HomeMy WebLinkAbout09.03.24 Council PacketMeeting Location:
Farmington City Hall, Council
Chambers
430 Third Street
Farmington, MN 55024
CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, September 3, 2024
7:00 PM
Page
1.CALL TO ORDER 7:00 P.M.
2.PLEDGE OF ALLEGIANCE
3.ROLL CALL
4.APPROVE AGENDA
5.ANNOUNCEMENTS / COMMENDATIONS
6.CITIZENS COMMENTS / RESPONSES TO COMMENTS
(This time is reserved for citizen comments regarding non-agenda items. No
official action can be taken on these items. Speakers are limited to five minutes
to address the city council during citizen comment time.)
7.CONSENT AGENDA
7.1. Minutes of the Council Work Session Dated August 5, 2024
Agenda Item: Minutes of the Council Work Session Dated August 5,
2024 - Pdf
4 - 6
7.2. Minutes of the Regular City Council Meeting Dated August 5, 2024
Agenda Item: Minutes of the Regular City Council Meeting Dated August
5, 2024 - Pdf
7 - 13
7.3. Minutes of the Joint ISD 192 School Board and City Council Work
Session Dated August 21, 2024
Agenda Item: Minutes of the Joint ISD 192 School Board and City
Council Work Session Dated August 21, 2024 - Pdf
14 - 17
7.4. Ordinance Amendment to City Code Section 10-6-3 in Relation to
Election Signs
Agenda Item: Ordinance Amendment to City Code Section 10-6-3 in
Relation to Election Signs - Pdf
18 - 19
7.5. Financial Review for the Quarter Ending June 30, 2024 20 - 35
Page 1 of 162
Agenda Item: Financial Review for the Quarter Ending June 30, 2024 -
Pdf
7.6. Payment of Claims
Agenda Item: Payment of Claims - Pdf
36 - 37
Payment of Claims
7.7. Staff Changes and Recommendations
Agenda Item: Staff Changes and Recommendations - Pdf
38
7.8. Agreement with J&W Asphalt for Infrared Trail Repair at Prairie
Waterway
Agenda Item: Agreement with J&W Asphalt for Infrared Trail Repair at
Prairie Waterway - Pdf
39 - 49
7.9. Resolution Declaring Surplus Property and Authorizing Disposal (Parks
and Recreation)
Agenda Item: Resolution Declaring Surplus Property and Authorizing
Disposal (Parks and Recreation) - Pdf
50 - 51
7.10. Settlement Agreement and Release of Claims
Agenda Item: Settlement Agreement and Release of Claims - Pdf
52 - 57
7.11. Professional Services Agreement with Barr Engineering for the Industrial
Park Ditch Cleanout
Agenda Item: Professional Services Agreement with Barr Engineering
for the Industrial Park Ditch Cleanout - Pdf
58 - 90
7.12. Professional Services Agreements with Advanced Engineering and
Environmental Services (AE2S) for the Well 1 Abandonment
Agenda Item: Professional Services Agreements with Advanced
Engineering and Environmental Services (AE2S) for the Well 1
Abandonment - Pdf
91 - 108
7.13. Well 5 Retaining Wall Repair - Final Payment and Change Order No. 1
Agenda Item: Well 5 Retaining Wall Repair - Final Payment and Change
Order No. 1 - Pdf
109 - 122
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
11. UNFINISHED BUSINESS
12. NEW BUSINESS
12.1. Pilot Knob Road Trail Preliminary Design Feasibility Report
123 - 162
Page 2 of 162
City Council is asked to listen to the presentation, ask any questions you
have, and discuss.
Agenda Item: Pilot Knob Road Trail Preliminary Design Feasibility
Report - Pdf
13. CITY COUNCIL ROUNDTABLE
14. ADJOURN
Page 3 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the Council Work Session Dated August 5, 2024
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
For Council approval are the minutes of the Council Work Session dated August 5, 2024.
ACTION REQUESTED:
Approve the minutes of the August 5, 2024 Council Work Session.
ATTACHMENTS:
08.05.24 Work Session Minutes
Page 4 of 162
Work Session Minutes of August 5, 2024 Page 1 of 2
City of Farmington
City Council Work Session Minutes
Monday, August 5, 2024
The City Council met in a Work Session on Monday, August 5, 2024, at Farmington City
Hall, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the Work Session to order at 5 pm.
Members Present: Mayor Joshua Hoyt
Councilmembers Katie Bernhjelm, Holly Bernatz, Nick Lien,
and Steve Wilson
Members Absent: None
Staff Present: Lynn Gorski, City Administrator
Deanna Kuennen, Community & Economic Development Director
Kim Sommerland, Finance Director
Matt Price, Fire Chief
Kellee Omlid, Parks & Recreation Director
Gary Rutherford, Police Chief
Jim Constantineau, Deputy Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
2. APPROVE AGENDA
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays
3. DISCUSSION ITEMS
3.1 Proposed 2025 Preliminary Budget
Administrator Gorski thanked the Team for working together and coming together
to prioritize the budget. She also thanked Council for allowing us to do what we
need to do.
Director Sommerland presented the 2025 Preliminary Budget with a proposed
8.56% increase.
Council discussed, asked questions, and received answers.
Page 5 of 162
Work Session Minutes of August 5, 2024 Page 2 of 2
Council Direction:
Staff to look at areas where Solid Waste funds could be moved to reduce the
budget. Staff will bring this back to the September work session for another
discussion prior to setting the preliminary levy.
4. COUNCIL COMMITTEE UPDATE
No update.
5. CITY ADMINISTRATOR UPDATE
No update.
6. ADJOURNMENT
Motion was made by Councilmember Bernatz and seconded by Councilmember Lien
to adjourn the meeting at 6:22 p.m.
Motion carried: 5 ayes / 0 nays
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 6 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the Regular City Council Meeting Dated August 5, 2024
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
For Council approval are the minutes of the August 5, 2024 Regular City Council Meeting.
ACTION REQUESTED:
Approve the minutes of the August 5, 2024 Regular City Council Meeting.
ATTACHMENTS:
08.05.24 Council Minutes
Page 7 of 162
Regular City Council Meeting Minutes of August 5, 2024 Page 1 of 6
City of Farmington
Regular Council Meeting Minutes
Monday, August 5, 2024
The City Council met in regular session on Monday, August 5, 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, Katie Bernhjelm, Nick Lien,
and Steve Wilson
Members Absent: None
Staff Present: Lynn Gorski, City Administrator
Amy Schmidt, Attorney
Deanna Kuennen, Community & Economic Development Director
Kim Sommerland, Finance Director
Matt Price, Fire Chief
Kellee Omlid, Parks & Recreation Director
Tony Wippler, Planning Manager
Gary Rutherford, Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
Also Present: Alan Catchpool, Kimley-Horn
Ashley Payne, Kimley-Horn
Jacob Steen, Larkin Hoffman, representing TRACT
4. APPROVE AGENDA
Motion was made by Councilmember Bernatz and seconded by Councilmember Lien
to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays
5. ANNOUNCEMENTS / COMMENDATIONS
Page 8 of 162
Regular City Council Meeting Minutes of August 5, 2024 Page 2 of 6
6. CITIZENS COMMENTS / RESPONSES TO COMMENTS
• Kathy Thompson, 22280 Baring Avenue, Farmington, addressed the Council
regarding 1) a letter she sent to the Council regarding representation for
Alternative Urban Areawide Review (AUAR), process, and details of the AUAR;
and 2) July 16 letter from the Department of Nat ural Resources regarding
wetlands.
7. CONSENT AGENDA
7.1 Appointment of Additional Election Judges for the 2024 Election Cycle;
Resolution 2024-66
7.2 Minutes of the July 1, 2024 City Council Work Session
7.3 Minutes of the July 1, 2024 Regular City Council Meeting
7.4 Minutes of the July 15, 2024 Regular City Council Meeting
7.5 Resolution 2024-72 Approving the Development Contract Along with the
Conveyance of Real Property – Vermillion River Crossings Third Addition
7.6 Payment of Claims
7.7 Deputy Fire Chief Job Classification
7.8 Resolution 2024-68 Declaring Items as Surplus and Authorizing Disposal –
Playground Castle Playground Equipment
7.9 Resolution 2024-67 Accepting Donations to the Parks and Recreation
Department for Movies and Music in the Park
7.10 Resolution 2024-65 Declaring Items as Surplus and Authorizing Disposal – 2020
Ford Explorer
7.11 Final Acceptance of Public Streets and Utilities and Release of Securities – Vita
Attiva at South Creek Third Addition
7.12 Acceptance of Bids and Award of a Contract for Construction of the 2024 Mill &
Overlay Project to McNamara Contracting of Rosemount in the Amount of
$541,050
7.13 Resolution 2024-69 Declaring Items as Surplus and Authorizing Disposal:
2000 Wacker Roller, 1997 Chevrolet Pickup Truck, 2001 Sterling Vactor,
Transmission Jack, Wheel Lift Jack, JAMAR Technologies Data Recorders
(five), Ulrich Plan Holder File, and SAFCO Plan Hanging File
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to approve the Consent Agenda, as presented.
Motion carried: 5 ayes / 0 nays
8. PUBLIC HEARINGS
8.1 Vacation of Drainage and Utility Easement within Vermillion River Crossings Plat
Planning Manager Wippler presented.
Mayor Hoyt opened the public hearing at 7:05 pm. Seeing no one wishing to
speak, Mayor Hoyt closed the public hearing at 7:07 pm.
Page 9 of 162
Regular City Council Meeting Minutes of August 5, 2024 Page 3 of 6
Motion was made by Councilmember Wilson and seconded by Councilmember
Lien to adopt Resolution 2024-70 Vacating Existing Drainage and Utility
Easement Vermillion River Crossings.
Motion carried: 5 ayes / 0 nays
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
11. UNFINISHED BUSINESS
12. NEW BUSINESS
12.1 Resolution 2024-71 Adopting a Final Order and Record of Decision for an
Alternative Urban Areawide Review (AUAR) for the Farmington Technology Park
Project
Director Kuennen presented.
Mayor Hoyt addressed the question or concern brought up during Citizen
Comments:
• The difference in the wetland area being depicted on one page and not
the other page is; in defining the study area, they’re using the parcel
outline, not showing anything within it. They’re just saying, this is the
area.
• Under the development scenario, they’re showing impact areas. So
they’re showing the wetlands.
• When it came to the two proposed uses, there is one that is in the current
2040 comp plan and then one on the proposed usage. Whenever an
AUAR is submitted, it has to be submitted with two intended us es and
we’re doing those: the one that was currently laying in the comp plan and
the one that has been talked about with TRACT.
• A scoping document is setting the guardrails – the State requires eight to
ten different entities: the Minnesota Pollution Control Agency, the City of
Farmington, Dakota County, the Army Corps of Engineers, a whole list of
people that, in the initial scoping document, need to consider things we
may already be aware of when it goes out, the actual environmental
review is done, and the study is completed. There are things they may
find; some may be small, or some may be significant in impact. It’s
information that we’re going to learn. In turn, that develops the mitigation
strategy as needed. In no way shape or form can anybody circumvent an
AUAR and not do what is listed. If there is an issue, it must be addressed
in order for the development to move forward.
Director Kuennen added that this is a planning document. It does not approve or
deny projects. We are looking to understand what the impacts would be for
Page 10 of 162
Regular City Council Meeting Minutes of August 5, 2024 Page 4 of 6
potential development scenarios. It’s fully identified by the State. This AUAR is no
different than any of the other AUAR’s that get processed by the State. The
required agencies need to weigh in on it and the scoping document is just that. It
identifies the scope of the project, focusing on what the scenarios will be that get
looked at as part of it, and what you see in it is all the ‘chapters,’ for lack of a better
term, identifying all of the required elements that must be addressed in the actual
document.
Motion was made by Councilmember Lien and seconded by Councilmember
Bernatz to adopt Resolution 2024-71 Adopting a Final Order and Record of
Decision for an Alternative Urban Areawide Review (AUAR) for the Farmington
Technology Park Project.
Motion carried: 5 ayes / 0 nays
13. CITY COUNCIL ROUNDTABLE
Attorney Schmidt:
I’m glad to be here and will fill in for Leah this week. She will be back in a couple of
weeks. Thank you for having me.
Councilmember Lien:
Everybody get out and enjoy the fair and be safe.
Also, there is a small group of people who call themselves Elves to the Rescue.
They were in Rambling River Park last week handing out school supplies to anyone
that walked up and wanted pencils, notebooks, etc. I thought that was really nice
and wanted to say thank you for being that part of the community that we like around
here.
Councilmember Bernatz:
Just a reminder that it is still severe weather season. If you hear sirens, take cover.
Nine times out of ten, it’s not near your house. Sometimes we forget that things can
happen, but if you find yourself in a space where there is sever e weather coming
and the sirens go off, that is not the time to go out to your porch to see what’s on.
It is the time to go and take cover.
Councilmember Bernhjelm:
Tomorrow is National Night Out. I hope everyone gets an opportunity to get outside,
talk to your neighbors, say hi to folks on your street, and enjoy the evening.
Hopefully we have some nice weather.
Clerk Buecksler:
Election Day is next Tuesday, August 13th. Polls will be open from 7 am to 8 pm. If
voters cannot get to the polling site on Election Day, we are open Monday through
Friday 8 am to 4:30 pm, as well as this Saturday from 9 am to 3 pm, and Monday
until 5 pm.
Page 11 of 162
Regular City Council Meeting Minutes of August 5, 2024 Page 5 of 6
Director Kuennen:
There are a lot of great things happening in this community and sometimes we have
an opportunity to celebrate those. This week we have two groundbreakings for
some projects that will be great additions to this community:
Denmark Trail Townhome groundbreaking is tomorrow at 1 pm. This project
is a 40-unit workforce townhome project providing one, two, three, and four
bedroom units. It’s the second Community Development Authority
community here in Farmington, and a great addition to this community.
On Thursday, the Farmington Health Services Trinity Campus will have a
groundbreaking to celebrate their expansion. This expansion will provide
both new rooms and a new nursing station, as well as other upgrades. We
are always grateful for people to invest in our community, and it’s wonderful
to see our existing businesses like Trinity making expansions, and we get
the opportunity to celebrate with them.
Director Powell:
With your action this evening, construction activity and footing foundation type work
for Yellow Tree will start almost immediately. We will be installing traffic control at
the Dushane and Spruce intersection to shift both lanes of traffic to the east side of
the square-about to clear the west side for their construction activity. That will likely
be installed on Wednesday, and we will have information on the website.
The 2025 Street Improvement Project has already kicked off. We sent a letter to
the residents generally in the Sunnyside neighborhood, with a survey to ask what
issues they’ve been dealing with and if they had any utility service issues. We will
have our initial neighborhood meeting within the next two to four weeks.
Director Omlid:
On tonight’s Consent Agenda, Council approved a donation resolution for movies
and music in the park. I want to thank all of our sponsors. We couldn’t do those
programs without their contribution: Castle Rock Bank, ChemQuest, Farmington
Youth Hockey Association, Premier Banks, The Legacy, VFW Post #7662, and
Marschall Line. Thank you for your contributions to music and movies in the park.
To celebrate the newest park to Farmington, Flagstaff Meadows will have a ribbon
cutting next Wednesday, August 14th, at 6 pm. This is the new park just south of
Farmington High School, and we hope you can join us for the celebration.
Chief Price:
This Saturday from 11 am to 3:30 pm is Public Safety Day at the fair, so we
encourage everyone to come out to meet all the Firefighters from Dakota County,
not just your Farmington Firefighters.
Page 12 of 162
Regular City Council Meeting Minutes of August 5, 2024 Page 6 of 6
Chief Rutherford:
It is Dakota County Fair week, so much like during Dew Days, there ’s going to be
a ton of extra traffic, a lot of pedestrians particularly crossing Ash Street, so please
be careful.
Tomorrow is National Night Out, so we will see a whole bunch of you tomorrow
evening.
Mayor Hoyt:
It’s fair time, so a busy week. For anyone living within a mile’s distance, there are
derbies on Friday and Saturday night. It’s normal and part of the process. If you can
avoid Ash Street this week, by all means please do so. We are going to blink and
it’s Labor Day, so get out and enjoy as much of August as you can before the kids
get back in school.
We have more great signs of a growing community with ribb on cuttings,
groundbreakings, and investments in the community. Farmington is a great city to
live in, and there are a lot of great things that happen. It ’s fun to continue to see that
come up.
Get out and enjoy the fair and have fun.
14. ADJOURNMENT
Motion was made by Councilmember Bernatz and seconded by Councilmember
Wilson to adjourn the meeting at 7:28 pm.
