HomeMy WebLinkAbout01.21.25 Council PacketMeeting Location:
Farmington City Hall, Council
Chambers
430 Third Street
Farmington, MN 55024
CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, January 21, 2025
7:00 PM
Page
1.CALL TO ORDER 7:00 P.M.
2.PLEDGE OF ALLEGIANCE
3.ROLL CALL
4.APPROVE AGENDA
5.ANNOUNCEMENTS / COMMENDATIONS
5.1. Swearing in Police Department Personnel
Agenda Item: Swearing in Police Department Personnel - Pdf
5
5.2. Resolution Accepting Toys for Town Donations
Ask any questions you may have and then Staff recommends that you
approve Resolution 2025-11 Accepting Donations to the Farmington
Police Department Toys for Town Program, in the amount of $53,383.80
for community engagement efforts.
Agenda Item: Resolution Accepting Toys for Town Donations - Pdf
6 - 9
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. Amendment to Council Policy - 02, Council-Staff Communication
Protocol
Agenda Item: Amendment to Council Policy - 02, Council-Staff
Communication Protocol - Pdf
10 - 11
7.2. Application for Gambling Event Permit for Sypal Lundren Post dba VFW
7662
Agenda Item: Application for Gambling Event Permit for Sypal Lundgren
12 - 15
Page 1 of 126
Post dba VFW 7662 - Pdf
7.3. Application for Gambling Premise Permit for Farmington Youth
Basketball Association
Agenda Item: Application for Gambling Premise Permit for Farmington
Youth Basketball Association - Pdf
16 - 19
7.4. Application for Tobacco License for Farmington Smoke & Vape, Inc. dba
Farmington Smoke Shop, 115 Elm Street E, Suite E, Farmington
Agenda Item: Tobacco License for Farmington Smoke & Vape, Inc. dba
Farmington Smoke Shop, 115 Elm Street E, Suite E, Farmington - Pdf
20
7.5. Minutes of the January 6, 2025 Council Work Session
Agenda Item: Minutes of the January 6, 2025 Council Work Session -
Pdf
21 - 25
7.6. Minutes of the January 6, 2025 Regular City Council Meeting
Agenda Item: Minutes of the January 6, 2025 Regular City Council
Meeting - Pdf
26 - 34
7.7. Fourth Quarter 2024 New Construction Report, To Include Year End
Totals & Revenue Report.
Agenda Item: Fourth Quarter 2024 New Construction Report, To Include
Year End Totals & Revenue Report. - Pdf
35 - 38
7.8. Payment of Claims
Agenda Item: Payment of Claims - Pdf
39 - 40
Payment of Claims
7.9. Staff Approvals and Recommendations
Agenda Item: Staff Approvals and Recommendations - Pdf
41
7.10. Contract with Xcel Energy for Transformer Upgrade at the Rambling
River Center
Agenda Item: Contract with Xcel Energy for Transformer Upgrade at the
Rambling River Center - Pdf
42 - 48
7.11. Donation from the Farmington Sons of the American Legion to the
Rambling River Center
Agenda Item: Donation from the Farmington Sons of the American
Legion to the Rambling River Center - Pdf
49 - 50
7.12. Akin Road Improvement-Final Payment and Change Orders
Agenda Item: Akin Road Improvement-Final Payment and Change
Orders - Pdf
51 - 79
7.13. Professional Services Agreement with WSB for Staff Augmentation
Agenda Item: Professional Services Agreement with WSB for Staff
Augmentation - Pdf
80 - 92
7.14. Solid Waste and Recycling Coordination Services Joint Powers
Agreement
Agenda Item: Solid Waste and Recycling Coordination Services Joint
93 - 104
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Powers Agreement - Pdf
8.PUBLIC HEARINGS
8.1. Application for On-Sale and Sunday Intoxicating Liquor License from
Granowski14 LLC dba The Mug
Conduct the public hearing and motion to approve the On-Sale
Intoxicating and On-Sale Sunday Liquor License for Granowski14 LLC
dba The Mug, located at 18450 Pilot Knob Road #A, Farmington, MN.
Agenda Item: Application for On-Sale and Sunday Intoxicating Liquor
License from Granowski14 LLC dba The Mug - Pdf
105 - 110
8.2. WITHDRAWAL - Petition to Vacate Drainage and Utility Easement over
PID: 14-82500-00-040 (Outlot D, Vermillion Grove)
Close the public hearing and accept the withdrawal of the application.
