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03.18.24 Council Packet
Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, March 18, 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. Donation of Five (5) Fire Suppression Tools to the Farmington Police Department Ask any questions you may have and then Staff recommends that you adopt Resolution 2024-28 Accepting the Donation of Five (5) Fire Suppression Tools to the Farmington Police Department - from Corinthian Lodge No. 67 for use by the Farmington Police Department. Agenda Item: Accepting the Donation of Five Fire Suppression Tools to the Farmington Police Department - Pdf 4 - 5 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 Judges for 2024 Election Cycle Agenda Item: Additional Election Judges for 2024 Election Cycle - Pdf 6 - 7 7.2. Minutes of the March 4, 2024 Council Work Session Agenda Item: Minutes of the March 4, 2024 Council Work Session - Pdf 8 - 14 7.3. Minutes of the March 4, 2024 Regular City Council Meeting Agenda Item: Minutes of the March 4, 2024 Regular City Council Meeting - Pdf 15 - 21 Page 1 of 124 7.4. Authorize Execution of a Professional Services Agreement with WSB LLC for the Review and Distribution of Two Alternative Urban Areawide Reviews Agenda Item: Authorize Execution of a Professional Services Agreement with WSB LLC for the Review and Distribution of two Alternative Urban Areawide R - Pdf 22 - 35 7.5. Zoning Ordinance Amendments to Title 10, Chapters 2 and 6 of the Farmington City Code Agenda Item: Zoning Ordinance Amendments to Title 10, Chapters 2 and 6 of the Farmington City Code - Pdf 36 - 40 7.6. 2023 Investment Portfolio Overview Agenda Item: 2023 Investment Portfolio Overview - Pdf 41 - 44 2023 Investment Portfolio Overview 7.7. Payment of Claims Agenda Item: Payment of Claims - Pdf 45 - 46 Payment of Claims 7.8. Fire Service Agreements with Castle Rock Township and the City of Empire Agenda Item: Fire Service Agreements with Castle Rock Township and the City of Empire - Pdf 47 - 60 7.9. Addition of Fire Marshal Position Agenda Item: Addition of Fire Marshal position - Pdf 61 - 63 7.10. Interim Fire Chief Agenda Item: Interim Fire Chief - Pdf 64 7.11. Personnel Policy Update Agenda Item: Personnel Policy Update - Pdf 65 - 76 7.12. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 77 7.13. Purchase of a Dump Truck Agenda Item: Purchase of a Dump Truck - Pdf 78 - 112 7.14. Purchase of a Salt Storage Facility Agenda Item: Purchase of a Salt Storage Facility - Pdf 113 - 119 7.15. Purchase of a Tandem Roller Agenda Item: Purchase of a Tandem Roller - Pdf 120 - 123 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS Page 2 of 124 11.UNFINISHED BUSINESS 12.NEW BUSINESS 12.1. Parks and Recreation Department’s 2023 Annual Report and 2024 Goals The City Council is asked to listen to the annual report presentation and ask any questions they have during and/or after the presentation has been made. This item is for informational purposes only. Agenda Item: Parks and Recreation Department’s 2023 Annual Report and 2024 Goals - Pdf 124 13.CITY COUNCIL ROUNDTABLE 14.ADJOURN Page 3 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Gary Rutherford, Police Chief Department: Police Subject: Donation of Five (5) Fire Suppression Tools to the Farmington Police Department Meeting: Regular Council - Mar 18 2024 INTRODUCTION: The Farmington Police Department recently received a donation of five (5) Fire Suppression Tools (FSTs) from Corinthian Lodge No. 67, based in Farmington. DISCUSSION: One of the responsibilities of the Farmington Police Department is fire scene response. While our Police Officers aren't trained Firefighters, we do generally arrive ahead of fire personnel simply because we are already working and on duty. Historically, we have been limited to ensuring structures are evacuated, locating nearby fire hydrants, closing down the area to traffic and pedestrians, etc. We don't take an active role in fire suppression because we don't have the tools, the training, or the safety equipment to do so. Technology has been developed that will allow untrained personnel to slow the progression of a working structure fire, the Fire Suppression Tool (FST). The FST can be thrown into a structure and then will automatically introduce a fire suppression agent to reduce the temperature in the room and buy the Fire Department some precious time. The members of Corinthian Lodge No. 67 have generously donated five (5) FSTs to the Farmington Police Department at a total value of $4,500.00. BUDGET IMPACT: The FSTs were purchased by Corinthian Lodge No. 67 and donated in full to the Farmington Police Department. There is no budget impact. ACTION REQUESTED: Ask any questions you may have and then Staff recommends that you adopt Resolution 2024-28 Accepting the Donation of Five (5) Fire Suppression Tools to the Farmington Police Department - from Corinthian Lodge No. 67 for use by the Farmington Police Department. ATTACHMENTS: FST Donation Resolution Page 4 of 124 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-28 A RESOLUTION ACCEPTING THE DONATION OF FIVE (5) FIRE SUPPRESSION TOOLS TO THE FARMINGTON POLICE DEPARTMENT WHEREAS, Corinthian Lodge No. 67 of Farmington donated five (5) Fire Suppression Tools to the Farmington Police Department at a value of $900.00 each or a total value of $4,500.00; and WHEREAS, the Farmington Police Department will utilize these tools during the course and scope of their duties; 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 this donation. NOW, THEREFORE, BE IT RESOLVED, that Farmington Mayor and City Council hereby accepts with sincere gratitude this generous donation of Fire Suppression Tools to be utilized by the Farmington Police Department. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of March 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 5 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Additional Election Judges for 2024 Election Cycle Meeting: Regular Council - Mar 18 2024 INTRODUCTION: For Council approval is a resolution appointing additional Election Judges for the 2024 election cycle. DISCUSSION: Per Minnesota Statutes 204B.21, "Election Judges for precincts in a municipality shall be appointed by the governing body of the municipality. Appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required." Resolution 2024-06, adopted by the City Council on January 16, 2024, authorized the City Clerk 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." Michelle Hinze and Joseph Hinze were contacted by the City Clerk on March 4th when, for certain reasons, additional judges were needed at two polling sites the following morning. Staff would like to thank Michelle and Joseph for graciously stepping up to work at a moment's notice. BUDGET IMPACT: Costs included in the City's 2024 budget. ACTION REQUESTED: Adopt Resolution 2024-27 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. ATTACHMENTS: 2024-27 Appointing Additional Election Judges for the 2024 Election Cycle Page 6 of 124 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. Michelle Hinze Joseph Hinze Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of March 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 7 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the March 4, 2024 Council Work Session Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Approve the minutes of the March 4, 2024 Council Work Session. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the March 4, 2024 Council Work Session. ATTACHMENTS: 03.04.24 Work Session Minutes Page 8 of 124 Work Session Minutes of March 4, 2024 Page 1 of 4 City of Farmington City Council Work Session Minutes Monday, March 4, 2024 The City Council met in a Work Session on Monday, March 4, 2024, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1.CALL TO ORDER Mayor Hoyt called the Work Session to order at 5 p.m. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Staff Present: Julie Flaten, Asst City Administrator/HR Director Kim Sommerland, Finance Director Kellee Omlid, Parks & Recreation Director Tony Wippler, Planning Manager Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk Others Present: Rita Trapp, HKGi Members of the Planning Commission: Chair Dirk Rotty Commissioners LeeAnn Lehto, Mitchell Snobeck, and Krista Tesky 2.APPROVE AGENDA Motion was made by Councilmember Porter and seconded by Councilmember Wilson to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 3.DISCUSSION ITEMS 3.1 2040 Comprehensive Plan Update The Planning Commission met previously with HKGi. Chair Rotty said it was a good presentation with good discussion. Manager Wippler introduced Rita Trapp of HKGi and said we met last month with the Planning Commission and went over a lot of the information that is in the packet for this evening. Staff believes it is important to have the City Council and Page 9 of 124 Work Session Minutes of March 4, 2024 Page 2 of 4 Planning Commission together tonight to make sure we are all on the same page and that Staff are moving this in the direction that both the City Council and Planning Commission find appropriate. Once we have that direction, we will look forward to having an open house on the preferred land u se, followed by a public hearing and adoption. Ms. Trapp said the purpose of this project is to update the vision, guiding principles, and strategies. Then we will work with Staff on creating the future land use plan which will be used to identify the needed public improvements. Once the future land use is set, we can move forward and analyze and provide the numbers that are needed to understand what the infrastructure improvements would need to be. Ms. Trapp presented the 2040 Comprehensive Plan update. Vision Statement Celebrating Our Past. Boldly Defining Our Future. “In the City of Farmington, we value people and neighborhoods and we celebrate businesses and traditions. We are bold in pursuing opportunities and investments that support quality and sustainable growth, a complete and connected community, and a vibrant and resilient economy.” Guiding Principles and Strategies Quality and Sustainable Growth Guiding Principles 1) Guide the location and form of development to ensure growth is managed in a sustainable manner and natural resources are protected. 2) Create interesting neighborhoods that strengthen Farmington’s hometown feel. 3) Preserve and protect historical and cultural resources. Complete and Connected Community Guiding Principles 4) Create high-quality neighborhoods that are connected by parks, open spaces, and trails. 5) Provide a transportation system that supports the efficient and effective movement of people and goods for all modes of transportation. 6) Recognize that all people have inherent value and are celebrated and welcomed. Page 10 of 124 Work Session Minutes of March 4, 2024 Page 3 of 4 Vibrant and Resilient Economy Guiding Principles 7) Promote and support a dynamic economy that distinguishes itself in the region. 8) Enhance the vitality and vibrancy of Farmington’s commercial districts. Opportunities and Investments Guiding Principles 9) Maintain a positive and proactive approach to the City budget, ensuring investment decisions are cost-effective and provide a long-term benefit. Future Land Use Farmington’s Land Use Categories • Agriculture • Low Density Residential • Low/Medium Density Residential • Medium Density Residential • High Density Residential • Commercial • Mixed Use (Commercial/Residential) • Mixed Use (Commercial/Industrial) • Industrial • Public/Semi-Public • Park/Open Space • Right-of-Way Future Land Use Distribution Table 3.3 and Figure 3.3 (attached) show the land use proposed in the 2040 Comprehensive Plan. The City Council and Planning Commissioners asked questions and received answers. In summary, general agreement is they would like to see more commercial in the land use plan. 4. COUNCIL COMMITTEE UPDATE 5. CITY ADMINISTRATOR UPDATE Page 11 of 124 Work Session Minutes of March 4, 2024 Page 4 of 4 6. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adjourn the meeting at 6:49 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 12 of 124 Page 13 of 124 Page 14 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the March 4, 2024 Regular City Council Meeting Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Approve the minutes of the March 4, 2024 City Council meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the March 4, 2024 City Council meeting. ATTACHMENTS: 03.04.24 Council Minutes Page 15 of 124 Regular City Council Meeting Minutes of March 4, 2024 Page 1 of 6 City of Farmington Regular Council Meeting Minutes Monday, March 4, 2024 The City Council met in regular session on Monday, March 4, 2024, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Hoyt led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community & Economic Development Director Kim Sommerland, Finance Director Kellee Omlid, Parks & Recreation Director Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk 4. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS None. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS None. Page 16 of 124 Regular City Council Meeting Minutes of March 4, 2024 Page 2 of 6 7. CONSENT AGENDA 7.1 Resolution 2024-26 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 7.2 Gambling Event Permit Application from Northfield Golf Ducks Unlimited Chapter #0113 7.3 Minutes of the February 5, 2024 City Council Work Session 7.4 Minutes of the February 5, 2024 Regular City Council Meeting 7.5 Minutes of the February 20, 2024 Regular City Council Meeting 7.6 Addendum to Professional Services Agreement for Electrical Services 7.7 Development Contract – Meadowview Preserve 7.8 Termination of Professional Services Agreement for Inspection of Electrical Installations Between the City of Farmington and Michael Hawke, SP 7.9 Payment of Claims 7.10 Staff Changes and Recommendations, Including: • Appointment of Taylor Rondo as a Seasonal Tennis Supervisor 7.11 Agreement with The Foot Nurse for Footcare Services 7.12 Resolution 2024-24 Accepting a Donation of $167.80 from Happy Harry’s Furniture to the Rambling River Center 7.13 Award of Contract for the Well 5 Retaining Wall Repair Project to VADA Contracting, LLC for the Bid Amount of $93,413.00 7.14 Award of Contract for the Winter 2024 Ash Removal Project to Sorenson Tree Service for the Quoted Amount of $83,978.24 Motion was made by Councilmember Porter and seconded by Councilmember Lien to approve the Consent Agenda, as presented. Motion carried: 5 ayes / 0 nays. 8. PUBLIC HEARINGS None. 9. AWARD OF CONTRACT None. 10. PETITIONS, REQUESTS AND COMMUNICATIONS None. 11. UNFINISHED BUSINESS None Page 17 of 124 Regular City Council Meeting Minutes of March 4, 2024 Page 3 of 6 12. NEW BUSINESS 12.1 Appointment to the Rambling River Center Advisory Board Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to appoint Jeff Spillman to the Rambling River Center Advisory Board for a term effective March 4, 2024 and ending January 31, 2027. Motion carried: 5 ayes / 0 nays. 13. CITY COUNCIL ROUNDTABLE City Attorney Koch: Reminder that there are two judicial vacancies on the Supreme Court coming up with the retirement of Justice G. Barry Anderson and Justice Margaret Chutich. In the coming year, we will be hearing about two new Supreme Court Justices. Councilmember Lien: To our Police and Fire Departments, thank you for your coverage of Burnsville over the last couple of weeks. I know it’s been chaotic, but I certainly appreciate it. Councilmember Bernatz: I had a great time at the employee celebration Thursday and the opportunity to gather. Also, a huge shout-out to the Farmington High School students that performed in Cabaret this past weekend. We have an amazingly talented group of kids, and they did three shows at Boeckman Middle School, and they did a fantastic job. Councilmember Porter: Thank you to everyone who put together the employee appreciation event and for keeping it light and fun. That time of collaboration and seeing one another outside the work world is very important. Congratulations to Jim Murphy on his retirement. He has been an amazing addition and mentor to our Farmington Police Department. We are so thankful for his time on the force, as well as Cassie Redmond-Palo whose last day was today. We are super fortunate to have had her for the last 18 plus years and we are going to miss her, but we wish her well in all her future endeavors. Councilmember Wilson: Thank you to everyone involved in the employee appreciation lunch. There was a lot of enthusiasm and clearly the employees appreciated it, so thanks to all of you for coordinating that. We have added three more election judges, so thank you to those in the community that have stepped up to serve in that way. Page 18 of 124 Regular City Council Meeting Minutes of March 4, 2024 Page 4 of 6 The Farmington Girls High School Bowling Team won State over the weekend. This comes after the mixed Boy-Girl Team won State in the fall. It’s really amazing. There is one girl on the team that will be bowling in college. For those that aspire or are good at the sport, there can be an exciting future with that. Shout-out to Coaches Bob Hessler and Chris Hallaway. Congratulations to all of them for the huge accomplishment. And last, but not least, I am honored to have my sister, Sandy, here who flew 1,700 miles from Seattle to grace us tonight. Administrator Gorski: Thank you to City Council for showing up to the employee recognition event. It’s great to see you there and support Staff as you always do. Thank you to Julie and Terri for organizing the event. It was greatly appreciated. Thank you. Clerk Buecksler: Election Day is tomorrow. Polls will be open from 7 a.m. to 8 p.m. Director Flaten: All of our parks maintenance staff positions are already filled for the summer. We have a number of returning folks which is super great. We also have a number of positions in the recreation area where we need applicants for summer. Director Kuennen: Our own Stephanie Aman, who is our Economic Development Coordinator, was named as the Minnesota Economic Development Association’s 2023 Emerging Professional of the Year. This is a huge honor, and she is one of our own and deserves it. At the upcoming EDA meeting, we will be able to share with you the video that was produced as part of the award and let her share the award and what it means to her. It definitely is an honor and speaks to the level of talent we have working with the City. Director Powell: Thank you for awarding the contract for the Well 5 Retaining Wall repair. A lot of people drive by that wall and I’m very pleased we will be able to get that cleaned up and replaced. Also, with the warmer weather, Public Works crews took out about 150 ash trees. As they weren’t doing snow and ice removal, they were able to focus on the EAB (Emerald Ash Borer) management plan we have in place, so we are making progress. Director Omlid: I want to welcome Jeff Spillman to the Rambling River Center Advisory Board. He is going to be a great addition, and we are looking forward to him being at our meeting next Monday. Page 19 of 124 Regular City Council Meeting Minutes of March 4, 2024 Page 5 of 6 Its Dew Run season and not too early to start training for the Dew Run. Registration is available online at farmingtonmn.gov. We have a one mile, a four mile, and a half mile junior jog on Saturday, June 22. Join us for the Dew Run. Chief Rutherford: I would like to acknowledge the retirement of Detective Sergeant Jim Murphy after 28 years with Farmington. For those of you that don’t know him well, he is the kind of cop that we should all aspire to be, as well as the human we should all be aspiring to be. He is a stellar guy, and it’s going to be hard to imagine what our Department is going to be like without him. Today was also Officer Cassie Redmond-Palo’s last day with us. After 19 years, I remember when we hired her as a CSO and to see her leaving us now to take a promotion with the Sheriff’s Office, it’s a little bittersweet. It’s super exciting for her and her family but it is most genuinely a loss for the Farmington Police Department. She is just a fantastic cop and a fantastic person. She has done a lot for us over the years, and we are going to miss her. Lastly, to everybody who reached out with either emails or phone calls or text messages over the last two weeks to me or anybody else at the Police Department or the Fire Department, a very heartfelt thank you. Mayor Hoyt: Cassie’s promotion to the County and Jim’s retirement are huge losses for the community. It’s great for both of them, but it is also bittersweet. A huge thank you to the entire team for the employee recognition event. It was outstanding to see so many of our teammates show up, let loose and have fun, and relax in a non-work environment. To see the departments crossing and people intermixing, it was fun to see the positive culture that we continue to build and work on. There is legislation sitting at the state right now between the Senate and the House. I typically don’t like to get involved in this, but one of our pillars is community engagement and transparency, and I think it’s imperative that people know what’s happening right now. There is a situation that may reduce the City’s ability to have that level of engagement if some of these bills are passed. This regards HF4009 and SF3964. These are bills that are now being heard in St. Paul that would bring lasting and significant consequences to every homeowner and taxpayer in cities across Minnesota. They eliminate the City authority to oversee local planning and zoning of our residential neighborhoods in exchange for a one size fits all approach. The verbiage specifically prohibits public engagement. As we go through new opportunities as they come up, one of the things that we, as the Council and our team, push for is community involvement. But this piece of legislation, as written in its current form, specifically prohibits public engagement. Page 20 of 124 Regular City Council Meeting Minutes of March 4, 2024 Page 6 of 6 While that law gives the developer the full protection of statute to do that, it also strips each and every one of us of our right to a public hearing or to voice support or opposition of new developments. Compounding the problems with this legislation, the unplanned for density would sit on top of existing infrastructure and streets, irrespective of the ability to meet the demand. Our residents need to be aware of that. And that we, as a Council, have said that community engagement and transparency are imperative in the process. This is something that, with the proposed legislation, our residents would be deprived of and strictly forbidden, as is written in its current form. I encourage you to do some research, reach out and talk to your legislators, and ask questions. 14. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Lien to adjourn the meeting at 7:13 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 21 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community Dev Director Department: Community Development Subject: Authorize Execution of a Professional Services Agreement with WSB LLC for the Review and Distribution of Two Alternative Urban Areawide Reviews Meeting: Regular Council - Mar 18 2024 INTRODUCTION: The City of Farmington is anticipating potential development of two large areas of land. Due to the size of these areas, some level of environmental review will be required. The Alternative Urban Areawide Review (AUAR) process has been determined to be the preferred environmental review method different for flexibility offer and 4410 Rule MN with compliance provide will which development options. Staff is seeking authorization to execute a Professional Services Agreement with WSB LLC to assist the City with all of the review and distribution of documents associated with the AUAR process, as prescribed by the Environmental Quality Board. DISCUSSION: An AUAR is a planning tool used to understand how different development scenarios will affect the environment of their community before development occurs. This process is designed to look at the cumulative impacts of anticipated development scenarios within a given geographical area. The content, format, and process of an AUAR is specifically defined in MN Rule 4410. The City of Farmington is anticipating the development of two large areas, both of which can utilize the AUAR process to provide compliance with MN Rule 4410. Due to the complexities of these documents and the required steps, reviews, and distribution demands and timelines - City Staff reached out to WSB to assist with the review and distribution of the documents, as well as perform the review of the agency comments and preparation of the AUAR orders and adoption documents associated with the environment review process. The scope of services to be provided includes: Review of two development scenarios for each development area. Distribution of AUAR order and scoping documents per MN Rule 4410.3610, Subpart 5a Preparation of final AUAR order Review of Draft AUAR and Mitigation Plans including review of agency comments and responses. Review of Final AUAR and Mitigation Plans including preparation of documents related to the adoption of the Finial AUARs At the completion of these steps - the Final AUARs and adoption documentation would be submitted to the Environmental Quality Board and review agencies. Page 22 of 124 The cost of the preparation of the actual AUARs documents will be the responsibility of the potential developers. The completed AUARs are good for five (5) years, during which time the sites can be marketed for development knowing that the environmental review process is complete and mitigation measures (if any) have already been identified and approved by the necessary state agencies. BUDGET IMPACT: $33,900 - from the EDA Budget ACTION REQUESTED: Authorize execution of a Professional Services Agreement with WSB to assist the City with the review and distribution of two AUAR documents. ATTACHMENTS: 031824 PSA WSB AUAR RGU Review Assistance Page 23 of 124 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 18th day of March, 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 $33,900 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 24 of 124 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 October 31, 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 25 of 124 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 26 of 124 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 27 of 124 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 28 of 124 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 29 of 124 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 30 of 124 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: March 18, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 31 of 124 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 32 of 124 G:\.Clients All\Farmington\Proposals\2024 AUAR Review\LTR - Two AUAR Reviews - 030424.docx 5 4 0 G A T E W A Y B L V D | B U R N S V I L L E , MN | 55 3 3 7 | 9 5 2 . 7 3 7 . 4 6 6 0 | W S B E N G . C O M March 4, 2024 Mr. John Powell, PE City of Farmington 430 Third Street Farmington, MN 55024 RE: RGU Review Assistance – Farmington Alternative Urban Areawide Reviews Dear Mr. Powell: WSB is excited to provide the following scope of services to assist the City of Farmington with the Alternative Urban Areawide Review (AUAR) review process. The City is requesting assistance with review and distribution of two AUAR documents, as well as review of agency comments and preparation of the AUAR orders and adoption documents as the City is the Responsible Government Unit (RGU) for the environmental review process. PROJECT UNDERSTANDING The City of Farmington is anticipating the development of two large areas, both of which can utilize the AUAR process to provide compliance with MN Rule 4410. This scope assumes review of two development scenarios for each development area. For both development areas, one scenario is expected to be in conformance with the Comprehensive Plan. Review of any additional concept plans will require an amendment of this scope. WSB understands that each project will also require an additional “scoping” process, per MN Rule 4410.3610, Subpart 5a. The Scoping AUAR involves preparation of a draft AUAR Order and document that provides general information on the development scenarios and relevant issues that will be covered in the Draft AUAR. The draft AUAR Order and scoping document is distributed in a similar manner to an Environmental Assessment Worksheet. It is our understanding that the developers’ consultants will prepare the Scoping, Draft, and Final AUARs for the city’s review. SCOPE OF SERVICES A. Scoping AUAR and Draft AUAR Order a. Review and provide comments on each Scoping AUAR. Comments will be provided as tracked changes in the word documents provided by the developers. Appendices in PDF will be commented on within the PDF documents. Two rounds of comment and review are included with the Scoping AUARs. b. Prepare Draft AUAR Orders for City Council agenda for distribution with the Scoping AUARs. It is assumed that the developers’ consultants will submit the Scoping AUARs to the EQB and review agencies and WSB will provide supporting information. c. Review agency comments on the Scoping AUAR and review the responses prepared by the developers and their consultants. This assumes one round of review for each project. Page 33 of 124 Mr. John Powell March 4, 2024 Page 2 G:\.Clients All\Farmington\Proposals\2024 AUAR Review\LTR - Two AUAR Reviews - 030424.docx B. Final AUAR Order a. Prepare the City Council agenda items and supporting documents related to the Final AUAR Orders. This is anticipated to occur within 15 days following the completion of the Scoping AUAR comment periods. Note that adoption of the AUAR must occur at the first Council meeting following 120 days after the Final AUAR Order. C. Draft AUAR and Mitigation Plan a. Review and provide comments on the Draft AUARs and Mitigation Plans. Comments will be provided as tracked changes in the word documents provided by the developers’ consultants. Appendices in PDFs will be commented on within the PDF documents. Two rounds of comment and review are included with the Draft AUARs. This task includes one virtual meeting with the city and each developer to review any comments (two meetings total). b. Prepare City Council agenda items and supporting documents related to the distribution of the Draft AUARs. c. Assist in distribution of notice to a local paper or other official public notice location regarding the Draft AUAR comment periods. It is assumed that the developers’ consultants will submit the Draft AUARs to the EQB and review agencies and WSB will provide supporting information. d. Review agency comments on the Draft AUARs and review the responses prepared by the developers. This assumes one round of review and one virtual meeting with each project developer to review comments (two meetings total). D. Final AUAR and Mitigation Plan a. Review and provide comments on the Final AUARs and Mitigation Plans. This assumes that the developers will update the documents based on comments received during the Draft AUAR comment period. Comments will be provided as tracked changes in the word documents provided by the developers. Appendices in PDF will be commented on within the PDF documents. Two rounds of comment and review are included with the Final AUARs. This task includes a one virtual meeting with the city and each developer to review any comments (two meetings total). b. Following completion of the Final AUARs, it is assumed that the developers’ consultants will submit the Final AUAR to the review agencies for review during a 10- day objection period. No noticing is anticipated. c. If no agency objections are received, WSB will prepare City Council agenda items and supporting documents related to the adoption of the Final AUARs. It is assumed that the developers’ consultants will submit the Final AUARs and adoption documentation to the EQB and review agencies. PROPOSED FEE The estimated cost provided is based on our project understanding and scope as described herein. The estimated cost of this project is not to exceed $33,900. The fee breakdown per task is generally summarized below. Invoices will document hours billed to each development area/AUAR as a separate phase. The fees below assume that the two development projects follow similar schedules, allowing for some efficiencies in review and document production. If project schedules are delayed, an amendment may be necessary. Page 34 of 124 Mr. John Powell March 4, 2024 Page 3 G:\.Clients All\Farmington\Proposals\2024 AUAR Review\LTR - Two AUAR Reviews - 030424.docx Task Description Fee Scoping AUAR Reviews and Draft AUAR Orders $4,800 Final AUAR Orders $2,300 Draft AUAR and Mitigation Plan $16,500 Final AUAR and Mitigation Plan $10,300 This letter represents our entire understanding of the project scope. If you have any questions about the proposed scope or fee, please contact me at 612.360.1320 or aharwood@wsbeng.com. If accepted, please begin the contract process. We are available to begin work once we receive signed authorization. Sincerely, Alison Harwood Director of Natural Resources cc: Mark Erichson Page 35 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Zoning Ordinance Amendments to Title 10, Chapters 2 and 6 of the Farmington City Code Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Staff is proposing additional zoning ordinance amendments to Title 10, Chapters 2 and 6 of the Farmington City Code. DISCUSSION: At the November 2023 Planning Commission meeting, Staff presented a laundry list of minor zoning code amendments for discussion. After receiving positive feedback, Staff has been bringing forward these zoning code amendments for final approval from City Council over the last couple months. Staff is bringing forward another round of zoning code amendments. This round focuses specifically on performance standards in relation to utility trailer parking and fences. A table outlining are amendments The attached. is rationale their with amendments proposed the summarized below: Adding utility trailers to the recreational vehicle parking section, requiring them to be parked on a hard surface. Adding a definition for utility trailers. Removing the requirement that a site plan or legal survey showing a proposed fence must be submitted to the building inspection division. Adding language prohibiting electric fences on residential lots. The Planning Commission held a public hearing at their March 12th regular meeting and recommended the City Council approve the proposed amendments. BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve and pass Ordinance 2024-04, An Ordinance Amending Title 10, Chapters 2 and 6 of the Farmington City Code as it Relates to Performance Standards for Recreational Vehicle Parking and Fences. ATTACHMENTS: Page 36 of 124 2024-04 Amending Peformance Standards Code Update Table - March Only Page 37 of 124 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2024-04 AN ORDINANCE AMENDING TITLE 10, CHAPTERS 2 AND 6 OF THE FARMINGTON CITY CODE AS IT RELATES TO PEFORMANCE STANDARDS FOR RECREATIONAL VEHICLE PARKING AND FENCES The City Council of the City of Farmington ordains: SECTION 1. Title 