Motion carried: 5 ayes / 0 nays
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 13 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the Joint ISD 192 School Board and City Council Work Session Dated
August 21, 2024
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
For Council approval are the minutes of the Joint ISD 192 School Board and City Council Work
Session dated August 21, 2024.
ACTION REQUESTED:
Approve the minutes of the August 21, 2024 Joint ISD 192 School Board and City Council Work
Session.
ATTACHMENTS:
08.21.24 Joint School Board-Council Work Session Minutes
Page 14 of 162
Joint ISD 192/Council Work Session Minutes of August 21, 2024 Page 1 of 3
City of Farmington
Joint ISD 192 School Board and City Council Work Session Minutes
Wednesday, August 21, 2024
The City Council met in a Joint Work Session with the ISD 192 School Board on
Wednesday, August 21, 2024, at Farmington City Hall, 430 3rd Street, Farmington,
Minnesota.
1. CALL TO ORDER
The Joint Work Session was called to order by Mayor Hoyt and Chair Simmons at
5:30 pm. Both Council and School Board Members introduced themselves.
Members Present:
City Council
Mayor Joshua Hoyt
Councilmembers Nick Lien and Steve Wilson
School Board
Chair Hannah Simmons
Board Members Kyle Christensen, Becky DeWilde, Melissa Gorman,
and Dr. Maggie Storlie
Members Absent:
City Council
Councilmembers Katie Bernhjelm and Holly Bernatz
School Board
Board Member Jacilyn Doyle
City Staff Present:
Lynn Gorski, City Administrator
Julie Flaten, Assistant City Administrator & HR Director
Deanna Kuennen, Community & Economic Development Director
Kim Sommerland, Finance Director
Matt Price, Fire Chief
Kellee Omlid, Parks & Recreation Director
Gary Rutherford, Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
ISD 192 Staff Present:
Superintendent Jason Berg
Jane Houska, Finance Director
Dan Miller, Director of Operations
Lori Jensen, Executive Assistant
Page 15 of 162
Joint ISD 192/Council Work Session Minutes of August 21, 2024 Page 2 of 3
2. APPROVE AGENDA
Motion was made by Councilmember Wilson and seconded by Councilmember Lien to
approve the agenda, as presented.
Motion carried: 3 ayes / 0 nays
Motion was made by Board Member Christensen and seconded by Board Member
Gorman to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays
3. DISCUSSION ITEMS
3.1 Joint Discussion with Farmington City Council and Independent School District
192 School Board Members
Superintendent Berg presented information on the School District’s
demographics, enrollment update, and school finance.
Administrator Gorski and Director Kuennen presented the City ’s Community
Vision and City Priorities.
Mayor Hoyt – I propose that the School Board and City Council meet twice each
year, about March and August.
Chair Simmons – there was a lot of enthusiasm from the Board to get together
and collaborate and in a different and more meaningful way than we have in the
past.
Councilmember Lien – I appreciate and fully support the work being done by the
Board and am in support of the levy.
Councilmember Wilson – my daughter graduated so this is my first year without
a direct impact, but I’m still invested in the community just as much as I was in
previous years. Having lived in District 196, you unfortunately need to push that
pain button even though it can be uncomfortable. It’s important for communities
to have that component as part of your overall funding. Whatever we can do to
help you out, and in our own conversations with others, I encourage the Board
to continue sharing information on the levy and try to get folks to listen. Also of
note, the City is just at the beginning stages of the proposed data center parks.
This project will have to go through the Planning Commission before it comes to
City Council.
Chair Simmons – the overall benefit that a school district provides to the
community, not just those who have learners directly in the curriculum, is so
important to highlight. You can look at the tangibles from rental space or the ways
that high school seniors are connected back to providing services and support
through volunteerism in the community, but it really is so important for all of us.
And when we’re talking about the support and the importance of talking with our
Page 16 of 162
Joint ISD 192/Council Work Session Minutes of August 21, 2024 Page 3 of 3
community members, I think it can’t be overstated the importance of the
conversations as Steve mentioned. Last year, we all talked to as many people
as we could and then followed up with people after who said they didn ’t know
there was a referendum or a levy and asked where they would have heard about
it. We said we’ve been talking about it at the Board for months, the
Superintendent sent emails directly to families, principals put it in newsletters,
there was a direct mailing to everyone’s home, and one of the things people said
was they didn’t see any yard signs. That’s a tangible thing that people didn’t see
that we talked about as a district in terms of cost for those types of things. It
doesn’t make a lot of sense, and the people who did vote and shared feedback
with us said the reason they did is because someone they cared about, whether
it was a teacher, friend, colleague, or a neighbor, told them this is on the ballot
and it’s really important that you get out and vote for this. I appreciate your
support and the opportunity that you see with your friends, colleagues, and
neighbors to talk about it and to help raise awareness, recognizing that we can
do everything we have planned through our communication plans.
4. COUNCIL COMMITTEE UPDATE
No update.
5. CITY ADMINISTRATOR UPDATE
No update.
6. ADJOURNMENT
Motion was made by Councilmember Wilson and seconded by Councilmember Lien to
adjourn the meeting at 7:32 pm.
Motion carried: 3 ayes / 0 nays
Motion was made by Board Member Christensen and seconded by Board Member
Storlie to adjourn the meeting at 7:32 pm.
Motion carried 5 ayes / 0 nays
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 17 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Jared Johnson, Planning Coordinator
Department: Community Development
Subject: Ordinance Amendment to City Code Section 10-6-3 in Relation to Election Signs
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
With election season in full swing, Staff is proposing a minor ordinance amendment to align with
State Statute regarding the allowable time to post and remove election signs for State General
Election years.
DISCUSSION:
City Code Section 10-6-3 (B.1.f) currently allows election signs to be posted 60 days prior to any
election and must be removed seven days after the election. However, Minnesota Statute Section
211B.045 states election signs for State General Election years are allowed to be posted 46 days
prior to the State Primary in a State General Election year and must be removed ten (10) days after
the State General Election.
City Code does not align with State Statute when it comes to posting and removal of election signs
for State General Election years. Therefore, Staff is proposing the attached ordinance amendment
that adds language referring to State Statute for the allowable time to post and remove election
signs for State General Election years while keeping the existing code for non-General Elections.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve Ordinance 2024-09 Amending Title 10, Chapter 6, of the Farmington City Code as it
Relates to the Allowable Time for Posting and Removal of Election Signs.
ATTACHMENTS:
2024-09 Amending Title 10 Ch 6, Election Signs
Page 18 of 162
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE 2024-09
AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, OF THE FARMINGTON
CITY CODE AS IT RELATES TO THE ALLOWABLE TIME FOR POSTING AND
REMOVAL OF ELECTION SIGNS
The City Council of the City of Farmington ordains:
SECTION 1. Title 10, Chapter 6, Section 3, Subsection (B.1.f) of the Farmington City Code is
hereby amended by adding the underlined language as follows:
10-6-3: SIGNS AND BILLBOARDS
1. Signs Permitted in All Zoning Districts:
(f) Election Signs: Election signs shall be permitted on private property in any
zoning district with the expressed consent of the owner or occupant of such
property. The following conditions apply:
(1) Such signs may not be posted more than sixty (60) days prior to the
election and must be removed by those responsible for the erection of the
sign or the property owner within seven (7) days following the election. For
state general election years, the allowable time to post signs before the
election and for the removal of such signs after the election shall comply
with Section 211B.045 of Minnesota State Statue.
SECTION 2. 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 3rd day of September 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 19 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Financial Review for the Quarter Ending June 30, 2024
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
other various and Fund General the review funds' quarterly a provides Staff of financial
performance for the City Council. The financial statements for the second quarter of 2024 are being
provided for your consideration. Additionally, a summary of current investment and cash balances
has been included.
DISCUSSION:
In addition to the quarterly statements, a summary of the investment portfolio and cash balances is
included for review.
Cash & Investments
As of June 30, the market value of the City's investment portfolio stands at approximately $57
million. This reflects a difference of about $1 million below the book value. It is important to note
that, since the City’s investments are intended to be held until maturity and will earn the specified
rate of interest, this discrepancy does not represent a realized loss.
Investments by Sector: The City’s investments include certificates of deposit, money
market Sector Treasuries. U.S. bonds, and U.S. securities, municipal funds, agency
distribution ranges from 9% in U.S. Treasuries to 27% in U.S. agency bonds.
Investments by Maturity Range: The portfolio’s current investment maturities do not
exceed five years, with the majority maturing in less than one year.
Balances by Fund: Approximately 70% of the City’s cash is held in the Enterprise and
Capital Project Funds. The remaining balances are distributed across the other funds,
including 14% in the General Fund.
A summary of the General Fund and notable items for the other funds are highlighted below.
General Fund
The General Fund serves as the City’s main operating account. The following provides a summary
of the revenue streams and significant expenditure variations for the 2024 fiscal year through June
30.
Page 20 of 162
Revenue
The total budgeted revenue for the General Fund in 2024 is $18,884,407, including transfers. By
the end of the second quarter, the City had received $7,712,404, which represents 59.64% of the
annual budgeted revenue.
The majority of the General Fund revenue comes from property taxes. These taxes are usually paid
by property owners in two installments (May and October) and collected by the county. The City
receives its share from the County in June and December.
Other revenue sources for the General Fund include licenses, permits, intergovernmental funds,
service charges, fines, investment income, franchise fees, rental income, and miscellaneous
revenues:
Licenses: Revenue from liquor, beer and wine, tobacco, and massage licenses totaled
$27,750 by the second quarter, accounting for 67.52% of the budgeted amount. This figure
is consistent with the previous year.
Permits: Revenue from various permits, such as building, plumbing, heating, electric, and
right-of-way permits, reached $499,691 by the second quarter of 2024, up from $242,426
during the same period in 2023. This increase is primarily due to a rise in building permit
revenues, which amounted to $411,944. The majority of the fees came from Ebert ($77,800),
Lennar ($75,700), DR Horton ($49,200), and M/I Homes ($47,800).
Intergovernmental Revenue: This includes municipal state aid (MSA) maintenance, police
and fire aid, and various grants. The City has received the first installment of MSA
maintenance funds for 2024, with the second installment expected in July. Most other
intergovernmental revenues are anticipated later in the year.
Charges for Services: These include fees for fire protection, engineering, recreation, and
school resource officer (SRO) services. Significant revenues come from fire protection fees
for Castle Rock and Eureka Townships, and the City of Empire. A shift to billing Empire
throughout the year rather than at year-end has contributed to the increase compared to
2023. Public Safety revenues also include quarterly payments from schools for SRO
personnel costs. The bulk of Public Works revenue comes from engineering fees, which
include Denmark as such projects for Housing, administration contract 3% a fee,
Meadowview Preserve, and Vermillion Commons. Additionally, revenue from park and
recreation programs, primarily offered during the summer, has shown a modest increase
compared to the same period last year.
Fines: Fines are recorded in the month following the infraction. Current fine revenues
exceed the prior year’s by approximately $3,100.
IncomeInvestment and portfolio investment City’s the from earnings This : includes
adjustments for market value. Investment income is currently trending higher than in 2023,
based on average monthly cash balances.
Rental Revenue: This consists of fees from renting the Rambling River Center (RRC), City
Hall space to the USDA, and Fire Station space to Allina Health.
Franchise Fees: These fees are partially allocated to the General Fund to support City
operations, with the remainder funding the City’s cable operations. Franchise fee revenue
has been declining.
Other Revenue: This category includes donations, asset sales, and miscellaneous revenues
not classified elsewhere.
Expenditures
As of the second quarter of 2024, General Fund expenditures, including transfers, have reached
52.44% of the annual budget. Below are explanations for departments experiencing expenditures
Page 21 of 162
trending higher than budget:
Administration Department: City Hall costs have reached 93.24% of the annual budget,
primarily due to the USDA buildout construction costs, which total approximately $198,000.
Finance: Expenditures are exceeding budget projections due to costs associated with
professional in Increases plan. financial Risk a developing for services long-term
Management are attributable to higher property and liability insurance premiums.
Police Administration: Costs are trending higher than budgeted figures due to expenditures
on legal, contractual, and professional services.
EDA, Park Improvement, and Ice Arena
The EDA (Economic Development Authority), Park Improvement Fund, and Ice Arena activities
have historically been of interest to the City Council and, therefore, are included for review.
EDA (Economic Development Authority): For the second quarter, EDA revenues consist
solely of interest income. Expenditures mainly include costs for professional services,
membership fees, and marketing efforts.
Park Improvement Fund: Revenues are primarily from park dedication fees related to
projects at Denmark House, Meadowview Preserve, and Vermillion Commons. Excluding
transfers, expenditures to date are limited to the Park Dedication study and a portion of the
poured playground surface at Rambling River Park.
Ice Arena: User fees, the main revenue source for the ice arena, are slightly lower
compared to the same period last year. However, operational expenditures have decreased
due to a solar refund offsetting utility costs.
Enterprise Funds
The City operates five utility funds: liquor operations, sewer operations, storm water, water, and
street lighting.
Liquor Operations: The City’s benchmarks for liquor operations include a 25% gross profit
margin, which both stores have met for the second quarter. The second benchmark is a 6%
profit margin as a percentage of sales, with an actual figure of 8.7% through the second
quarter. Sales have increased by $122,539 (6.46%) compared to the previous year. Notable
sales growth occurred at the downtown store ($65,051) and Pilot Knob store ($57,488) in
comparison to the same 2023 period.
Sewer Operations: Revenues for the Sewer fund have seen a modest increase compared
to 2023, driven by higher rates. Expenses have also increased, primarily due to higher
Metropolitan Council Environmental Services (MCES) fees for wastewater treatment and the
purchase of a vactor truck.
Storm Water: Revenues have seen a slight increase due to a rate increase. Expenses have
also risen slightly compared to the previous year, primarily due to professional services for
an industrial park drainage study.
Water: Revenue from charges for service is higher than last year, driven by a rate increase
and sales of water meters. Though, rental income from tower leases is behind compared to
2023 levels. Expenses have increased due to the purchase of water meters and construction
contracts.
Streetlight: Revenue from streetlight fees is trending slightly higher, while expenses are
lower than in 2023. Electrical expenses have decreased compared to the previous year.
Page 22 of 162
BUDGET IMPACT:
The budget impacts have been noted above as appropriate.
ACTION REQUESTED:
Review and acknowledge the financial reports for the quarter ending June 30, 2024.
ATTACHMENTS:
6-June 2024 Financial Reports
Page 23 of 162
Summary Financial Report
For the Quarter Ended June 30, 2024
Investment Portfolio as of 06/30/2024
Book Value
$ 58,021,285
Market Value $ 56,957,022
Unrealized Gain (Loss) ($ 1,064,263)
Notes
An unrealized loss is a decrease in the value of an investment that an investor holds. A gain or loss becomes
realized when the investment is actually sold. The City’s investments in certificates of deposit, municipal securities,
and government securities are not intended to be sold, but instead held to maturity earning the specified rate of
interest.