Agenda Item: WITHDRAWAL - Petition to Vacate Drainage and Utility
Easement over PID: 14-82500-00-040 (Outlot D, Vermillion Grove) - Pdf
111 - 112
9.AWARD OF CONTRACT
10.PETITIONS, REQUESTS AND COMMUNICATIONS
10.1. Meadowview Preserve 2nd Addition Final Plat
Adopt Resolution No. 2025-14 Approving the Meadowview Preserve
2nd Addition Final Plat contingent upon the following:
1. The satisfaction of all engineering comments related to the
construction plans for grading, streets and utilities.
2. A Development Contract between the Developer and City of
Farmington shall be executed, and security fees and costs shall
be paid. Submission of all other documents required under the
Development Contract shall be required.
Agenda Item: Meadowview Preserve 2nd Addition Final Plat - Pdf
113 - 117
11.UNFINISHED BUSINESS
12.NEW BUSINESS
12.1. Appointments to Boards and Commissions for 2025
Approve appointments and terms as listed above to the Parks and
Recreation Advisory Board, Planning Commission, Rambling River
Center Advisory Board, and Water Board for 2025.
Agenda Item: Appointments to Boards and Commissions for 2025 - Pdf
118 - 126
13.CITY COUNCIL ROUNDTABLE
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14.ADJOURN
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Gary Rutherford, Police Chief
Department:Police
Subject:Swearing in Police Department Personnel
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
Police Chief Rutherford will present the following personnel to be sworn in:
CSO Braeden Bierbrauer
Police Officers Bradyn Willford and Gavin Janovsky
Police Sergeants Daniel Miller and Casandra Redmond-Palo
Deputy Chief Nathanael Siem
The City Clerk will administer the Oath of Office in groups by rank.
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Gary Rutherford, Police Chief
Department:Police
Subject:Resolution Accepting Toys for Town Donations
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The Farmington Police Department has coordinated the Toys for Town program since 1988,
making the 2024 event our 37th consecutive year of providing toys, gifts, and food to Farmington
area families in need over the holiday season.
DISCUSSION:
Toys for Town is an unbudgeted community engagement program offered each year by the
Farmington Police Department. The program was founded in 1988 by Chief Dan Siebenaler and
initially served just a family or two with toys and gifts during the holiday season. The program has
grown steadily over it's now 37-year existence.
This year, Toys for Town provided toys, gifts, and meals to 144 families and with 450 children.
Children from infants up to 13 years of age each received toys and gifts. Children from 14 to 17
years of age each received a Visa gift card, and each family received a voucher for a complete
holiday meal kit from the Lakeville Hy-Vee.
with exclusively conducted be must and is program this noted, previously As unbudgeted
donations. We received enough donated toys and gifts that every child received five to six gifts.
Even after that, there were enough remaining to make a sizeable donation of excess toys to the
military outreach group Stewardship Ways.
Tonight, we are here to ask Council to acknowledge and formally accept the monetary donations
provided by a large number of Farmington area residents, businesses, business owners, civic, and
fraternal organizations. Our 2024 fundraising goal was set at $35,000. We are pleased to report
that our incredible community responded by donating an astonishing $53,383.80. A complete list of
financial donors is included as supporting documentation for the proposed resolution.
BUDGET IMPACT:
Toys for Town is funded exclusively thru donations. Any donation or portion of donation not used is
held in our Community Engagement fund for future use.
ACTION REQUESTED:
Ask any questions you may have and then Staff recommends that you approve Resolution 2025-11
Page 6 of 126
Accepting Donations to the Farmington Police Department Toys for Town Program, in the amount
of $53,383.80 for community engagement efforts.
ATTACHMENTS:
Resolution - 2024 T4T Donations
Donation List
Page 7 of 126
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-11
A RESOLUTION ACCEPTING DONATIONS
TO THE FARMINGTON POLICE DEPARTMENT
TOYS FOR TOWN PROGRAM
WHEREAS, numerous private individuals, businesses, civic, and fraternal organizations
have donated funds in a variety of amounts (see attached list) totaling $53,383.80; and
WHEREAS, The Farmington Police Department will utilize these donations to administer
the Toys for Town program and other community engagement programming; and
WHEREAS, it is required by state statute that such donations be formally accepted; and
WHEREAS, it is in the best interests of the City to accept these donations.