10, Chapter 2, Section 1 of the Farmington City Code is hereby amended by adding the following underlined language: 10-2-1: ZONING DEFINTIONS UTILITY TRAILER: A trailer, enclosed or unenclosed, used to transport personal property, materials, or equipment. SECTION 2. Title 10, Chapter 6, Section 4 of the Farmington City Code is hereby amended by adding the following underlined language: 10-6-4: OFF STREET PARKING (F) Recreational Vehicle Parking: Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows: 1. In the front yard, provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right of way must comply with section 9-1-9 of this code. 2. In the side or rear yard, recreational vehicles shall be parked or stored on asphalt, concrete, or decorative landscape rock. (a) All hard surfaced parking areas in the side or rear yard shall maintain a five foot (5') setback from the side or rear lot lines. (b) All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches (4") and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds. No class V(5) rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements. (Ord. 002-476, 5-6-2002) (c) The above section shall also apply to utility trailer parking. SECTION 3. Title 10, Chapter 6, Section 12 of the Farmington City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Page 38 of 124 Ordinance 2024-04 Page 2 of 2 10-6-12: FENCES: (F) Site Plan; Building Permit: A site plan or legal survey with location of the proposed fence shall be submitted to the building inspection division for approval for all fences over four feet (4’) in height. An application for a building permit is required for all fences exceeding six feet (6’) in height. (G) Materials: Fences in all districts, except agricultural, shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting, metal sheeting or similar material shall be used for any fence construction. Electric fences are prohibited. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available for inspection and without cost by any person at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. This ordinance includes the following changes relating to Title 10, Chapters 2 and 6: • Adding utility trailers to the recreational vehicle parking section, requiring them to be parked on a hard surface. • Adding a definition for utility trailers. • Removing the requirement that a site plan or legal survey showing a proposed fence must be submitted to the building inspection division. • Adding language prohibiting electric fences on residential lots. SECTION 5. 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 18th day of March 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 39 of 124 CODE UPDATES - MARCH City Code Section Existing Language/Summary Proposed Change Comments/Rationale 10-6-4 Off-Street Parking – Recreational Vehicles (F) Recreational Vehicle Parking: Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows: 1. In the front yard, provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right of way must comply with section 9-1-9 of this code. 2. In the side or rear yard, recreational vehicles shall be parked or stored on asphalt, concrete, or decorative landscape rock. (a) All hard surfaced parking areas in the side or rear yard shall maintain a five foot (5') setback from the side or rear lot lines. (b) All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches (4") and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds. No class V(5) rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements. (F) Recreational Vehicle Parking: Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows: 1. In the front yard, provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right of way must comply with section 9-1-9 of this code. 2. In the side or rear yard, recreational vehicles shall be parked or stored on asphalt, concrete, or decorative landscape rock. (a) All hard surfaced parking areas in the side or rear yard shall maintain a five foot (5') setback from the side or rear lot lines. (b) All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches (4") and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds. No class V(5) rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements. 3. The above section shall also apply to utility trailer parking. There has been confusion if utility trailers count as recreational vehicles when it comes to parking them in grass. Explicitly adding the term in code will help clarify this code enforcement issue. 10-2-1 Zoning Definitions There is no definition for utility trailers. UTILITY TRAILER: A trailer, enclosed or unenclosed, used to transport personal property, materials, or equipment. The definition should be added due to the above change. 10-6-12 (F) Fences – Site Plan (F) Site Plan; Building Permit: A site plan or legal survey with the location of the proposed fence shall be submitted to the building inspection division for approval for all fences over four feet (4') in height. An application for a building permit is required for all fences exceeding six feet (6') in height. (F) Site Plan; Building Permit: A site plan or legal survey with the location of the proposed fence shall be submitted to the building inspection division for approval for all fences over four feet (4') in height. An application for a building permit is required for all fences exceeding six feet (6') in height. There is currently no formal process for residents to submit the required site plan or legal survey for a fence. Since we don’t require any fence permit in general, staff proposes removing this language for clarity. 10-6-12 (G) Fences - Materials (G) Materials: Fences in all districts, except agricultural, shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting, metal sheeting or similar material shall be used for any fence construction. (G) Materials: Fences in all districts, except agricultural, shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting, metal sheeting or similar material shall be used for any fence construction. Electric fences are prohibited on residential lots. This was a recent code enforcement issue. Electric fences in residential areas are considered public nuisances. Pa g e 4 0 o f 1 2 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: 2023 Investment Portfolio Overview Meeting: Regular Council - Mar 18 2024 INTRODUCTION: In accordance with the City’s investment policy, Staff annually provides City Council with an overview of the City’s cash and investment portfolio. DISCUSSION: As of December 31, 2023, the City’s investment portfolio had a market value of $56.8 million with deposits held at Old National Bank and Castle Rock Bank, and investments with Oppenheimer & Co., and RBC Capital Markets. One of the challenges to investing City funds is balancing the short-term cash flow needs of daily operations with the needs to cash flow infrastructure projects and long-term needs such as semi- annual debt service. At all times, the three primary objectives of the City’s investment policy must be considered when investing City funds. These objectives in order of importance are safety, liquidity, and yield/return. Minnesota Cities may invest in a variety of investment instruments as defined in Minnesota State Statute Section 118A.04 which include options such as U.S. government securities, state and local Page 41 of 124 securities, commercial paper, and time deposits. At year end, U.S. agencies accounted for the largest percentage, 24%, of the City’s portfolio. U.S. agencies included in the City’s portfolio at the end of 2023 were Fannie Mae (FNMA), Federal Farm Credit Bank (FFCB), Federal Home Loan Bank (FHLB), Freddie Mac (FHLMC), and Tennessee Valley Authority (TVA). A similar percentage of funds were invested in U.S. treasuries (21%) and municipal securities (21%), while certificates of deposit (CDs) made up 11% of the portfolio. Rounding out the City’s portfolio were deposits with Old National Bank, Castle Rock Bank, and money market funds with Oppenheimer & Co., and RBC Capital Markets. The City intentionally ladders its investment maturities so that each month an investment or investments matures to meet the cash flow needs for that period. The City’s longest investment maturity as of December 31, 2023, is just short of four years, maturing in 2027. The maturity ranges for the portfolio are split nearly 50/50 for those one year or less, and those 1 to 4 years. Per the City’s investment policy, no more than 30 percent of total investments can extend beyond 5 years and no investments can be purchased for beyond 15 years. The total yield of the City’s investment portfolio as of December 31, 2023, was 3.276 percent, which is an increase from 2.015 percent in 2022. Individual yields for investments held during 2023 ranged from 0.350 percent to 5.443 percent. This compares to 2022 when yields ranged from 0.020 percent to 4.200 percent. Page 42 of 124 Mark-To-Market Governmental Accounting Standards Board (GASB) standards require that entities adjust and report in their financial statements the value of investments as determined by current market conditions as of December 31 each year. The market value represents the amount that the City would receive for the investment if it was sold at that time. However, since the City purchases investments with the intention of holding investments to maturity, reported mark-to-market gains or losses are not typically realized. BUDGET IMPACT: The City had an investment income budget of $225,250 for 2023. Actual investment income for the year, prior to any mark-to-market adjustments, was $1,396,433. This is an increase from the 2022 investment income of $680,107. ACTION REQUESTED: Accept the annual investment report. ATTACHMENTS: 12 31 2023 Portfolio by Security Type - Summary Page 43 of 124 Description Settlement Date YTM @ Cost Face Amount/Shares Cost Value Book Value Market Value Maturity Date Days To Maturity Accrued Interest % of Portfolio Sub Total / Average FFCB Bond 4.298 3,160,000.00 3,075,840.50 3,100,026.73 3,110,113.60 796 31,527.41 5.41 Sub Total / Average FHLB Bond 4.448 7,020,000.00 6,603,109.90 6,731,619.52 6,722,191.50 556 22,469.13 12.01 Sub Total / Average FHLMC Bond 4.208 1,200,000.00 1,144,860.00 1,161,993.17 1,156,781.10 594 610.46 2.05 Sub Total / Average FNMA Bond 2.201 2,800,000.00 2,744,009.00 2,778,369.06 2,662,351.00 560 11,891.25 4.79 Sub Total / Average Money Market 4.548 12,740,965.25 12,740,965.25 12,740,965.25 12,740,965.25 21.80 Sub Total / Average Municipal Bond 1.661 12,485,000.00 12,830,254.70 12,584,792.59 11,874,454.80 726 80,378.14 21.36 Sub Total / Average Negotiable Certificate Of Deposit 1.610 6,678,000.00 6,677,461.00 6,677,932.14 6,391,672.27 454 9,928.71 11.43 Sub Total / Average Treasury Bill 5.443 800,000.00 779,428.67 788,958.89 789,256.00 95 0.00 1.37 Sub Total / Average Treasury Note 3.563 10,755,000.00 10,446,037.69 10,662,663.62 10,624,451.10 264 58,779.17 18.40 Sub Total / Average TVA Bond 4.120 800,000.00 738,648.00 765,110.84 758,920.00 501 766.67 1.37 Total / Average 3.276 58,438,965.25 57,780,614.71 57,992,431.81 56,831,156.62 413 216,350.94 100 As of 12/31/2023 City of Farmington Portfolio Holdings Investment Portfolio Summary - by Security Type Municipal Bond Negotiable Certificate Of Deposit Treasury Bill Treasury Note TVA Bond FFCB Bond FHLB Bond FHLMC Bond FNMA Bond Money Market Pa g e 4 4 o f 1 2 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Attached is the list of check and electronic payments for the period of 02/29/2024-03/12/2024 for approval. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: Council Summary Payment of Claims 03-18-2024 Page 45 of 124 CLAIMS FOR APPROVAL 02/29/2024 ‐ 03/12/2024: CHECK PAYMENTS 497,276.36$ ELECTRONIC PAYMENTS 485,549.98$ TOTAL 982,826.34$ 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 March 18, 2024 Page 46 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Lynn Gorski, City Administrator Department: Administration Subject: Fire Service Agreements with Castle Rock Township and the City of Empire Meeting: Regular Council - Mar 18 2024 INTRODUCTION: The City of Farmington's Fire Department provides fire and emergency services to Castle Rock Township and the City of Empire. Attached for review and approval are the 2024-2028 fire service agreements with Castle Rock Township and City of Empire. DISCUSSION: Staff and the City Attorney have worked with Castle Rock Township and the City of Empire to update the fire service contracts. The contracts are based on the League of Minnesota Cities model contract. BUDGET IMPACT: The service charges are included in the 2024 budget. ACTION REQUESTED: The action requested is to approve the attached fire service contracts with Castle Rock Township and the City of Empire. ATTACHMENTS: 2024-2028 City of Empire Contract 2024-2028 Castle Rock Township Contract Page 47 of 124 Page 48 of 124 Page 49 of 124 Page 50 of 124 Page 51 of 124 Page 52 of 124 Page 53 of 124 Page 54 of 124 Page 55 of 124 Page 56 of 124 Page 57 of 124 Page 58 of 124 Page 59 of 124 Page 60 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Addition of Fire Marshal Position Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Approve the addition of a Fire Marshal position. DISCUSSION: The Fire Marshal position will be responsible for promoting public and Firefighter safety through the development, implementation, and enforcement of fire safety codes. This position will also review, evaluate, and approve fire suppression and detection systems, fire alarms and conduct fire and arson investigations. The City's consultant has reviewed the job description and provided a rating of C41 for this position. BUDGET IMPACT: Wages and benefits will be paid utilizing the Public Safety Aid funds received from the State in 2023 ACTION REQUESTED: Approve the addition of a Fire Marshal position. ATTACHMENTS: DBM Job Evaluation Memo_Fire Marshal Page 61 of 124 MEMORANDUM TO: Julie Flaten, City Administration/Human Resources, City of Farmington, MN FROM: Gallagher Benefit Services - Public Sector & Higher Education Practice DATE: March 13, 2024 SUBJECT: Job Evaluation The following memo outlines our job analysis and recommendation for the Fire Marshal position using the Decision Band Method®. Gallagher reviewed the job description and/or Position Description Questionnaire (PDQ) to understand the essential duties of the role. In addition, we reviewed the org chart, other comparable job descriptions, and current classification hierarchy to ensure internal equity was maintained. The evaluation results are included in this memo. We appreciate the opportunity to assist the City of Farmington with its classification needs. If you have any questions or concerns, please feel free to contact Yumi Zhu at Yumi_Zhu@ajg.com or Charmain Kohler at Charmain_Kohler@ajg.com. We look forward to assisting you again in the near future. Page 62 of 124 ©2024 Arthur J. Gallagher & Co. All rights reserved. Position: Fire Marshal This is a new position and not currently rated. Position Summary: The Fire Marshal is responsible for promoting public and firefighter safety through the development, implementation and enforcement of fire safety codes. In addition to conducting fire investigations, this position reviews, evaluates, and approves fire alarms and fire suppression and detection systems. Position Analysis: We have examined the essential duties of this position and have evaluated the position u sing the Decision Band Method®. The job evaluation shows the following: Highest Banded and Graded Task: C4 Percent of Time on High Banded Tasks: ~75% Degree of Difficulty/Diversity: Low This classification performs tasks that require “process” decision-making, where the incumbent develops and selects the appropriate processes by which to accomplish the operations of programs. In “process” decision making, the rules and procedures have been set by interpretive decisions. What is to be done has already been decided, but the incumbent has a choice in the way in which the tasks are to be carried out. The position receives a grade of four (4) because the incumbent is non -coordinating, meaning he/she does not directly supervise staff. We compared this position with other positions, including Building Inspector and Economic Development Coordinator. Overall, the position receives a subgrade of one (1) because of the low complexity and diversity of tasks in the C4 band and grade. Recommended rating: C41 Page 63 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Interim Fire Chief Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Approve the appointment of Matt Price as Interim Fire Chief effective March 5, 2024. DISCUSSION: In his role as Deputy Fire Chief Matt has proven himself to be an effective leader and has earned the respect of the Fire Department employees as well as City leadership. BUDGET IMPACT: Wages are included in the 2024 budget. ACTION REQUESTED: Approve the appointment of Matt Price as Interim Fire Chief effective March 5, 2024. Page 64 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Personnel Policy Update Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Approve the updated Drug, Alcohol and Cannabis Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers. DISCUSSION: The Drug, Alcohol and Cannabis Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers was previously approved by the City Council in August of 2023. Since that time the LELS Patrol Officers union has requested some minor changes be made. The City has reviewed these changes and is agreeable. BUDGET IMPACT: N/A ACTION REQUESTED: Approve the updated Drug, Alcohol and Cannabis Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers. ATTACHMENTS: Non-DOT-Drug-Testing-and-Drug-Free-Workplace Policy_Revised 030724-Red line Page 65 of 124 City of Farmington, Minnesota Drug, Alcohol and Cannabis Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers (Non-DOT) Purpose and Objectives The city of Farmington (“city”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The city of Farmington does not intend to intrude into the private lives of its employees, but strongly believes that a drug, alcohol and cannabis-free workplace is in the best interest of employees and the public alike. Alcohol, drug, and cannabis abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. The city of Farmington’s Drug, Alcohol and Cannabis Testing Non-DOT policy has been established for the purpose of providing a safe workplace for all. City employees and applicants required to hold a commercial driver’s license by the United States Department of Transportation (“DOT”) for their job will be tested under the city’s Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the “DOT Policy”). All other employees and job applicants offered employment with the city must undergo testing as described by this policy. To ensure the policy is clearly communicated to all employees and applicants to whom offers of employment have been made, and to comply with state law, employees and applicants are required to review this policy and sign the “policy acknowledgement.” A job applicant will also acknowledge in this form that he/she understands that passing the drug test is a requirement of the job. Persons Subject to Testing and Circumstances Under Which Testing May Be Required Under this policy, the city may test any applicant to whom an offer of employment has been made and may test employees for alcohol and/or controlled substance, under the following circumstances with a properly accredited or licensed testing laboratory, in accordance with Minn. Stat. § 181.953, subd. 1 and pursuant to the requirements of Minnesota’s Drug and Alcohol Testing in the Workplace Act. (1) Pre-Employment Testing: Every job applicant offered employment with the city receives the offer conditioned upon successful completion of drug test, and/or an alcohol or cannabis test, if applicable, among other conditions. The city will not request or require a job applicant to undergo cannabis testing related to “lawful consumable products” pursuant to Minn. Stat. § 181.938, including alcohol, cannabis, lower-potency hemp edibles, and hemp-derived consumer products, except with respect to the categories of positions listed below. If the job offer is withdrawn based drug test results, the city will inform the applicant of the reasons for the withdrawal. A failure of the drug or other applicable test, a refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant’s provisional employment has Page 66 of 124 begun. A negative or positive dilute test result (following a second collection), which has been confirmed, will also result in immediate withdrawal of an offer of employment to an applicant. The City may request or require job applicants conditionally offered employment to undergo cannabis testing as part of pre-employment testing if the applicant is in one of the following positions: •A safety-sensitive position; •Police officer or sheriff position; •Firefighter position; •Position requiring face-to-face care, training, education, supervision, counseling, consultation or medical assistance to children, vulnerable adults, or patients who receive health care services from a provider for the treatment, examination, or emergency care of a medical, psychiatric, or mental condition; •Position requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee; •Position of employment funded by a federal grant; or •Any other position for which federal law requires testing of a job applicant for cannabis. Temporary and seasonal employees are not subject to pre-employment testing except for those designated by the hiring department as safety-sensitive positions. (2) Reasonable Suspicion Testing: Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and/or drug testing, or cannabis testing, when reasonable suspicion exists to believe that the employee: •Is under the influence of alcohol, drugs or cannabis; or •Has violated written work rules prohibiting the use, possession, sale or transfer of drugs, alcohol, or cannabis, while working, while on city property, or while operating city vehicles, machinery or any other type of equipment; or •Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has caused another employee to sustain an injury or •Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol, drugs or cannabis or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the city’s policies concerning alcohol, drugs or cannabis may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. For off-site collection, employees will be driven to the employer-approved medical facility by their supervisor or a designee. For an on-site collection service, the employee will remain on site and be observed by the supervisor or designee. The medical facility or on-site collection service will take the urine or blood sample and will forward the sample to an approved laboratory for testing. Page 67 of 124 Pursuant to the requirements of the Drug-Free Workplace Act of 1988, all city employees, as a condition of continued employment, will agree to abide by the terms of this policy and must notify the Assistant City Administrator/Human Resources Director or the City Administrator of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. If required by law or government contract, the city will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. (3) Treatment Program Testing: In accordance with Minn. Stat. § 181.951, subd. 6, the city may request or require an employee to undergo drug, alcohol or cannabis testing, if the employee has been referred by the city for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan. In such a case, the employee may be