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HomeMy WebLinkAbout01.02.24 Council Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 2, 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 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. Annual Attendance Report for Boards and Commissions Agenda Item: Annual Attendance Report for Boards and Commissions - Pdf 4 - 5 7.2. City Council By-Laws Agenda Item: City Council By-Laws - Pdf 6 - 13 7.3. Designation of the City's Official Newspaper for 2024 Agenda Item: Designation of the City's Official Newspaper for 2024 - Pdf 14 - 15 7.4. Authorization of Employee Credit Card Use Agenda Item: Authorization of Employee Credit Card Use - Pdf 16 - 17 7.5. Official Depositories of City Funds Agenda Item: Official Depositories of City Funds - Pdf 18 - 19 7.6. Payment of Claims Agenda Item: Payment of Claims - Pdf 20 - 21 Payment of claims Page 1 of 58 7.7. Joint Powers Agreement for Shared Regional Funding Coordinator Position Agenda Item: Joint Powers Agreement for Shared Regional Funding Coordinator Position - Pdf 22 - 28 7.8. Resolution Accepting Donation from Finch & Daisy Consulting to the Rambling River Center Agenda Item: Resolution Accepting Donation from Finch & Daisy Consulting to the Rambling River Center - Pdf 29 - 30 7.9. Resolution Accepting Donation from JIT Powder Coating Company to the Parks and Recreation Department Agenda Item: Resolution Accepting Donation from JIT Powder Coating Company to the Parks and Recreation Department - Pdf 31 - 32 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1. Application to Amend the Comprehensive Plan from High Density Residential to Commercial and Rezone Properties from R-4 (High Density Residential) to B-2 (Downtown Business) - 109 and 113 Elm Street Take the following actions: 1. Adopt Resolution 2024-04 Amending the 2040 Comprehensive Plan from High Density Residential to Commercial for the Properties Located at 109 and 113 Elm Street. 2. Pass Ordinance 2024-01 Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, Rezoning the Properties Located at 109 and 113 Elm Street from R-4 (High Density Residential) to B-2 (Downtown Business). Agenda Item: Application to Amend the Comprehensive Plan from High Density Residential to Commercial and Rezone Properties from R-4 (High Density Resi - Pdf 33 - 38 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Designation of Acting Mayor for 2024 Approve the appointment of Councilmember Katie Porter as Acting Mayor for 2024. Agenda Item: Designation of Acting Mayor for 2024 - Pdf 39 Page 2 of 58 12.2. Resolution Approving 2024 Council Committee Appointments Adopt Resolution 2024-05 Approving Appointments to Council Committees for 2024. Agenda Item: Resolution Approving 2024 Council Committee Appointments - Pdf 40 - 41 12.3. Professional Services Agreement with Kimley-Horn for the 2024 Street Improvements Final Design and Bidding Approve the Professional Services Agreement with Kimley-Horn for the 2024 Street Improvements Final Design and Bidding Agenda Item: Professional Services Agreement with Kimley-Horn for the 2024 Street Improvements Final Design and Bidding - Pdf 42 - 58 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Annual Attendance Report for Boards and Commissions Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Per City Council By-Laws, an attendance report shall be submitted to the City Council at the first meeting in January for City Council, Economic Development Authority, Parks and Recreation Advisory Commission, Planning Commission, Rambling River Center Advisory Board, and the Water Board. DISCUSSION: For Council review are the following attendance reports: City Council Mayor Hoyt - present at 39/39 meetings Councilmember Bernatz - present at 38/39 meetings Councilmember Lien - present at 39/39 meetings Councilmember Porter - present at 29/39 meetings Councilmember Wilson - present at 39/39 meetings Economic Development Authority Chair Wilson - present at 9/10 meetings Commissioner Bernatz - present at 9/10 meetings Commissioner Hoyt - present at 10/10 meetings Commissioner Lien - present at 10/10 meetings Commissioner Porter - present at 7/10 meetings Parks and Recreation Advisory Commission Chair Putt - present at 11/15 meetings Commissioner Caron - present at 14/15 meetings Commissioner Fishman - present at 5/15 meetings (term started August 2023) Commissioner McMillen - present at 15/15 meetings Commissioner Merricks - present at 11/15 meetings Planning Commission Chair Rotty - present at 12/12 meetings Page 4 of 58 Commissioner Lehto - present at 10/12 meetings Commissioner McAbee - present at 10/12 meetings Commissioner Tesky - present at 9/12 meetings Commissioner Windschitl - present at 11/12 meetings Rambling River Center Advisory Board Chair Page - present at 11/13 meetings Commissioner Edwards - present at 9/13 meetings (term started May 2023) Commissioner Garlets - present at 10/13 meetings Commissioner Hennen - present at 10/13 meetings Commissioner Janke - present at 11/13 meetings Commissioner Koski - present at 12/13 meetings Commissioner Reichert - present at 12/13 meetings Water Board Chair Weierke - present at 11/12 meetings Commissioner Cordes - present at 3/12 meetings Commissioner Snobeck - present at 12/12 meetings BUDGET IMPACT: Stipend amounts are included in the City's annual budget. ACTION REQUESTED: For City Council information. Page 5 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: City Council By-Laws Meeting: Regular Council - Jan 02 2024 INTRODUCTION: For Council approval are the City Council By-Laws. DISCUSSION: The City Council By-Laws are approved each year as part of the Special Organizational Meeting and are attached here for review. BUDGET IMPACT: Not applicable ACTION REQUESTED: Review and approve the City Council By-Laws for 2024. ATTACHMENTS: City Council By-Laws Page 6 of 58 CITY COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2, of the Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by state law, city ordinance, or elsewhere. SECTION I – MEETINGS SUBD. 1 – Regular meetings of the City Council shall be held on the first (1st) and third (3rd) Monday of each month at 7 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD. 2 – Special meetings of the City Council may be called by the Mayor or by any two members of the City Council in writing, filed with the Clerk. At least three days before the meeting, the Clerk shall notify each member of the time, place, and purpose of the meeting by electronic notice to be sent to him/her personally. At least three days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that, in the judgement of the City Council, require immediate attention; notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each City Councilmember and persons filing a request for written notice. The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD. 3 – At the first regular City Council