NOW, THEREFORE, BE IT RESOLVED, that Farmington Mayor and City Council
hereby accepts with sincere gratitude these generous donations for the Farmington Police
.
Adopted by the City Council of the City of Farmington, Minnesota, this 21st day of January 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Amendment to Council Policy - 02, Council-Staff Communication Protocol
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
For Council approval is an amendment to Council Policy - 02, Council-Staff Communication
Protocol.
DISCUSSION:
At their work session on January 6, 2025, the City Council directed Staff to amend Council Policy -
02 to include the underlined sentence:
Council-Staff Communications Protocol
In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that
Council members communicate with the administrator or appropriate department director on all
service related issues. It is important that when a service related issue affecting the organization is
in question, that the administrator or affected department director is notified to provide Council with
a senior level management response. Any communication with any member of our team should
always include the City Administrator.
ACTION REQUESTED:
Approve the amendment to Council Policy - 02, Council-Staff Communication Protocol.
ATTACHMENTS:
Council Policy 2 - Council-Staff Communication, amended 1.21.25
Page 10 of 126
Adopted 10/6/97
COUNCIL POLICY - 02
Council-Staff Communication Protocol
In order to maintain a consistent, open, and mutually productive relationship, it is encouraged
that Council members communicate with the administrator or appropriate department director on
all service related issues. It is important that when a service related issue affecting the
organization is in question, that the administrator or affected department director is notified to
provide Council with a senior level management response. Any communication with any
member of our team should always include the City Administrator.
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Application for Gambling Event Permit for Sypal Lundgren Post dba VFW 7662
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
Sypal Lundgren Post dba VFW 7662 has submitted a Gambling Event Permit Application for
gambling activities to be conducted at the VFW, 421 Third Street (back room), Farmington,
Minnesota.
DISCUSSION:
The City has received an application from Sypal Lundgren Post dba VFW 7662 for approval of an
application to conduct gambling in the back room of the VFW located at 421 Third Street,
Farmington, Minnesota, between February 1, 2025 and November 30, 2025. Per Minnesota
Statute, local government approval is required prior to approval by the Gambling Control Board.
A background investigation is not required for a Gambling Event Permit. Staff recommends
approval of this application and adoption of Resolution 2025-12 Concurring with the Issuance of a
Minnesota Lawful Gambling Permit to Conduct Off-Site Gambling (Bingo) for Sypal Lundgren Post
dba VFW 7662, February 1 - November 30, 2025.
BUDGET IMPACT:
No fee.
ACTION REQUESTED:
Adopt Resolution 2025-12 Concurring with the Issuance of a Minnesota Lawful Gambling Permit to
Conduct Off-Site Gambling (Bingo) for Sypal Lundgren Post dba VFW 7662, February 1 -
November 30, 2025.
ATTACHMENTS:
2025-12 Gambling Off-Site Permit, VFW Feb-Nov 2025
Gambling Application, VFW Post 7662_Redacted
Page 12 of 126
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-12
A RESOLUTION CONCURRING WITH THE ISSUANCE
OF A MINNESOTA LAWFUL GAMBLING PERMIT
TO CONDUCT OFF-SITE GAMBLING (BINGO)
SYPAL LUNDGREN POST dba VFW 7662, FEBRUARY 1 NOVEMBER 30, 2025
WHEREAS, Sypal Lundgren Post dba VFW 7662 has made application for a Lawful
Gambling Permit to the Gambling Control Board to conduct off-site gambling in the form bingo;
and
WHEREAS, off-site gambling will be held in the back room of the VFW located at 421
Third Street, Farmington, Minnesota; and
WHEREAS, the City of Farmington has no objections to the said activity.
NOW, THEREFORE, BE IT RESOLVED that the Farmington Mayor and City Council
hereby concur with the issuance of a Lawful Gambling Exempt by the Gambling Control Board to
the Sypal Lundgren Post dba VFW 7662 to conduct off-site gambling at 421 Third Street (back
room), Farmington, Minnesota, between February 1 and November 30, 2025.
