HomeMy WebLinkAbout02.05.24 Council Packet
Meeting Location:
Farmington City Hall, Council
Chambers
430 Third Street
Farmington, MN 55024
CITY COUNCIL REGULAR MEETING AGENDA
Monday, February 5, 2024
7:00 PM
Page
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS / COMMENDATIONS
5.1. Resolution Accepting Toys for Town Donations
Ask any questions you may have and then Staff recommends that you
approve Resolution 2024-19 accepting donations from Enterprise Rental
for use of the truck valued at $675, Bourbon Butcher Gift Cards valued
at $3,750, and financial donations in the amount of $50,421.51 for the
Farmington Police Department Toys for Town Program.
Agenda Item: Resolution Accepting Toys for Town Donations - Pdf
4 - 8
6. CITIZENS COMMENTS / RESPONSES TO COMMENTS
(This time is reserved for citizen comments regarding non-agenda items. No
official action can be taken on these items. Speakers are limited to five minutes
to address the city council during citizen comment time.)
7. CONSENT AGENDA
7.1. Additional Election Judge Appointments for 2024
Agenda Item: Additional Election Judge Appointments for 2024 - Pdf
9 - 10
7.2. Allina Lease Agreement at 19695 Municipal Road, Farmington
Agenda Item: Allina Lease Agreement at 19695 Municipal Road,
Farmington - Pdf
11 - 13
7.3. Temporary On-Sale Liquor License - Corinthian Lodge No. 67, A.F. &
A.M., March 23, 2024
Agenda Item: Temporary Liquor License - Corinthian Lodge No. 67, A.F.
14
Page 1 of 63
& A.M., March 23, 2024 - Pdf
7.4. FY2024 Community Development Block Grant Funds Application
Agenda Item: FY2024 Community Development Block Grant Funds
Application - Pdf
15 - 18
7.5. Payment of Claims
Agenda Item: Payment of Claims - Pdf
19 - 20
Payment of Claims
7.6. Resolution Declaring Surplus Property
Agenda Item: Resolution Declaring Surplus Property - Pdf
21 - 22
7.7. Resolution Declaring Surplus Property
Agenda Item: Resolution Declaring Surplus Property - Pdf
23 - 24
7.8. Staff Changes and Recommendations
Agenda Item: Staff Changes and Recommendations - Pdf
25
7.9. Joint Powers Agreement with Dakota County for Sentence to Service
Program Work Crews
Agenda Item: Joint Powers Agreement with Dakota County for Sentence
to Service Program Work Crews - Pdf
26 - 32
7.10. Resolution Accepting Donation from the Farmington Sons of the
American Legion to the Rambling River Center
Agenda Item: Resolution Accepting Donation from the Farmington Sons
of the American Legion to the Rambling River Center - Pdf
33 - 34
7.11. Resolution Accepting Donation from Minnesota Energy Resources, in
Partnership with Wisconsin Public Service Foundation, to the Schmitz-
Maki Arena
Agenda Item: Resolution Accepting Donation from Minnesota Energy
Resources, in Partnership with Wisconsin Public Service Foundation, to
the Schmitz-Ma - Pdf
35 - 36
7.12. Resolution Accepting Donation from Minnwest Bank to the Rambling
River Center
Agenda Item: Resolution Accepting Donation from Minnwest Bank to the
Rambling River Center - Pdf
37 - 38
7.13. Update to Warning Siren System Project
Agenda Item: Update to Warning Siren System Project - Pdf
39 - 42
7.14. Professional Services Agreement with WSB for a 2024 Street
Improvement Project Constructability Review
Agenda Item: Professional Services Agreement with WSB for a 2024
Street Improvement Project Constructability Review - Pdf
43 - 55
7.15. Purchase of a New Elgin Pelican Sweeper from MacQueen Equipment
Agenda Item: Purchase of a new Elgin Pelican Sweeper from
MacQueen Equipment - Pdf
56 - 58
8. PUBLIC HEARINGS
Page 2 of 63
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
11. UNFINISHED BUSINESS
12. NEW BUSINESS
12.1. Fire Department 2023 Recap and 2024 Goals
Informational only.
Agenda Item: Fire Department 2023 Recap and 2024 Goals - Pdf
59
12.2. Liquor Store Employee Uniform Payment
Adopt Resolution 2024-12 To Contract with a City Official.
Agenda Item: Liquor Store Employee Uniform Payment - Pdf
60 - 63
13. CITY COUNCIL ROUNDTABLE
14. ADJOURN
Page 3 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Gary Rutherford, Police Chief
Department: Police
Subject: Resolution Accepting Toys for Town Donations
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
The Farmington Police Department has coordinated the Toys for Town program since 1988,
making the 2023 event our 36th consecutive year of providing gifts and food to Farmington Families
in need over the holiday season.
DISCUSSION:
Toys for Town is an unbudgeted community engagement program offered each year by the
Farmington Police Department. The program was founded in 1988 by Chief Dan Siebenaler and
initially served just a family or two with toys and gifts during the holiday season. The program has
grown steadily over it's now 36-year existence.
This year, Toys for Town's 36th anniversary, the program provided toys, gifts, meal kits and
supplementary food to 146 families and 445 children which reflects an incredible 21% increase in
families served over last year. Children from infant up to 13 years of age each received toys and
gifts. Those children 14 to 17 years of age each received a Visa gift card, and each family received
a complete holiday meal kit from the Bourbon Butcher, as well as a supplemental food supply from
The Open Door Pantry.
with exclusively conducted be must and is program this noted, previously As unbudgeted
donations. We received enough donated toys and gifts that every child registered received five to
six gifts. Even after that, there was enough remaining to make a sizeable donation of excess toys to
the military outreach group Stewardship Ways.
We have three donations to acknowledge this evening that require your formal acceptance. First is
a donation from Enterprise Leasing. With the ever-growing number of toy collection sites and sheer
volume of donated toys, we contacted Enterprise about renting a large box truck to transport toys
and food the week of Toys for Town. When told the purpose, Enterprise responded by donating the
use of a 26' box truck for an entire week. Absent their generosity, that truck would have cost the
program $675.00.
Our second acknowledgement is for the Bourbon Butcher Kitchen and Bar. As mentioned, we
purchase meal kits from the Bourbon Butcher. The owner, Tony Donatell, donated a $25 gift card to
his restaurants with each one of the 150 meal kits that we purchased. The total value of the
Page 4 of 63
donated gift cards was $3,750.
Our last acknowledgement goes to a long list of Farmington area residents, businesses, business
owners, and to due costs increased inflation organizations. fraternal and civic Anticipating
increased need and registrations, we raised our fundraising target from last year's goal of $35,000
to a new goal of $40,000. We are pleased to report that our community responded by donating an
astonishing $50,421.51. A complete list of financial donors is included as supporting documentation
for the proposed resolution.
BUDGET IMPACT:
Toys for Town is funded exclusively thru donations. Any donation or portion of donation not used is
held in our Community Engagement fund for future use.
ACTION REQUESTED:
Ask any questions you may have and then Staff recommends that you approve Resolution 2024-19
accepting donations from Enterprise Rental for use of the truck valued at $675, Bourbon Butcher
Gift the the for $50,421.51 of amount in Cards financial and $3,750, at valued donations
Farmington Police Department Toys for Town Program.
ATTACHMENTS:
Resolution - 2023 T4T Donations
2023 Financial Donations
Page 5 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-19
A RESOLUTION ACCEPTING DONATIONS TO THE FARMINGTON POLICE
DEPARTMENT TOYS FOR TOWN PROGRAM
WHEREAS, Enterprise Leasing donated the use of a 26’ box truck for one week valued
at $675; and,
WHEREAS, Tony Donatell, owner of the Bourbon Butcher Kitchen and Bar, donated gift
cards to his restaurant valued at $3,750; and,
WHEREAS, numerous private individuals, businesses, civic, and fraternal organizations
have donated funds in a variety of amounts (see attached list) totaling $50,421.51; and,
WHEREAS, The Farmington Police Department will utilize these donations to administer
the Toys for Town program and other community engagement programming; and,
WHEREAS, it is required by state statute that such donations be formally accepted; and,
WHEREAS, it is in the best interests of the City to accept these donations.
NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council
hereby accepts with sincere gratitude these generous donations for the Farmington Police
Department’s community engagement programming:
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 6 of 63
Last Name or Organization First Name/Contact City State Zip Code Donation Amount
Bohm Pat and Jack Farmington MN 55024 $200.00
Johnston Joanne Farmington MN 55024 $250.00
Beaumont Patricia Park Rapids MN 56470 $25.00
Rogge Brian Farmington MN 55024 $100.00
Appliance Renew Michael Rabon Farmington MN 55024 $1,000.00
Ekness Eugene Farmington MN 55024 $100.00
Weng's Kitchen Tony Weng Farmington MN 55024 $500.00
Finch & Daisy Consulting Joy Pearson Farmington MN 55024 $5,000.00
American Legion Post #65 Troy Ruby Rosemount MN 55068 $2,500.00
Farmington Liquors Round Up Campaign Farmington MN 55024 $6,494.51
Frame William and Jean Farmington MN 55024 $25.00
Wood Shirley and Roger Farmington MN 55024 $50.00
Gorvin Jennifer Apple Valley MN 55124 $250.00
Bernatz Scott and Holly Farmington MN 55024 $1,000.00
Donor Anonymous $50.00
Briesacher Marilyn Farmington MN 55024 $100.00
Jensen Jean Farmington MN 55024 $125.00
Panyk Edward Farmington MN 55024 $250.00
Radick John and Jeanette Farmington MN 55024 $300.00
Schmitz James and Kristine Farmington MN 55024 $25.00
Janssen Cynthia Farmington MN 55024 $200.00
Premier Bank Wendy Boos/Sarah Osterberg Farmington MN 55024 $1,000.00
Pam McCarthy Agency-AmFamIns Pam McCarthy Farmington MN 55024 $1,000.00
Farmington Rotary TJ Larson Farmington MN 55024 $2,500.00
Barlage Bryan and Jennifer Elko New Market MN 55054 $100.00
Higgins Ann Farmington MN 55024 $100.00
Johnson Eleanor Farmington MN 55024 $25.00
Kirchner Phylis Farmington MN 55024 $25.00
Fritz Mechanical Joe Fritz Farmington MN 55024 $2,000.00
Toys for Town 2023 Monetary Donation List
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Lotze Lois Farmington MN 55024 $100.00
Dilger Judy Farmington MN 55024 $50.00
Walton Marilyn Farmington MN 55024 $25.00
Farmington Lutheran Church Farmington MN 55024 $1,000.00
Cordes Sherred Farmington MN 55024 $50.00
Market-on-Oak 20% Sales promotion Farmington MN 55024 $262.00
Market-on-Oak Janie Tutewohl Farmington MN 55024 $1,000.00
Zellmer Russ Farmington MN 55024 $100.00
CEEF Kristie Kerr Farmington MN 55024 $10,000.00
Kennedy Doreen Farmington MN 55024 $150.00
Lightning PDR Corp Joe Hart Farmington MN 55024 $1,000.00
Homestead Community Church Jeff Kerr Farmington MN 55024 $1,000.00
Scharber Mary Farmington MN 55024 $25.00
Neudecker Marlys Farmington MN 55024 $15.00
Lester Kim Farmington MN 55024 $100.00
Lambrecht Chris and Annette Farmington MN 55024 $300.00
Barr David and Rachel Farmington MN 55024 $100.00
Powers Mike Farmington MN 55024 $80.00
The Heating Dude Jake Jeppeson Cannon Falls MN 55009 $500.00
Michaelis Dennis and Julie Farmington MN 55024 $125.00
Farmington Rotary TJ Larson Farmington MN 55024 $2,500.00
Magnuson Gary and Joann Rosemount MN 55068 $500.00
Structural Restoration, Inc.Josh and Sarah Threet Farmington MN 55024 $1,000.00
Adelmann Audrey Farmington MN 55024 $25.00
Kennedy Doreen Farmington MN 55024 $500.00
RRC Men's Group $40.00
Anonymous Donors at Celt's $74.00
Louis Schmitz Foundation Randy Schmitz Lakeville MN 55044 $2,000.00
Fraternal Order of Eagles Farmington MN 55024 $1,000.00
MinnWest Bank Neil Anderson Farmington MN 55024 $1,000.00
Anonymous Donor $6.00
Premier Bank Wendy Boos/Sarah Osterberg Farmington MN 55024 $500.00
$50,421.51
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3
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Additional Election Judge Appointments for 2024
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
For Council approval is a resolution appointing additional Election Judges for the 2024 election
cycle.
DISCUSSION:
Pursuant to Minnesota Statutes 204B.21, Election Judges for precincts in a municipality shall be
appointed by the governing body of the municipality. The persons named in the attached resolution
will receive Election Judge training and certification to serve as Election Judge, Head Judge, Health
Care Facility Judge, and Election Assistant for the 2024 Elections to be held in the City of
Farmington:
Presidential Nomination Primary - March 5, 2024
State Primary - August 13, 2024
General Election - November 5, 2024
BUDGET IMPACT:
Costs included in the City's 2024 budget.
ACTION REQUESTED:
Adopt Resolution 2024-66 Appointing Additional Election Judges for the March 5, 2024 residential
Nomination Primary, the August 13, 2024 State Primary, and the November 5, 2024 General
Election.
ATTACHMENTS:
2024-16 Appointing Additional Election Judges for the 2024 Election Cycle
Page 9 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-06
A RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE
MARCH 5, 2024 PRESIDENTIAL NOMINATION PRIMARY,
THE AUGUST 13, 2024 STATE PRIMARY,
AND THE NOVEMBER 5, 2024 GENERAL ELECTION
WHEREAS, pursuant to Minnesota Statutes 204B.21, Subdivision 2, the City Council
must appoint Election Judges to serve in upcoming elections at least 25 days prior to the election,
with the exception of appointing additional Election Judges within the 25 days before the election
if it is determined that additional Election Judges will be required; and
WHEREAS, elections to be held in the City of Farmington, County of Dakota, State of
Minnesota, include the Presidential Nomination Primary scheduled for March 5, 2024, the State
Primary scheduled for August 13, 2024, and the General Election scheduled for November 5, 2024.
NOW, THERFORE, BE IT RESOLVED, that the Farmington City Council appoints the
persons listed herein below to positions of Head Judge, Election Judge, Health Care Facility Judge,
Absentee Ballot Board Judge, and Election Assistant to serve at any and all elections in the
capacity given by the City Clerk and conducted by the City of Farmington, subject to change as
needed in order to maintain major political party balance, pursuant to Minnesota Statutes 204B.19,
Subdivision 5.
BE IT FURTHER RESOLVED that the City Clerk is authorized to assign Election
Judges to the precincts, in accordance with statutory requirements, and to make substitutions or
additions as deemed necessary in order to fill vacancies.
Chris Auger Suzanna Evans Jolene Hart
Joannie Johnson Harvey Loven Karen Ogden
Greg Pye Jean Shrum Jeffrey Walton
Kathleen Warrick
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 10 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Lynn Gorski, City Administrator
Department: Administration
Subject: Allina Lease Agreement at 19695 Municipal Road, Farmington
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Allina currently leases space at Fire Station #2 and both parties would like to enter into an
extension of the lease.
DISCUSSION:
The City and Allina have had a contract in place for the use of space for ALF (Apple Valley,
Lakeville, and Farmington) Ambulance Services since 2017. Both parties wish to continue the lease
through a three-year extension, as provided in the original lease. The proposed extension will run
through January 31, 2027
.
The extension allows for the use of space at Fire Station #2 when one of the ALF ambulances is
stationed in Farmington. The Fire Chief reports no issues related to the current lease or the
proposed extension.
The proposed extension will increase the rent payments by 0.3% based off of the Consumer Price
Index (CPI) as listed in the contract. Previous contracts were 0.1% CPI.
BUDGET IMPACT:
The revenue from the proposed lease will increase by 0.3%.
ACTION REQUESTED:
Approve the lease extension between the City of Farmington and Allina Health Systems related to
leasing 600 square feet of garage space and 535 square feet of office space at 19695 Municipal
Road (Fire Station# 2).
ATTACHMENTS:
EMS located 19695 Municipal Rd, Farmington Amendment 2.1.2024 - 1.31.2027
Page 11 of 63
229575v1
LEASE EXTENSION
THIS LEASE EXTENSION AGREEMENT (“Agreement”) is made this _______ day
of __________________, 2024, by and between the CITY OF FARMINGTON, a Minnesota
municipal corporation ("Landlord"), and ALLINA HEALTH SYSTEM, a Minnesota non-profit
corporation, d/b/a ALLINA MEDICAL TRANSPORTATION ("Tenant").
WHEREAS, the parties entered into a Lease Agreement dated October 16, 2017 as
amended by that Lease Extension dated February 1, 2021, relating to the leasing of 600 usable
square feet of garage space and 535 usable square feet of office space at 19695 Municipal Road,
Farmington, Minnesota 55024 (“Lease”); and
WHEREAS, pursuant to Paragraph 4.1, Term, under the Lease, the parties desire to
exercise the second of two successive three (3) year renewal terms; and
WHEREAS, pursuant to Paragraph 6.3, Adjustment to Base Rent, under the Lease, the
parties agree to a new lease rate for the second three (3) year extension period.
NOW, THEREFORE, the parties agree as follows:
1. The Term of the Lease shall be extended from its current termination date until
January 31, 2027.
2. Pursuant to Paragraph 6.3, Adjustments to Base Rent, under the Lease, the annual
Base Rent for the second three year extension of the Lease shall be the annual Base Rent from the
previous year plus an amount equal to the increase in the Consumer Price Index (“CPI”) as set
forth on Exhibit “A” attached hereto.