meeting in January of each year, the City Council shall: (1) designate the depositories of city funds; (2) designate the official newspaper; (3) pursuant to this section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city or, in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year – Member serving third year of term who received the most votes when elected; Even Numbered Year – Member serving fourth year of term who received the second most votes when elected. SUBD. 4 – Commission appointments for boards and commissions shall be made at the second regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. Page 7 of 58 City Council By-Laws Page 2 of 7 SUBD. 5 – All City Council meetings, as defined by state law, including special and adjourned meetings, shall be open to the public. The City Attorney or City Administrator shall advise the City Council, in writing, as to his interpretations of the state “Open Meeting Law.” All new members shall be provided such written interpretation and briefed on such by the City Attorney or City Administrator. The Attorney or City Administrator shall bring any changes in his interpretation to the attention of the City Council, in writing, and have the subject placed on the agenda for discussion. SUBD. 6 – The City Council shall adopt such policies that will ensure an orderly, mutually respectful, and appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor, or any other such Councilmember in the absence of the Mayor. The City Council may adopt such rules as a separate City Council policy and may make such changes in policy as deemed appropriate. SECTION II – PRESIDING OFFICER; RULES OF ORDER SUBD. 1 – The Mayor shall preside at all meetings of the City Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the City Councilmembers present at the meeting choose one of their members to act temporarily as presiding officer. SUBD. 2 – The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provide by statute or by these rules, the proceedings of the City Council shall be conducted in accordance with the following rules of order: A. A motion must be seconded before being considered by the City Council, and the mover, as well as the seconder, must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated, cannot be withdrawn except by majority vote of the City Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member, while speaking, shall confine him/herself to the question at hand and avoid all personal, indecorous, or sarcastic language. E. Whenever any member of the City Council desires to speak on any question which affects him/her personally, s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any member of the public present, the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the City Council. The presiding officer shall be responsible for the public’s conduct and may rule anyone out of order. Page 8 of 58 City Council By-Laws Page 3 of 7 G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD. 3 – Any member may appeal to the City Council from a ruling of the presiding officer. If the appeal is seconded, the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal s hall be sustained if it is approved by a majority of the members present. SECTION III – AGENDAS SUBD. 1 – The agenda shall be prepared by the Clerk and shall be closed at Noon on the Wednesday preceding the meeting for publication purposes. Items added after this time must be listed as supplemental and presented to City Council under the “Approve Agenda” section of the meeting. SUBD. 2 – The agenda packet shall be distributed electronically to the City Council by 6 p.m. on the Thursday preceding the City Council meeting. SUBD. 3 – Any Councilmember can place an item on the agenda by so instructing the Clerk. SUBD. 4 – No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 5 – The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed, but no action may be taken if any member objects. SUBD. 6 – A Consent Agenda may be included as part of the agenda, to be approved by a unanimous vote of the City Council. Items may be removed from the Consent Agenda by request of the Mayor or Councilmembers. SECTION IV – ORDER OF BUSINESS SUBD. 1 – Each meeting of the City Council shall convene at the time and place appointed therefore. City Council business shall be conducted in the following order: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approve Agenda 5. Announcements 6. Citizen Comments 7. Consent Agenda 8. Public Hearings 9. Award of Contracts 10. Petitions, Requests and Communications 11. Unfinished Business Page 9 of 58 City Council By-Laws Page 4 of 7 12. New Business 13. City Council Roundtable 14. Adjourn SUBD. 2 – The order of business may be varied by the presiding officer, with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the City Council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda or may be varied to facilitate the efficient conduct of City Council business. SUBD. 3 – Each person shall be allowed a maximum of five minutes to address the City Council under Citizen Comments. SECTION V – MINUTES SUBD. 1 – Minutes of each City Council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both, the presiding officer shall appoint a Secretary Pro-Tem. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUBD. 2 – The minute of each meeting shall be reduced to typewritten form, shall be signed by the taker, and included in the agenda packet for approval at the next City Council meeting. The minutes are placed under the Consent Agenda. The minutes need not be read aloud, but a member shall request the minutes be pulled from the Consent Agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. SUBD. 3 – Executive sessions recorded pursuant to state law shall follow state guidelines. SUBD. 4 – The minutes shall substantially follow the following format: MINUTES CITY COUNCIL MEETING (REGULAR OR SPECIAL) MEETING DATE 1. Presiding officer, time, and place of meeting 2. Members Present and Absent, time any member arrives late, or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated, whether or not it was adopted, and a record of the vote. (Complete copies of resolutions and ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. Page 10 of 58 City Council By-Laws Page 5 of 7 SECTION VI – QUORUM AND VOTING SUBD. 1 – At all City Council meetings, a majority of all Councilmembers elected shall constitute a quorum for the transaction of business. SUBD. 2 – The votes of members on any question pending before the City Council shall be by roll call, except for the following agenda items: approval of the agenda, approval of the minutes, approval of the Consent Agenda, and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member, being present, does not vote, the minutes shall be stated: “Abstain: Name.” SUBD. 3 – Except as otherwise provided by statute, a majority vote of a quorum shall prevail. SECTION VII – ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND COMMUNICATIONS SUBD. 1 – If requested by any member of the City Council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the City Council shall be in writing and shall be read in full upon presentation of the same to the City Council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD. 2 – Every ordinance and resolution passed by the City Council shall be signed by the Mayor, attested by the Clerk, and filed by him/her in the ordinance or resolution electronic file. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 – Every ordinance and resolution repealing a previous ordinance or resolution, or a section or subdivision thereof, shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution, or section or subdivision thereof, shall be amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII – ADMINISTRATOR REVIEW SUBD. 1 – The City Council shall conduct an annual review of the City Administrator. The procedure shall be substantially as follows: A. The Administrator shall distribute a City Council approved evaluation form on or before the anniversary of the Administrator’s appointment. B. Councilmembers shall complete the prescribed form and schedule a special meeting to evaluate the Administrator, based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the date the evaluation document is received by City Council. D. The City Attorney shall tabulate the results of the evaluation without any reference to individual Councilmembers. Page 11 of 58 City Council By-Laws Page 6 of 7 E. The City Council shall consider the tabulated results during a meeting following the special meeting to evaluate the Administrator and may take action accordingly. SECTION IX – BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD. 1 – There shall be submitted to the City Council at the first meeting of January of each year, an attendance report of various boards and commission to the City Council. SUBD. 2 – Attendance reports shall be submitted to the City Council on the following citizen involvement in boards and commissions: Water Board, Planning Commission, Parks and Recreation Commission, Rambling River Center Advisory Board, and Economic Development Authority. SUBD. 3 – Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD. 4 – It shall be the goal of the City Council to meet at least one time per year with each board and commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the City Council, board, or commission. SECTION X – AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD. 1 – Definitions: For the purpose of this section, the following terms shall have these meanings given to them. Authorized Person: The Mayor or any Councilmember. Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined by the City Council. Authorized expenditures shall include, but not be limited to, the following: travel (except auto mileage within 25 miles), meals, registration, tuition, course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include, but not be limited to, the following: City Council meetings outside of the city limits, League of Minnesota Cities functions, training sessions, education courses, official City business, legislative meetings, seminars, meetings where City representation is requested. SUBD. 2 – An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function, provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the City Council. B. The City Council must be authorized to make the expenditure. C. The money must have been actually been spent on behalf of the City, except as provided under Subdivision 3.C.2. Page 12 of 58 City Council By-Laws Page 7 of 7 D. The City Council has approved the request to attend an official function except as provided under Subdivision 3.C.1. SUBD. 3 – Procedure: A. A request to attend an official function, or to request reimbursement for attending an official function, shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The City Council shall either approve the request, provided that the conditions set forth under Subdivision 2.A.B.C. are met or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for City Council action as follows: 1. Reimbursements for expenses may be submitted for City Council consideration. 2. The City Council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures, and reimburse the City for any unused portion. SUBD. 4 – The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget, provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI – SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 – These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD. 2 – These by-laws shall not be repealed or amended except by a majority vote of the whole City Council after notice has been given at some preceding City Council meeting. SECTION XII – EFFECTIVE DATE SUBD. 1 – These by-laws have been adopted by the City Council on the 6th day of September 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/06/1983 Effective: 10/03/1983 Reviewed: 1/03/2012, 1/07/2013, 1/06/2014, 1/05/2015, 1/04/2016, 1/03/2017, 1/02/2018, 1/07/2019, 1/06/2020, 1/04/2021, 1/03/2022, 1/03/2023 Amended: 8/03/1987, 1/21/1992, 4/20/1992, 8/17/1992, 2/01/1993, 7/18/1994, 9/06/1994, 1/17/1995, 1/16/1996, 3/03/1997, 11/03/1997, 1/05/1998, 2/01/1999, 1/18/2005, 2/02/2009, 1/03/2012, 1/05/2015, 7/05/2016, 1/02/2018, 1/07/2019 Page 13 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Designation of the City's Official Newspaper for 2024 Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Each year, City Council is asked to designate the City's official newspaper for legal notices and publications. DISCUSSION: Staff contacted representatives from the Dakota County Tribune and Star Tribune. Both newspapers were asked to submit a quote for a long and a short notice. The Dakota County Tribune was the only newspaper to submit a quote. Costs remain the same from 2023 to 2024. The Dakota County Tribune serves residents in Apple Valley, Burnsville, Eagan, Farmington, Lakeville, and Rosemount. Staff is satisfied with the pricing and service provided by the Dakota County Tribune and recommends retaining them as the City's official newspaper for 2024. BUDGET IMPACT: Included in the 2024 budget. ACTION REQUESTED: Staff recommends designating the Dakota County Tribune as the official legal newspaper for the City of Farmington for legal notices and publications for 2024. ATTACHMENTS: City of Farmington 2024 Bid Page 14 of 58 Page 15 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Authorization of Employee Credit Card Use Meeting: Regular Council - Jan 02 2024 INTRODUCTION: As provided by Minnesota Statutes Section 471.382, a City Council may authorize the use of a credit card by any City employee otherwise authorized to make a purchase on behalf of the City. DISCUSSION: The City's current credit card policy allows for employees to be issued a credit card for making purchases