requested or required to undergo drug or alcohol testing, or cannabis testing, without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. (4) Routine Physical Examination Testing: The city may request or require an employee to undergo drug and/or alcohol testing as part of a routine physical examination, provided it first has a lawful basis to request or require such an examination. The city, in accordance with Minn. Stat. § 181.951, subd. 3, will may request or require this type of testing no more than once annually, and the employee will be provided with at least two weeks’ written notice that the test will be required as part of the physical examination. The City may request or require an employee to undergo cannabis testing as part of a routine physical examination testing when an employee is in one of the following positions: •A safety-sensitive position; •Police officer or sheriff position; •Firefighter position; •Position requiring face-to-face care, training, education, supervision, counseling, consultation or medical assistance to children, vulnerable adults, or patients who receive health care services from a provider for the treatment, examination, or emergency care of a medical, psychiatric, or mental condition; •Position requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee; •Position of employment funded by a federal grant; or •Any other position for which federal law requires testing of a job applicant for cannabis The City acknowledges that nothing within this policy grants it the right to conduct routine physical examinations, medical examinations, or fitness for duty examinations of employees as a matter of expediency and that any such examination of an employee must be supported by a lawful basis that is job-related and consistent with business necessity. This policy does not and cannot reduce the rights of employees granted under a collective bargaining agreement or under any other local, state, or federal law, rule, regulation, or ordinance. (5) Random Testing: In accordance with Minn. Stat. § 181.951, subd. 4, the city may require an employee to submit to random drug, alcohol, and cannabis testing, if the employee is in a safety-sensitive position. Page 68 of 124 Right of Refusal: Employees and job applicants have the right to refuse to submit to an alcohol, drug, or cannabis test under this policy. However, such a refusal will subject an employee to immediate termination. If an applicant refuses to submit to applicant testing, any conditional offer of employment will be withdrawn. Any intentional act or omission by the employee or applicant that prevents the completion of the testing process constitutes a refusal to test. An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter a testing sample is considered to have refused to take a drug alcohol or cannabis test. In such a case, the employee is subject to immediate termination of employment, and in the case of an applicant, the job offer will be immediately withdrawn. Refusal on Religious Grounds: An employee or job applicant who, on religious grounds, refuses to undergo drug and/or alcohol testing, or cannabis testing, of a blood sample will not be considered to have refused testing, unless the employee or job applicant also refuses to undergo drug, alcohol, or cannabis testing of a urine sample. Cost of Required Testing: The city will pay for the cost of all drug, alcohol or cannabis testing, requested or required of all job applicants and employees, except for confirmatory retests. Job applicants and employees are responsible for paying for all costs associated with any requested confirmatory retests. Prohibition against Drugs and Alcohol Use and Possession of Alcohol or Drug(s) or Cannabis: Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, cannabis, or drug paraphernalia, while on duty; while on city premises; while operating any city vehicle, machinery, or equipment; or when performing any city business, except (1) pursuant to a valid medical prescription used as properly instructed; (2) the use of over-the-counter drugs used as intended by the manufacturer; or (3) when necessary for approved law enforcement activity. Besides having a zero-tolerance policy for the use or possession of alcohol, illegal drugs, or misused prescription drugs on the worksite, we also prohibit the use, possession of, impairment by any cannabis or medical cannabis products (e.g., hash oils, edibles or beverages containing cannabinoids, or pills) on the worksite by a person working as an employee at the city or while “on call” and subject to return to work. Having a medical marijuana card, patient registry number, and/or cannabis prescription from a physician does not allow anyone to use, possess, or be impaired by that drug here. Likewise, the fact that cannabis may be lawfully purchased and consumed does not permit anyone to use, Page 69 of 124 possess, or be impaired by them here. The federal government still classifies cannabis as an illegal drug, even though some states, including Minnesota, have decriminalized its possession and use. There is no acceptable concentration of marijuana metabolites in the blood or urine of an employee who operates our equipment or vehicles or who is on one of our worksites. Applicants and employees are still subject to being tested under our drug, alcohol and cannabis testing policy. Employees are subject to being disciplined, suspended, or terminated after testing positive for cannabis if the employee used, possessed, or was impaired by cannabis, including medical cannabis, while on the premises of the place of employment or during the hours of employment. While Impaired by Alcohol, Drugs or Cannabis: Employees are prohibited from being under the influence of alcohol or drugs, or cannabis, or having a detectable amount of an illegal drug in the blood or urine when reporting for work; while on duty; whole on the city’s premises; while operating any city vehicle, machinery, or equipment; or when performing any City business, except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over-the-counter drug used as intended by the manufacturer. Driving While Impaired: A conviction of driving while impaired in a city-owned vehicle at any time during business or non-business hours, or in an employee-owned vehicle while conducting city business, may result in discipline, up to and including discharge. Criminal Drug Convictions: Any employee convicted of any criminal drug statute must notify his or her supervisor and the city’s Assistant City Administrator/Human Resources Division or City Administrator]in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a drug-related conviction, the city will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. In accordance with the Federal Drug- Free Workplace Act of 1988, if the city is receiving federal grants or contracts of over $25,000, the city will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. Failure to Disclose Lawful Drugs: Employees taking a lawful drug, including prescription and over-the-counter drugs or cannabis, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. Page 70 of 124 Review and Notification of Test Results Notification of Negative Test Results: In the case of job applicants and in accordance with Minn. Stat. § 181.953, Human Resources will notify a job applicant of a negative drug result within three days of receipt of result by the city, and the hiring process will resume. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three working days of the confirmatory test result. A “Negative Test Results Notification” form will be sent to the job applicant, and the job applicant may request a copy of the test result report from (Human Resources). In the case of current employees and in accordance with Minn. Stat. § 181.953, (Human Resources) will notify the employee of a negative drug and/or alcohol result within three days of receipt of result by the city. A “Negative Test Results Notification” form will be sent to the employee, and he or she may request a copy of the test result report from Assistant City Administrator/Human Resources or the City Administrator. Notification of Positive Test Results: In the event of a confirmed positive blood or urine alcohol drug, or cannabis test result, the city will notify the employee of a positive result within three days of receipt of the result. Human Resources will send to the employee or job applicant a “Positive Test Results Notification” letter containing further instructions. The employee or job applicant may contact Human Resources to request a copy of the test result report if desired. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three working days of the confirmatory test result. Right to Provide Information after Receiving Test Results: Within three working days after notice of a positive drug, alcohol, or cannabis test result on a confirmatory test, the employee or job applicant may submit information to the city to explain the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an employee submits information either before a test or within three working days after a positive test result that explains the positive test result, (such as medications the employee is taking), the city will not take an adverse employment action based on that information unless the employee has already been under an affirmative duty to provide the information before, upon, or after hire. Right to Confirmatory Retest: A job applicant or employee may request a confirmatory retest of the original sample at the job applicant’s or employee’s own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the job applicant or employee must notify the city in writing of the job applicant’s or employee’s intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the city will notify the original testing laboratory that the job applicant or employee has requested the laboratory to conduct the confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. The original testing laboratory will ensure the control and custody procedures are followed during transfer of the sample to the other laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain all samples Page 71 of 124 testing positive for a period of six months. The confirmatory retest will use the same drug and/or alcohol threshold detection levels as used in the original confirmatory test. In the case of job applicants, if the confirmatory retest does not confirm the original positive test result, the city’s job offer will be reinstated, and the city will reimburse the job applicant for the actual cost of the confirmatory retest. In the case of employees, if the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee, the employee will be reinstated with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the city will reimburse the employee for the actual cost of the confirmatory retest. Access to Reports: In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information contained in his or her personnel file relating to positive test results and to the testing process, including all information gathered as part of that process. Dilute Specimens: A negative or positive dilute test result (following a second collection) which has been confirmed will may subject an employee to discipline, up to and including immediate termination. Consequences for Employees Engaging in Prohibited Conduct Job Applicants: The city’s conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test. Employees: •No Adverse Action without Confirmatory Test. The city will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. •Suspension Pending Test Result. The city may temporarily suspend a tested employee with or without pay or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest, provided the city believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. The