Adopted by the City Council of the City of Farmington, Minnesota, this 21st day of January 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Application for Gambling Premise Permit for Farmington Youth Basketball
Association
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
Farmington Youth Basketball Association has submitted a Gambling Premises Permit Application
for gambling activities to be conducted at The Mug, 18450 Pilot Knob Road #A, Farmington,
Minnesota.
DISCUSSION:
The City has received an application from Farmington Youth Basketball Association for approval of
a Gambling Premises Permit Application to conduct gambling at The Mug located at 18450 Pilot
Knob Road #A, Farmington, Minnesota. Per Minnesota Statute, local government approval is
required prior to approval by the Gambling Control Board.
A successful background investigation was completed by the Police Department with no concerns.
Staff recommends approval of this application and adoption of Resolution 2025-10 Concurring with
the Issuance of a Minnesota Lawful Gambling Premises Permit Application for Farmington Youth
Basketball Association at The Mug, 18450 Pilot Knob Road #A, Farmington, Minnesota.
BUDGET IMPACT:
The Applicant has paid the $50 investigation fee.
ACTION REQUESTED:
Adopt Resolution 2025-10 Concurring with the Issuance of a Minnesota Lawful Gambling Premises
Permit Application for Farmington Youth Basketball Association at The Mug, 18450 Pilot Knob
Road #A, Farmington, Minnesota.
ATTACHMENTS:
2025-10 Gambling Premises Permit, Farmington Youth Basketball
Application for Gambling Premise Permit, FYBA_Redacted
Page 16 of 126
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-10
A RESOLUTION CONCURRING WITH THE ISSUANCE
OF A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION
FOR FARMINGTON YOUTH BASKETBALL ASSOCIATION
AT THE MUG, 18450 PILOT KNOB ROAD #A, FARMINGTON, MINNESOTA
WHEREAS, a Minnesota Lawful Gambling Premises Permit Application was received by
the City of Farmington from Farmington Youth Basketball Association for charitable gambling to
be conducted at The Mug, 18450 Pilot Knob Road #A, Farmington, Minnesota; and
WHEREAS, the Chief Executive Officer declares that all information is true, accurate and
complete; and
WHEREAS, the Chief Executive Officer declares that any changes in the application
information will be submitted to the Gambling Control Board and the City of Farmington within
ten (10) days of change; and
WHEREAS, the application has been approved by the Police Chief, and the City of
Farmington has no objection to said activity.
NOW, THEREFORE, BE IT RESOLVED, that Mayor Hoyt and the Farmington City
Council hereby concur with the issuance of a Minnesota Lawful Gambling Premises Permit by the
Gambling Control Board to the Farmington Youth Basketball Association for gambling activities
to be conducted at The Mug, 18450 Pilot Knob Road #A, Farmington, Minnesota.
Adopted by the City Council of the City of Farmington, Minnesota, this 21st day of January 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Application for Tobacco License for Farmington Smoke & Vape, Inc. dba
Farmington Smoke Shop, 115 Elm Street E, Suite E, Farmington
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
For Council approval is an application from Farmington Tobacco & Vape, Inc. dba Farmington
Smoke Shop for a Tobacco License at 115 Elm Street E, Suite E, Farmington.
DISCUSSION:
as License Tobacco a for application submitted has Sulaiman, Ibraham Applicant, The an
Farmington Tobacco & Vape, Inc. dba Farmington Smoke Shop, located at 115 Elm Street E, Suite
E, in Farmington. This application has been reviewed and approved by the Police Chief.
Staff recommends approval of this Tobacco License with an effective date of January 21, 2025
through December 31, 2025.
BUDGET IMPACT:
The license fee of $200 was paid by the Applicant and coded to 2025 license revenues.
ACTION REQUESTED:
Approve the Tobacco License for Farmington Tobacco & Vape, Inc. dba Farmington Smoke Shop,
115 Elm Street E, Suite E, Farmington, Minnesota.
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Minutes of the January 6, 2025 Council Work Session
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
For Council approval are the minutes of the January 6, 2025 Council Work Session.
ACTION REQUESTED:
Approve the minutes of the January 6, 2025 Council Work Session.
ATTACHMENTS:
01.06.25 Work Session Minutes
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Minutes of the January 6, 2025 Regular City Council Meeting
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
For Council approval are the minutes of the January 6, 2025 Regular City Council Meeting.