18%
25%
21%
27%
9%
City of Farmington
Investments by Sector
As of June 30, 2024
Certificates of Deposit
Money Markets
Municipal Securities
US Agencies
US Treasuries
Page 24 of 162
40%
37%
17%
4%2%
City of Farmington
Investments by Maturity Range
As of June 30, 2024
Less than 1 Year
1-2 Years
2-3 Years
3-4 Years
4-5 Years
14%
7%
4%
32%
38%
5%
City of Farmington
Balances by Fund Type
As of June 30, 2024
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Enterprise Funds
Internal Service Funds
Page 25 of 162
GENERAL FUND
STATEMENT OF REVENUES - BUDGET TO ACTUAL
2024 2024 2024 2023
ANNUAL CURRENT YTD BUDGET PERCENT YTD
REVENUE SOURCE BUDGET MONTH ACTUAL BALANCE COLLECTED ACTUAL
Taxes 14,193,707$ 7,452,960$ 7,452,960$ 6,740,747$ 52.51% 6,898,641$
Business Licenses 41,100 375 27,750 13,350 67.52% 29,470
Building Permits 737,950 141,458 499,691 238,259 67.71% 257,265
Intergovernmental:
Federal 5,600 - 1,150 4,450 20.54% 2,620
State 734,890 2,328 142,819 592,071 19.43% 144,036
Market Value Credit 2,500 - - 2,500 0.00% -
Other 26,120 - 1,835 24,285 7.03% 4,877
Charges for Services:
General government 12,880 532 10,274 2,607 79.76% 3,406
Public Safety 450,640 60,668 340,336 110,304 75.52% 98,675
Public Works 47,170 2,025 203,049 (155,879) 430.46% 43,361
Park and Recreation 99,240 8,083 60,951 38,289 61.42% 57,853
Fines and Forfeits 55,000 6,199 30,093 24,907 54.71% 27,009
Miscellaneous Revenues
Investment Income 10,000 22,456 122,322 (112,322) 1223.22% 80,570
Rental Income 37,600 4,723 28,900 8,700 76.86% 24,477
Franchise Fees 120,000 - 41,603 78,397 34.67% 47,771
Other 25,500 10,598 14,730 10,770 57.77% 20,718
Transfers 2,284,510 - 2,284,510 - 100.00% 748,867
Total 18,884,407$ 7,712,404$ 11,262,971$ 7,621,436$ 59.64% 8,489,616$
CASH BALANCE $ 8,063,000
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
Page 26 of 162
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
GENERAL FUND
STATEMENT OF EXPENDITURES - BUDGET TO ACTUAL
2024 2024 2024
ANNUAL CURRENT YTD BUDGET PERCENT
DEPARTMENT/DIVISION BUDGET MONTH ACTUAL BALANCE EXPENDED
ADMINISTRATION
Legislative 116,964$ 7,887$ 51,734$ 65,230$ 44.23%
Administration 651,927 55,773 282,018 369,909 43.26%
Elections 60,572 158 14,921 45,651 24.63%
Communications 154,958 11,144 69,452 85,506 44.82%
City Hall 421,924 29,765 393,417 28,507 93.24%
Total 1,406,345$ 104,727$ 811,542$ 594,803 57.71%
HUMAN RESOURCES
Human Resources 439,839$ 35,695$ 207,837$ 232,002$ 47.25%
Total 439,839$ 35,695$ 207,837$ 232,002 47.25%
DAKOTA BROADBAND
Dakota Broadband -$ -$ -$ -$
Total -$ -$ -$ -$
FINANCE AND RISK MANAGEMENT
Finance 753,210$ 64,698 403,208$ 350,002$ 53.53%
Risk Management 214,910 19,514 117,082 97,828 54.48%
Total 968,120$ 84,212$ 520,290$ 447,830$ 53.74%
POLICE
Police Administration 1,529,104$ 144,509$ 874,834$ 654,270$ 57.21%
Patrol Services 3,545,612 264,558 1,726,437 1,819,175 48.69%
Investigations 1,112,529 53,954 401,181 711,348 36.06%
Emergency Management 15,900 23 6,802 9,098 42.78%
Total 6,203,145$ 463,044$ 3,009,254$ 3,193,891$ 48.51%
FIRE
Fire 1,795,783$ 106,323$ 659,526$ 1,136,257$ 36.73%
Total 1,795,783$ 106,323$ 659,526$ 1,136,257$ 36.73%
COMMUNITY DEVELOPMENT
Planning 674,681$ 54,001$ 322,803$ 351,878$ 47.85%
Building Inspections 771,573 53,158 345,905 425,668 44.83%
Total 1,446,254$ 107,159$ 668,708$ 777,546$ 46.24%
ENGINEERING
Engineering 838,685$ 48,418$ 316,241$ 522,444$ 37.71%
Natural Resources 150,995 2,658 65,550 85,445 43.41%
Total 989,680$ 51,076$ 381,791$ 607,889$ 38.58%
MUNICIPAL SERVICES
Streets 1,690,299$ 117,948$ 756,402$ 933,897$ 44.75%
Snow Removal 290,028 3,480 82,820 207,208 28.56%
Sanitation/Recycling - - 16,790 (16,790)
Total 1,980,327$ 121,428$ 856,012$ 1,124,315$ 43.23%
RECREATION SERVICES
Park Maintenance 1,100,326$ 106,393$ 530,179$ 570,147$ 48.18%
Rambling River Center 223,671 13,973 128,666 95,005 57.52%
Park & Recreation Admin 260,353 18,511 129,615 130,738 49.78%
Recreation Programs 201,564 22,641 80,689 120,875 40.03%
Total 1,785,914$ 161,518$ 869,149$ 916,765$ 48.67%
Transfers Out 1,869,000$ -$ 1,918,123$ (49,123)$ 102.63%
TOTAL GENERAL FUND 18,884,407$ 1,235,182$ 9,902,232$ 8,982,175$ 52.44%
JUNE 30, 2024
Page 27 of 162
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
ECONOMIC DEVELOPMENT AGENCY
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
2024 2024 2024 YTD 2023
ANNUAL CURRENT YTD PERCENT YTD
BUDGET MONTH ACTUAL OF BUDGET ACTUAL
REVENUES
Property Taxes 150,000$ -$ -$ -$
Administration Fees - - - -
Interest (Charge) 1,000 1,425 5,966 596.60% 2,882
Total Revenues 151,000 1,425 5,966 3.95% 2,882
EXPENDITURES
Other Services & Charges 150,000 1,731 69,119 46.08% 39,995
TOTAL EXPENDITURES 150,000 1,731 69,119 46.08% 39,995
TRANSFERS 50,000 - 50,000 100.00% 61,969
EXCESS (DEFICIENCY) 51,000$ (306)$ (13,153)$ -25.79% 24,856$
CASH BALANCE 512,271$
Page 28 of 162
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
PARK IMPROVEMENT FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
2024 2024 2024 YTD 2023
ANNUAL CURRENT YTD PERCENT YTD
BUDGET MONTH ACTUAL OF BUDGET ACTUAL
REVENUES
Park Dedication Fees 50,000$ -$ 341,496$ 682.99% 67,500$
Park Development Fees - - 17,506 23,174
Rental Income 7,560 1,000 7,836 103.65% 8,560
Miscellaneous Revenue - - 6,270 1,175
Interest (Charge) 1,000 5,260 28,281 2828.10% 15,940
Total Revenues 58,560 6,260 401,389 685.43% 116,349
EXPENDITURES
Other Services & Charges 7,000 1,806 2,341 33.44% 39,095
Capital Outlay - - 3,592 1,175
TOTAL EXPENDITURES 7,000 1,806 5,933 84.76% 40,270
Transfers 125,000 - 125,000 100.00% 50,000
EXCESS (DEFICIENCY) 176,560$ 4,454$ 520,456$ 294.78% 126,079$
CASH BALANCE 1,890,784$
Page 29 of 162
ICE ARENA
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
2024 2024 2024 YTD 2023
ANNUAL CURRENT YTD PERCENT YTD
BUDGET MONTH ACTUAL OF BUDGET ACTUAL
REVENUES
User Fees 429,500$ 20,144$ 157,492$ 36.67% 164,891$
Interest 400 252 1,057 264.25% 535
Other Revenue 16,500 5,132 16,672 101.04% 16,655
Total Revenues 446,400 25,528 175,221 39.25% 182,081
Cost of Sales - - (1,301) (252)
TOTAL REVENUES 446,400 25,528 173,920 38.96% 181,829
EXPENDITURES
Personal Services 291,803 20,063 134,584 46.12% 140,091
Other Services & Charges 203,248 11,286 69,150 34.02% 110,124
Capital Outlay 43,000 - 23 0.05% 14,418
TOTAL EXPENDITURES 538,051 31,349 203,757 37.87% 264,633
TRANSFERS 20,000 - 20,000 100.00% 80,243
EXCESS (DEFICIENCY) (71,651)$ (5,821)$ (9,837)$ 13.73% (2,561)
CASH BALANCE 90,654$
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
Page 30 of 162
CITY OF FARMINGTON
MUNICIPAL LIQUOR OPERATIONS
JUNE 30, 2024
DOWNTOWN PILOT KNOB TOTAL
YEAR TO DATE YEAR TO DATE YEAR TO DATE
SALES 2024 1,535,097$ 1,752,484$ 3,287,581$
2023 1,470,046 1,694,996 3,165,042
$ Difference 65,051 57,488 122,539
% Difference 4.43% 3.39% 3.87%
COST OF GOODS SOLD 1,114,171 1,292,536 2,406,707
GROSS PROFIT 420,926 459,948 880,874
% OF GROSS PROFIT
TO SALES 27.42% 26.25% 26.79%
OPERATING EXPENSES:
Personnel Services & Supplies 198,105 160,727 358,832
Other Services & Charges 109,759 126,404 236,163
Depreciation - - -
TOTAL 307,864 287,131 594,995
Operating Income 113,062 172,817 285,879
Other Income (Loss) 20,060 18,020 38,080
INCOME BEFORE TRANSFERS 133,122 190,837 323,959
Profit as a % of Sales 8.70%
Operating Transfers (Out) (111,987) (111,987) (223,974)
NET INCOME 21,135$ 78,850$ 99,985$
CASH BALANCE
Operating Cash (Pots 1 & 2) 1,068,079$
Community Projects (Pot 3) 389,328
Capital Improvements (Pot 4) 826,231
2,283,637$
Page 31 of 162
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
SEWER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
2024 2024 2024 YTD 2023
ANNUAL CURRENT YTD PERCENT YTD
BUDGET MONTH ACTUAL OF BUDGET ACTUAL
REVENUES
Charges for Service* 3,173,870$ 438,181$ 1,434,858 45.21% 1,203,280$
Interest - 4,762 35,046 26,566
Other Revenue - 508 508 131,574
TOTAL REVENUES 3,173,870 443,451 1,470,412 46.33% 1,361,420
EXPENSES
Personnel Services 8,100 1,540 2,030 25.06% 403
Other Services & Charges 519,240 28,481 751,134 144.66% 99,497
MCES Charges ** 2,251,005 187,584 1,125,503 50.00% 997,464
Depreciation 690,000 - - 0.00% -
TOTAL EXPENSES 3,468,345 217,605 1,878,667 54.17% 1,097,364
TRANSFERS IN/(OUT) (1,027,390) - (577,390) 56.20% (177,527)
EXCESS (DEFICIENCY) (1,321,865)$ 225,846$ (985,645)$ 74.56% 86,529$
FOOTNOTES:
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Wastewater sales for October, November, and December are not billed until the
** MCES wastewater charges are made on an annual and monthly basis. The budgeted amount is
anticipated as the total expenditure in 2024.
CASH BALANCE 1,703,810$
subsequent year, but are accrued at year end.
Page 32 of 162
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
STORM WATER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
2024 2024 2024 YTD 2023
ANNUAL CURRENT YTD PERCENT YTD
BUDGET MONTH ACTUAL OF BUDGET ACTUAL
REVENUES
Charges for Services* 1,425,820$ 219,919$ 644,421$ 45.20% 589,338$
Interest (Charge) - 8,242 48,247 27,998
TOTAL REVENUES 1,425,820 228,161 692,668 48.58% 617,336
EXPENSES
Personnel Services 1,200 947 2,193 182.75% 140
Other Services & Charges 988,414 16,944 92,024 9.31% 85,030
Depreciation 475,000 - - 0.00% -
TOTAL EXPENSES 1,464,614 17,891 94,217 6.43% 85,170
TRANSFERS IN/(OUT) (1,052,920) - (602,920) 57.26% (215,827)
EXCESS (DEFICIENCY) (1,091,714)$ 210,270$ (4,469)$ 0.41% 316,339$
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Storm Water sales for October, November, and December are not billed until the
subsequent year, but are accrued at year end.
CASH BALANCE 2,961,930$
Page 33 of 162
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
WATER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
2024 2024 2024 YTD 2023
ANNUAL CURRENT YTD PERCENT YTD
BUDGET MONTH ACTUAL OF BUDGET ACTUAL
REVENUES
Charges for Service* 2,312,020$ 193,764$ 708,480$ 30.64% 668,232$
Interest (Charge) - 35,680 212,800 129,330
Rental Income 303,460 40,540 188,029 61.96% 212,532
Other Revenue 5,000 3,205 16,375 327.50% 1,503
TOTAL REVENUES 2,620,480 273,189 1,125,684 42.96% 1,011,597
EXPENSES
Personnel Services 16,812 1,525 2,013 11.97% 4,879
Other Services & Charges 1,932,086 159,574 458,201 23.72% 409,283
Debt Service 19,800 - 10,775 54.42% 12,400
Depreciation 1,050,000 - - 0.00% -
TOTAL EXPENSES 3,018,698 161,099 470,989 15.60% 426,562
TRANSFERS IN/(OUT) (1,177,310) - (577,310) 49.04% (233,949)
EXCESS (DEFICIENCY) (1,575,528)$ 112,090$ 77,385$ -4.91% 351,086$
FOOTNOTES:
CASH BALANCE
Operating 10,270,375$
Water Treatment Plant 2,461,488$
12,731,862$
* Charges for services are not collected on an even flow basis during the year due to the accrual of
revenues at year end. Water sales for October, November, and December may not be billed until
the subsequent year, but are accrued at year end.
Page 34 of 162
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
JUNE 30, 2024
STREET LIGHT FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
2024 2024 2024 YTD 2023
ANNUAL CURRENT YTD PERCENT YTD
BUDGET MONTH ACTUAL OF BUDGET ACTUAL
REVENUES
Charges for Services* 230,000$ 24,574$ 105,774$ 45.99% 100,721$
Interest (Charge) 1,500 1,176 6,657 443.80% 4,037
Other Revenue - - - -
TOTAL REVENUES 231,500 25,750 112,431 48.57% 104,758
EXPENSES
Other Services & Charges 222,850 16,424 100,416 45.06% 103,218
TOTAL EXPENSES 222,850 16,424 100,416 45.06% 103,218
EXCESS (DEFICIENCY) 8,650$ 9,326$ 12,015$ 138.90% 1,540$
CASH BALANCE 414,661$
* Charges for services are not collected on an even flow basis during the year due to the accrual of
revenues at year end. Street Light sales for October, November, and December may not be billed until
the subsequent year, but are accrued at year end.
Page 35 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Payment of Claims
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
Attached is the list of check and electronic payments for the period of 07/31/2024-08/13/2024 for
approval.
DISCUSSION:
Not applicable
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve payment of claims.
ATTACHMENTS:
Council Summary Payment of Claims 09-03-2024
Page 36 of 162
CLAIMS FOR APPROVAL 07/31/2024-8/13/2024
CHECK PAYMENTS 1,333,667.74$
ELECTRONIC PAYMENTS 1,137,479.22$
TOTAL 2,471,146.96$
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
September 3, 2024
Page 37 of 162
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 - Sep 03 2024
INTRODUCTION:
Approve the appointment of Steven Groves as a Public Works Maintenance Worker and Rick
Fischer as a Paid-on-Call Firefighter. Also approve the appointment of Kevin Conrad, Rod Koch,
Zach Lamotte, and Jake Novak as seasonal Arena Supervisors.
DISCUSSION:
Staff is recommending the appointment of Steven Groves as a Public Works Worker. Steven brings
considerable experience to this role having worked in utilities maintenance for the City of Apple
Valley, as well as construction, heavy equipment, and military experience. We look forward to
having Steven join our team.
Rick Fischer is being recommended to join the Fire Department as a lateral hire. Rick is currently a
full-time Firefighter/Paramedic for Mdewakanton Public Safety. Rick previously served as a Paid-
on-Call Firefighter Lieutenant for the City of Farmington from 2011-2017.
BUDGET IMPACT:
Wages are included in the 2024 budget.
ACTION REQUESTED:
Approve the appointment of Steven Groves as a Public Works Maintenance Worker and Rick
Fischer as a Paid-on-Call Firefighter. Also approve the appointment of Kevin Conrad, Rod Koch,
Zach Lamotte, and Jake Novak as seasonal Arena Supervisors.
Page 38 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Agreement with J&W Asphalt for Infrared Trail Repair at Prairie Waterway
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
The City of Farmington currently has over 52 miles of trails, many of which have been constructed
over time with development projects. Upon completion and acceptance of the development, the City
takes ownership of the trails at the same time as the other public utilities and streets. With this
ownership, the City also takes responsibility for the maintenance of the trail including snow removal,
seal coating, crack filling, other routine and preventative maintenance, and replacement when
needed.
The trails in Prairie Waterway were installed in the early 2000’s. Over the years, preventative
maintenance including fog sealing and crack sealing the trails in Prairie Waterway has happened.
In addition, a section of the trail was replaced in 2019.
DISCUSSION:
GoodPointe Technology completed a detailed Pavement Condition Index (PCI) on trail pavements
within the city in early summer 2023. Each segment of trail is assigned a numerical value from 0 to
100, with 0 pavement being in extremely poor condition and 100 representing new trail. The PCI for
trail segments in Prairie Waterway ranged from 31-80.