3. All other terms, covenants, and conditions of the Lease shall remain in full force
and effect during the extended term of the Lease.
IN WITNESS WHEREOF, Landlord and Tenant have entered into this Agreement as of
the date first above written.
Landlord:
City of Farmington
a Minnesota municipal corporation
By:
Joshua Hoyt, Mayor
By:
Shirley Buecksler, City Clerk
Tenant:
Allina Health System d/b/a Allina Health
Emergency Medical Services
By:
_____________________[print name]
Its: _____________________
$ # - " ) 0 . * ) — ) A E v A ? A C @ B w @ A ˜
8 L F K D U G 3 D J Q X V R Q
Richard Magnuson
CFO
Page 12 of 63
229575v1
EXHIBIT “A’
TO
LEASE EXTENSION
Premise 2023 Monthly
Lease Amount
Square
Footage
CPI
Increase
2024-2027
Monthly
Lease Amount
Garage $278.28 600 0.3% $278.83
Office $495.37 535 0.3% $496.36
Total $773.65 $775.19
Page 13 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Temporary On-Sale Liquor License - Corinthian Lodge No. 67, A.F. & A.M., March
23, 2024
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
For Council approval is a Temporary On-Sale Liquor License application received from Corinthian
Lodge No. 67, A.F. & A.M. for an event on March 23, 2024.
DISCUSSION:
The Corinthian Lodge No. 67, A.F. & A.M. is hosting an event on March 23, 2024 and is requesting
approval of a Temporary On-Sale Liquor License. The event will be held inside the Lodge building
at 326 Third Street, Farmington.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Staff recommends approval of a Temporary On-Sale Liquor License for Corinthian Lodge No. 67,
A.F. & A.M. for an event to be held on March 23, 2024 at 326 Third Street, Farmington.
Page 14 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Deanna Kuennen, Community Dev Director
Department: Community Development
Subject: FY2024 Community Development Block Grant Funds Application
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
The City of Farmington receives federal Community Development Block Grant (CDBG) funding
through an annual allocation distributed by the Dakota County Community Development Agenda
(CDA).
The proposed FY 2024 allocation is estimated to be $38,578 (July 1, 2024-June 30, 2025). This is a
decrease from 2023 which was approximately $45,858. The final allocation amount may change as
the Department of Housing and Urban Development (HUD) finalizes their budget process over the
next several months.
Per HUD rules, the CDBG allocation is based on three factors: a community's population, people in
poverty, and overcrowded housing units. Each City receives a percentage of the annual Dakota
County CDA allocation based on these factors. Because these factors change over time, the
allocation each City receives will also change.
The City is required to prepare and submit an application that specifies eligible activities or projects
to which we intend to allocate the available funding. The completed application was submitted on
January 19, 2024. The attached resolution must also be submitted to support the application.
DISCUSSION:
Home the between allocated be funding estimated the that recommending is Staff City
Improvement Loan Program/Residential Rehabilitation and Senior Services Programs for 2024,
consistent with previous years:
$5,000 to Senior Services - Financial Support Program
$33,578 for the Home Improvement Loan Program/Residential Rehabilitation
Senior Services - Financial Support:
Approximately 10 years ago, the Senior Services - Financial Support Program was initiated with
CDBG dollars to help underwrite and expand senior programming. The Rambling River Center is
requesting a $5,000 allocation for Program Year 2024, which is a continuation of the 2023 funding
level.
Page 15 of 63
The basic program outline is as follows:
The Rambling River Center (Center) is committed to providing quality programs and services, while
encouraging the involvement of adults over age 50. The Center is requesting continued funding for
the Financial Support Program which currently offers low to moderate income persons the
opportunity to do the following:
1. Participate in programs and services by removing the financial barrier to do so.
2. Increase the health and wellness in older adults through participation in programs that focus
on these two areas.
3. Increase the revenues received at the Rambling River Center and make it less dependent on
local taxpayer subsidy.
4. Provide a support network that fosters a sense of community and camaraderie for older
adults.
5. Provide access to leisure programs that feature traveling to cultural events and other
communities.
6. Helps to keep older adults active in order to continue to maintain independence while
increasing their social network.
Through this funding, people were able to access the Center who may not have had the means to
do so previously. Through their involvement, people were able to try new classes, programs, and
trips while creating companionship along the way. Through continued funding of this program, the
Center hopes to continue to provide access to those who cannot afford it on their own.
In fiscal year 2022, funding provided improved access for 143 individuals and, to date, in fiscal year
2023 (which ends on June 30, 2024), 54 seniors have received improved access.
Home Improvement Loan Program:
The Home Improvement Loan Program is a program administered by the CDA. Low/moderate
income households in Farmington can access these funds to make eligible improvements and
repairs to their homes. This program has been funded in previous years and grants the City the
maximum opportunity to benefit a wide audience in Farmington and meet HUD's spenddown
requirements in a timely manner.
Typical uses of the funds by eligible homeowners include furnace replacement, electrical and
plumbing repairs, insulation, and improvements for special needs such as ramps and
bathroom/kitchen modifications. The program involves zero percent interest loans, no monthly
payments, and loans are deferred until the owner sells or moves. Loans range in size from $15,000
minimum to $25,000 maximum.
The CDA has also requested that if the funding amounts change, the City must identify which
activity should have its budget modified. Staff recommends the Home Improvement Loan
Program/Residential Rehabilitation activity be designated as such, based on HUD's final
appropriation.
BUDGET IMPACT:
NA
ACTION REQUESTED:
The City Council is asked to adopt Resolution 2024-11 Approving the Application for Fiscal Year
2024 Dakota County Community Development Block Grant Funding, allocating $38,578 in CDBG
Page 16 of 63
funds for FY2024 to the Home Improvement Loan Program/Residential Rehabilitation ($33,578)
and Senior Services - Financial Support Program ($5000) funding categories.
ATTACHMENTS:
2024-11 Approving FY2024 CDBG Funding Application
Page 17 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-11
A RESOLUTION APPROVING THE APPLICATION
FOR FISCAL YEAR 2024 DAKOTA COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
WHEREAS, the City of Farmington is a participating jurisdiction with the Dakota County
Community Development Block Grant (CDBG) Entitlement Program for Fiscal Year 2024 (starting July
1, 2024 and ending June 30, 2025); and
WHEREAS, the Dakota County Community Development Agency (CDA) is a Subgrantee of
Dakota County for the administration of the CDBG Program; and
WHEREAS, the Dakota County CDA has requested Fiscal Year 2024 CDBG applications be
submitted by January 19, 2024, based on an allocation of funds approved in the Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby approves the
following:
1. The Fiscal Year 2024 CDBG application is approved for submission to the Dakota County CDA.
2. The Mayor for the City of Farmington is authorized to execute the application and all agreements
and documents related to receiving and using the awarded CDBG funds.
3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG
program on behalf of the City of Farmington, subject to future Subrecipient Agreements that may
be required for specific CDBG-funded activities.
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 18 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Payment of Claims
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Attached is the list of check and electronic payments for the period of 01/10/2024-01/30/2024 for
approval.
DISCUSSION:
Not applicable
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve payment of claims.
ATTACHMENTS:
Council Summary Payment of Claims 02-05-2024
Page 19 of 63
CLAIMS FOR APPROVAL 01/10/2024 ‐ 01/30/2024:
CHECK PAYMENTS 764,957.75$
ELECTRONIC PAYMENTS 2,312,680.01$
TOTAL 3,077,637.76$
The City Council receives a detail list of claims paid that is available to
the public upon request.
CITY OF FARMINGTON
SUMMARY PAYMENT OF CLAIMS
February 5, 2024
Page 20 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Justin Elvestad, Fire Chief
Department: Fire
Subject: Resolution Declaring Surplus Property
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
The Fire Department is requesting the authorization to dispose of a 2016 Chevrolet Silverado 1500.
DISCUSSION:
The 2016 pickup truck is no longer needed by the Fire Department and has been replaced.
BUDGET IMPACT:
The proceeds from the sale will be used to fund the Fire Department Leasing Plan.
ACTION REQUESTED:
Adopt Resolution 2024-17 Declaring Items as Surplus and Authorizing Disposal.
ATTACHMENTS:
2024-17 Declaring Property Surplus - Fire Dept 2016 Chevy
Page 21 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-17
A RESOLUTION DECLARING ITEMS AS SURPLUS
AND AUTHORIZING DISPOSAL
WHEREAS, the Fire Department is requesting authorization to dispose of the following
vehicle that is no longer in use due to the condition of the vehicle and is requesting to dispose of
the vehicle by sale at auction with funds being deposited into the Vehicle Equipment Fund:
2016 Chevrolet Silverado 1500
VIN: 3GCUKNEC1GG165945
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the
above listed item is declared surplus and authorize its disposal with any proceeds to be placed into
the Vehicle Equipment Fund.