ACTION REQUESTED:
Approve the minutes of the January 6, 2025 Regular City Council Meeting.
ATTACHMENTS:
01.06.25 Council Minutes
Page 26 of 126
City of Farmington
Regular Council Meeting Minutes
Monday, January 6, 2025
The City Council met in regular session on Monday, January 6, 2025, at Farmington City
Hall, 430 Third Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the meeting to order at 7:00 p.m.
2. SWEARING IN CEREMONY
City Clerk Buecksler provided the Oath of Office for Mayor Joshua Hoyt,
Councilmember Steve Wilson, and Councilmember Jake Cordes, after which they took
their seats at the Council table.
3. PLEDGE OF ALLEGIANCE
Mayor Hoyt led everyone in the Pledge of Allegiance.
4. ROLL CALL
Members Present: Mayor Joshua Hoyt
Councilmembers Holly Bernatz, Jake Cordes, Nick Lien, and
Steve Wilson
Members Absent: None
Staff Present: Lynn Gorski, City Administrator
Amy Schmidt, City Attorney
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
5. APPROVE AGENDA
Motion was made by Councilmember Cordes and seconded by Councilmember Wilson
to approve the agenda as presented.
Motion carried: 5 ayes / 0 nays
Page 27 of 126
6. ANNOUNCEMENTS / COMMENDATIONS
5.1 Dakota County Update from District 1 County Commissioner Mike Slavik
Mayor Hoyt welcomed Commissioner Slavik who provided an update on recent
County initiatives, projects, and policy developments that impact our city.
7. CITIZENS COMMENTS / RESPONSES TO COMMENTS
The following citizen(s) addressed the Council:
David Pritzlaff, 20255 Akin Road, Farmington
8. CONSENT AGENDA
8.1 2025 City Calendar of Meetings and Important Dates
8.2 Annual Attendance Report for Boards and Commissions
8.3 City Council By-Laws
8.4 Resolution 2025-08 Designating Official Depositories
8.5
8.6 Minutes of the December 2, 2024 Council Work Session
8.7 Minutes of the December 2, 2024 Regular City Council Meeting
8.8 Minutes of the December 16, 2024 Regular City Council Meeting
8.9 Resolution 2025-07 Designating Data Practices Responsible Authority
8.10 FY2025 Community Development Block Grant Funds Application
8.11 Joint Powers Agreement with the University of Minnesota for the Purchase of
Supplies, Commodities, and Equipment
8.12 Payment of Claims
8.13 Award TNC Industries Inc. to Install a Diesel Exhaust Extraction System for Both
Fire Stations
8.14 Staff Recommendation for the Appointment of Matthew Elliot as Police Officer
8.15 Agreement with Great River Automation for Building Automation System at City
Hall
8.16 Resolution 2025-03 Declaring Items as Surplus and Authorizing Disposal (Parks
and Recreation)
8.17 Resolution 2025-02 Accepting a Donation from Finch & Daisy Consulting to the
Rambling River Center
8.18 Resolution 2025-01 Accepting a Donation from Kathryn Akin to the Rambling
River Center
8.19 Resolution 2025-09 Accepting a Donation from Carol Sprute to the Rambling
River Center
8.20 Receive Bids and Award a Contract for the 2025 Winter Tree & Stump Removal
to SavATree LLC
Motion was made by Councilmember Bernatz and seconded by Councilmember
Wilson to approve the Consent Agenda, as presented.
Motion carried: 5 ayes / 0 nays
Page 28 of 126
9. PUBLIC HEARINGS
10. AWARD OF CONTRACT
11. PETITIONS, REQUESTS AND COMMUNICATIONS
12. UNFINISHED BUSINESS
13. NEW BUSINESS
13.1 Designation of Acting Mayor for 2025
Motion was made by Councilmember Lien and seconded by Councilmember
Wilson to approve the appointment of Councilmember Holly Bernatz as Acting
Mayor for 2025.
Motion carried: 5 ayes / 0 nays
13.2 Resolution Approving 2025 Council Committee Appointments
Motion was made by Councilmember Cordes and seconded by Councilmember
Bernatz to adopt Resolution 2025-05 Approving Appointments to Council
Committees for 2025, as listed below:
Page 29 of 126
Motion carried: 5 ayes / 0 nays
14. CITY COUNCIL ROUNDTABLE
City Attorney Schmidt:
A Farmington fun fact that I found interesting is that Farmington was one of the first
communities in the United States to offer free rural mail delivery in 1897.