when it will create efficiencies in the normal purchasing process. Credit cards bear the name of the City of Farmington and the individual cardholder. Employees named on the card are responsible to ensure proper use and accounting for the credit card. Any improper or unauthorized use become the personal responsibility of the card holder. The credit card policy allows for the Finance Director to determine which personnel will be assigned credit cards. City credit cards have previously been issued to employees in the following positions: Administration City Administrator City Clerk Communications Specialist Community Development Community & Economic Development Director Building Official Finance Finance Director Fire Fire Chief Deputy Fire Chief Assistant Fire Chief District Chief Page 16 of 58 Human Resources Human Resources Director/Assistant City Administrator Information Technology IT Director Liquor Operations Liquor Operations Manager Parks & Recreation Parks & Recreation Director Parks & Facilities Supervisor Parks & Recreation Supervisor Recreation Supervisor Skate School Supervisor Police Police Chief Public Works/Engineering Public Works Director/City Engineer Streets & Utilities Supervisor In accordance with City policy, credit limits for each cardholder are established on an individual basis by the Finance Director BUDGET IMPACT: Not applicable ACTION REQUESTED: Authorize employees holding the listed positions to be issued City credit cards and make purchases on behalf of the of City in accordance with City policy. Page 17 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Official Depositories of City Funds Meeting: Regular Council - Jan 02 2024 INTRODUCTION: As provided by Minnesota Statutes Section 118A.02, the governing body of a governing entity shall designate one or more financial institutions as a depository of its funds. DISCUSSION: The City currently has funds held in accounts at Old National Bank and Castle Rock Bank. Staff recommends that City Council continue to designate these financial institutions as the City's official depositories. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution 2024-03 Designating Official Depositories for the City of Farmington, Minnesota. ATTACHMENTS: 2024-03 Designating Official Depositories for the City Page 18 of 58 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-03 A RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FARMINGTON, MINNESOTA WHEREAS, Minnesota Chapter 118A, specifically 118A.01-118A.08, sets forth the procedures for the deposit of public funds and it is necessary for the Farmington City Council (“Council”) to designate financial institutions as official depositories of City funds. NOW, THEREFORE, BE IT RESOLVED, that the Farmington City Council designates the following named financial institutions as official depositories of City funds: Old National Bank Castle Rock Bank BE IT FURTHER RESOLVED, that before any deposits are made that exceed the amount that is guaranteed by the Federal Deposit Insurance Corporation (FDIC), or if the depository is not an FDIC member, the depository must supply to the City a corporate surety bond in the amount required by law or, in lieu of the surety bond, pledge collateral in the manner and to the extent required and permitted by Minnesota State Chapter 118A. BE IT FURTHER RESOLVED, that checks of the City drawn on any of the official depositories shall be signed by the following officers: Joshua Hoyt, Mayor Lynn Gorski, City Administrator Kim Sommerland, Finance Director Adopted by the City Council of the City of Farmington, Minnesota, this 2nd day of January 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 19 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Attached is the list of check and electronic payments for the period of 12/12/2023-12/29/2023 for approval. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: City Claims Report 1 02 2024 Page 20 of 58 CLAIMS FOR APPROVAL 12/12/2023 ‐ 12/29/2023: CHECK PAYMENTS 449,405.05$           ELECTRONIC PAYMENTS 244,943.92$           TOTAL 694,348.97$           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 January 2, 2024 Page 21 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Joint Powers Agreement for Shared Regional Funding Coordinator Position Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Staff is recommending Council approve a joint powers agreement with Southeast Service Cooperative for a shared Regional Funding Coordinator position. DISCUSSION: The 2024 budget includes funding for a .5 FTE position to seek out grant opportunities to capitalize on current initiatives. This position will direct the activities of researching grant opportunities and grant grant conduct systems, reporting financial will also position This writing. develop administration and ensure compliance with grant requirements. The City has worked with Southeast Service Cooperative on the creation of a shared position. Southeast Service Cooperative is a public, non-profit agency that serves school districts, cities, counties and other organizations by providing cooperative services such as volume purchasing and health insurance pool management. By partnering with Southeast Service Cooperative, this position will be able to seek out grant opportunities for both organizations that will not be in conflict with one another. The position will be an employee of the Southeast Service Cooperative. The City of Farmington will provide funding equal to half of the associated personnel costs. BUDGET IMPACT: Costs are included in the 2024 budget. ACTION REQUESTED: Approve the joint powers agreement with Southeast Service Cooperative for a shared Regional Funding Coordinator position. ATTACHMENTS: Regional Funding Coordinator JPA Page 22 of 58 I I -F —I 'I I I I I I K I I I I 1IIII -IFI 'II 'I 'II ‘I -.a--I _-j_. _ —_j _. —II'III I'-I--III-I Cooperative shall provide a quali?ed Regional Funding Coordinator (“Employee”) to perform grant administration services required by City as follows: i)Identify,apply and coordinate funding opportunities to build on and capitalize on current initiatives; Serve as a technical expert for staff,partners,and members looking to obtain outside funding source through grants,sponsorships,legislation, collaborative partnerships,new services,stateand federal funding,etc.; WHEREAS,the City is in need of part-time grant coordinator and is without the staff necessary to provide these services;and WHEREAS,Cooperative employs a Regional Funding Coordinator who is capable of providing the services required by City;and WHEREAS,Minnesota Statute Section 471.59 authorizesgovernmental units of the State to enter into Joint Powers Agreements for the joint exercise of powers common to each. NOW,THEREFORE,it is mutually stipulated and agreed as follows: JOINT POWERS AGREEMENT FOR THE CITY OF FARMINGTON PART-TINIE UTILIZATION OF SOUTHEAST SERVICE COOPERATIVE EMPLOYEE THIS AGREEMENT,entered into by and between the CITY OF FARIVIINGTON (“CITY”),a Minnesota municipal corporation,and the SOUTHEAST SERVICE COOPERATIVE (“COOPERATIVE”),an independent school district,is effective upon the execution of this Agreement by the named officers of both parties. 