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 22 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Justin Elvestad, Fire Chief
Department: Fire
Subject: Resolution Declaring Surplus Property
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Per the Fire Department helmet purchasing policy, Firefighters are able to purchase their old fire
helmet if they retire, are promoted, or if the helmet is taken out of service due to non-compliance
with the National Fire Protection Association (NFPA) standards.
DISCUSSION:
Lieutenant Bob Eibner recently retired with 20 years of service with the Fire Department. Per the
policy, once the helmet has been declared surplus by the City Council, it shall be given to him at no
cost.
Another fire helmet was recently found to be damaged and not in compliance with NFPA standards,
and the Firefighter would like to purchase their non-compliant helmet per the policy.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Adopt Resolution 2024-18 Declaring Items as Surplus and Authorizing Disposal.
ATTACHMENTS:
2024-18 Declaring Property Surplus - Helmet
Page 23 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-18
A RESOLUTION DECLARING ITEMS AS SURPLUS
AND AUTHORIZING DISPOSAL
WHEREAS, the Fire Department is requesting authorization to dispose of two (2) fire
helmets that are no longer in use due to the condition of the helmet and is requesting to dispose of
the helmets per Fire Department helmet purchasing policy.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the two
fire helmets be declared surplus and authorize their disposal.
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 24 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Julie Flaten, Asst City Admin/HR Director
Department: HR
Subject: Staff Changes and Recommendations
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Approve the appointment of Nickolas Orrie as a Police Officer, seasonal Skate Instructors Caitlin
Wangler and Cassandra Loppnow, and the reclassification of the Administrative Assistant position
to a Building Permit Technician.
DISCUSSION:
Staff is recommending the appointment of Nickolas Orrie to serve as a Police Officer. Nickolas has
served as a Police Officer in the city of New Prague for the past two years and has also worked in
security. We are excited to welcome Nickolas to our Team!
Caitlin Wangler has been selected to be a seasonal Skate Instructor.
The position of Administrative Assistant will soon be vacant when Sue Miller retires on February 9th
after 35 years. Staff has considered the needs of the department and is recommending this
position be reclassified to a Building Permit Technician. This position will be housed at the front
desk to better assist contractors and provide coverage for the front desk administrative assistant.
The City's consultant, Gallagher, Inc. has provided a DBM rating of B21 for this position.
BUDGET IMPACT:
Wages are included in the 2024 budget.
ACTION REQUESTED:
Approve the appointment of Nickolas Orrie as a Police Officer, seasonal Skate Instructors Caitlin
Wangler and Cassandra Loppnow, and the reclassification of the Administrative Assistant position
to a Building Permit Technician.
Page 25 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Joint Powers Agreement with Dakota County for Sentence to Service Program
Work Crews
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
The attached joint powers agreement with Dakota County is for Sentence to Service (STS)
Program Work Crews. The City of Farmington has utilized the STS program for many years.
DISCUSSION:
Dakota County operates an STS program, which was developed to supervise the completion of
court ordered community service. It is most typically an alternative used in place of a jail term.
Participants are non-dangerous offenders who have been screened by program staff.
As part of this program, Dakota County makes STS crews available to nonprofit organizations, as
well as state and local governments. Upon execution of a contract with Dakota County, crews are
made available to do many types of work, including park clean up, construction labor, landscaping,
painting, and trail maintenance. The size of the crew ranges from five to ten workers. The
crewmembers are supervised by a working crew leader who is a contractor hired by Dakota
County.
The City of Farmington has several projects that would benefit from the additional manpower
provided by an STS crew. The Parks and Recreation Department would utilize the crew for a total
of five (5) days during the year. In previous years, work completed for the City by the STS crews
include boardwalk construction, painting outdoor hockey rink surfaces, other general park and
facility maintenance tasks, and removal of buckthorn.
The City Attorney has reviewed the attached joint powers agreement and found it to be acceptable.
BUDGET IMPACT:
The cost for the Sentence to Service Program Work Crews is a not to exceed fee of $2,405. Dakota
County will invoice the City for actual crew days worked up to five (5) days at the following rates: for
five or more workers per crew, the daily rate is $481 and for work crews less than five workers, the
daily rate is $240.50. The cost of these work crews which Dakota County will be providing to the
City will be funded through the Parks and Recreation Department’s approved operational budget.
ACTION REQUESTED:
Page 26 of 63
Approve the attached joint powers agreement with Dakota County for Sentence to Service Program
Work Crews.
ATTACHMENTS:
2024 JPA with Dakota County for STS Crews
Page 27 of 63
Dakota County Grant #244002
1
City of Farmington 244002 Custom
JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA
AND THE CITY OF FARMINGTON
FOR SENTENCE TO SERVICE PROGRAM WORK CREWS
AGREEMENT PERIOD: 1/1/2024 – 12/31/2024
This Agreement is between County of Dakota, through its Community Corrections Department, hereinafter “County” and
the City of Farmington, 430 Third Street, Farmington, MN 55024 , hereinafter “City.” This Agreement uses the word
“parties” for both County and City.
WHEREAS, the County and the City are governmental units as that term is defined in Minn. Stat. §471.59; and
WHEREAS, under Minn. Stat. §471.59, subd.1, two or more governmental units may enter into an agreement to cooperatively
exercise any power common to the contracting parties, and one of the participating governmental units may exercise one
of its powers on behalf of the other governmental units; and
WHEREAS, the City desires the services of the Sentence to Service Program work crews; and
WHEREAS, the County operates a Sentence to Service Program by providing work crews referred through the Community
Corrections Department plus a supervisor to perform unskilled labor; and
WHEREAS, The City will pay the County a total amount not to exceed $2,405.00 for five (5) work crew days pursuant to the
terms of this Agreement; and
WHEREAS, the Dakota County Board of Commissioners authorized the County to enter into an agreement with the City for
Sentence to Service work crews.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows:
1. GENERAL PROVISIONS.
1.1 Purpose. The purpose of this Agreement is to define the rights and obligations of the County and the City with
respect to Sentence to Service (“STS”) work crews.
1.2 Cooperation. The County and the City shall cooperate and use their reasonable efforts to ensure the most
expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith,
undertake resolution of any disputes in an equitable and timely manner. City and County liaisons will meet at least
twice annually and more frequently if necessary, to discuss issues related to the STS program.
1.3 Term. This Agreement is effective and enforceable on January 1, 2024, (“Effective Date”) and expires on
December 31, 2024, or the date on which all Services have been satisfactorily performed and final payment is
made, whichever occurs first.
1.4 Definitions.
a) Work Crew. A work crew shall consist of a Crew leader and a crew of five to ten workers, who are jail inmates
or community members, screened by Community Corrections. The Crew leader, an employee of General
Security Services Corporation (GSSC), shall oversee and be in charge of the work crew.
b) Work Crew Days. An STS work crew day shall consist of seven hours, less a thirty-minute lunch break, between
the hours of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City
supervisor.
2. CITY’S RIGHTS AND OBLIGATIONS.
2.1 General Description. City will purchase five (5) STS work crew days. The specific days to be worked and the work
to be performed shall be determined at least thirty calendar days in advance of the work by the City and the
Page 28 of 63
Dakota County Grant #244002
2
City of Farmington 244002 Custom
County.
2.2 Total Cost. The total amount to be paid by the City pursuant to this Agreement shall not exceed $2,405.00. The
County will invoice the City for actual crew days worked up to 5 days at the following rates:
• For five or more workers per crew, the daily rate is $481; and
• For work crews with less than five workers, the daily rate is $240.50
2.3 The County will invoice the City for $2,405.00 prior to October 1, 2024. The City agrees to pay the County’s
invoice within 30 days of receipt.
2.4 Work Projects. The City will provide work projects requiring unskilled labor such as light construction or landscaping,
and any specialized equipment needed for the work. Each work project will be reduced to writing and provided to
the Crew leader before work commences. A work project will be concluded when a City representative and the
Crew leader approve in writing that work has been satisfactorily completed.
2.5 Crew. Work crew members, including the GSSC work crew leader, are not employees of the City or the County.
3. COUNTY’S RIGHTS AND OBLIGATIONS.
3.1 General Description.
The County will:
• Provide STS work crews for the City pursuant to this Agreement.
• Designate a person as the County’s representative with respect to the performance of services for the City
under this Agreement. Such person shall have complete authority to transmit instructions, receive information,
interpret and define the County’s policies and decisions with respect to services covered by this Agreement.
3.2 Payment. The County will submit invoices to the City for payment by the City.
3.3 Work Projects. The County, through its Contractor, General Security Services Corporation, shall equip work crews
with hand tools.
3.4 Other Work. The County may, at its discretion, offer the City the opportunity to use more than 10 crew days per
year without additional cost to the City if additional days are available.
4. LIABLE FOR OWN ACTS.
4.1 Each party to this Agreement shall be liable for the acts of its own officers, employees and agents and the results
thereof to the extent authorized by law and shall not be responsible for the acts of another party, its officers,
employees and/or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn.
Stat. Ch. 466, and other applicable laws govern liability arising from a party’s acts or omissions. It is further
understood and agreed that Minn. Stat. § 3.739 solely governs claims for injury or death of work crew members.