employee will be asked to return home and will be provided appropriate arrangements for return transportation to his or her residence. In accordance with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. Discipline and Discharge: Confirmatory Positive Test Result: The city will not discharge an employee for a first confirmatory positive test unless the following conditions have been met: •The city has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as Page 72 of 124 determined by the city after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation by the employee in any recommended substance abuse treatment program will be at the employee’s own expense or pursuant to the coverage under an employee benefit plan. The certified chemical use counselor or physician trained in the diagnoses and treatment of chemical dependency will determine if the employee has followed the rehabilitation program as prescribed; and •The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a refusal to test or positive test result on a confirmatory test after completion of the program. Other Misconduct: Nothing in this policy limits the right of the city to discipline or dismiss an employee on grounds other than a positive confirmatory test result, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other city personnel policies. Emergency Call Back to Work Provisions: If an employee is called out for a city emergency and he or she reports to work and is suspected of being under the influence of drugs, alcohol, or cannabis he or she will not be subject to the testing procedures of this policy but may be subject to discipline and will not be allowed to work. Appropriate arrangements for return transportation to the employee’s residence will be made. It is the sole responsibility of the employee who is under the influence of alcohol, drugs or cannabis and who is called out for a city emergency, to notify his or her supervisor of this information and advise if he or she is unable to respond to the emergency call back. Non-Discrimination The city of Farmington policy on work-related substance abuse is non-discriminatory in intent and application; however, in accordance with Minn. Stat., Ch. 363, disability does not include conditions resulting from alcohol or other drug or cannabis abuse which prevents an employee from performing the essential functions of the job in question or constitutes a direct threat to property of the safety of individuals. Furthermore, the city will not retaliate against any employee for asserting his or her rights under this policy. City’s Employee Assistance Program The city has in place a formal employee assistance program (EAP) to assist employees in addressing serious personal or work-related problems at any time. The city’s EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have an alcohol, cannabis, or other drug abuse problem are encouraged to seek assistance before a problem affects their employment status. Employee assistance program services are available by contacting Health Partners EAP at 866-326-7194. Page 73 of 124 Policy Contact for Additional Information If you have any questions about this policy or the city’s drug, alcohol and cannabis testing procedures, you may contact your immediate supervisor, (Human Resources), or the City Administrator to obtain additional information. By this policy, the city of Farmington has established a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace and its policy of maintaining a drug-free workplace. Each city employee will receive a copy of this policy and will be required to read it. Definitions Alcohol: Means the intoxicating agent in beverage alcohol or any low molecular weight alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer, wine, spirits, and medications such as cough syrup that contain alcohol. Alcohol use or usage: Means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Applicant: Means a person applying for a job with the city. Cannabis: Means cannabis and its metabolites, including cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products as defined in Minn. Stat. § 342.01. Cannabis testing: An analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis flower, as defined in Minn. Stat. § 342.01, subdivision 16, cannabis products, as defined in Minn. Stat. § 342.01, subdivision 20, lower-potency hemp edibles as defined in Minn. Stat. § 342.01, subdivision 50, hemp-derived consumer products as defined in Minn. Stat. § 342.01, subdivision 37, or cannabis metabolites in the sample tested. City: Means the city of Farmington. City premises: Means, but is not limited to, all city job sites and work areas. For the purposes of this policy, city premises also includes any other locations or modes of transportation to and from those locations while in the course and scope of employment of the city. City vehicle: Means any vehicle which employees are authorized to use solely for city business when used at any time; or any vehicle owned or leased by the city when used for city business. Collection site: Means a place designated by the city where job applicants and employees present themselves for the purpose of providing a specimen of their breath, urine, and/or blood to be analyzed for the presence of drugs and alcohol. Page 74 of 124 Confirmatory test: Means a drug, alcohol or cannabis test on a sample to substantiate the results of a prior drug, alcohol test or cannabis on the same sample, and that uses a method of analysis allowed under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Controlled substance: A drug, substance, or immediate precursor in Schedules I through V of Minn. Stat. § 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Drug: Includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as defined in Minn. Stat. § 342.01, subdivision 16, cannabis products as defined in Minn. Stat. § 342.01, subdivision 20, lower-potency hemp edibles as defined in Minn. Stat. § 342.01, subdivision 50, and hemp- derived consumer products as defined in Minn. Stat. § 342.01, subdivision 37. Drug and/or alcohol testing, and drug and/or alcohol test: Mean analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, subd.1, for the purpose of measuring their presence or absence of drugs, alcohol, or their metabolites in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" do not include cannabis or cannabis testing, unless stated otherwise. Drug paraphernalia: Has the meaning set forth in Minn. Stat. § 152.01, subd. 18. Employee: Means a person who performs services for compensation for the city and includes independent contractors except where specifically noted in this policy. Initial screening test: Means a drug and/or alcohol or cannabis test that uses a method of analysis under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Job applicant: Means a person who applies to become an employee of the city and includes a person who has received a job offer made contingent on the person passing drug testing. Positive test result: Means a finding of the presence of alcohol, drugs, cannabis or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in section 181.953, subd. 1. that exceeds the cutoff levels established by the city. Minimum threshold detection levels are subject to change as determined in the city’s sole discretion. Random selection basis: Means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. Reasonable suspicion: Means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Page 75 of 124 Safety-sensitive position: Means a job, including any supervisory or management position, in which an impairment caused by drug, alcohol, and/or cannabis usage would threaten the health or safety of any person. Under the influence: Means (1) the employee tests positive for alcohol drugs, or cannabis or (2) the employee’s actions, appearance, speech, and/or bodily odors reasonably cause the city to conclude that the employee is impaired because of illegal drug use or alcohol use. Page 76 of 124 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 - Mar 18 2024 INTRODUCTION: Approve the appointment of Melissa Geis as a Building Permit Technician and approve the appointment of Carter Hoff, Mason Conrad, Drew Conrad, Carson Spelman and Nathan Bartell as seasonal parks maintenance employees and Connor Lavigne as a seasonal arena supervisor. DISCUSSION: Melissa Geis has been selected to fill the Building Permit Technician position. Melissa has been working for the City for the past few months in the temporary front desk administrative support role. During this time, she has proven her ability to learn quickly, display professionalism as the first point of contact for residents on the phone and in person, and she has quickly gained the respect and trust of City Staff. We are grateful Melissa will be joining our team fulltime! Staff is recommending the appointment of several seasonal employees. The City is fortunate to have several seasonal employees returning to work for the City from last year. BUDGET IMPACT: Wages are included in the 2024 budget. ACTION REQUESTED: Approve the appointment of Melissa Geis as a Building Permit Technician and approve the appointment of Carter Hoff, Mason Conrad, Drew Conrad, Carson Spelman and Nathan Bartell as seasonal parks maintenance employees and Connor Lavigne as a seasonal arena supervisor. Page 77 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Purchase of a Dump Truck Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Dump trucks are critical for winter maintenance but are used year-round in all aspects of public works. This includes hauling of all types of materials such as granular backfill, aggregate base, street sweepings, snow, tree debris, etc. Unit 0708 is a 2002 Sterling Dump Truck. It has exceeded it's expected useful life and is in need of replacement. Public Works Staff have evaluated options and obtained quotes for the recommended equipment. DISCUSSION: Quotes for dump trucks typically involve multiple vendors, one vendor for the cab and chassis, and another for the body. For the cab and chassis, the recommended quote is for a Freightliner 108SD Plus from I-State Truck Center of Inver Grove Heights, Minnesota (MN State Contract T-647(5)). The body quote is from Towmaster of Litchfield, Minnesota (MN State Contract 222949 Amended). Note that the Towmaster quote has a valid thru date of 2/29/24 but we have verified with Towmaster that this pricing has actually been extended through February of 2025. Both quotes are attached. The equipment is expected to be received in 2025. BUDGET IMPACT: The quote pricing is as follows: I-State Truck Center $100,396.00 Towmaster $182,349.00 Total $282,745.00 $300,000 was budgeted for this equipment in 2025 with the funding source identified as the General truck the identified (CIP) Plan Equipment. Capital The for Capital Improvement replacement in 2024, with funding in 2025, recognizing that there is a lengthy lead time for major equipment. Once the new truck is received, the existing unit will be prepared and put up for auction. ACTION REQUESTED: Approve the purchase of a Freightliner 108SD Plus cab and chassis from I-State Truck Center of Page 78 of 124 Inver Grove Heights, Minnesota, and a Towmaster body from Towmaster of Litchfield, Minnesota, for the quoted amounts. ATTACHMENTS: Freightliner Cab and Chassis quote 021424 Towmaster Body quote 011624 Page 79 of 124 Page 80 of 124 Page 81 of 124 Page 82 of 124 Page 83 of 124 Page 84 of 124 Page 85 of 124 Page 86 of 124 Page 87 of 124 Page 88 of 124 Page 89 of 124 Page 90 of 124 Page 91 of 124 Page 92 of 124 Page 93 of 124 Page 94 of 124 Page 95 of 124 Page 96 of 124 Page 97 of 124 Page 98 of 124 Page 99 of 124 Page 100 of 124 Page 101 of 124 Page 102 of 124 Page 103 of 124 Page 104 of 124 Page 105 of 124 Page 106 of 124 Page 107 of 124 Page 108 