1.SERVICES. 229l65v2 RECITALS Page 23 of 58 D.City will coordinate schedulingof work to be performed by the assignedEmployee and shall seek approval of all scheduled hours to be performed under this Agreement from the Cooperative’s designee. E.City shall be responsible for assigningand directing work to be performed by the Employee for City. 2.PAYMENT.City upon presentation of a monthly,detailed billing of services provided and time spent pursuant to this Agreement,will compensate Cooperative for half of the costs associatedwith Employee's employment. iii)Direct the activitiesof grant writing,grant reporting,and researching grant opportunities in collaborationwith stakeholders at all levels as they relate to grant programs; iv)Develop ?nancial reporting systems,conduct grant administrationtraining sessions and ensure compliance. B.Cooperative shall be solely responsible for compensating the assigned Employe e engaged in providing grant writing services under this Agreement,including any overtime wages incurred,as well as any insurance or employee bene?ts provided under the policies or agreements of Cooperative.In addition,Cooperative shall be solely responsible for worker’s compensation , reemployment insurance bene?ts,and other employee related laws,including OSHA,ERISA, FLSA,and FMLA.Cooperative shall retain the authority to control the Employee,including the right to hire,?re,and discipline the Employee. C.Cooperative will provide the necessary of?ce,equipment,and supplies for the assigned Employee to provide the services required hereunder and will bear all costs attendant 229165v2 thereto Page 24 of 58 3.INDEMNIFICATION.Cooperative agrees to assume sole liability of any negligent or intentional acts of the assigned Employee while performing the assigned duties within thejurisdiction of either party.Each party agrees to indemnify,defend,and hold harmlessthe other party and its council members,employees,and agents from any claims,causes of action,damages, loss,cost or expenses including reasonable attorney fees resulting from or relatedto the actions of each party,its officers,agents or employees in the execution of the duties outlined in this Agreement,except as quali?ed by the previous sentence.It is understood and agreed the provisions of the Municipal Tort Claims Act,Minn.Stat.Ch.466,and other applicable laws govern liability arising from the parties’acts or omissions. 4.TERM.The term of this Agreement shall be one (1)year commencing from ,2024 and shall annually renew thereafter,unless earlier terminated by either party as provided under this Agreement.The parties will establishthe Employee’s hourly rate prior to the beginning of each annual renewal. 5.TERMINATION,SEPARABILITY. A.This Agreement may be terminated by either party upon ninety (90)days’written notice provided to the respective City Administrator of Fannington or Cooperative’s designee or by less than ninety (90)days’notice upon mutual agreement of the parties. B.Upon termination,any and all records or property in the possession of each party will be returned to the originating party. C.This Agreement is governed by the laws of the State of Minnesota. D.In the event that any provision of this Agreement is held invalid,the other provisions will remain in effect. 229165v2 Page 25 of 58 I I I -T—-j-2-j---jjl -— uulu -u II-I-—Ju 2|:2-—j— 6.REVISIONS T0 AGREEMENT.Both parties acknowledgethat modi?cations to this Agreement may be necessary to ensure an effective,on-going workingrelationship.To that end,City and Cooperative shall use their best efforts to ensure the viability of this Agreement into the future.However,any alterations,variations,modi?cation,or waivers of provisions to this Agreement will only be valid when they have been reduced to writing and duly signed,and attachedhereto. 7.NOTICES.All notices or communicationsrequired or permitted pursuant to this Agreement shall be either hand delivered,e-mailed,or mailed to the following addresses: Farmington:Lynn Gorski City Administrator 430 Third St. Farmington,MN 55024 Cooperative: 8.DATA PRACTICES.The parties will comply with all applicable data practices laws,including but not limitedto the MinnesotaGovernment Data PracticesAct (MGDPA),Minn. Stat.Ch.13 and the Minnesota Rules implementingthe MGDPA,as amended,as well as any applicable state or federal laws on data privacy and security. 229165v2 Page 26 of 58 -----Dated: 12/20/2023 229165v2 IN WITNESS WHEREOF, City and Cooperative have caused this Agreement to be duly executed effective on the day and year last entered below. Dated: CITY OF FARMINGTON By: ____________ _ Joshua Hoyt Its Mayor By: ____________ _ Shirley R Buecksler Its City Clerk SOUTHEAST SERVICE COOPERATIVE St:w4.. Salk.. By: ____________ _ Its Steve Sallee Executive Director By:_f �f1_. r��/2��--.. ,-Q..��<A�' "' ..... ; ____ _ '--Its Bree Maki SSC Board Chair Page 27 of 58 Page 28 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from Finch & Daisy Consulting to the Rambling River Center Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Finch & Daisy Consulting recently gave a donation to the Rambling River Center. DISCUSSION: Finch & Daisy Consulting recently made a very generous donation of $5,000 to the Rambling River Center. The donated money will be placed in the Rambling River Center’s Capital Improvement Fund, so it may either be used for future building improvements at the Rambling River Center or to purchase new equipment and/or furniture. Staff will express the City’s appreciation on behalf of the City Council to Finch & Daisy Consulting for this generous donation. ACTION REQUESTED: Adopt Resolution 2024-01 Accepting a Donation of $5,000 from Finch & Daisy Consulting to the Rambling River Center. ATTACHMENTS: 2024-01 Accepting $5,000 Donation From Finch & Daisy Consulting Page 29 of 58 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-01 A RESOLUTION ACCEPTING A DONATION OF $5,000 FROM FINCH & DAISY CONSULTING 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: Finch & Daisy Consulting has donated $5,000 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 $5,000 from Finch & Daisy Consulting to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 2nd day of January 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 30 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from JIT Powder Coating Company to the Parks and Recreation Department Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Blasting, priming, and top coating of handrails was donated by JIT Powder Coating Company. DISCUSSION: JIT Powder Coating Company blasted, primed, and top coated three handrails. The coating on two