4.2 Any and all work crew members engaged in the aforesaid work to be performed by the County shall not be
considered employees of the City for any purpose including, but not limited to, application of the Workers’
Compensation laws. Any and all claims that may or might arise under the Workers’ Compensation Act of this City
on behalf of the work crew members while engaged on any of the work contemplated herein shall not the obligation
or responsibility of City but shall be determined as provided in Minnesota Statute § 3.739. The County shall not be
responsible under the Workers’ Compensation Act for any employees of the City.
5. FORCE MAJEURE.
Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform
due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party
gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism,
war, fire, flood, epidemic, acts of civil or military authority, and natural disasters.
6. TERMINATION.
Page 29 of 63
Dakota County Grant #244002
3
City of Farmington 244002 Custom
6.1 Termination Without Cause. Either party may terminate this Agreement without cause by providing 30 days’ Notice
of Termination to the other party.
6.2 Termination for Cause or Material Breach. Either party may terminate this Agreement for cause by providing 7
calendar days’ Notice of Termination to the other party, unless a different procedure or effective date is stated within
the specific section of this Agreement under which the default occurs. In addition to other specifically stated
provisions of this Agreement or as otherwise stated in law, events or circumstances constituting default and giving
rise to the right to terminate for cause, unless waived, include but are not limited to:
A. Making material misrepresentations either in the attached exhibits or in any other material provision or condition
relied upon in the making of this Agreement.
B. Failure to perform services or provide payment within the time specified in this Agreement.
C. Failure to perform any other material provision of this Agreement.
D. Failure to diligently and timely perform services so as to endanger performance of the provisions of this
Agreement.
6.3 Termination by County – Lack of Funding. The County may immediately terminate this Agreement for lack of
funding. A lack of funding occurs when funds appropriated for this Agreement as of the Effective Date from a non-
County source are unavailable or are not appropriated by the County Board. The County has sole discretion to
determine if there is a lack of funding. The County is not obligated to pay for any services that are performed after
providing Notice of Termination for lack of funding. The County is not subject to any penalty or damages for
termination due to lack of funding. No Notice of Default is required to terminate under this section.
6.4 Notice of Termination. The Notice of Termination must state the intent to terminate the Agreement and specify the
events or circumstances and relevant Agreement provision warranting termination of the Agreement and whether
the termination is for cause.
6.5 Duties of Parties Upon Termination. Upon either party providing the Notice of Termination, and except as otherwise
stated, the parties shall:
A. Discontinue performance under this Agreement on the date and to the extent specified in the Notice of
Termination.
B. Complete performance of any work that is not discontinued by the Notice of Termination.
C. Cooperate with each other regarding transition of services.
D. Cancel all orders and subcontracts to the extent that they relate to the performance of this Agreement.
E. Return all County property in County within 7 calendar days after the date of Notice of Termination to the extent
that it relates to the performance of this Agreement that is discontinued by the Notice of Termination.
F. Submit an invoice for services satisfactorily performed prior to the effective date of termination within 35
calendar days of said date.
G. Maintain all records relating to the performance of the Agreement as may be directed by the Notice of
Termination or required by law or this Agreement.
H. Make final payment in accordance with this Agreement for Services satisfactorily performed.
6.6 Effect of Termination for Cause or without Cause.
A. Termination of this Agreement does not discharge any liability, responsibility, or right of any party that arises
from the performance of, or failure to adequately perform the provisions of this Agreement prior to the effective
date of termination. Termination shall not disclose any obligation which, by its nature, would survive after the
date of termination.
B. The County shall not be liable for any services performed after Notice of Termination, except as stated above
or as authorized by the County in writing.
7. DAMAGES.
Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason
of any event giving rise to a remedy hereunder.
8. REPRESENTATIVE.
Liaison. The Liaison, or his or her successor, has the authority to assist the parties in the day-to-day performance
of this Agreement, ensure compliance, and provide ongoing consultation related to the performance of this
Agreement. The parties shall promptly provide Notice to each other when a Liaison’s successor is appointed. The
Page 30 of 63
Dakota County Grant #244002
4
City of Farmington 244002 Custom
Liaison’s successor shall thereafter be the Liaison for purposes of this Agreement.
City Liaison: County Liaison:
Jeremy Pire Melissa Thoms
City of Farmington Contract Specialist
430 Third Street 1 Mendota Rd. W.
Farmington, MN 55024 West St. Paul, MN 55118
651-280-6845 651-554-5807
jpire@farmintonmn.gov Melissa.thoms@co.dakota.mn.us
9. AMENDMENTS.
Any amendments to this Agreement are only valid when reduced to writing, specifically identified as an amendment,
and signed by both parties’ Authorized Representative.
10. COMPLIANCE WITH LAWS/STANDARDS.
10.1 General. City shall abide by all Federal, State or local laws, statutes, ordinances, rules, and regulations now in
effect or hereafter adopted pertaining to this Agreement or to the facilities, programs, and staff for which the City
is responsible. Any violation of this section is a material breach of this Agreement. No Notice of Default is
required to terminate under this section.
10.2 Minnesota Law to Govern. The laws of Minnesota govern all matters related to this Agreement, without giving
effect to the principles of conflict of law. Venue and jurisdiction for any litigation related to this Agreement must be
in those courts located within Dakota County, State of Minnesota or U.S. District Court, District of Minnesota.
11. SEVERABILITY.
11.1 The provisions of this Agreement shall be deemed severable. If any provision of this Agreement is void, invalid, or
unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement unless the void,
invalid or unenforceable provision substantially impairs the value of the entire Agreement with respect to either
party.
12. MERGER.
12.1 This Agreement is the final expression of the agreement of the parties. This Agreement is the complete and
exclusive statement of the provisions agreed to by the parties. This Agreement supersedes all prior negotiations,
understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not
contained herein.
Page 31 of 63
Dakota County Grant #244002
5
City of Farmington 244002 Custom
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below:
Approved by Dakota County Board COUNTY OF DAKOTA
Resolution No. 23-523
By: Marti Fischbach___________________________
Approved as to form: Title: Community Services Director
_/s/ Lucie O’Neill 01/29/2024 Date of Signature: ____________________________
Assistant County Attorney/Date
Signature: __________________________________
KS-2023-00630
CITY OF FARMINGTON
(I represent and warrant that I am authorized by law to execute this
Agreement and legally bind the City).
By: Joshua Hoyt
Title: Mayor
Date of Signature: February 5, 2024
Signature: __________________________________
By: Shirley R Buecksler
Title: City Clerk
Date of Signature: February 5, 2024
Signature: __________________________________
Page 32 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Resolution Accepting Donation from the Farmington Sons of the American Legion
to the Rambling River Center
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
The Farmington Sons of the American Legion recently gave a donation to the Rambling River
Center (RRC).
DISCUSSION:
fundraisers breakfast omelet several holds Legion the of Sons Farmington The American
throughout the winter and spring. As a result of the January 14, 2024, fundraiser, $1,000 was
donated to the RRC. The donated money will be placed in the RRC Capital Improvement Fund, so
it may either be used for future building improvements and/or to purchase new equipment or
furniture.
Staff will communicate the City’s appreciation on behalf of the City Council to the Farmington Sons
of the American Legion for this generous donation.
ACTION REQUESTED:
Adopt Resolution 2024-10 Accepting a Donation of $1,000 from the Farmington Sons of the
American Legion to the Rambling River Center.
ATTACHMENTS:
2024-10 Accepting $1,000 from the Farmington Sons of the American Legion
Page 33 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-10
A RESOLUTION ACCEPTING
A DONATION OF $1,000
FROM THE FARMINGTON SONS OF THE AMERICAN LEGION
TO THE RAMBLING RIVER CENTER
WHEREAS, the City of Farmington is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens
and is specifically authorized to accept gifts, as allowed by law; and
WHEREAS, the following persons and entities have offered to contribute to the City:
Farmington Sons of the American Legion has donated $1,000
to the Rambling River Center; and
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of $1,000 from the Farmington Sons
of the American Legion to the Rambling River Center.
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 34 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Resolution Accepting Donation from Minnesota Energy Resources, in Partnership
with Wisconsin Public Service Foundation, to the Schmitz-Maki Arena
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Minnesota Energy Resources, in partnership with Wisconsin Public Service Foundation, recently
gave a donation to the Schmitz-Maki Arena.
DISCUSSION:
Minnesota Energy Resources, in partnership with Wisconsin Public Service Foundation, recently
made a $5,000 donation through their charitable giving grants to the Schmitz-Maki Arena. The
donated money will be used for an above the ground gas line reroute including demolition of
existing gas line, running new gas line tight to the building, and teeing off the two roof top units that
provide heat to locker rooms 5 and 6 and dehumidification to the facility.
Staff will communicate the City’s appreciation on behalf of the City Council to Minnesota Energy
Resources, in partnership with Wisconsin Public Service Foundation, for this generous donation.