Councilmember Lien:
I hope everyone had a good holiday, and congratulations to Steve, Jake, and Josh.
I ve known all of you for a long time now, so I m looking forward to the next couple
of years.
Councilmember Bernatz:
Happy New Year, everybody. Congratulations, Gentlemen. Glad to have you back
and glad to have you here.
Something that came up in our neighborhood in conversation over the holiday is
the abundance of dead waterfowl on certain bodies of water in Farmington and
throughout the entire southern Minnesota area. If you live by a body of water right
now in Farmington and you see an above average of dead geese or swans,
unfortunately, on your water, please contact the Minnesota DNR. They are aware
of this as a situation, and they believe it to be some sort of bird flu. The DNR is
encouraging that residents do not handle the waterfowl on their own but, rather, to
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let the DNR come out and remove them. The expectation is that the ice is stable,
and we ve had some cold weather that they ll be able to do that in the coming
weeks. So just be mindful of that, if it s something that s affecting you. Let the DNR
now and they ll come out and take care of it for you. Keep your dogs away. Keep
your kids away if they like pond hockey. Don t go out there and think that you re
going to start yanking on the geese on your own and pull them out. It s better to let
people that know how to handle this take care of it. There is a whole process on
how they re disposing of them, as well. If you think it s not a big deal, just remember
that there are scavenger animals and scavenger birds, particularly bald eagles, that
like to feed on this, and the DNR would like to see that no one else and nothing else
gets sick.
Councilmember Cordes:
Happy New Year to everybody. I really look forward to this opportunity. Thank you
to the community for giving me this amazing opportunity to serve Farmington over
the next four years. Thank you to my peers and City Staff for meeting with me over
the last couple months to get me up to speed and get me ready to do the job on
day one. And thank you to my family and friends who came out tonight to encourage
me on night one. But, specifically, thank you to my wife, Bridget, and my son, Oliver,
for staying up past their bedtimes till the end of the meeting and for your
encouragement and support during the campaign and over the next four years.
Councilmember Wilson:
I too would like to thank the community for their vote of support. It was really almost
a blur in time back to November because my Dad passed away just a couple days
after the election. It was actually kind of a neat moment for me because I was able
to see the election results as I was sitting bedside with him. Kind of a neat memory,
so thank you Farmington community for your support.
Congratulations to the Mayor and Jake, also. The one comment I want to make
about Jake is that he probably spent 12 to 14 months, maybe longer, attending
every single City meeting and workshop, and he s super involved in the community,
as we all know. So I just want to commend you, Jake, because there is a lot to
know. We have another former Councilmember in the audience tonight, also. There
is a lot to know when you serve in this role. The good news is you get to learn
throughout the entire time that you re on the Council, so it s very rewarding in that
way.
Also, we always have a lot of good stuff on the Consent Agenda. Almost every week
we see donations from individuals that go towards the Rambling River Center. I
want to call out Finch & Daisy they had a really generous donation and it s
something they wanted to give. It doesn t take anything away from any other
donation, but I know that Finch & Daisy, in particular, does so many good things
through the Rotary and this donation, as well. There are so many donors to the
Rambling River Center that all of you, small or large, are greatly appreciated.
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Administrator Gorski:
Welcome back, Mayor Hoyt and Councilmember Wilson, and welcome to
Councilmember Cordes. We re excited to start working with you on the dais.
Our regularly scheduled Council meeting is January 20th, but it has been changed
to January 21st in observance of Martin Luther King Jr. Day.
Clerk Buecksler:
I don t have anything to share tonight, I m just happy to be back.
Director Kuennen:
I m excited to talk about a collaboration that we re kicking off this year. We are
collaborating with Dakota County Technical College (DCTC) to do a business
survey. All of our businesses in town should be getting an invitation to take the
survey. We really want to hear from our businesses, and we will be having an event
in February that they ll be invited to. We re calling it Building A Stronger Future
Together The Farmington Business Summit. So if you re a local business, please
look out for that survey link request coming from DCTC. Again, this is a
collaboration that we and the college are excited about. Please participate in that
and look for the invitation to attend this upcoming summit.