The trail distresses at Prairie Waterway include deep cracking, root heaving, raveling, potholes, and
bumps. These trails are not in need of full replacement, yet, but repairs are needed. J&W Asphalt is
going to use infrared patching to enhance the pavement surface and to repair damaged, cracked,
or failing pavement. This method heats and blends the new and old asphalt creating a seamless
repair. Seamless means there is no physical separation or water entry point between the existing
and new asphalt material. The work with the Prairie Waterway project includes cleaning the existing
asphalt, heat the area with an infrared heating unit, scarify the existing asphalt, apply new hot mix
asphalt to the repair area, bring the asphalt to the desired grade and slope, and compact with a
vibratory roller.
The City Attorney reviewed the attached Agreement and found it to be acceptable.
BUDGET IMPACT:
The infrared repair of the trails will be paid for through the Trail Maintenance Fund.
Page 39 of 162
ACTION REQUESTED:
Approve the attached agreement with J&W Asphalt in the amount of $23,275.23 for infrared repair
of trails in Prairie Waterway.
ATTACHMENTS:
Agreement with J&W Asphalt
Page 40 of 162
AGREEMENT
AGREEMENT made this ____ day of ________ , 2024, between the
CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and J&W ASPHALT, a
Minnesota limited liability corporation ("Contractor").
IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,
THE PARTIES AGREE AS FOLLOWS:
1.CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents", all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A.This Agreement
B.Contractor Proposal submitted on July 18, 2024, attached as Exhibit "A."
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts with Contract Document "A" having the first
priority and Contract Document "B" having the last priority.
2.OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents and in compliance
with federal, state, and local laws.
3.OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance
with the bid and inclusive of sales tax.
4.SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to
this Contract contains software, including that which the manufacturer may have embedded into the
hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one year following cutover. The
Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or
licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to
use the software.
5.ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party, and then only upon such
terms and conditions as both parties may agree to and set forth in writing.
6.TIME OF PERFORMANCE. The Contractor shall complete its obligations for the
project on or before October 31, 2024.
Page 41 of 162
7.PAYMENT.a.When the obligations of the Contractor have been fulfilled, inspected, and accepted, theCity shall pay the Contractor an amount not to exceed $23,275.23. Such payment shall be made not later than thirty (30) days after completion, certification thereof, and invoicing by the Contractor. b.No final payment shall be made under this Contract until Contractor has satisfactorilyestablished compliance with the provisions of Minn. Stat. Section 290.92. A certificate from the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 8.CONTRACTOR'S REPRESENTATIONS.a.Contractor has examined and carefully studied the Contract Documents and otherrelated data identified in the contract documents.b.Contractor has visited the site and become familiar with and is satisfied to the general,local, and Site conditions that may affect cost, progress, and performance of the work.c.Contractor is familiar with and is satisfied as to all federal, state, and local laws andregulations that may affect cost, progress, and performance of the work.d.Contractor has obtained and carefully studied ( or assumes responsibility for doing so)all additional or supplementary examinations, investigations, explorations, tests, studies,and data concerning conditions at or contiguous to the site which may affect cost, progress,or performance of the work or which relate to any aspect of the means, methods,techniques, sequences, and procedures of construction to be employed by Contractor,including any specific means, methods, techniques, sequences, and procedures ofconstruction expressly required by the Bidding Documents, and safety precautions andprograms incident thereto.e.Contractor does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the work at the Contract price,within the time of performance, and in accordance with the other terms and conditions ofthe Contract Documents.f.Contractor has correlated the information known to Contractor, information andobservations obtained from visits to the Site, reports and drawings identified in the ContractDocuments, and all additional examinations, investigations, explorations, tests, studies, anddata with the Contract Documents.g.The Contract Documents are generally sufficient to indicate and convey understandingof all terms and conditions for performance and furnishing of the work.9.EXTRA SERVICES. No claim will be honored for compensation for extraservices or beyond the scope of this Agreement or the not-to-exceed price for the services identified in 2 Page 42 of 162
the proposal without written submittal by the Contractor, and approval of an amendment by the City,
with specific estimates of type, time, and maximum costs, prior to commencement of the work.
10.PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute
471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the
Contractor's receipt of payment from the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of one and one-half percent (1 ½ % ) per month or any part of a month
to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be
awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
11.INSURANCE REQUIREMENTS.
The Contractor, at is expense, shall procure and maintain in force for the duration of this Agreement
the following minimum insurance coverages:
a.General Liability. The Contractor agrees to maintain Commercial General Liability
insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual
aggregate. The policy shall cover liability arising from premises, operations,
products-completed operations, personal injury, advertising injury, and contractually
assumed liability. The City including its elected and appointed officials, employees, and
agents, shall be endorsed as additional insured.
b.Automobile Liability. If the Contractor operates a motor vehicle in performing the
Services under this Agreement, the Contractor shall maintain Business Automobile Liability
Insurance, including owned, hired, and non-owned automobiles, with a minimum liability
limit of $1,000,000, combined single limit.
c.Workers' Compensation. The Contractor shall maintain Workers' Compensation
insurance Workers' Compensation insurance for all its employees in accordance with the
statutory requirements of the State of Minnesota. The Contractor shall also carry
Employers' Liability Coverage with minimum limits are as follows:•$500,000 -Bodily Injury by Disease per employee
•$500,000 -Bodily Injury by Disease aggregate•$500,000 -Bodily Injury by Accident
d.The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of
Insurance as evidence that the above coverages are in full force and effect.
e.The insurance requirements may be met through any combination of primary and
umbrella/excess insurance. The City must be named as an additional insured on any
umbrella/excess policy.
f.The Contractor's policies shall be primary insurance and non-contributory to any other valid
and collectible insurance available to the City with respect to any claim arising out of the
3 Page 43 of 162
Contractor's performance under this Agreement. g.The Contractor's policies and Certificate of Insurance shall contain a provision thatcoverage afforded under the policies shall not be cancelled without at least thirty (30) days'advanced written notice to the City, or ten (10) days' written notice for non-payment ofpremium.h.Contractor agrees to maintain all coverage required herein throughout the term of theAgreement and for a minimum of two (2) years following.12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor 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 Contractor pursuant to this Agreement. Contractor 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 Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, 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. 13.RECORDS. Contractor shall maintain complete and accurate records of expensesinvolved in the performance of services. 14.WARRANTY. The Contractor guarantees that all new equipment warranties asspecified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty, and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16.INDEMNIFICATION. To the fullest extent permitted by law, the Contractor agrees todefend, hold harmless, and indemnify the City, its officers, agents, and employees, from and against any and all claims, demands, actions, losses, expenses, or causes of action, including attorney fees of whatever nature or character, arising from the Contractor's negligence or the Contractor's 4 Page 44 of 162
performance or failure to perform its obligations under this Agreement. The Contractor shall take all
reasonable precautions for the safety of all its employees on the site and shall provide reasonable
protection to prevent damage or loss to the property on the site or properties adjacent thereto and to
work, materials and equipment under the Contractor's control. The Contractor's indemnification
obligation shall apply to the Contractor's subcontractor(s), or anyone directly or indirectly
employed or hired by the Contractor, or anyone for whose acts the Contractor may be liable. The
Contractor agrees this indemnity obligation shall survive the completion or termination of this
Agreement.
17.WAIVER. In the particular event that either party shall at any time or times waive any
breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any
succeeding breach of this Contract by either party, whether of the same or any other covenant,
condition, or obligation.
18.GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of
this Contract.
19.SEVERABILITY. If any provision, term, or condition ofthis Contract is found to be
or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions
of this Contract, unless such invalid or unenforceable provision, term, or condition renders this
Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in
full force and effect and shall continue to operate as the parties' entire contract.
20.ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties
and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and terminates
any prior agreement(s), understandings, or written or verbal representations made between the parties
with respect thereto.
21.TERMINATION. This Agreement may be terminated by the City for any reason or
for convenience upon written notice to the Contractor. In the event of termination, the City shall be
obligated to the Contractor for payment of amounts due and owing for materials provided or for
services performed or furnished to the date and time of termination.
Dated: ______ , 2024 CITY OF FARMINGTON
By:---------------Joshua Hoyt, Mayor
By: _____________ _ Shirley R Buecklser, City Clerk
5 Page 45 of 162
Dated: g/6 , 2024 CONTRACTOR:
J&WASPHA T Its: r1'� cft1r1-/-------'-----------6 Page 46 of 162
† Non-taxable item One-Time Subtotal $25,394.70
Discount ($2,119.47)
Total One-Time $23,275.23 USD
J&W Asphalt
900 W 128TH ST, STE 205
Burnsville, MN 55337
United States
Phone: 952.894.9078
Fax: 952.894.6888
Estimate #12402 v4
Date 08/15/2024
Expires 09/15/2024
Prepared by Joe Hagen
Prepared for City of Farmington
Kellee Omlid
Prairieview Park 12th St.
Farmington, MN 55024
United States
Email: komlid@farmingtonmn.gov
Infrared Trail Repair
Division Scope of Work Quantity Price Total
Repair Infrared Trail Repair- Areas Marked In Pink Paint Approved by
Parks Supervisor
Low Impact Asphalt Trail Repair - Per Sqft
Clean the existing asphalt
Heat the area with an Infrared heating unit
Scarify the existing asphalt
Apply new hot mix asphalt to the repair area
Bring the asphalt to the desired grade and slope
Compact with a vibratory roller
10% Item Discount ($2,119.47)
1643 $12.90 $21,194.70
$19,075.23†
Repair Repair Crew Mobilization
Infrared Trail Repair Mobilization Fee
Charge is based on mobilization of 1 crew and equipment
7 $600.00 $4,200.00
Quote Attachments
Guidelines_for_Asphalt_Repairs_and_Add-Ons.pdf (304 KB)
What_to_Expect_-_IR_Patching.pdf (422 KB)
PROCEED
PROCEED
Estimate
1 / 3
Exhibit A
Page 47 of 162
Salesman: Joe Hagen (612)703-6567
Estimate
2 / 3Page 48 of 162
INFRARED REPAIR - 2 YEAR WARRANTY
2 Year Warranty
We guarantee all our seamless repairs for Two years:
1. Against excessive cracking due to faulty installation or materials. Note: Asphalt trails
will acquire expansion cracks due to severe freezing like Minnesota’s best
asphalt highways acquire. This is a normal situation in the climate and is not essentially
detrimental to the life expectancy of the asphalt.
2. Against chuckholes and breakup.
3. Against faulty mix.
4. Against material tracking.
Installation
The repair area is heated with an Infrared asphalt heater between 250°- 300°. It is then scarified. New asphalt is added to bring the asphalt to
the desired grade. It is luted and rolled with a vibratory roller to add compaction. It is important to note that even at maximum density, the
aggregate or stones will be able to be seen near the surface. In areas where the material is installed by hand, the aggregate can be seen more
prominently. This situation is certainly a normal one. In fact the more coarse aggregate mix, the stronger it is, the longer it will stand up and
the less maintenance it will require.
Cracking
In Minnesota, the frost penetrates the ground as deep as 7‐9 feet. The ground, when frozen this deep will heave, sometimes as much as 1 or 2
inches. An asphalt mat will give or move to a certain extent. Excessive movement can cause cracks and separation. These cracks are generally
quite straight and go clear across the surface of the asphalt. The crack can be seen continuing into the lawn away from the pavement. No
matter how strong the asphalt pavement is constructed, Mother Nature is stronger. Our latest and best highways have many expansion cracks
in them.
Asphalt Enemies
Gas, oil, antifreeze, turpentine, and all petroleum products will harm asphalt when excess amounts are spilled on the asphalt. Bicycle
kickstands, ladders, grills, or any other sharp objects will indent asphalt.
Salt will not harm asphalt in any way.
We do not warranty settlements and/or heaving as these are caused by the sub-base and not the Asphalt and/or Class V base that we installed,
compacted, and worked with.
Estimate
3 / 3Page 49 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Resolution Declaring Surplus Property and Authorizing Disposal (Parks and
Recreation)
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
The Parks and Recreation Department is requesting the authorization to dispose of six (6) used
outdoor information display boards.
DISCUSSION:
Many years ago, Parks Maintenance Staff built and installed information display boards at several
parks. The information display boards haven’t been used in several years. Thus, the information
display boards have been removed from six (6) parks.
Rather than disposing of the information display boards, the City has an opportunity to sell these
surplus items through MinnBid, which provides services to various government agencies allowing
them to sell surplus items through an online public auction.
BUDGET IMPACT:
The proceeds from the sale will be deposited into the Park Improvement Fund.
ACTION REQUESTED:
Adopt Resolution 2024-73 Declaring Items as Surplus and Authorizing Disposal.
ATTACHMENTS:
2024-73 Declaring Items as Surplus and Authorizing Disposal
Page 50 of 162
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2024-73
A RESOLUTION DECLARING ITEMS AS SURPLUS
AND AUTHORIZING DISPOSAL
WHEREAS, the Parks and Recreation Department is requesting authorization to dispose
of the following information display boards that are no longer needed and to dispose of the
information display boards at auction with funds being deposited into the Park Improvement Fund:
6 Outdoor Information Display Boards
NOW, THEREFORE, BE IT RESOLVED, that Mayor Hoyt and the Farmington City
Council declare the items listed above as surplus and authorize its disposal with any proceeds to
be placed in the Park Improvement Fund.
Adopted by the City Council of the City of Farmington, Minnesota, this 3rd day of September 2024.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 51 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Settlement Agreement and Release of Claims
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
The U.S. Department of Agriculture (USDA) worked with Frontier to run fiber into their newly
constructed expansion space at City Hall. As part of the project, a piece of sidewalk on the north
side of City Hall was removed and repoured.
DISCUSSION:
Two young children walked over and through the wet concrete rendering the repour useless in early
June. City Staff contacted the respective parents of the children. This settlement agreement is the
result of that contact. This agreement compensates the City for half of the repair costs in exchange
for waiving liability for one of the children and that child’s parent.
The City Attorney reviewed the attached Settlement Agreement and Release of Claims and found it
to be acceptable.
BUDGET IMPACT:
The cost for the sidewalk repair is $2,500. Robin Borneman will compensate the City in the amount
of $1,250.
ACTION REQUESTED:
Approve the attached Settlement Agreement and Release of Claims with Robin Borneman.
ATTACHMENTS:
Settlement Agreement and Release of Claims Signed
Page 52 of 162
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Page 57 of 162
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Professional Services Agreement with Barr Engineering for the Industrial Park
Ditch Cleanout
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
In the fall of 2023, the City authorized the Industrial Park Drainage Study, as there have been
repeated backups of the storm sewer system on Eaton Avenue. The attached study focused on the
drainage areas contributing to the Eaton Avenue system and scenarios for providing relief from the
backups. As noted in the report, ditch cleaning is necessary to reduce roadway flooding on Eaton
Avenue and providing additional water storage would also be beneficial. At this time, Staff is
recommending that preparation of plans and specifications and bidding proceed for the ditch
cleanout project.
DISCUSSION:
The Eaton Avenue storm sewer system discharges to an open ditch which flows eastward and
passes through the northwest corner of the Northern Natural Gas (NNG) site. Previous study efforts
focused only on the segment of drainage ditch which passes through NNG. The recent study
expanded the scope of the ditch review beyond the study, all the way to Middle Creek. The
proposed Industrial Park Ditch Cleanout includes about 2,900 linear feet of ditch cleaning from the
storm sewer pipe outlet (on the west side of Northern Natural Gas) to a field crossing about 260
feet upstream of Middle Creek. Barr Engineering has already completed a topographic survey of
the ditch project area as part of the study process. The scope of the proposed Professional
Services Agreement (PSA) with Barr Engineering includes the following:
Kickoff meetings with the City and landowners, as well as on-site meetings.
Landowner coordination and preparation of Right of Entry or temporary easement exhibits
for accessing the work area.
To reduce wetland and other permitting requirements and related costs, the drainage ditch is
proposed to be cleaned out to its originally constructed dimensions. Soil probes will be taken
to identify the original ditch invert elevations.
Wetland Conservation Act (WCA) permitting facilitation.
Preparation of final construction documents and preparation of an engineer’s opinion of
probable cost.
Bidding assistance which includes document distribution via QuestCDN, responding to
questions from potential bidders, and bid review and recommendation for award.
Page 58 of 162
It is expected that the field investigation will occur this fall, with bidding in the spring, and
construction starting in June of 2025. The attached study referred to a ditch cleanout cost of
$150,000 to $200,000 but Staff expects the final cost to be in excess of $200,000.
On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Barr
Engineering is one of the firms in the consultant pool and has prepared the attached scope and
budget based on discussions with City Staff regarding this project.