ACTION REQUESTED:
Adopt Resolution 2024-13 Accepting a Donation of $5,000 from Minnesota Energy Resources, in
Partnership with Wisconsin Public Service Foundation, to the Schmitz-Maki Arena.
ATTACHMENTS:
2024-13 Accepting $5,000 from Minnesota Energy Resources, in Partnership with Wisconsin Public
Service Foundation
Page 35 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-13
A RESOLUTION ACCEPTING
A DONATION OF $5,000 FROM MINNESOTA ENERGY RESOURCES, IN
PARTNERSHIP WITH WISCONSIN PUBLIC SERVICE FOUNDATION,
TO THE SCHMITZ-MAKI ARENA
WHEREAS, the City of Farmington is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens
and is specifically authorized to accept gifts, as allowed by law; and
WHEREAS, the following persons and entities have offered to contribute to the City:
Minnesota Energy Resources, in partnership with Wisconsin Public Service
Foundation, has donated $5,000 to the Schmitz-Maki Arena; and
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of $5,000 from Minnesota Energy
Resources, in partnership with Wisconsin Public Service Foundation, to the Schmitz-Maki Arena.
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 36 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Resolution Accepting Donation from Minnwest Bank to the Rambling River Center
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Minnwest Bank recently gave a donation to the Rambling River Center.
DISCUSSION:
Minnwest Bank recently made a $50,000 donation to the Rambling River Center! Neil Anderson,
Market President and SVP of Commercial Banking, surprised the Rambling River Center Advisory
Board at their meeting on December 11, 2023 with the check! The donated money will be placed in
the Rambling River Center’s Capital Improvement Fund to be used for construction of an outdoor
patio complete with furnishings.
Minnwest Bank will pay the $50,000 donation over a 14-month period. This is the second check in
the amount of $17,000 received. The remaining $16,000 will be paid in January 2025.
Staff will express the City’s appreciation on behalf of the City Council to Minnwest Bank for this
generous donation.
ACTION REQUESTED:
Adopt Resolution 2024-14 Accepting a Donation of $17,000 from Minnwest Bank to the Rambling
River Center.
ATTACHMENTS:
2024-14 Accepting $17,000 Donation From Minnwest Bank
Page 37 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-14
A RESOLUTION ACCEPTING
A DONATION OF $17,000 FROM MINNWEST BANK
TO THE RAMBLING RIVER CENTER
WHEREAS, the City of Farmington is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens
and is specifically authorized to accept gifts, as allowed by law; and
WHEREAS, the following persons and entities have offered to contribute to the City:
Minnwest Bank has donated $17,000 to the Rambling River Center; and
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of $17,000 from Minnwest Bank to
the Rambling River Center.
Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 38 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Jim Constantineau, Deputy Police Chief
Department: Police
Subject: Update to Warning Siren System Project
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
City Council previously approved a project to upgrade the City's outdoor warning siren system. We
are requesting an amendment to that approval.
DISCUSSION:
On May 15, 2023, the City Council approved an agreement with Federal Signal Corporation and
Nelson Communications to upgrade the City's outdoor warning siren system. Acquiring the
necessary equipment from Federal Signal took longer than anticipated but, at this point, all of the
equipment has been delivered. Due to the delay, Nelson Communications has a scheduling conflict
that is preventing them from completing the outdoor equipment installation in a timely manner. They
have suggested that the City contract with Frontline Warning Systems to complete equipment
installation. Nelson Communications will still install the communications equipment at the Police
Department.
BUDGET IMPACT:
Nelson Communications quote for the installation of the outdoor equipment totaled $50,248 of the
$147,303 project. Frontline's quote is $44,000. That will reduce the cost of the project by $6,248.
ACTION REQUESTED:
Approve the quote from Frontline Warning Systems for the installation of the outdoor warning siren
equipment.
ATTACHMENTS:
Quote to install Federal Cabinets
Page 39 of 63
Project Estimate
Date
1/23/2024
Name / Address
City of Farmington, MN
Attn: Police Department
19500 Municipal Drive
Farmington, MN 55024
Frontline W arning System s
Frontline Plus Fire & Rescue
DBA/Frontline Warning Systems
8004 Aetna Avenue NE
Monticello, MN 55362
Terms
Net 30 Days
Due Date
2/29/2024
REP Contact
AG
FOB
QUOTE ONLY. 30 DAYS Above Date.
Phone #763-295-3650
Fax # 763-295-3650
frontlineplus@tds.net
www.frontlinewarningsystems.com
Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Cost Total
This estimate is to install the Federal Siren Control cabinets that were purchased
by the City.
Siren #1: Ash St & 5th St (inside school fence near track)
Labor Remove and replace Federal Siren cabinet. Manual lifting into place; no heavy
trucks allowed. Includes all fittings, replacement batteries. No siren head
inspection due to access. Provide and install Group 31 Batteries at minimum
75ah.
1 4,850.00 4,850.00
Service listed Ground Mat Fee 1 200.00 200.00T
Siren #2: Daisy Knoll Park at Water Tower (inside city owned fence)
Labor Remove and replace Federal Siren cabinet. Install at ground level to match
existing cabinet for ease of access. Inspect, grease, perform maintenance on siren
head. Document status. Provide and install Group 31 Batteries at minimum 75ah.
1 4,850.00 4,850.00
Labor Replace AC disconnect and relocate service on pole 1 200.00 200.00
Siren #3: Pilot Knob & 195th (CVS Pharmacy)
Labor Remove and replace Federal Siren cabinet. Install at ground level to match
existing cabinet for ease of access. Inspect, grease, perform maintenance on siren
head. Document status. Provide and install Group 31 Batteries at minimum 75ah.
1 4,850.00 4,850.00
Siren #4: Middle School
Labor Remove and replace Federal Siren cabinet. Install at ground level to match
existing cabinet for ease of access. Inspect, grease, perform maintenance on siren
head. Document status. Provide and install Group 31 Batteries at minimum 75ah.
1 4,850.00 4,850.00
Labor Replace AC disconnect and relocate service on pole 1 200.00 200.00
Page 1 Page 40 of 63
Project Estimate
Date
1/23/2024
Name / Address
City of Farmington, MN
Attn: Police Department
19500 Municipal Drive
Farmington, MN 55024
Frontline W arning System s
Frontline Plus Fire & Rescue
DBA/Frontline Warning Systems
8004 Aetna Avenue NE
Monticello, MN 55362
Terms
Net 30 Days
Due Date
2/29/2024
REP Contact
AG
FOB
QUOTE ONLY. 30 DAYS Above Date.
Phone #763-295-3650
Fax # 763-295-3650
frontlineplus@tds.net
www.frontlinewarningsystems.com
Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Cost Total
Siren #5: Cambodia Ave & 208th
Labor Remove and replace Federal Siren cabinet. Inspect, grease, perform maintenance
on siren head. Document status. Provide and install Group 31 Batteries at
minimum 75ah.
1 4,850.00 4,850.00
Service Portable manlift fee 1 500.00 500.00T
Siren #6: Pilot Knob & 208th (Industrial Park)
Labor Remove and replace Federal Siren cabinet. Remove solar panel array. Inspect,
grease, perform maintenance on siren head. Document status. Provide and
install Group 31 Batteries at minimum 75ah.
1 4,850.00 4,850.00
Service listed Ground Mat fee 1 200.00 200.00T
Siren #7: Jim Bell Park (190th)
Labor Remove and replace Federal Siren cabinet. Remove solar panel array. Inspect,
grease, perform maintenance on siren head. Document status. Provide and
install Group 31 Batteries at minimum 75ah.
1 4,850.00 4,850.00
Service listed Ground Mat fee 1 200.00 200.00T
Siren #8: Empire Water Tower (Hwy 3)
Labor Remove and replace Federal Siren cabinet. Remove solar panel array. Inspect,
grease, perform maintenance on siren head. Document status. Provide and
install Group 31 Batteries at minimum 75ah.
1 4,850.00 4,850.00
Service listed Ground Mat Fee 1 200.00 200.00T
Mobilization Mobilization of contractor heavy equipment; 60ft bucket truck 1 2,000.00 2,000.00T
Mobilization Mobilization of contractor heavy equipment; 3500 truck with trailer 1 1,500.00 1,500.00T
Page 2 Page 41 of 63
Project Estimate
Date
1/23/2024
Name / Address
City of Farmington, MN
Attn: Police Department
19500 Municipal Drive
Farmington, MN 55024
Frontline W arning System s
Frontline Plus Fire & Rescue
DBA/Frontline Warning Systems
8004 Aetna Avenue NE
Monticello, MN 55362
Terms
Net 30 Days
Due Date
2/29/2024
REP Contact
AG
FOB
QUOTE ONLY. 30 DAYS Above Date.
Phone #763-295-3650
Fax # 763-295-3650
frontlineplus@tds.net
www.frontlinewarningsystems.com
Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Cost Total
Service listed All old parts, batteries, cabinets, solar arrays will be hauled away for scrap and
recycling.