handrails outside of the Rambling River Center and one handrail outside of Sweet Kneads Bakery was chipping away. The value of blasting, priming, and top coating the three handrails is $1,000. Staff will communicate the city’s appreciation on behalf of the city council to JIT Powder Coating Company for this generous donation. ACTION REQUESTED: Adopt Resolution 2024-02 Accepting a Donation of Blasting, Priming, and Top Coating of Handrails to the Parks and Recreation Department, valued at $1,000 from JIT Powder Coating Company. ATTACHMENTS: 2024-02 Accepting Donation From JIT Powder Coating Company Page 31 of 58 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-02 A RESOLUTION ACCEPTING A DONATION OF BLASTING, PRIMING, AND TOP COATING OF HANDRAILS TO THE PARKS AND RECREATION DEPARTMENT 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: JIT POWDER COATING COMPANY has donated blasting, priming, and top coating of handrails valued at $1,000 to the Parks and Recreation Department; 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 blasting, priming, and top coating of handrails valued at $1,000 from JIT Powder Coating Company to the Parks and Recreation Department. Adopted by the City Council of the City of Farmington, Minnesota, this 2nd day of January 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 32 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Application to Amend the Comprehensive Plan from High Density Residential to Commercial and Rezone Properties from R-4 (High Density Residential) to B-2 (Downtown Business) - 109 and 113 Elm Street Meeting: Regular Council - Jan 02 2024 INTRODUCTION: The City is seeking a land use amendment to the 2040 Comprehensive Plan and rezoning for the properties located at 109 and 113 Elm Street. These parcels, along with others, were identified in the 2016 approved Downtown Redevelopment Plan as potential areas for redevelopment and land use changes. Upon approval of the 2040 Comprehensive Plan the land use designation for these parcels were changed from Commercial to High Density Residential and rezoned from B-2 (Downtown Business) to R-4 (High Density Residential). DISCUSSION: The subject properties are addressed as 109 and 113 Elm Street and are located within the City Center development on the edge of downtown. The Comprehensive Plan Amendment would be to change the land use designation for the two parcels from High Density Residential to Commercial. Additionally, the City is requesting the rezoning of the two parcels from R-4 (High Density Residential) to B-2 (Downtown Business). After careful review and discussion with the property owner's representation, Staff feels it is appropriate to make the change to the comprehensive plan, along with rezoning the parcels as outlined above, in large part because of the condition of the buildings (newer) and the fact that neither building could readily be retrofitted for high density residential. Conversion of these properties to high density would require redevelopment. By making these changes and reverting back to what was previously in place for zoning and comprehensive plan guidance, it will allow the owner of 109 Elm Street, specifically, to more easily fill the vacant space within the building. Planning Commission Review The Planning Commission reviewed the proposed comprehensive plan amendment and rezoning at its December 12, 2023 regular meeting and held the required public hearing. The Planning Commission recommended approval of both the comprehensive plan amendment and rezoning with a vote of 4-0. Page 33 of 58 BUDGET IMPACT: Not applicable ACTION REQUESTED: Take the following actions: 1. Adopt Resolution 2024-04 Amending the 2040 Comprehensive Plan from High Density Residential to Commercial for the Properties Located at 109 and 113 Elm Street. 2. Pass Ordinance 2024-01 Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, Rezoning the Properties Located at 109 and 113 Elm Street from R-4 (High Density Residential) to B-2 (Downtown Business). ATTACHMENTS: Comp Plan Resolution Form Rezone Ordinance Form Page 34 of 58 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-04 A RESOLUTION AMENDING THE 2040 COMPREHENSIVE PLAN FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL FOR THE PROPERTIES LOCATED AT 109 AND 113 ELM STREET WHEREAS, the City of Farmington is seeking a Comprehensive Land Use Amendment for the properties located at 109 and 113 Elm Street. The said request proposes that the land use designations for the properties be changed from High Density Residential to Commercial; and WHEREAS, the Planning Commission held a public hearing on December 12, 2023 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the properties located at 109 and 113 Elm Street changing the land use designation for said properties from High Density Residential to Commercial. NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council, after taking into account the recommendation of the Planning Commission, hereby amends the 2040 Comprehensive Plan for the properties located at 109 and 113 Elm Street from High Density Residential to Commercial, subject to approval by the Metropolitan Council. Adopted by the City Council of the City of Farmington, Minnesota, this 2nd day of January 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 35 of 58 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2024-01 AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, REZONING THE PROPERTIES LOCATED AT 109 AND 113 ELM STREET FROM R-4 (HIGH DENSITY RESIDENTIAL) TO B-2 (DOWNTOWN BUSINESS) The City Council of the City of Farmington ordains: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the properties legally described on the attached Exhibit A, depicted in Exhibit B and addressed as 109 and 113 Elm Street from R-4 (High Density Residential) to B-2 (Downtown Business). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5-1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 2nd day of January 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 36 of 58 EXHIBIT A – LEGAL DESCRIPTION 109 Elm Street Lot 2, Block 1 FARMINGTON CITY CENTER 2ND ADDITION 113 Elm Street Lot 1, Block 1 FARMINGTON CITY CENTER 2ND ADDITION Page 37 of 58 EXHIBIT B – PROPERTY DEPICTION Page 38 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Designation of Acting Mayor for 2024 Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Appointment of Councilmember Katie Porter as Acting Mayor for 2024. DISCUSSION: According to the Council's By-Laws, at the first regular City Council meeting in January of each year, the City Council shall choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City or, in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year - Member serving third year of term who received the most votes when elected. Even Numbered Year - Member serving fourth year of term who received the second most votes when elected. According to the 2020 General Election results, Councilmember Katie Porter received the second most votes when elected, and she is currently in the fourth year of her term. BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the appointment of Councilmember Katie Porter as Acting Mayor for 2024. Page 39 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Resolution Approving 2024 Council Committee Appointments Meeting: Regular Council - Jan 02 2024 INTRODUCTION: Approval of the 2024 Council Committee appointments. DISCUSSION: Council 2024 the to appointments discussed Session, Work 2nd January their At Council Committees. Following discussion and with Council direction, Staff will bring forward a resolution for approval at the Regular City Council meeting tonight. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution 2024-05 Approving Appointments to Council Committees for 2024. ATTACHMENTS: 2024-05 Approving Appointments to Council Committees for 2024 Page 40 of 58 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-05 A RESOLUTION APPROVING APPOINTMENTS TO COUNCIL COMMITTEES FOR 2024 WHEREAS, the City Council of the City of Farmington held a Special Council Organizational Meeting on Tuesday, January 2, 2024; and WHEREAS, appointments were made to the following public agencies: PUBLIC AGENCY MEMBERS APPOINTED Airlake Airport Advisory Commission ALF Ambulance (Apple Valley/Lakeville/ Farmington) Dakota 911 Board of Directors EFPAC (Empire/Farmington Planning Advisory Committee Eureka/Farmington Planning Advisory Committee Farmington/Castle Rock Discussion Group Fire Relief Board Liquor Operations Committee MUSA Review Committee (Municipal Urban Service Area) NOW, THEREFORE, BE IT RESOLVED that the Farmington City Council approves the appointments to public agencies as outlined herein. Adopted by the City Council of the City of Farmington, Minnesota, this 2nd day of January 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 41 of 58 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Kimley-Horn for the 2024 Street Improvements Final Design and Bidding Meeting: Regular Council - Jan 02 2024 INTRODUCTION: At the September 18, 2023 City Council meeting, a Professional Services Agreement (PSA) was approved with Kimley-Horn for preparation of a 30% design along with a feasibility report for the 2024 Street Improvements. The project area includes the following: 2024 Street Improvements  6th Street from CSAH 74 (Ash Street) to 200 feet south of Walnut Street.  Maple Street from 4th Street to 6th Street.  Maple Street east of 6th Street. The requested action will allow the consultant to continue with the design process. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Kimley-Horn is one of the firms in the consultant pool and has experience with similar projects. Based on the approved project area, City Staff has worked cooperatively with Kimley-Horn staff to develop the attached scope of work and budget. The scope includes the following: TASK 1 – General Project Management and Agency Coordination 1.1 General Project Management 1.2 Project Management Team Meetings 1.3 Private Utility Coordination TASK 2 – Public Engagement 2.1 Neighborhood Meeting Exhibits TASK 3 – 90% and Final Plans and Cost Estimates 3.1 90% and Final Roadway and Utility Plans 3.2 90% and Final Engineer's Estimate 3.3 Permitting 3.4 Special Provisions and Project Manual 3.5 Bidding Page 42 of 58 The general schedule for the project is as follows: March 18, 2024 City Council Approves Plans & Authorizes Advertisement for Bids April 15, 2024 City Council Awards Construction Contract May 2, 2024 Pre-construction Meeting May 16, 2024 Neighborhood Meeting June 3, 2024 Begin Construction August 30, 2024 Substantial Completion October 1, 2024 Final Completion September, 2026 Two-year Warranty Inspection This final design contract is for the 2024 Street Improvements project only. The 2024 Mill & Overlay project is on a separate schedule and final design will likely be completed by City Staff. An overview of the preliminary design findings will be presented at the City Council meeting. BUDGET IMPACT: The approved Capital Improvement Program (CIP) includes $3,000,000 per year for street and utility improvements and an additional $1,000,000 per year for mill & overlay projects. The limits of the proposed work areas were identified based on these amounts which will include engineering and other costs. Based on the proposed work scope, the estimated not to exceed amount for the Final Design and Bidding work is $115,883. Based on updated cost information, the 2024 Street Improvements total project cost will be below the $3,000,000 maximum identified in the CIP. ACTION REQUESTED: Approve the Professional Services Agreement with Kimley-Horn for the 2024 Street Improvements Final Design and Bidding ATTACHMENTS: 010224 PSA KH 2024 Street Improvements signed by KH Page 43 of 58 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 2nd day of January, 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 Kimley-Horn and Associates, Inc., a Minnesota Corporation, whose business address is 767 Eustis Street, Suite 100, St. Paul, MN 55114 (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 Dan Coyle, Vice President (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 $115,883 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 44 of 58 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 April 30, 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 but only to the extent caused by negligent or intentional act or omission of the Engineer, its agents, contractors Page 45 of 58 224345v1 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. 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. Page 46 of 58 224345v1 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, and Professional Liability 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 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s Page 47 of 58 224345v1 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 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from Page 48 of 58 224345v1 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 49 of 58 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. The Engineer shall have the right to terminate this Agreement upon Thirty (30) days’ notice to the City upon breach by the City of any of its obligations under this Agreement. In the event of such termination, the Engineer shall be paid for all services performed up to the effective date of the termination. 