BUDGET IMPACT:
The total estimated not to exceed fee for the Barr Engineering PSA work is $71,505. Based on the
type of work, and the City's definition of Storm Sewer Lateral and Storm Sewer Trunk facilities, this
work is to be funded via the Storm Water Trunk Fund.
ACTION REQUESTED:
Approve the Professional Services Agreement with Barr Engineering for the Industrial Park Ditch
Cleanout project design.
ATTACHMENTS:
Farmington Industrial Park Drainage Report
082724 PSA Barr Industrial Park Ditch Cleanout design_Barr executed
Page 59 of 162
4300 MarketPointe Drive, Suite 200
Minneapolis, MN 55435
952.832.2600
barr.com
Farmington Industrial Park Drainage
Project Review Summary
Prepared for
City of Farmington, MN
Prepared by
Barr Engineering Co.
June 28, 2024
Page 60 of 162
barr.com
i
Certification
I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly
Licensed Professional Engineer under the laws of the State of Minnesota
June 28, 2024
Mark Origer, PE #: 54863 Date
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barr.com
i
\\barr.com\projects\Mpls\23 MN\19\23191515 Farmington Industrial Park Dra\WorkFiles\Report\Final Report\Farmington Industrial Park Drainage
Final Report.docx
Table of Contents
June 28, 2024
Contents
1 Project Background .......................................................................................................................... 1
1.1 Executive Summary ..................................................................................................................... 1
1.2 Project Background and Location ................................................................................................ 1
1.3 Site Visit and Survey .................................................................................................................... 2
2 Hydraulic/Hydrologic Modeling ........................................................................................................ 2
2.1 Existing Model .............................................................................................................................. 2
2.2 Model Updates ............................................................................................................................. 2
2.3 Scenario Modeling ....................................................................................................................... 3
2.4 Model Results............................................................................................................................... 3
2.5 Discussion of Results ................................................................................................................... 5
3 Permitting and Review ..................................................................................................................... 6
3.1 Vermillion River Watershed Joint Powers Organization (VRWJPO) ........................................... 6
3.2 Wetlands ...................................................................................................................................... 6
3.3 City Permitting .............................................................................................................................. 7
4 Conclusions ...................................................................................................................................... 7
4.1 Storage Locations ........................................................................................................................ 7
4.2 Cost Estimates ............................................................................................................................. 8
4.3 Recommendations ....................................................................................................................... 8
Page 62 of 162
1
1 Project Background
In August of 2023, the City of Farmington contracted with Barr Engineering Co. to review and evaluate
flooding issues in the Industrial Park area of the city. Barr’s review of the area stems from years of
extensive hydraulic/hydrologic modeling within the Vermillion River Watershed and the City of
Farmington. This project evaluated potential stormwater improvement scenarios to reduce flooding in the
Industrial Park area.
1.1 Executive Summary
The City of Farmington Industrial Park area has experienced recurring flooding in the past several years
due to the increase in rainfall amounts and intensity. As a result, flooding has occurred to businesses
throughout the Industrial Park with most of the flooding occurring along Eaton Avenue.
Barr completed a review of flooding throughout the Industrial Park area by using a hydraulic/hydrologic
(H&H) model we previously developed in 2014 for the Vermillion River Watershed Joint Powers
Organization (VRWJPO). This model was updated to accurately reflect drainage conditions throughout
the Industrial Park. Barr evaluated multiple scenarios to find solutions to the flooding occurring along
Eaton Avenue. These scenarios included cleaning out the open ditch downstream of the Industrial Park,
storm sewer improvements, and various storage options throughout the Industrial Park watershed.
The results of the scenario modeling showed that there is not one easy solution to achieve improved
drainage and less flooding in the Eaton Avenue area. To reduce flooding, a combination of stormwater
infrastructure improvements and storage will be necessary. The modeling results of all scenarios showed
that the receiving waters of Middle Creek will not be impacted from the improvements, as no changes to
peak discharge or elevation occurs from the potential modifications to the Industrial Park watershed.
1.2 Project Background and Location
Farmington’s Industrial Park is located on the far west side of the city, immediately north of Dakota
County Road 50. There are multiple businesses within the Industrial Park, with most of the area covered
by impervious surfaces. The major roadways through the park include Eaton Avenue and 211th Street W.
Drainage from the Industrial Park flows in two different directions: to the east through a private ditch, and
to the north through a series of stormwater detention ponds. Both flow paths eventually drain into the
Middle Creek watercourse.
This review focused on the eastern portion of the Industrial Park watershed that drains to the east. Land
use in this 215-acre watershed is a combination of industrial, commercial, and agricultural farmland.
Overall drainage from this watershed flows into a private ditch that begins on the Northern Natural Gas
property and flows northeast through an agricultural field which outlets into Middle Creek. Figure 1
(attached) shows the study area, overall watershed, and drainage system. Figure 2 (attached) shows
more detailed watershed information for the eastern portion of Industrial Park, including subcatchments
property boundaries and property owners.
The east side of the Industrial Park has seen heavy expansion and development since the 1990s, which
has converted agricultural farmland into impervious surfaces. A storm sewer system was installed to
provide drainage from this area; however, limited stormwater storage has been provided for this
watershed. The storm sewer system flows into the private ditch on the east side of the park. This ditch
was originally constructed in the 1950s to provide additional drainage for farming practices. A historical
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2
aerial review of the ditch shows routine maintenance throughout its lifespan until the development began
in the 1990s. Since the 1990s, the ditch downstream of the Northern Natural Gas property has been
maintained. However, the ditch through the Northern Natural Gas property has not been properly
maintained over the past two decades, which has resulted in sediment accumulation and tree growth in
the ditch.
1.3 Site Visit and Survey
Barr conducted a site visit of the project area in the fall of 2023. During the site visit, drainage areas of
concern were identified and described. Barr observed key components of the stormwater infrastructure
needed to update the H&H model developed for the entire Vermillion River Watershed. Subsequently,
Barr performed a topographic survey to collect this information, which included a full survey of the private
ditch from Middle Creek upstream through Northern Natural Gas, storm sewer catch basins and
manholes, culverts, and various topographic features throughout the watershed.
2 Hydraulic/Hydrologic Modeling
2.1 Existing Model
In 2014, Barr completed a comprehensive hydraulic/hydrologic (H&H) model of the Vermillion River
Watershed for the Vermillion River Watershed Joint Powers Organization (VRWJPO). This model utilized
XP SWMM, a dynamic H&H model for analyzing runoff and flooding throughout the watershed. The
purpose of this model was to review and evaluate new development projects throughout the watershed
and the impacts on downstream flooding. Various points of interest throughout the watershed were
established as baseline points that are used to review the impacts of proposed development projects.
This model is a living model for the VRWJPO as proposed projects are reviewed during the permitting
process.
The original model for the Industrial Park area was very basic with few subcatchments and overland flow
routing to Middle Creek. The model did not include details on the storm sewer network, private ditch,
variable land uses, and subcatchment breakdown. For purposes of this study, Barr added more detail to
the model which more accurately evaluated drainage through the system.
2.2 Model Updates
Barr made several updates to the original 2014 Vermillion River Watershed H&H model in the Industrial
Park area. These updates were done after conducting the site visit and collecting the topographic survey
data throughout the watershed. The updated model inputs included the detailed storm sewer network of
catch basins, manhole structures, and pipe networks that convey flow downstream. The private ditch in
the model was also updated to include a representative depiction of the open channel, floodplain, and
culvert structures conveying flow.
The original modeled watershed was also broken down to include multiple subcatchments that more
accurately depict runoff. This included routing specific subcatchment areas to the newly-incorporated
storm sewer network to better represent runoff routing.
The updated model was used to represent the baseline conditions for the Industrial Park area. Barr
validated the baseline model by recent observations of flooding along Eaton Avenue after recorded
rainfall events.
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3
2.3 Scenario Modeling
Barr developed and modeled several proposed scenarios using the updated H&H model to analyze the
impacts of the proposed drainage improvements on the flood frequency along Eaton Avenue. These
scenarios were high level and were based on our watershed review and the recommendations from city
staff. Further modeling will be needed should the city move forward with design improvements.
Seven H&H models were complied, with six representing proposed watershed conditions, as shown in the
following list of the compiled scenarios for the Industrial Park area. Figure 3 (attached) shows the
potential locations for additional storage and stormwater diversions referenced in the scenarios below.
• Existing Conditions: This model is the updated baseline conditions model for the Industrial Park
area as described in Section 2.2
• Scenario 1: This scenario includes 2,900 linear feet of ditch cleaning from the storm sewer pipe
outlet (west side of Northern Natural Gas) downstream to the field crossing 260 feet upstream of
Middle Creek.
• Scenario 2: Scenario 1 conditions, plus an additional 1 acre-feet of storage in the Thelen Cabinet
subcatchment.
• Scenario 3: Scenario 2 conditions, plus an additional 2.5 acre-feet of storage in the EJL
subcatchment, and an additional 2.0 acre-feet of storage in the ABW subcatchment. These
storage areas are primarily along 211th Street W and along the County Road 50 north right of way.
• Scenario 4: Scenario 1 conditions, plus pipe upsizing. Pipes along Eaton Avenue were upsized
by 1 size (e.g., 48-inch to 54-inch) from the intersection of 211th Street W to the storm sewer
outlet into the private ditch. This scenario did not include any added storage.
• Scenario 5: Scenario 1 conditions apply, plus more pipe upsizing. Pipes along Eaton Avenue
were upsized by 2 sizes (e.g., 48-inch to 60-inch) from the intersection of 211th Street W to the
storm sewer outlet into the private ditch. This scenario did not include any added storage.
• Scenario 6: Scenario 1 conditions apply, plus additional storage and a diversion. A 2.5 acre-foot
storage area was created in the 0.4-acre grass area immediately south of the Crop
Characteristics property. A 36-inch storm sewer diversion from Eaton Avenue was directed into
this storage area. This storage area was assumed to have a free-flowing outlet directly into the
(assumed) cleaned out upstream portion of the private ditch.
The H&H model used for analysis utilizes a custom frequency rainfall developed specifically for the
Vermillion River Watershed. These frequencies were determined by extensive watershed monitoring and
calibration of the H&H model throughout the entire watershed. As a result, the standard NOAA Atlas 14
rainfall frequencies were not used for analysis. In general, the custom rainfall frequencies used for the
Vermillion River Watershed produce slightly greater runoff for a longer duration as compared to the 24-
hour Atlas 14 rainfall frequencies. For this analysis, the Vermillion River Watershed 2-year, 10-year, and
100-year rainfall frequencies were used.
2.4 Model Results
The H&H model was used to simulate the six proposed scenarios and compare them to existing
conditions. It was determined that the proposed improvements in the Industrial Park watershed did not
impact the peak discharge and peak elevation of downstream Middle Creek. This seems practical, as the
Industrial Park watershed contributes less than 1% of the total drainage area to the entire Middle Creek
Watershed.
Page 65 of 162
4
A detailed analysis of the results of the proposed scenarios was completed to evaluate the impacts of
each proposed scenario on flooding along Eaton Avenue. The City’s goal was to eliminate flooding of
Eaton Avenue under the 10-year frequency rainfall event. Table 1 through Table 3 below compare the
results from all modeled scenarios to existing conditions. Table 1 compares the peak flood elevations and
peak flow rates at the upstream end of the private ditch on the Northern Natural Gas property. Table 2
compares the peak flood elevations at Eaton Avenue adjacent to the Thelen Cabinets building, and Table
3 compares the peak flood elevations at the intersection of 211th Street W and Eaton Avenue.
Table 1: Storm Sewer Outlet into Private Ditch at Northern Natural Gas Property Line
Rainfall
Event
Frequency
Parameter Existing
Condition
Scenario
1 2 3 4 5 6
2-year Peak Flow
(cfs) 70.3 89.0 80.7 80.5 91.1 92.2 80.8
Peak
Elevation
(ft)
907.3 904.6 904.5 904.5 904.6 904.7 904.4
10-year Peak Flow
(cfs) 116.5 137.2 130.7 126.5 147.2 152.8 135.6
Peak
Elevation
(ft)
907.5 904.8 904.8 904.8 904.9 904.9 904.7
100-year Peak Flow
(cfs) 227.7 229.5 219.0 216.9 250.0 265.8 238.9
Peak
Elevation
(ft)
908.2 905.3 905.2 905.1 905.4 905.4 905.1
Table 2: Eaton Avenue at Thelen Cabinets (low road elevation=907.6)
Rainfall
Event
Frequency
Parameter Existing
Condition
Scenario
1 2 3 4 5 6
2-year Peak
Elevation
(ft)
908.0 907.1 906.7 906.6 906.9 906.7 906.0
10-year Peak
Elevation
(ft)
908.6 907.9 907.4 907.2 907.6 907.5 906.7
100-year Peak
Elevation
(ft)
909.5 909.1 908.9 908.3 908.7 908.3 908.0
Page 66 of 162
5
Table 3: Eaton Avenue and 211th Street W Intersection (low road elevation=907.7)
Rainfall
Event
Frequency
Parameter Existing
Condition
Scenario
1 2 3 4 5 6
2-year Peak
Elevation
(ft)
908.3 907.8 907.2 907.0 907.2 906.9 906.0
10-year Peak
Elevation
(ft)
908.6 908.4 908.4 907.6 908.2 907.7 906.7
100-year Peak
Elevation
(ft)
909.5 909.2 909.0 908.6 908.8 908.6 908.1
2.5 Discussion of Results
The results of the scenario modeling showed improvements to flooding along Eaton Avenue. Each
scenario provided a reduction in peak elevation, however not all scenarios achieved flooding reductions
to prevent inundation of the roadway under the 10-year event. The storage scenarios assumed
hypothetical storage volumes in different portions of the watershed. While the simulated volumes showed
reduced flooding, the practicality of implementation needs further review and design. The following is a
summary of each proposed scenario when compared to the existing conditions model.
Scenario 1:
• Water surface elevations in the private ditch on the Northern Natural Gas property are lower.
• There is no flooding on Eaton Avenue at Thelen Cabinets for the 2-year frequency rainfall event.
The 10-year frequency rainfall event still floods the roadway.
• There is slightly less flooding at the intersection of Eaton Avenue and 211th Street W under the 2-
year frequency rainfall event; however, the roadway still floods.
Scenario 2:
• Roadway flooding has been eliminated on Eaton Avenue at Thelen Cabinets for the 2-year and
10-year frequency rainfall events.
• No flooding of the roadway at Eaton Avenue and 211th Street W under the 2-year frequency
rainfall event; however the 10-year frequency rainfall event still floods the roadway.
Scenario 3:
• Results for the 2-year and 10-year frequency rainfall events are similar to the Scenario 2 results
in the Thelen Cabinets area.
• The Eaton Avenue and 211th Street W intersection does not flood under the 2-year and 10-year
frequency rainfall events.
Scenario 4:
• Pipe size increases prevent flooding of Eaton Avenue at Thelen Cabinets for the 2-year and 10-
year frequency rainfall events.
• There is no flooding at the Eaton Avenue and 211th Street W intersection under the 2-year
frequency rainfall event; however, the 10-year frequency rainfall event still floods the roadway.
Scenario 5:
• Pipe size increases prevent flooding of Eaton Avenue at Thelen Cabinets and the Eaton
Avenue/211th Street W intersection under the 2-year and 10-year frequency rainfall events.
Page 67 of 162
6
Scenario 6:
• The additional storage and new pipe outlet to the private ditch provides more storage and
capacity in the Eaton Avenue storm sewer, which prevents flooding of Eaton Avenue at Thelen
Cabinets and the Eaton Avenue/211th Street W intersection under the 2-year and 10-year
frequency rainfall events.
• The additional storage changes the timing of peak runoff and has limited peak discharge
downstream in the private ditch.
3 Permitting and Review
3.1 Vermillion River Watershed Joint Powers Organization
(VRWJPO)
The VRWJPO reviews and permits projects within the watershed that may increase peak discharge and
peak flooding within its major surface waters. The VRWJPO selected multiple stations along the major
waterways as reference points for the H&H model and to evaluate watershed improvement projects.
When reviewing proposed projects that change drainage in the watershed, there must be no increase in
peak flow or flooding at these points.
Barr selected the Empire Township Standard Location for comparison; this gauging and reference point is
located along Middle Creek, one mile downstream of the Industrial Park watershed. The results from the
model of the proposed drainage modifications to the Industrial Park watershed show no impact on peak
flow and peak flooding at this standard location. This is due to the small change in peak flow and timing of
runoff from the Industrial Park watershed modifications when compared to the larger Middle Creek
watershed. The flow from the Industrial Park reaches the Empire Township Standard Location much
earlier than the peak flow from the greater Middle Creek Watershed. As a result, there are no changes to
peak runoff and flooding from the Industrial Park modifications.