1 0.00 0.00T
Page 3
$44,000.00
$44,000.00
$0.00
Approved:
___________________________________
Joshua Hoyt, Mayor
Date: February 5, 2024
Page 42 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Professional Services Agreement with WSB for a 2024 Street Improvement
Project Constructability Review
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Constructability Reviews are commonplace within the infrastructure design industry. They are a
method of determining if the proposed design documents are practical from a construction
standpoint, they reduce ambiguities in the documents, and can highlight inconsistencies.
DISCUSSION:
City with consistency including reasons wide documents construction reviews Staff City for
engineering guidelines, design standards, design intent, project scope, and cost expectations. On
major projects, it is also helpful to have a Constructability Review prepared by a firm different than
the one involved in the design.
As the City now has a Consultant Pool, we have a range of experiences and a broad knowledge
base to access. With the advent of computer aided design (CAD) and other technology, we are
easily able to use multiple firms on a single project to best meet the City's needs. Having another
firm review the design documents leverages this knowledge base and adds accountability to the
design and construction process.
On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. WSB is one
of the firms in the Consultant Pool and has prepared the attached scope and budget based on
discussions with Staff. The scope includes the following:
Plan review for constructability and for conflicts with specifications.
Specification review to ensure intent is clear and in agreement with the plans.
Construction risk assessment.
Review of measurement and payment specifications.
Contract Duration verification.
Independent quantity takeoff for pay item verification.
Review of staging and traffic requirements.
Review of material specifications for cost savings and availability.
Review of bid documents to ensure they comply with other project requirements.
Analysis of potential utility conflicts and their potential impact.
BUDGET IMPACT:
Page 43 of 63
Work under this contract will be billed hourly for a cost not to exceed $8,190.
ACTION REQUESTED:
Approve the Professional Services Agreement with WSB for a 2024 Street Improvement Project
Constructability Review.
ATTACHMENTS:
020524 PSA WSB constructability signed
Page 44 of 63
224345v1
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made this 5th day of February,
2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose
business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and WSB LLC, a
Limited Liability Company, whose business address is 701 Xenia Avenue South, Suite 300,
Minneapolis, MN 55416 (hereinafter "Engineer").
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide
a variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on
Exhibit “A” attached hereto.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1.SCOPE OF SERVICES. The City retains Engineer to furnish the services set
forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall
provide all personnel, supervision, services, materials, tools, equipment and supplies and do all
things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under
this Agreement shall be done under the review of a professional engineer licensed in the State of
Minnesota, who shall attest that the Work will be performed in compliance with all applicable
codes and engineering standards. The Work shall be performed in accordance with the Contract
Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of
Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or
conflict between the Contract Documents listed above, the order of precedence shall be the
following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”.
2. REPRESENTATIVES. City has designated John Powell, Public Works
Director/City Engineer (the “City Representative”), and the Engineer has designated Mark
Erichson, Director of Municipal Program Delivery (the “Engineer Representative”). The City
Representative and the Engineer Representative shall be available as often as is reasonably
necessary for reviewing the Services and Work to be performed.
3.COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the
services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule,
Exhibit “B”, but not to exceed $8,190 inclusive of taxes and reimbursable costs.
A.Any changes in the scope of the Work which may result in an increase to the
compensation due the Engineer shall require prior written approval by the
Page 45 of 63
224345v1
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
B.Special Consultants may be utilized by the Engineer when required by the complex
or specialized nature of the Project and when authorized in writing by the City.
4.COMPLETION DATE/TERM. The Engineer must complete the Services by
March 18, 2024. This Agreement may be extended upon the written mutual consent of the parties
for such additional period as they deem appropriate, and upon the terms and conditions as herein
stated.
5.OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and
information generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Engineer may retain copies of such documents as records of
the services provided. The City may use the Information for its purposes and the Engineer also
may use the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any
use of the Information by the City or the Engineer beyond the scope of the Project is without
liability to the other, and the party using the Information agrees to defend and indemnify the other
from any claims or liability resulting therefrom.
6.COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the Services to be provided shall constitute a material breach of this Agreement and
entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents,
and accounting procedures and practices related to services provided to the City are subject to
examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six
years.
7.STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill,
and diligence in the performance of the Services as is ordinarily possessed and exercised by a
professional engineer under similar circumstances. Engineer shall be liable to the fullest extent
permitted under applicable law, without limitation, for any injuries, loss, or damages proximately
caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts
to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by
factors beyond its control or that could not be reasonably foreseen at the time of execution of this
Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable
delays in the performance of its duties. No other warranty, expressed or implied, is included in
this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of
Engineer’s services.
8.INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless
the City, its officers, agents, and employees, of and from any and all judgments, claims, damages,
demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting
from any breach of this Agreement by Engineer, its agents, contractors and employees, or any
Page 46 of 63
224345v1
negligent or intentional act or omission performed, taken or not performed or taken by Engineer,
its agents, contractors and employees, relative to this Agreement. City will indemnify and hold
Engineer harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City, its officers, agents, or employees.
9. INSURANCE.
a. General Liability. Prior to starting the Work, Engineer shall procure,
maintain, and pay for such insurance as will protect against claims or loss
which may arise out of operations by Engineer or by any subcontractor or
by anyone employed by any of them or by anyone for whose acts any of
them may be liable. Such insurance shall include, but not be limited to,
minimum coverages and limits of liability specified in this Paragraph, or
required by law.
b. Engineer shall procure and maintain the following minimum insurance
coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $2,000,000 property damage and bodily
injury per occurrence
$2,000,000 general aggregate
Comprehensive Automobile
Liability $1,000,000 combined single limit each
accident (shall include coverage for all
owned, hired and non-owed vehicles.)
Commercial General Liability requirements may be met through a combination of
umbrella or excess liability insurance.
The City shall be named as an additional insured on the general liability and
umbrella policies.
c. Professional Liability Insurance. In addition to the coverages listed above,
Engineer shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured.
Page 47 of 63
224345v1
d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Farmington” as an additional
insured.
f. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Engineer under this Agreement.
j. Engineer agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance
of the Work.
k. It shall be Engineer’s responsibility to pay any retention or deductible for the
coverages required herein.
l. The Engineer’s policies and Certificate of Insurance shall contain a provision that
coverage afforded under the policies shall not be cancelled without at least thirty
(30) days advanced written notice to the City.
m. Engineer shall maintain in effect all insurance coverages required under this
Paragraph at Engineer’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing and all insurance policies
shall be on ISO forms acceptable to the City.
n. A copy of the Engineer’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration
page, rider and/or endorsement, as applicable shall be provided. Such documents
evidencing insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Engineer has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, rider, endorsement, certificates, or other evidence
of insurance, or to advise Engineer of any deficiencies in such documents and
Page 48 of 63
224345v1
receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s
right to enforce the terms of Engineer’s obligations hereunder. City reserves the
right to examine any policy provided for under this Agreement.
o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the
specified insurance, then Engineer will defend, indemnify, and hold harmless the
City, the City's officials, agents, and employees from any loss, claim, liability, and
expense (including reasonable attorney's fees and expenses of litigation) to the
extent necessary to afford the same protection as would have been provided by the
specified insurance. Except to the extent prohibited by law, this indemnity applies
regardless of any strict liability or negligence attributable to the City (including sole
negligence) and regardless of the extent to which the underlying occurrence (i.e.,
the event giving rise to a claim which would have been covered by the specified
insurance) is attributable to the negligent or otherwise wrongful act or omission
(including breach of contract) of Engineer, its subcontractors, agents, employees or
delegates. Engineer agrees that this indemnity shall be construed and applied in
favor of indemnification. Engineer also agrees that if applicable law limits or
precludes any aspect of this indemnity, then the indemnity will be considered
limited only to the extent necessary to comply with that applicable law. The stated
indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity in section o, the City may require
Engineer to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's
insurance company.
Engineer will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an
independent contractor upon the terms and conditions set forth in this Agreement. The Engineer
is not an employee of the City and is free to contract with other entities as provided herein.
Engineer shall be responsible for selecting the means and methods of performing the work.
Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's
performance under this Agreement. City and Engineer agree that Engineer shall not at any time
or in any manner represent that Engineer or any of Engineer's agents or employees are in any
manner agents or employees of the City. Engineer shall be exclusively responsible under this
Agreement for Engineer's own FICA payments, workers compensation payments, unemployment
compensation payments, withholding amounts, and/or self-employment taxes if any such
payments, amounts, or taxes are required to be paid by law or regulation.
11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Engineer shall
comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed
Page 49 of 63
224345v1
services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from
City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor
on any undisputed amount not paid on time to subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10.
12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this
Agreement, nor any interest arising herein, without the written consent of the other party. Nothing
under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone
other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the
benefit of any other party.
13. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by
and construed in accordance with the laws of the State of Minnesota. All proceedings related to
this contract shall be venued in the Dakota County District Court.
16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of
any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications
supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom.