of 124 Page 109 of 124 Page 110 of 124 Page 111 of 124 Page 112 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Purchase of a Salt Storage Facility Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Salt is currently obtained at the Dakota County facility on CR 50. The long-term planning of the Maintenance Facility campus included salt storage facilities. A new 65' x 112' salt storage facility is proposed consisting of engineered fabric on a steel frame. During the non-salt seasons, the building would be used to store other materials. DISCUSSION: Early last year, in anticipation of Dakota County moving their salt storage and fueling facility from 4975 212th Street West, the City began planning for fueling and salt storage facilities at the Maintenance Facility Campus. Dakota County's facility relocation will be later than originally expected, but Staff continues to move forward with planning for this eventual change. Due to cost increases, the fuel island will not be able move forward in 2024. We will, instead, move forward with the salt storage facility. The City will need to provide a covered facility for salt storage to minimize salt-laden runoff. A new 65' x 112' salt storage facility is proposed consisting of engineered fabric on a steel frame. During the non-salt seasons, the building would be used to store other materials. The final location of the salt building has not been determined but is expected to be in the northeast corner of the paved area north of the Maintenance Facility building. Similar to the State of Minnesota contract, the City also uses Sourcewell for cooperative purchasing contracts. We have had multiple meetings with Greystone Construction with regard to salt storage, and they were able to provide the attached quote via Sourcewell. As stated, the quote is for the fabric structure only. The City will incur additional costs for soil borings, minor site grading, and paving. Staff will also need to obtain appropriate City land use approvals to install the salt storage. BUDGET IMPACT: Greystone Contruction's quote via Sourcewell is $231,030, assuming that the existing soils are not suitable for drilled piers. Soil borings will be obtained to determine if the soils are suitable. American Rescue Plan Act (ARPA) funds will be used for the salt storage facility work. The approved Capital Improvement Plan for 2024-2028 assumed $350,000 in ARPA funds would be used for construction of a fuel island in 2024, and $350,000 in Solid Waste Funds would be used for a salt storage facility in 2025. Instead, ARPA funds will be used to install the salt storage facility Page 113 of 124 in 2024. The cost of the salt storage building from Greystone Construction, together with the site preparation work, is not expected to exceed $295,000. ACTION REQUESTED: Approve the purchase of a Salt Storage Building from Greystone Construction of Shakopee, Minnesota, for the quoted amount of $231,030. ATTACHMENTS: Greystone Salt Storage Building quote 022224 Salt Storage Graphic Page 114 of 124 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor February 22, 2024 John Powell City of Farmington, MN 19650 Municipal Dr Farmington, MN 55024 Re: Sourcewell Proposal – Salt Storage Building Mr. Powell, Thank you for the opportunity to provide a budget proposal to furnish and install a salt storage building in Farmington, MN. A few of the advantages the Greystone team brings to the project include: • Design-Build Experience – Greystone has offered design-build and general construction services for 35 years. • Fabric Building Expertise – Greystone has sold and installed fabric buildings for over 20 years. We’ve successfully completed thousands of fabric building projects. • Engineered Fabric Building – Fabric building will be designed to meet site-specific load requirements including wind, snow and unbalanced loads. • Hot Dipped Galvanized Steel – Fabric building frames are hot dip galvanized post production, after all cutting and welding complete • Self-Performed Work – Greystone has the capability to self-perform the concrete and building installation with our own crews. Often times this allows us to provide the most competitive pricing, maintain quality and hold schedule. Let us know if you have any questions. We look forward to discussing our next steps. Sincerely, Nate Lamusga Business Development Manager Page 115 of 124 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Scope of Work & Pricing to be performed by Greystone Construction Furnish & Install Budget Price: • 65’x112’ Britespan Atlas L10 Series Building • Truss spacing 14’ on center • 12.5 ounce, 23 mil polyethylene Non-FR fabric o Single piece cover design • Building designed per ASCE7-16 (IBC 2018) o Fabric type: ASTM E-84 (NON-FR) o Occupancy category: CAT 1 (LOW HAZARD) o Ground snow load: 50 lbs. o Wind Load: 105 MPH wind o Wind Exposure: C o Site conditions: Ce = 0.9 Exposed o Collateral Load: 0 o No sprinklers o No conveyor loads o Seismic Design Category: B o Stamped engineered building drawings included • (1) Fabric end wall with steel framing with (4) 3’x3’ mesh vent in back end • (1) open end wall • Hot dipped galvanized bolt and purlin upgrades • Building to be installed on concrete drilled pier foundations. Piers to extend 2’ above grade on three sides. o Engineered foundation drawings o Assumes existing soils has minimum bearing capacity of 2,500 PSF o Assumes soils are suitable for drilled piers, cast against earth, maximum 8’ deep • Approximately 280 lineal feet of 8’ tall pre-cast concrete bunker “L” panels with corrosion inhibiter • Hot dipped galvanized anchor bolts • Freight allowance of $3,500 included o Contract will be updated to reflect actual freight amount at time of shipment • Provide all necessary labor and equipment to complete items noted above • Includes payment and performance bonds • Unless noted otherwise proposal pricing is valid for 15 days • Approx. 3,050 tons of salt storage capacity o 32 degree angle of repose o 80 lbs/cubic foot product weight Sourcewell Furnish & Install Price: $227,930 Add Alternate Building Option: • Pad and Pier foundation, if soils are not suitable for drilled piers o Pending Soils Report Add Alternate Budget Price: ADD $3,100 See exclusions on last page Page 116 of 124 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Market Provisions: • Greystone is committed to being your trusted team partner on your project. We are asking all of our clients recognize the volatility of our markets and understand we are providing current pricing for budgeting purposes with the need to adjust final projec t pricing based on the markets at the actual time of the order. It’s important to provide you with the best value for your project, and we do not want to speculate where the actual market rates will be at the time of procurement and/or delivery. • Pricing is based on current market conditions and does not include future tariffs, surcharges, price escalation, or fees. (i.e., many wholesalers and manufacturers are not committing to pre-determined pricing for pre-ordered materials. These materials are priced at the time of the delivery.) Due to extremely volatile markets, pricing shall be re- evaluated at time of procurement and/or delivery. Any savings or additional cost would be communicated with Owner prior to procurement and/or delivery. • Price increases will be assigned as contingency. Unless Greystone specifically outlines a contingency value in our proposal or scope of work, it is recommended that the Owner carry a contingency. • Construction schedule may be affected by material shortages or lead times beyond our control. Any shortages or lead time issues will be communicated with the owner. Evaluation of alternatives will be reviewed, and the contract schedule or costs may be adjusted accordingly. Page 117 of 124 (888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor Exclusions – Items not included, but may apply to overall project: • Architectural and Civil Engineering • Sales Tax on Materials • Permits & Fees • Prevailing wage rates and Union labor • Cat II occupancy and FR Fabric • US Steel – Building is fabricated in Canada using Canadian steel • Alternate foundation design if proposed design isn’t suitable for existing site • Testing & special inspections by owner – Soil borings, soils testing, concrete testing, bolt inspection, etc • Site work including, but not limited to: soil corrections, granular base material under floor and bunker panels, excavation and backfill, site prep, import or export of materials, dewatering, etc • Assumed building has 50’ clear on all four sides for staging/erection and building engineering requirements • Site specific safety requirements • Bituminous paving or concrete – interior and exterior slabs and aprons • Exterior aprons & stoops at doors • Geotextile liner under building • Doors – Overhead & personnel • Insulation, interior liner panel or stainless steel cables • All electrical & mechanical systems • All winter conditions Page 118 of 124 NOT FOR CONSTRUCTION DR A W N B Y : CH K ' D B Y : DA T E : A1 ML 12 - 7 - 2 0 NO T F O R C O N S T R U C T I O N XX Pa g e 1 1 9 o f 1 2 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Purchase of a Tandem Roller Meeting: Regular Council - Mar 18 2024 INTRODUCTION: Unit 0732 is a 2000 Wacker Roller. It has reached the end of its useful life and is in need of replacement. The frame has cracked and has been welded together in multiple locations more than once. Staff has evaluated equipment options and costs and recommends replacement. DISCUSSION: A roller compactor is a necessary piece of equipment for the compaction of roadway materials and backfill, which is a part of ongoing roadway maintenance. Public Works Staff obtained quotes from four vendors for tandem rollers. It is recommended the City purchase a Wacker Neuson RD12L-90 Tandem Roller from Tri-State Bobcat in Burnsville, MN. This piece of equipment will meet our needs and had the lowest quoted price. Equipment delivery is expected early this summer. BUDGET IMPACT: The total quote amount is $19,900 as shown on the attached quote. $60,000 was identified in the approved Capital Improvement Plan for purchase of this equipment in 2024 with the General Capital Equipment Fund as the funding source. ACTION REQUESTED: Approve the purchase of a Wacker Neuson RD12L-90 Tandem Roller from Tri-State Bobcat in Burnsville, Minnesota, for the quoted amount. ATTACHMENTS: Roller Quote Tri-State 011124 Page 120 of 124 Page 121 of 124 Page 122 of 124 Page 123 of 124 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Parks and Recreation Department’s 2023 Annual Report and 2024 Goals Meeting: Regular Council - Mar 18 2024 INTRODUCTION: The Parks and Recreation Department (Department) staff members have compiled an annual report identifying the Department’s accomplishments in 2023 and looking forward to 2024. This is the 21st consecutive year the Department has created an annual report. DISCUSSION: Each year, the Department creates an annual report about the following: •Programs and events offered •Parks, trails, and facilities projects completed •Maintenance work performed in parks, on trails, and in facilities and Kohlbeck, Missie Supervisor Recreation Jeremy Supervisor Facilities and Parks Pire, Recreation Supervisor Emilee Shearer will be in attendance to help present the annual report. I would like to recognize and thank Recreation Supervisor Kohlbeck who took the responsibility to acquire the information from other Department staff members and then develop this information into the annual report. ACTION REQUESTED: The City Council is asked to listen to the annual report presentation and ask any questions they have during and/or after the presentation has been made. This item is for informational purposes only. Page 124 of 124