A meeting was held in March of 2024 with City and VRWJPO staff to discuss the project and preliminary
results. The VRWJPO concurred with the findings and indicated that if the Industrial Park drainage
modifications did not result in increases in peak flow and flooding downstream, the VRWJPO would not
require a permit for the project.
3.2 Wetlands
There are potential Type 2 and Type 3 wetlands located along the private ditch on the Northern Natural
Gas property. Barr identified these potential wetlands after the site visit, based on a review of historical
aerial photos and LiDAR. The H&H model results indicate lower peak flood elevations through the
Northern Natural Gas property resulting from the proposed ditch cleaning and added storage in the
watershed. The lower flood elevations will trigger a review under the Wetland Conservation Act. Because
there is a drainage ditch in place and drainage has historically been provided to the area, extensive
wetland mitigation is not likely. However, if a project moves forward, it will need to go through regulatory
review.
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7
3.3 City Permitting
Any potential stormwater improvements located within the city limits will require review and permitting
from the City of Farmington. The type of permit required will vary, depending on which proposed option is
selected. Required city permits may include stormwater, building, right of way, and other utility permits.
4 Conclusions
4.1 Storage Locations
The review of the proposed scenarios showed that ditch cleaning was needed to provide drainage
improvements and reduce roadway flooding in the upstream Industrial Park area. Results from modeled
scenarios without the proposed downstream ditch maintenance showed that the roadways still flooded
under the 10-year frequency rainfall event and some roadways even flooded in the 2-year frequency
rainfall event. With the implementation of ditch cleaning and the storage scenarios, roadway flooding is
eliminated under the 2-year frequency rainfall event and in some scenarios under the 10-year frequency
rainfall event.
There are limited potential storage locations throughout the Industrial Park, as most of the area has been
developed with buildings and other impervious surfaces. Another challenge is the difficulty in obtaining
enough storage depth due to flat grades in the Industrial Park and in the downstream private ditch. A
subsurface utility investigation was not conducted as part of this project; an investigation will be needed
should a project move forward. The following is a list of potential storage locations. A storage map
showing these locations is included in the attached figures.
• Thelen Cabinet and Hanke & Paulson Enterprises: There is approximately 0.2 acres available for
storage on the west side of these properties. Depth is limited at this location with a maximum of 3
feet available for additional storage, totaling 0.6 acre-feet of additional storage.
• EJL Properties: There is a 0.5-acre open grassy area on this property. The property is at a slightly
higher elevation, so a maximum depth of 5 feet is available, yielding about 2.5 acre-feet of
additional storage.
• County Road 50 right of way: Approximately 0.3 acres along the County Road 50 right of way and
EJL and ABW Holdings properties may be available for additional storage. With 4-feet of depth
available, this could yield up to 1.2 acre-feet of additional storage at this location. However, there
may be utilities along this corridor that would limit the storage potential.
• Crop Characteristics Incorporated: The south half of the CCI parcel includes an open grassy area
with potential for providing additional storage with an available open space of 0.4 acres. After a
review of the storm sewer and private ditch survey and potential ditch cleaning depths, it appears
additional storage depth could be gained with construction of a new storm sewer network and
storage pond. Up to 2.5 acre-feet of additional storage could be provided at this location.
Page 69 of 162
8
4.2 Cost Estimates
Barr developed an approximate cost estimate of $150,000 to $200,000 for the ditch cleaning scenario.
The cost estimate will vary depending on the length of ditch cleaned, wetland permitting review and
potential mitigation, and availability of spoil disposal locations. Detailed cost estimates were not prepared
for the other proposed drainage improvement scenarios as they were less defined and there are too
many unknown factors such as exact storage location, utility obstructions, land availability, and other
infrastructure restrictions.
4.3 Recommendations
This evaluation reviewed proposed drainage improvement scenarios to reduce flooding in the City of
Farmington’s Industrial Park area. The goal of the study was to identify scenarios that would achieve no
flooding of the roadways throughout the Industrial Park under the 10-year frequency rainfall event. Of the
six proposed scenarios, three scenarios (Scenario 3, Scenario 5, and Scenario 6) achieve the goal of
reducing roadway flooding under the 10-year frequency rainfall event. Barr recommends that the city
conduct a feasibility study to further develop design concepts for components of one or more of the three
scenarios. This study would further evaluate the permitting requirements of a ditch cleanout and develop
storage design concepts and potential hydraulic designs of new storm sewer networks.
Page 70 of 162
Figures
Page 71 of 162
Eaton Ave
208thSt W
Ea
stvi
ew Ave
Spruce St
208th St W
2 1 0 t h
S t W
C
y
p
r
e
s
s
D
r
212thSt W
ElmSt
ElmSt
206th St W
D e v o n p o r t D r
211th St WEdmonton Ave
212th St W
Easter Ave
Denmark Ave
E Oaks Dr
D
y
e
r
s
P
a
s
s
Akin Rd
2 1 2 t h S t W
Pilot Knob Rd
Pilot Knob Rd
456750
456731
456731
South Creek
Ver m ill i o n R iver
Middle Creek
WATERSHED MAPIndustrial Park Drainage City of Farmington, MN
FIGURE 1
Barr Footer
: ArcGIS 10.9.1, 2024-05-20 16:15 File: I:\Client\Farmington_MN\Work_Orders\Industrial_Park_Drainage_23191515\Maps\Reports\Figure 1-Watershed Map.mxd User: MAO
0 500 1,000Feet!;NWatershed Area
Streams
Private Ditch (to be cleaned)
Streams
Storm Water System
Pipes
FES
MH
Manhole - Closed Casting
Skimmer
catch basin
2016 USDA NAIP Imagery via MnGeo
Industrial Pa rkDrainage Study Area
Total Watershed Area=215 Acres
Page 72 of 162
Eaton Ave
2 1 2 t h S t W
208th St W
2 1 0 t h S t W
211th St W
Edmonton Ave
Easter Ave
2 1 2 t h S t W456750
M i d d l e Creek
Donald LPetersonfamilyLtd Ptnshp
Donald LPetersonfamilyLtd Ptnshp
Hy-VeeInc
City ofFarmington
Hy-Vee Inc
City ofFarmington
Hy-Vee Inc
County ofDakota
County ofDakota
City ofFarmington
ProgressiveProperties Llc
GravesLucas S
Green FlashPartners Llc
VermillionRiverGroup Llc
Por-Mkr RealEstate Llc
RlrInvestmentsLlc
ValmontIndustriesInc
MilnerDevelopmentLlc
B & LAdventuresLlc
Hra ofFarmington
Hra ofFarmingtonHra ofFarmington
ProgressiveProperties Llc
AbwHoldingsLlc
AbwHoldingsLlc
CciPropertyLlc
DebatesReal Estate
Hra ofFarmington
EjlPropertiesLlc
Ruffco Llc
StordahlPartnershipLllp IsabellePropertiesLlc
AlphaHolding Llc
ValmontIndustriesInc
DelichPropertiesllc
DelichPropertiesllc
ByrnePatrick
NorthernNaturalGas Co
NorthernStatesPower Co
BernardMurphyFarms Lp
Devney FamilyLimitedPartnership
BernardMurphyFarms Lp
SUBC ATCHMENT MAPIndustrial Park Drainage City of Farmington, MN
FIGURE 2
Barr Footer
: ArcGIS 10.9.1, 2024-05-20 16:48 File: I:\Client\Farmington_MN\Work_Orders\Industrial_Park_Drainage_23191515\Maps\Reports\Figure 2-Subcatchments.mxd User: MAO
0 200 400Feet!;NSubcatchments
ABW Subcatchment
EJL Subcatchment
Thelen Subcatchment
Watershed Area
Parcels
Streams
Private Ditch (to be cleaned)
Storm Water System
Pipes
FES
MH
Manhole - Closed Casting
Skimmer
catch basin
2016 USDA NAIP Imagery via MnGeo
Page 73 of 162
2 1 2 t h S t W
Eaton Ave
2 1 2 t h S t W
2 1 0 t h S t W
Edmonton Ave
211th St W
Easter Ave
456750
Donald LPetersonfamilyLtd Ptnshp
Donald LPetersonfamilyLtd Ptnshp
County ofDakota
County ofDakota
Por-MkrRealEstate Llc
RlrInvestmentsLlc
MilnerDevelopmentLlcProgressiveProperties Llc
AbwHoldingsLlc
AbwHoldingsLlc
CciPropertyLlc
DebatesReal Estate
Hra ofFarmington
EjlPropertiesLlc
Ruffco Llc
StordahlPartnershipLllp
IsabellePropertiesLlc
AlphaHolding Llc
ValmontIndustriesInc
DelichPropertiesllc
DelichPropertiesllc
Byrne Patrick
NorthernNaturalGas Co
Northern StatesPower Co
STORAG E ARE AS MAPIndustrial Park Drainage City of Farmington, MN
FIGURE 3
Barr Footer
: ArcGIS 10.9.1, 2024-05-20 16:53 File: I:\Client\Farmington_MN\Work_Orders\Industrial_Park_Drainage_23191515\Maps\Reports\Figure 3-Storage Areas.mxd User: MAO
0 100 200Feet!;NDiversion SS System
Potential Storage Locations
Subcatchments
ABW Subcatchment
EJL Subcatchment
Thelen Subcatchment
Watershed Area
Parcels
Streams
Private Ditch (to be cleaned)
Stream (Perennial)
Storm Water System
Pipes
FES
MH
Manhole - Closed Casting
Skimmer
catch basin
2016 USDA NAIP Imagery via MnGeo
Page 74 of 162
224345v1
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made this 3rd day of September,
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 Barr Engineering
Co., a Minnesota Corporation, whose business address is 4300 MarketPointe Drive, Suite 200,
Minneapolis, MN 55435 (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 Origer,
Water Resources Engineer (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 $71,505 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
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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
June 30, 2025. 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 76 of 162
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.
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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
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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
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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.
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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.
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224345v1
27.COUNTERPARTS. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original.
Dated: September 3, 2024 CITY: CITY OF FARMINGTON
By:
Joshua Hoyt
Mayor
By:
Shirley R Buecksler
City Clerk
Dated:__________________, 20___ ENGINEER: BARR ENGINEERING
By:
_____________________________ [print name]
Its
__________________________ [title]
August 28 24
Barr Engineering Co.
Vice President
Karen Chandler
Page 82 of 162
224345v1
EXHIBIT “A”
SCOPE OF SERVICES
Page 83 of 162
Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
August 21, 2024
Mr. John Powell
Public Works Director/City Engineer
City of Farmington
430 Third St.
Farmington, MN 55024
Re: Proposal for Industrial Park Ditch Cleanout Project
Dear Mr. Powell:
Barr Engineering Co. (Barr) is pleased to submit our proposal to the City of Farmington (City) for the ditch
cleanout of the stormwater outfall downstream of the Farmington Industrial Park. This letter presents the
scope of professional consulting services we will provide for your project including 1) our understanding
of the project, 2) proposed work tasks, 3) estimated costs and schedule, and 4) the proposed project
team. The scope of work is based on our previously completed Industrial Park Drainage Study, which
reviewed stormwater modeling and identified flooding solutions in the Eaton Avenue drainage network.
This report identified the ditch cleanout downstream of the industrial park as a contributing factor in the
flooding that occurs on Eaton Avenue.
Project Understanding
The City wishes to pursue a private drainage ditch cleanout project to restore the historic drainage outlet
conditions for the industrial park’s stormwater infrastructure. This ditch is located on the Northern Natural
Gas property (just downstream of the flooding area) and another private landowner’s property prior to
discharging into Middle Creek. The project includes collecting historical drainage information, developing
repair plans that restore the original ditch capacity, obtaining approvals through the Wetland
Conservation Act (WCA), and completing construction documents for bidding. The scope also includes
assisting with the development of a drainage easement for construction access and conducting a final
record survey of the construction.
Scope of Work
Based on our understanding of the project, Barr will perform the following tasks.
Task 1. Kickoff meetings
Barr staff will hold five kickoff meetings in the early stages of this project:
• Meeting #1: Barr will meet virtually with City staff for a project kickoff meeting.
• Meetings #2, #3, and #4: Barr staff will meet virtually with all three landowners impacted by the
project and City staff. A meeting will be held separately with each individual landowner.
• Meeting #5: Barr will meet on site with the impacted landowners and City Staff to walk through
the project.
Page 84 of 162
Mr. John Powell
August 21, 2024
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Task 2. Landowner coordination and easements
Drainage permissions and easements can present many challenges, especially when working with multiple
landowners. The private ditch crosses over three different parcels owned by Northern States Power Co.,
Northern Natural Gas Co, and Bernard Murphy Farms. Each property owner may require special
permissions, access and working limits, or restoration requirements associated with their property.
Barr staff will develop exhibits and descriptions for both temporary construction and permanent
easements needed for the project. Three separate drawings and descriptions will be prepared as
necessary for the three impacted properties. The City can use these drawings and descriptions when
finalizing agreements and permissions for construction and future access. Barr assumes the City will
facilitate all easement and permission discussions with the impacted property owners with supporting
figures created by Barr. No additional survey work is anticipated with this scope, as the drawings will be
based on our previously collected topographic survey of the ditch. If additional survey data or property
and section corners are needed for any easements, a supplementary proposal will be provided for that
work.
Task 3. Field investigation
To lessen wetland permitting requirements, the goal of this project is to restore the drainage ditch to its
originally constructed dimensions. The wetland permitting process requires supporting evidence
regarding the originally constructed drainage ditch. To provide this evidence, Barr will perform soil
borings to identify the originally constructed channel bottom. This work will include hand auguring
through the accumulated sediment material to locate the original construction channel bottom. Soil
borings will be collected, at a minimum, every 200 feet along the channel centerline. Barr will also
reference proposed channel dimensions from the 1990 Industrial Park plans developed by the City for the
west portion of the ditch.
Barr will also collect sediment samples from the ditch based on MPCA guidelines for stormwater ponds, as
there currently is no guidance for drainage ditches. This will include collecting four samples along the
ditch for laboratory testing. The samples will be taken to a certified lab for testing of the eight RCRA
metals, copper, diesel range organics, and PAHs. PFOS and PFAS testing are not included in this scope. All
sample collection and testing expenses are included in the budget. We will provide a summary memo of
the sediment testing results and provide recommendations for sediment disposal.
Task 4. Preliminary construction plans/model review
After we complete the field investigation, we will prepare preliminary (60%) construction plans for wetland
permitting. These drawings will show the dimensions of the originally constructed ditch channel and
proposed sediment cleanout extents. The drawings will show a plan and profile view of the ditch and
several cross sections of the sediment removal. The drawings will also show potential sediment spoil
discharge locations if the spoils can be discharged on the agricultural field. Barr will provide a draft of the
preliminary plans to City staff for review.
Barr will input the preliminary designs of the ditch cleanout into the prior completed hydraulic/hydrologic
(XP SWMM) model developed for the industrial park area. We will review the model results to verify the
impacts of increased upstream drainage to the industrial park storm sewer, as noted in the prior
submitted drainage memo.
Page 85 of 162
Mr. John Powell
August 21, 2024
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Task 5. Wetland permitting
A. WCA Technical Evaluation Panel pre-application meeting
Barr will coordinate a pre-application meeting with City staff and the Local Government Unit (LGU) lead
for this project (the Dakota County Soil and Water Conservation District). The pre-application meeting
typically includes members of the Wetland Conservation Act – Technical Evaluation Panel and U.S. Army
Corps of Engineers (USACE) staff. The objective of this meeting is to obtain clear guidance on the
permitting process for the proposed cleanout project. We assume that this ditch cleanout project will
require WCA permitting, but not USACE permitting, as it is unlikely that the USACE has jurisdictional
authority over this watercourse.
B. Wetland delineation (if necessary)
A wetland delineation may be required for the proposed project for impacts to wetland areas along the
ditch. Part of the permit process may require wetland areas to be identified and construction measures
shown to limit impacts. The need of a wetland delineation will be determined during the pre-application
meeting. It is important that the wetland delineation occurs in the fall of 2024 when delineation (growing
season) conditions prevail. If the wetland delineation is delayed to the spring of 2025, project permitting
will be delayed to 2025 with construction likely delayed to 2026.
C. Hydrology memo (if necessary)
Depending on the scope of the wetland permit review, a hydrology memo may be required as part of the
wetland application. This memo will summarize the methodology in determining the clean out
parameters, indicate methods to preserve and protect associated wetlands, and briefly describe the
hydrologic/hydraulic impacts of the project on the drainage ditch and adjacent lands. The need for the
hydrology memo will be determined during the pre-application meeting.