17. RECORDS. The Engineer shall maintain complete and accurate records of time
and expense involved in the performance of services.
18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this
Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it
were a government entity. In the event Engineer receives a request to release data, Engineer must
immediately notify City. City will give Engineer instructions concerning the release of the data to
the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting
from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
Page 50 of 63
224345v1
19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’
written notice delivered to Engineer at the address on file with the City. Upon termination under
this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered
and reimbursable expenses until the effective date of termination. If the City terminates the
Agreement because the Engineer has failed to perform in accordance with this Agreement, no
further payment shall be made to the Engineer, and the City may retain another engineer to
undertake or complete the work identified in Paragraph 1.
20. NON-DISCRIMINATION. During the performance of this Agreement, the
Engineer shall not discriminate against any employee or applicants for employment because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Engineer shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all
of its subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Engineer further agrees
to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et.
seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
21. SURVIVAL. All express representations, waivers, indemnifications, and
limitations of liability included in this Agreement will survive its completion or termination for
any reason.
22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the
Engineer not specifically provided for herein shall not be honored by the City.
23. SEVERABILITY. The provisions of this Agreement are severable. If any portion
hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
24. CONFLICTS. No officer or salaried employee of the City and no member of the
Council of the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
25. NOTICES. Any notice required under this Agreement will be in writing, addressed
to the appropriate party at its address on the signature page and given personally, by facsimile, by
registered or certified mail postage prepaid, or by a commercial courier service. All notices shall
be effective upon the date of receipt.
26. WAIVER. A party’s non-enforcement of any provision shall not constitute a
waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder
of this Agreement.
Page 51 of 63
224345v1
27.COUNTERPARTS. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original.
Dated: February 5, 2024 CITY: CITY OF FARMINGTON
By:
Joshua Hoyt
Mayor
By:
Shirley R Buecksler
City Clerk
Dated:__________________, 20___ ENGINEER:
By:
_____________________________ [print name]
Its
__________________________ [title]
WSB LLC
Mark Erichson
Director of Municipal Program Delivery
January 24 24
Page 52 of 63
224345v1
EXHIBIT “A”
SCOPE OF SERVICES
AND
EXHIBIT “B”
SCHEDULE OF PAYMENT AND FEE SCHEDULE
Page 53 of 63
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January 22, 2024
John Powell, PE
Public Works Director/City Engineer
City of Farmington
430 Third Street
Farmington, MN 55024
RE: 2024 Street Improvement Project Constructability Review
Dear Mr. Powell:
WSB is excited about the opportunity to present this scope of work and deliverables for a
Constructability Review for the City’s 2024 Street Improvement Project. The scope of work WSB
will provide are the necessary staff and services to meet the expected outcomes of this contract,
which include the following tasks and scope of services:
Plan review for constructability and for conflicts with specifications.
Specification review to ensure intent is clear and in agreement with the plans.
Construction risk assessment
Review of measurement and payment specifications
Contract Duration verification
Independent quantity takeoff for pay item verification.
Review of staging and traffic requirements
Review of material specifications for cost savings and availability
Review of bid documents to ensure they comply with other project requirements.
Analysis of potential utility conflicts and their potential impact
Deliverables and responsibilities provided for each of the above tasks are described in the
Constructability Approach below. The intent of the scope is to outline the major tasks required for
this project and highlight areas of importance that are needed to complete the requested services.
The scope does not list all responsibilities to be performed.
CONSTRUCTABILITY APPROACH
The WSB construction team consists of industry professionals with extensive experience in
construction document review for risk analysis, mitigation, and overall constructability. We will
quickly and effectively review your project’s plans and specifications to mitigate and address areas
of risk, identify areas for cost savings, and reduce claims during construction. We use extensive
checklists that include Overall Constructability, Quantities, Specifications, and Utilities so that
consistency is maintained, and a thorough review is completed. WSB will also do a visual inspection
of the site conditions to review against planned work. We take pride in long-term partnerships with
our clients in building safe and lasting infrastructure to meet your community’s goals and to
strengthen the success of your overall construction program.
Page 54 of 63
Mr. John Powell
January 22, 2024
Page 2
PROPOSED FEE
The estimated cost proposal we are providing is based on the proposed plan of the street
improvement project that includes extensive storm sewer work and minor watermain improvements
totaling approximately 3 million dollars in estimated construction cost. WSB will provide the services
as outlined in Constructability Approach. Our budget was developed based on our understanding
of the scope and experience with many similar reviewed projects. Our estimate includes 30 hours
for constructability review, and 12 hours for Contract Duration and Cost Estimate review. The
estimated cost of this project not to exceed is $8,190. All travel time is included in the estimated
fee.
The proposed scope and fee presented herein represents our complete understanding of the
project. If you have any questions or concerns, please feel free to contact Mark at 612.360.1278.
If accepted, please begin the contract process.
Once again, we appreciate the opportunity to submit this proposal and look forward to working with
you and your staff.
Sincerely,
WSB
Mark Erichson, PE, Paul Kyle, PE,
Director of Municipal Program Delivery Project Manager
Page 55 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Purchase of a New Elgin Pelican Sweeper from MacQueen Equipment
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Use of street sweeping equipment is essential for maintaining the capacity and effectiveness of
storm water systems and aids in rainfall runoff to be efficiently drained off the pavement and routed
to catch basins and outlets. Unit 0729 is a 2003 Elgin Sweeper; it has exceeded is expected useful
life and needs to be replaced. This is one of two sweepers owned and operated by the City.
DISCUSSION:
Street sweeping is a required activity for effective operation of city storm sewers, ponds, and
bituminous pavement systems. Preventing leaves and other debris from entering the storm sewer
saves the effort of excavating storm water ponds prematurely and reduces the likelihood of water
ponding on the roadways. Unfortunately, sharing sweeping equipment with adjoining communities
has practical constraints, as most Cities are sweeping roads at the same time in the spring and fall.
Staff have been in regular contact with MacQueen Equipment regarding pricing on this piece of
equipment. The Mechanics and other Public Works Staff have reviewed the proposed equipment
features to ensure what has been quoted will meet our needs.
The equipment could be available as early as July of 2024.
BUDGET IMPACT:
The total quote amount is $283,326.00. As noted on the quote, the pricing is based on the
Minnesota State Contract. Based on earlier quotes, $300,000 was identified in the approved Capital
Improvement Plan for purchase of this equipment in 2024 with the Stormwater Fund as the funding
source.
ACTION REQUESTED:
Approve the Purchase of a new Elgin Pelican Sweeper from MacQueen Equipment in St. Paul,
Minnesota, for the quoted amount.
ATTACHMENTS:
New 2024 Elgin Pelican MN State Contract Quote-Farmington- 1.16.24
Page 56 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Justin Elvestad, Fire Chief
Department: Fire
Subject: Fire Department 2023 Recap and 2024 Goals
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Staff will present 2023 accomplishments and 2024 goals.
DISCUSSION:
Staff will provide a highlight of the department's 2023 goals and 2024 goals.
BUDGET IMPACT:
Not applicable.
ACTION REQUESTED:
Informational only.
Page 59 of 63
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Leah Koch, City Attorney
Department: City Attorney
Subject: Liquor Store Employee Uniform Payment
Meeting: Regular Council - Feb 05 2024
INTRODUCTION:
Any elected official who contracts or submits an invoice to the City for payment of services is
required to abstain from the vote of said payment and execute an “Affidavit of City Official
Interested in Claim” form prior to receiving payment pursuant to Minnesota Statute Section 471.87.
A unanimous vote of the full Council is also required under this Statute with Councilmember
Bernatz abstaining.
DISCUSSION:
Council is asked to approve the payment in the amount of $623.60 for services rendered.
Attached are the invoice, the affidavit, and Resolution 2024-12.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Adopt Resolution 2024-12 To Contract with a City Official.
ATTACHMENTS:
2024-12 To Contract with a City Official
Bernatz Affidavit
Beyond Design Invoice 12-2023
Page 60 of 63
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-12
A RESOLUTION TO CONTRACT WITH A CITY OFFICIAL
WHEREAS, the City of Farmington desires to purchase the following services:
Farmington Liquor Stores Staff Uniforms
WHEREAS, Holly Bernatz is a Councilmember of the City and will be financially interested in
the contract;
WHEREAS, it is determined that the contract price of $623.60 is as low as, or lower than, the
price at which goods can be obtained elsewhere at this time; and
WHEREAS, the contract is not one that is required to be competitively bid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington,
Minnesota, as follows:
1. That the Finance Department is directed to make the above-mentioned purchase on behalf of the
City from Holly Bernatz for a price of $623.60.
2. It is also resolved that the Mayor and City Clerk are directed to issue an order-check to pay the
claim on the filing of an affidavit of official interest by the interested official as required under
Minnesota Statutes Section 471.89.
This resolution is passed to comply with the provisions of Minnesota Statutes Sections 471.87-89.
Adopted by unanimous vote of the City Council of the City of Farmington, Minnesota, this 5th day of
February 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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