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 50 of 58 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: January 2, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Vice President 23 Daniel J. Coyle December 22 Page 51 of 58 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 52 of 58 Page 1 kimley-horn.com 14800 Galaxie Ave, Suite 200, Apple Valley, MN 55124 952 905 2887 December 18, 2023 John Powell, P.E. Public Works Director / City Engineer City of Farmington 430 Third Street Farmington, MN 55024 RE:Proposal for Final Design and Bidding Services 2024 Street Improvements Project Dear Mr. Powell, Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Farmington (“Client”) for final design and bidding services for the City of Farmington 2024 Street Improvements Project. Project Understanding Kimley-Horn prepared a feasibility report for the 2024 Street Improvements Project. This project includes improvements in the following areas: - 900 LF of Maple St from 4th Street to 6th Street - 200 LF of Maple St from 6th Street to Dead End - 1950 LF of 6th Street from 220th Street to 175 LF north of Locust Street The total project budget established for this project is $3M.We assume a rough order of magnitude total project cost of $2.5M for street reconstruction. The City of Farmington is seeking professional services to prepare final design and bidding services for the 2024 Street Improvements Project. Scope of Work – Final Design and Bidding Services Kimley-Horn will provide the following final design services for the City of Farmington 2024 Street Improvement Project: TASK 1 – GENERAL PROJECT MANAGEMENT AND AGENCY COORDINATION 1.1. General Project Management – A detailed project schedule will be developed and maintained to provide clear upcoming tasks and deliverables. This scheduling will include updates with completed tasks and upcoming project items to be completed. Regular communication via phone/email will be facilitated throughout the project delivery with City staff. Billing will be completed monthly. Page 53 of 58 Page 2 kimley-horn.com 14800 Galaxie Ave, Suite 200, Apple Valley, MN 55124 952 905 2887 1.2. Project Management Team (PMT) Meetings (Up to 3) – We will conduct up to three (3) project management team (PMT) meetings to coordinate design decisions. We will prepare the agendas and meeting summaries to be provided to attendees. 1.3. Private Utility Coordination – We will initiate the GSOC process to identify existing private utilities within the project area and coordinate with private utility owners to identify their anticipated needs for utility relocation and adjustment. Up to two (2) Kimley-Horn members are to attend one (1) virtual private utility coordination meeting after 90% Plans have been developed to communicate the extent of utility relocation efforts. Utility owner identification information is to be listed within the Plans. TASK 2 – PUBLIC ENGAGEMENT 2.1. Neighborhood Meeting Exhibits (up to 5) – Kimley-Horn will provide up to five (5) exhibits as necessary for the City of Farmington to conduct one (1) in-person neighborhood meeting. It is assumed that this meeting will be held by City staff. This neighborhood meeting is intended to occur after bidding to inform the public of the proposed improvements and what to expect during the construction season. TASK 3 – 90% and Final Plans and Cost Estimates 3.1. 90% and Final Roadway and Utility Plans – 90% and Final Roadway Plans will be completed for the project with the following plan sheets assumed for Final Plan submittal: - Cover Sheet - Statement of Estimated Quantities (SEQ) - Construction Notes & Details - Standard Plates - Earthwork Notes & Tabulations - Typical Sections - Alignment Plan and Tabulation - Traffic Control Plans - Removal Plans - Erosion Control and Turf Establishment Plans - Construction Plan and Profiles - Intersection Details - Storm Sewer Laterals and Tabulation - Stormwater Pollution Prevention Plan (SWPPP) - Signing and Striping Plans - Cross Sections 3.2. 90%, and Final Engineer’s Estimate – Opinions of Probable Cost (OPC) to be prepared for 90%, and Final Plan submittals for the 2024 Street Improvements Project. It is assumed that the City of Farmington will provide feedback at each OPC submittal. Page 54 of 58 Page 3 kimley-horn.com 14800 Galaxie Ave, Suite 200, Apple Valley, MN 55124 952 905 2887 3.3. Permitting – Kimley-Horn will coordinate and apply for on behalf of the City the following permits as needed: - NPDES Permit - Minnesota Department of Health (Watermain) - Sanitary Sewer Extension (sanitary sewer) It is assumed that the City of Farmington will be responsible for permit application fees related to permitting costs. 3.4. Special Provisions & Project Manual – As a part of the 90% and Final Plan submittal, special provisions and a project manual will be prepared per City standard specifications for the 2024 Street Improvements Project. It is assumed the project manual will be prepared per provided City of Farmington examples, and that the City will provide standard specifications to be included as necessary. We assume that we will address one (1) round of comments from the City of Farmington following preparation of draft contract and bidding documents. 3.5. Bidding – We will produce PDF versions of plans and specifications for the 2024 Street Improvements Project to be uploaded to QuestCDN, and up to two (2) sets of plans and specifications for City staff to use if necessary. We will field contractor questions related to the project plans and specifications, including up to two (2) addendums if necessary. We have assumed that a pre-bid meeting will not be held for the project, and that the City will bid the project electronically through QuestCDN. Kimley-Horn will prepare a bid summary letter following the bid opening for the City to use in awarding the project. Final Design and Construction Schedule The following schedule below is anticipated to facilitate construction in 2024. Council Award/Notice to Proceed January 2, 2024 PMT Meeting #1 - Kickoff Meeting January 9, 2024 PMT Meeting #2 February 6, 2024 90% Plan Submittal February 16, 2024 PMT Meeting #3 March 5, 2024 Final Plan Submittal March 11, 2024 Council Approve Plans and Authorize Advertisement March 18, 2024 Advertisement for Bid March-April 2024 Bid Opening and Award April 2024 Pre-construction Meeting May 2024 Neighborhood Meeting May 2024 Construction Begin June 2024 Substantial Completion August 2024 Final Completion October 2024 Page 55 of 58 Page 4 kimley-horn.com 14800 Galaxie Ave, Suite 200, Apple Valley, MN 55124 952 905 2887 Estimated Fees – Final Design Tasks (Tasks 1-3) Kimley-Horn will provide the scope of services identified above on an hourly basis. Our total estimated cost for the Preliminary Design Scope of Services is summarized in the table below. Task 1 – General Project Management and Agency Coordination $ 12,290 Task 2 – Public Engagement $ 2,568 Task 3 – 90% and Final Plans and Cost Estimates $ 94,425 Subtotal $ 109,283 Reimbursable Expenses $ 6,600 Total $ 115,883 Please contact me at (651) 319-2454 or Dan.Coyle@kimley-horn.com should you have any questions. Sincerely, Daniel J. Coyle, P.E. Project Manager / Vice President Exhibit 1 – Detailed Fee Estimate Page 56 of 58 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 57 of 58 Pa g e 5 8 o f 5 8