D. WCA permit application
Barr will prepare and submit the WCA Joint Application form for the proposed cleanout project. Barr will
provide a draft of the application to City staff for review and approval prior to submittal. This joint
application form will be submitted to the TEP and USACE. This scope of work includes two virtual
meetings with the TEP, USACE, and City staff regarding the permit application and approval process.
Note: based on our understanding of the project and discussions with City and Vermillion River Watershed
Joint Powers Organization staff, no other permits are required for this project.
Task 6. Final construction documents
After the wetland permits have been approved, Barr will compile final construction documents for bidding
purposes. This includes preparing final construction plans and specifications related to the ditch cleanout
project. Anticipated final construction plans will include the following drawings:
I. Cover sheet
II. Notes, details, quantities
III. Existing conditions and erosion control plan
IV. Proposed cleanout conditions
V. Proposed plan and profiles
Page 86 of 162
Mr. John Powell
August 21, 2024
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VI. Detailed cross section sheets
VII. Site restoration
Barr will develop front-end contract documents using Engineers Joint Contract Documents Committee
(EJCDC) format including instructions to bidders, bid form, form of agreement, performance and payment
bonds, and general and supplementary conditions. We will prepare technical specifications using the
Construction Specification Institute’s (CSI) MasterFormat; the specifications will include relevant details
specific to the ditch cleaning project such as disposal requirements of spoil material. We will incorporate
specific City bidding documentation as necessary into the contract documents.
We will prepare an engineer’s opinion of probable cost for the compiled final construction plans in unit
price format, which will be used when reviewing submitted bids (Task 7). Draft final contract documents
will be submitted to City staff for review, and we will revise as necessary.
Task 7. Bidding assistance
We will prepare bidding documents and issue addenda as necessary. Bidding documents will be posted
via QuestCDN in which we will administer the bidding process, including responding to questions from
bidders. We will also prepare an advertisement for bid for the local publishing entity.
We will open bids virtually and publicly, review submitted bids, prepare a bid tabulation, and prepare a
bid recommendation letter to the City. We assume one virtual meeting with the City staff to review the bid
and award a contractor. Barr will also assist the City in the contracts and agreements with the award
contractor.
Estimated Costs and Schedule
The following table summarizes the estimated costs and schedule for completing the ditch cleanout
project. The estimated schedule assumes that an agreement is in place for this work by September 16,
2024.
A more detailed cost estimate is attached.
Task Description Estimated Cost Estimated Schedule
Task 1. Kickoff meetings $7,070 October-December 2024
Task 2. Landowner coordination and easements $4,225 January-April 2025
Task 3. Field investigation $6,940 October-November 2024
Task 4. Preliminary construction plans/model review $11,900 December 2024
Task 5. Wetland permitting $23,330 October 2024-April 2025
Task 6. Final construction documents $14,220 March-May 2025
Task 7. Bidding assistance $3,820 May-June 2025
Total $71,505
Page 87 of 162
Mr. John Powell
August 21, 2024
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Key Team Members
Karen Chandler will serve as Barr’s principal in charge for this project. In this role, Karen will provide
project oversight, ensuring that the project is executed as proposed and that your expectations are
understood and met throughout the entire project. Karen brings to the project her familiarity with the city,
based on her experience on the industrial park drainage project and her experience with preparing the
city’s surface water management plan.
Mark Origer will serve as project manager. In this role, Mark will draw on his recent experience on the
industrial park drainage project and career drainage and wetland permitting background to complete the
required wetland permits for the project. Mark will serve as the primary point of contact for Barr and lead
the day-to-day operations for the project.
Greg Fransen will serve as a technical advisor, acting as a resource for the project team based on his
familiarity with the City of Farmington’s hydrologic and hydraulic (XP SWMM) model.
Tyler Conley will serve as the lead environmental permitting specialist for the project. Tyler has many
years of experience related to environmental and regulatory permitting for all forms of water resources
projects.
We appreciate the opportunity to propose on this project and look forward to working with you. If this
proposal is acceptable, please send us an agreement incorporating this proposal for our review and
execution. If you have any questions, please contact me (612-247-6666, kchandler@barr.com).
Sincerely yours,
BARR ENGINEERING CO.
Karen L. Chandler, P.E.
Its Vice President
Attachments
Table of estimated costs for services
Page 88 of 162
224345v1
EXHIBIT “B”
SCHEDULE OF PAYMENT AND FEE SCHEDULE
Page 89 of 162
Farmington Industrial Park Ditch Cleanout
Estimated Cost for Services
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Task 1. Kickoff meetings 13 23 0 2 0 0 2 0 100$ 6,970$ 7,070$
Task 2. Landowner coordination and easements 3 5 0 0 16 0 0 5 -$ 4,225$ 4,225$
Task 3. Field investigation 0 14 0 0 0 0 20 0 1,900$ 5,040$ 6,940$
Task 4. Preliminary construction plans/model review 6 14 6 0 16 52 0 0 -$ 11,900$ 11,900$
Task 5. Wetland permitting 11 31 4 67 8 48 0 0 -$ 23,330$ 23,330$
Task 6. Final construction documents 9 30 0 0 12 58 0 0 -$ 14,220$ 14,220$
Task 7. Bidding assistance 4 16 0 0 0 4 0 0 -$ 3,820$ 3,820$
46 133 10 69 52 162 22 5 2,000$ 69,505$ 71,505$
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Professional Services Agreements with Advanced Engineering and Environmental
Services (AE2S) for the Well 1 Abandonment
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
Well 1 and Well 2 are located in a structure near the northwest corner of the Rambling River Center
(RRC). Well 2 has not been active for decades, and Well 1 was last used to regularly support the
City's pumping capacity in 2021. Both of these wells are about 400 feet deep and were drilled to the
Prairie du Chien/Jordan aquifer. Well 1 was constructed in 1938 and has far exceeded its 60-year
design life. When a well is no longer used, it needs to be properly removed from service in order to
protect the groundwater supply.
DISCUSSION:
To remove any obstructions for the planned RRC building and area improvements, the well project
is being expanded to include the complete abandonment of the well, removal of all equipment, and
demolition of the structure. The attached scope from AE2S includes the following:
Kickoff and regular project update meetings.
Research/review of the existing documentation available for the wells and building.
Coordination with approval agencies.
Preparation of 30%, 90%, and 100% final design plans and specifications.
Engineer's opinion of probable costs at multiple design development phases.
Bidding assistance, pre-bid meeting, bid tabulation and review.
It is expected that design development will take about eight weeks, with bidding in November and
site activity beginning in December of 2024.
On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Advanced
Engineering and Environmental Services (AE2S) is one of the firms in the consultant pool, has
expertise in this area, and is currently working on other water system tasks. AE2S has prepared the
attached scope and budget in consultation with City Staff.
BUDGET IMPACT:
The proposed not to exceed contract amount for AE2S is $52,444. The approved CIP identified
$50,000 for work on Well 1 but, with the improvements planned at the RRC building and area, the
project is being expanded to include the complete abandonment of the well, removal of all
equipment, and demolition of the structure. It is expected the construction costs will exceed
Page 91 of 162
$150,000. This work is related to the operation of the water system as a whole and are considered
non-lateral (trunk) improvements. Therefore, we recommend that the Water Trunk Fund be used as
the funding source.
ACTION REQUESTED:
Approve Professional Services Agreements with Advanced Engineering and Environmental
Services (AE2S) for the Well 1 Abandonment design.
ATTACHMENTS:
090324 PSA AE2S Well 1 Abandonment
Page 92 of 162
224345v1
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made this 3rd day of September,
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 Advanced
Engineering and Environmental Services LLC (AE2S), a North Dakota Limited Liability
Company, whose business address is 6901 East Fish Lake Rd, Suite 184, Maple Grove, MN 55369
(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 Justin Klabo,
Operations Manager (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 $52,444 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
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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
November 30, 2024. This Agreement may be extended upon the written mutual consent of the
parties for such additional period as they deem appropriate, and upon the terms and conditions as
herein stated.
5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and
information generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Engineer may retain copies of such documents as records of
the services provided. The City may use the Information for its purposes and the Engineer also
may use the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any
use of the Information by the City or the Engineer beyond the scope of the Project is without
liability to the other, and the party using the Information agrees to defend and indemnify the other
from any claims or liability resulting therefrom.
6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the Services to be provided shall constitute a material breach of this Agreement and
entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents,
and accounting procedures and practices related to services provided to the City are subject to
examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six
years.
7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill,
and diligence in the performance of the Services as is ordinarily possessed and exercised by a
professional engineer under similar circumstances. Engineer shall be liable to the fullest extent
permitted under applicable law, without limitation, for any injuries, loss, or damages proximately
caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts
to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by
factors beyond its control or that could not be reasonably foreseen at the time of execution of this
Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable
delays in the performance of its duties. No other warranty, expressed or implied, is included in
this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of
Engineer’s services.
8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless
the City, its officers, agents, and employees, of and from any and all judgments, claims, damages,
demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting
from any breach of this Agreement by Engineer, its agents, contractors and employees, or any
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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 per claim and aggregate. Said policy need not name the City as an
additional insured.
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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 and Automobile Policy, shall
apply on a “per project aggregate” 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 Professional Liability Policy
and Automobile 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
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of insurance, or to advise Engineer of any deficiencies in such documents and
receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s
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 Article 8, 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
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comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed
services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from
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
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224345v1
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
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.
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27. COUNTERPARTS. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original.
Dated: September 3, 2024 CITY: CITY OF FARMINGTON
By:
Joshua Hoyt
Mayor
By:
Shirley R Buecksler
City Clerk
Dated:__________________, 20___ ENGINEER:
By:
_____________________________ [print name]
Its
__________________________ [title]
Advanced Engineering and Environmental Services, LLC
Operations Manager
Justin Klabo
August 28 24
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224345v1
EXHIBIT “A”
SCOPE OF SERVICES
AND
EXHIBIT “B”
SCHEDULE OF PAYMENT AND FEE SCHEDULE
Page 101 of 162
August 28, 2024
City of Farmington
Mr. John Powell PE
Public Works Director/City Engineer
430 Third St.
Farmington, MN 55024
Re: Scope of Work
Well No. 1 and No. 2 Abandonment & Well House Demolition
Dear Mr. Powell:
Advanced Engineering and Environmental Services, LLC (AE2S) proposes to render professional
engineering services (Assignment) to City of Farmington (CLIENT) pursuant to the Engineering
Consulting Agreement between the City of Farmington and AE2S dated March 6, 2023.
Scope of Basic Services
The abandonment of Well No. 1 and No. 2, and demolition of structural, electrical, mechanical,
and process aspects of the well house will be completed with the following tasks:
Task 1 - Project Management and Coordination
a. Background: Project management and coordination is a key component of every
project to monitor project budget, scope, and schedule and coordinate with the
City Project Manager.
b. AE2S Services:
i. Internal and external team management.
ii. Schedule and budget management.
iii. Deliverables management.
iv. Integration of the AE2S team with the City.
v. QA/QC review of deliverable.
c. Deliverables:
i. Regular project updates.
d. Assumptions:
i. One (1) Kick-off Meeting in Farmington – September 2024.
ii. Two (2) Monthly Progress Update Meetings through completion of Final
Design.
iii. Two (2) Supplemental Coordination Meetings. Additional meetings are
anticipated to be needed throughout final design and bidding.
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City of Farmington
Page 2 of 6
iv. Materials will be provided to the City in advance of each scheduled
meeting. General agenda items will include project progress / review,
project schedule updates, and project budget updates.
Task 2 – Final Design Phase
a. Background: A design plan will be prepared for the abandonment of Well No. 1 &
No. 2, and the well house demolition at 325 Oak Street.
b. AE2S Services:
i. Research related to all existing documentation of Well No. 1 and No. 2,
including but not limited to, original well drilling documentation and
following well inspection documentation.
ii. Coordinate with original well driller (if possible) and MN Department of
Health to ensure that the design plan and bid documents are as accurate as
possible based on original well drilling logs.
iii. Visit the site to prepare the Design Documents (assumes 2 trips will be
necessary and each trip will be four (4) hours, including travel).
iv. Advise Owner if additional reports, data, information, or services are
necessary and assist Owner in obtaining such reports, data, information, or
services.
v. Prepare final design documents and opinion of probable costs for 30%,
90%, and 100% submittals.
vi. The Bid Package will include final drawings and Specifications indicating
scope, extent, and characteristics of the Work to be performed and
furnished by the Contractor.
c. Deliverables:
i. 30%, 90%, and 100% Final Design Plans.
1. Includes drawings indicating requirements for demolition, and site
restoration.
2. Also includes cross-sections showing previously documented
existing conditions of Well No. 1 and No. 2.
ii. Opinion of Probable Costs at each design plan submittal (30%, 90%, 100%).
iii. Table of Contents for Specifications and Bidding Documents (30%
submittal).
iv. Specifications and Bidding Documents (90% and 100% submittals).
v. Furnish for review by Owner electronic copies of the final Drawings and
Specifications, assembled drafts of other Construction Contract Documents,
Project Manual and any other Final Design Phase deliverables and review
them with Owner. Within 14 days of receipt, Owner shall submit to AE2S
any comments regarding the furnished items, and any instructions for
revisions.
1. Revise the Drawings and Specifications, and other Construction
Contract Documents in accordance with comments and instructions
from the Owner.
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City of Farmington
Page 3 of 6
2. Meetings to review comments for each plan review stage are
expected to take place during the Monthly coordination meetings
outlined under Task 1 – Project Management and Coordination.
d. Assumptions:
i. The scope assumes one combined coordination meeting with the Owner,
Contractor, MDH, DNR, and any other agencies needed to permit the
project.
ii. Owner will provide record documents of the well house and associated
pipework (interior and exterior of building) to AE2S prior to design.
iii. Permit application fees are the responsibility of the Owner.
iv. Contingencies of Opinion of Probable costs at 30% Deliverable Milestone
(30% Contingency), 90% Deliverable Milestone (15% Contingency), and
100% Deliverable Milestone (0% Contingency) are acceptable to the Owner.
v. All pipework to be disconnected from the distribution system will be cut
and capped in place abiding by City regulations / requirements.
vi. No surveying of the existing exterior conditions will be required.
vii. Hydrogeology of the wells will not be investigated during design.
viii. State permits for the well abandonment and wellhouse demolition will be
coordinated and handled by the Contractor. Owner will assist the
Contractor with any City related permits needed.
ix. Agency review (MDH review) will take place after Contractor completes
videoing and gamma log of Well No. 1 and Well No. 2. Agency review of
Contractor’s proposed plan of well abandonment will take a maximum of
30 days.
x. If agency review takes more than 30 days, the Construction assumed
schedule provided below will shift accordingly.
xi. Contractor’s sequence of work is as follows:
1. Video and gamma log taken at Well No. 1 and No. 2.
2. Video and gamma logs are provided to MDH along with
Contractor’s proposed plan of well abandonment.
3. Demolition of well house and appurtenances to be completed in 2
weeks after notice to proceed is officially signed.
4. Agency review of Contractor provided data and proposed plan of
well abandonment.
5. If approved by MDH, Contractor to abandon Well No. 1 and No. 2
within a Two (2) week timeframe.
Task 3 – Bidding
a. Background: After acceptance by Owner of the final Drawings and Specifications,
other Construction Contract Documents, bid documents and the most recent
Opinion of Probable Construction Cost as determined in the Final Design Phase,
and upon written authorization by Owner to proceed, AE2S shall assist Owner in
advertising and obtaining bids or proposals for the Work.
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City of Farmington
Page 4 of 6
b. AE2S Services:
i. Assist the Owner during the bidding phase by answering contractor
questions.
ii. Prepare and issue Addenda as appropriate to clarify, correct, or change the
issued documents.
iii. Provide information or assistance needed by Owner in the course of any
review of proposals or negotiations with prospective contractors.
iv. Consult with Owner as to the qualifications of prospective contractors.
v. Consult with Owner as to the qualifications of prospective subcontractors,
suppliers, and other individuals and entities proposed by prospective
contractors, for those portions of the Work as to which review of
qualifications is required by the issued documents.
vi. If the issued documents require, AE2S shall evaluate and determine the
acceptability of "or equals" and substitute materials and equipment
proposed by prospective contractors, provided that such proposals are
allowed by the bidding-related documents (or requests for proposals or
other construction procurement documents) prior to award of contracts for
the Work.
vii. Attend the bid opening, prepare bid tabulation sheets to meet Owner’s
schedule, and assist Owner in evaluating bids or proposals, assembling final
contracts for the Work for execution by Owner and Contractor, and in
issuing notices of award of such contracts.
viii. The Bidding Phase will be considered complete upon commencement of
the Construction Phase or upon cessation of negotiations with prospective
contractors.
c. Deliverables:
i. Bid Documents (Plans, Specs, Opinion of Probable Costs)
ii. Bid Tabulation Sheet (Summarizing prospective contractor bids)
iii. Pre-Bid Meeting Agenda and Minutes
iv. Addenda and Clarifications (as needed)
d. Assumptions:
i. Pre-Bid Meeting will be mandatory for all bidders and take place in person
at Farmington’s City Hall.
ii. The project will be bid one time and awarded to one prime bidder.
iii. No more than two (2) addenda will be needed for the project.
iv. City is responsible for advertising fees, executing the contract, and
preparing staff reports (as needed) for Council action.
v. Bid opening will be online via QuestCDN vBid System.
vi. Notice to Proceed will be signed within One (1) week of bid opening.
Construction to start in the first week of December 2024.
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City of Farmington
Page 5 of 6
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the
Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the
CLIENT, AE2S will provide services beyond the scope of this Scope of Work on an hourly basis in
accordance with the current Hourly Fee Schedule on file with the Client.
CLIENT’S Responsibilities
CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S:
1. Designate a person to act as CLIENT’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit instructions,
receive information, and interpret and define CLIENT’s policies and decisions with respect
to services for the Assignment.
2. Provide relevant information regarding requirements for the Assignment. AE2S shall be
entitled to use and rely upon all information provided by CLIENT or others in performing
AE2S’s services under this Agreement.
3. Provide access to the relevant site sufficient for AE2S to perform its services under this
Agreement.
4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have
been performed satisfactorily hereunder in accordance with the fee terms set forth herein.
CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section.
Performance Schedule
AE2S proposes to complete the proposed Scope of Services in accordance with the following
schedule:
Final Design September 2024 – October 2024
o 8 weeks upon NTP from Owner
Bidding November 2024
o 3 weeks
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City of Farmington
Page 6 of 6
Fees
AE2S shall render services under this Agreement on an hourly basis in accordance with our Hourly
Fee Schedule and not to exceed basis. A summary of the estimated costs for the scope of services
is as follows:
Project Phase Professional Fee Notes
Task 1 - Project Management and
Coordination $9,328 Hourly, not to Exceed Amount
Task 2 - Final Design $34,272 Hourly, not to Exceed Amount
Task 3 - Bidding $8,844 Hourly, not to Exceed Amount
Total $52,444
Acceptance
If this Scope of Work sets forth your understanding of our agreement, including the desired fees,
please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to
assist in this project and we look forward to working with you.
Sincerely,
Justin Klabo
Project Manager
AE2S CLIENT
Accepted this _____ day of
__________________________, 2024
By: _______________________________ By: ________________________________
Justin Klabo
Name (Print): ________________________
Title: Operations Manager
Title: ______________________________
Page 107 of 162
Klabo, PE Volkmann Puffe, PE Reynolds Process EIT
PM Project Engineer Senior Engineer Eng. Technician
2024 Billing Rate 244$ 168$ 197$ 109$ 140$
2025 Billing Rate 254$ 175$ 205$ 113$ 146$
Task 1 - Project Communication 16 31 0 0 0 47 $9,178 $150 $9,328
Project Management and Coordination (1 hr per week) - 2024 4 17 21 $3,832 $3,832
Project Management and Coordination (1 hr per week) - 2025 2 2 4 $857 $857
Kick-Off Meeting (1 hr), Site Visit and Travel (4 hrs), and Prep. (in person) - 2024 6 8 14 $2,808 $150 $2,958
Virtual Update Meetings (30 min), and Prep. (virtual) - 2024 2 2 4 $824 $824
Virtual Update Meetings (30 min), and Prep. (virtual) - 2025 2 2 4 $857 $857
Task 2 - Final Design 6 53 17 55 104 235 $34,272 $0 $34,272
Plan and Specification Development ( 30%, 90%, and 100% Design Submittals)24 10 55 80 169 $23,197 $23,197
Opinion of Probable Cost (30%, 90%, 100% Submittals)8 2 20 30 $4,538 $4,538
Coordination With Agencies and Contractor 10 4 14 $2,468 $2,468
Research on Original and Existing Well Conditions 8 1 4 13 $2,101 $2,101
Coordination With Owner (30%, 90%, and 100% Design and Cost Estimate Submittals)6 3 9 $1,968 $1,968
Task 3 - Bidding 4 28 13 2 2 49 $8,739 $105 $8,844
Communications - Pre-Bidding Administration 1 8 2 11 $1,982 $1,982
Addendums / Clarifications - Pre-Bidding Administration 8 2 2 2 14 $2,236 $2,236
Pre-Bid Meeting - Pre-Bidding Administration 3 3 6 $1,095 $105 $1,200
Bid Opening - Pre-Bidding Administration 1 2 2 5 $974 $974
Bid Review and Tabulation - Post-Bidding Administration 2 1 3 $533 $533
Recommendations - Post-Bidding Administration 1 1 1 3 $609 $609
Contracts - Post-Bidding Administration 1 4 2 7 $1,310 $1,310
Task 4 - Construction Services 0 0 0 0 0 0 $0 $0 $0
Pre-Construction Meeting (1-hr), Sit Visit and Travel (3 hrs), and Prep. (in person) - 2024 $0 $0
Onsite Time (2024)$0 $0
Onsite Time (2025)$0 $0
Construction Administration (2024)$0 $0
Construction Administration (2025)$0 $0
Bi-Weekly Progress Meetings (2024) - Meeting (1 hr), Travel (2 hrs), Prep. (in person)$0 $0
Bi-Weekly Progress Meetings (2025)$0 $0
Estimated Subtotal Hours for AE2S Staff - 2024 22 108 30 57 106 323
Estimated Subtotal Hours for AE2S Staff - 2025 4 4 - - - 8
Estimated Labor and Expenses for AE2S Staff 6,383$ 18,843$ 5,910$ 6,213$ 14,840$ $52,189 $255
Klabo, PE Volkmann Puffe, PE Reynolds Process EIT $52,444
Total
Total AE2S Not-to-Exceed Fee
Farmington Well Abandonment and Well House Demolition
City of Farmington, MN
Subtotal
Hours Labor Reimbursable
Expenses
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2
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Well 5 Retaining Wall Repair - Final Payment and Change Order No. 1
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
Construction of the Well 5 Retaining Wall Repair project is complete and the contractor, Vada
Contracting, LLC has requested final payment.
DISCUSSION:
A construction contract was awarded to Vada Contracting, LLC in the amount of $93,413.00 on
March 4, 2024; the following summarizes the proposed final contract amount:
Contract Award $ 93,413.00
Change Order No. 1 (Compensating) $ 16,146.21
Final Contract Amount $ 109,559.21
Public improvement contracts are based on estimated bid quantities. As the final bid quantities do
not always match the estimated bid quantities, a “compensating” change order is prepared at the
end of construction. By doing this, the final amount paid to the contractor matches the final contract
amount. The final contract amount reflects a contract increase of approximately 17.3%. The
majority of the overage was due to increased square footage of wall; Staff believes this is the result
of the estimated quantity being a bit low and added wall to better blend in with the site topography.
The unit price bid for the modular block wall placement was significantly lower in Vada's bid than
the remaining five bidders.
As this is the final payment, the contractor has also submitted the following required documents:
Consent of Surety to Final Payment
Minnesota IC-134 Confirmation
Lien Waiver
Two Year Warranty Bond for the Amount of the Contract
Approval of the final payment commences the two-year warranty period.
BUDGET IMPACT:
The original estimate to repair the wall using existing materials was nearly $80,000. With the
increased investment the city now has a large block retaining wall, with a fully functional drainage
system, and new fencing along the top. This project is funded via the Water Trunk Fund.
Page 109 of 162
ACTION REQUESTED:
Staff recommends approval of the final payment in the amount of $27,483.76 and Change Order
No. 1 in the amount of $16,146.21 to Vada Contracting, LLC for the Well 5 Retaining Wall Repair
project.
ATTACHMENTS:
Vada Contracting, LLC Pay Application No. 2 (FINAL)
22-05 Change Order No. 1
Consent of Surety 8.19.24
IC-134 Confirmation
RCP Lien Waiver - 8.14.24
Warranty Bond - 8.22.24
Page 110 of 162
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CITY OF FARMINGTON
CHANGE ORDER
Date: August 27, 2024 City Project No. 22-05 Change Order No. 1
(Compensating)
Project Name Well 5 Retaining Wall Repair
To Vada Contracting, LLC
for the City of Farmington, Minnesota
You are hereby directed to make the following change to your contract dated April 15, 2024. The
change and the work affected thereby are subject to all contract stipulations and covenants.
CHANGE ORDER
This change order provides for changes in the work scope of this contract according to the attached
itemization.
Amount of Original Contract $ 93,413.00
Additions approved to date $ 0.00
Deductions approved to date $ 0.00
Contract amount to date $ 93,413.00
Amount of Change Order No. 1 (Add) $ 16,146.21
Revised Contract Amount $ 109,559.21
APPROVALS:
Contractor: Vada Contracting, LLC City: Public Works Director/City Engineer
Approved By
John Powell P.E.
Date: Date: 8/28/2024
Page 112 of 162
Change Order No. 1 (Compensating)
BID SCHEDULE
CITY PROJECT NO. 22-05
WELL 5 RETAINING WALL REPAIR
CONT.QTY. TO +/-UNIT AMOUNT CONTRACT NET
CONTRACT ITEM UNIT QTY.DATE DIFFERENCE PRICE TO DATE AMOUNT CHANGE
1 MOBILIZATION LS 1 1 0.00 6,350.00$ 6,350.00$ 6,350.00$ -$
2 REMOVE CURB & GUTTER LF 100 100 0.00 11.00$ 1,100.00$ 1,100.00$ -$
3 REMOVE RETAINING WALL LF 117 117 0.00 21.00$ 2,457.00$ 2,457.00$ -$
4 SAWING BIT PAVEMENT (FULL DEPTH)LF 125 125 0.00 2.80$ 350.00$ 350.00$ -$
5 REMOVE BITUMINOUS PAVEMENT SY 60 60 0.00 8.00$ 480.00$ 480.00$ -$
6 TYPE SP 9.5 WEARING COURSE (3,C)TN 13 13.17 0.17 200.00$ 2,634.00$ 2,600.00$ 34.00$
7 STRUCTURE EXCAVATION LS 1 1 0.00 6,000.00$ 6,000.00$ 6,000.00$ -$
8 PREFABRICATED MODULAR BLOCK WALL SF 689 879 190.00 74.00$ 65,046.00$ 50,986.00$ 14,060.00$
9 STRUCTURAL BACKFILL CY 80 89.62 9.62 20.50$ 1,837.21$ 1,640.00$ 197.21$
10 DRAINAGE SYSTEM LS 1 1.00 0.00 3,300.00$ 3,300.00$ 3,300.00$ -$
11 CONCRETE CURB & GUTTER DESIGN B612 LF 100 103 3.00 45.00$ 4,635.00$ 4,500.00$ 135.00$
12 WIRE FIENCE DESIGN 60V-9322 LF 100 120 20.00 86.00$ 10,320.00$ 8,600.00$ 1,720.00$
13 SEDIMENT CONTROL LOG TYPE COMPOST LF 100 100 0.00 3.00$ 300.00$ 300.00$ -$
14 TURF ESTABLISHMENT LS 1 1 0.00 4,750.00$ 4,750.00$ 4,750.00$ -$
TOTAL BID SCHEDULE:109,559.21$ 93,413.00$ 16,146.21$
TOTAL COMPENSATING CHANGE ORDER NO. 1 109,559.21$ 93,413.00$ 16,146.21$
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Contractor Affidavit Submitted
Thank you, your Contractor Affidavit has been approved.
Confirmation Summary
Confirmation Number:1-335-648-096
Submitted Date and Time:15-Aug-2024 8:55:43 AM
Legal Name:VADA CONTRACTING LLC
Federal Employer ID:88-3004932
User Who Submitted:VADA Contracting LLC
Type of Request Submitted:Contractor Affidavit
Affidavit Summary
Affidavit Number:1120325632
Minnesota ID:8217763
Project Owner:CITY OF FARMINGTON
Project Number:22-05
Project Begin Date:15-May-2024
Project End Date:15-Aug-2024
Project Location:FARMINGTON, MN
Project Amount:$109,559.21
Subcontractors:No Subcontractors
Important Messages
A copy of this page must be provided to the contractor or government agency that hired you.
Contact Us
If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email)
withholding.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time.
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Pilot Knob Road Trail Preliminary Design Feasibility Report
Meeting: Regular Council - Sep 03 2024
INTRODUCTION:
The City of Farmington completed a Bike Pedestrian Plan in 2019. The Plan included a Phasing
Strategy with Priority Projects. Within the Priority Projects, connector trails and greenway trail
connections were identified. A connector trail missing segment on the west side of Pilot Knob Road
south of 197th Street was identified as a Priority Project. This missing segment is a dual trail gap
(east side of Pilot Knob Road south of 197th Street, as well) in Dakota County’s long-range vision
of the trail network. It has been identified by Dakota County as High Priority Trail Gaps. It is #13 out
of the top #20 high priority trail gaps within the county.
City Council, at its July 17, 2023 meeting, approved a Professional Services Agreement with Bolton
& Menk for preliminary design for Pilot Knob Road trail. In addition, a Joint Powers Agreement
(JPA) with Dakota County for this preliminary design along with the cost share was approved.
DISCUSSION:
Preliminary design for the Pilot Knob Road trail included a connector trail missing segment on the
west side of the road south of 197th Street and a trail on the east side of the road from Highway 50
(CSAH 50) to 195th Street (CR 64). The kickoff meeting was held in late July 2023 which included
reviewing existing conditions, project goals, and design criteria.
Two trail layouts were presented to Dakota County and City Staff to discuss the pros and cons of
each alignment to develop a final layout to present to the public at an open house. Based on the
discussion and feedback, one updated layout was shared at an open house on January 30, 2024.
Following the open house, City and County Staff met with Bolton & Menk to discuss the comments
we heard at the open house and determine if there were any that warranted an in-depth exploration
prior to beginning the feasibility report. Several comments included trail users desire to cross Pilot
Knob Road outside of the controlled intersection at CSAH 50 and the roundabout at CR 64. These
trail users were crossing Pilot Knob Road at 206th Street, 203rd Street, and 197th Street.
City and County Staff agreed it was important to explore crossing improvements on Pilot Knob
Road. The Staff member from Dakota County on this project visited with the County’s Traffic
Engineer about using the County’s pedestrian crossing analysis tool for at-grade crossings on Pilot
Knob Road. Due to the speeds, multiple lanes of traffic at the intersections, and right and left turn
lanes, in addition to the through lanes, the County does not have any solutions they would
recommend to improve safety for crossing at grade. In addition, the traffic volumes on the side
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streets are too low to justify a traffic signal currently. Thus, only a grade separated crossing in the
form of a pedestrian underpass was evaluated. The original scope of the project and JPA didn’t
include a pedestrian underpass evaluation. Bolton & Menk developed a proposal to complete the
pedestrian underpass evaluation, which included evaluation of the portion of trail along Pilot Knob
Road between 197th Street and 203rd Street, where existing geometry and evaluations lends itself
to be the best fit for the underpass. At the May 6, 2024 meeting, City Council approved the First
Amendment to the JPA with Dakota County for the Pilot Knob Road trail preliminary design for the
pedestrian underpass evaluation.
Matt Blazer from Bolton & Menk will be attending the meeting to present the Pilot Knob Road Trail
preliminary design and feasibility report. The presentation will include the proposed trails,
pedestrian underpass evaluation results, and estimated construction costs. The feasibility report is
included in the packet.
BUDGET IMPACT:
A cost estimate for construction of the connector trail missing segment on the west side of the road
south of 197th Street and a trail on the east side of the road from Highway 50 (CSAH 50) to 195th
Street (CR 64) is included in the feasibility report. The estimated construction cost is $2,131,000
plus a 10% contingency for an estimated total construction cost of $2,345,000. With Dakota
County’s current cost share of 85% / 15%, the County would contribute $1,993,250 and the City
would contribute $351,750 to construct the trails. Please note the cost share applies to actual
project costs and not the estimates.
ACTION REQUESTED:
City Council is asked to listen to the presentation, ask any questions you have, and discuss.
ATTACHMENTS:
Feasibility Report Pilot Knob Road Trail CSAH 50 to 195th St. (CR 64)
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