Director Powell:
I want to highlight one of the items on the Consent Agenda. We continue to
implement our Emerald Ash Borer (EAB) Management Plan, and tonight you
awarded a contract for removing 216 ash trees and another 102 ash tree stumps
where the trees were taken out as a public safety measure before the stumps could
be taken out. We continue to get very competitive prices, and we had six responsive
bidders on this contract. We re very happy to see that we re getting strong interest,
even as we continue with these large contracts for removals.
Director Omlid:
Outdoor rinks and warming houses officially opened today. As you know, we have
warming houses at both Distad rink and at Rambling River Park behind Dodge
Middle School. We also flood a pleasure rink at Farmington Elementary School. So
warming houses are now open for the season.
This Sunday, the Sons of the American Legion Omelet Breakfast is at the VFW
from 8 am to Noon, and proceeds go to the Rambling River Center.
On Sunday, January 19th, is S mores and More at Rambling River Park from 2 to 4
pm at the warming house. We ll have music, ice skating, hot chocolate, and s mores
so come out and join us on that particular day.
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Director Sommerland:
It s only the first full week in January and, already, we have our auditors on site.
They were here today and will be here tomorrow to begin their review of 2024 data.
And then they will be back on March 31st to finish up with their field work.
Chief Price:
January 31st, we begin the process of hiring for our Paid-On-Call Firefighters. Check
our website and social media for informational open houses that we will be having.
In March, this will close, and we will begin the process of interviews, with a start
date of July.
Chief Rutherford:
Taking a page out of the City Attorney s book, a fun Farmington fact is everybody s
favorite chip dip or potato topping, Top the Tator is made right here in Farmington.
Mayor Hoyt:
I think the top has been removed from the container about this summer s event.
What we know as Mountain Dew Days, which has had multiple names over the
years, the Dew Days Committee has partnered with Kemps. This year s event will
be called Top the Tator Days. It will be supportive of a local business who has
national recognition. I m sure there will be crazy things like, how much Top the Tator
can you eat over a period of time and many themed things around the event. We
used to drink a lot of Mountain Dew and things changed, and now it s Top the Tator
Days. From what I hear, their marketing team and their communications team will
be doing a lot of work to help promote the event.
Congratulations, Jake and Steve. Both long term servants of the community, both
long standing residents, and I have no doubt that you will both continue to serve
the community, its residents, and its businesses in the best way possible. I look
forward to everything that 2025 has in store. A former City Administrator and I were
having a light conversation outside and said how time flies, and it does. It was just
six years ago that I raised my hand, standing right over there, and asked to be a
part of this crazy ride that is representing your community. There are a lot of things
when you initially raise your hand that you believe happen or you believe you have
some level of involvement with, and you quickly realize how much you don t have
a say in a lot of things. Your purview becomes very narrow, and you rely on your
team and the Staff that is the team of the City of Farmington to go out and execute
the work. A lot earlier in 2024, I was asked why would you continue to do it? In light
of all the people that show up and tell you what you re not doing, all the bad
decisions that you make, and all the things, there are those who don t show up to
meetings who go out of their way because they support you but they don t want to
be pulled into the masses that are openly criticized and drug through the social
media vitriol that does exist. I think when it really hit me was when my 14-year-old
son came home with some profanities that were laced at him by a schoolmate. I
know that these 13 and 14-year-old kids don t come up with this stuff on their own
it comes from their parents. I think that says more about the state of society than
Page 33 of 126
it does about the City of Farmington. If we, as a society, are going to be better, we
individually have to be better. Every one of us, and that starts with me. I need to be
a better representative for the City of Farmington. I need to be more positive in all
areas. Showing up and doing the work isn t just part of the job, it s the responsibility
of the job. But you do it knowing that you are constantly subject to criticism, and
you re constantly subject to the naysayers and the you re not doing this right or it
could be done better. We have made it our goal, and we have put it in as our pillar
a little over four and a half years ago that we are transparent. Trust me, there is
nobody sitting on their doorstep waiting for FedEx or UPS to show up with
envelopes with money in it. I think you watch a little bit too much of the national
news to believe that that stuff actually exists in the city of Farmington. Because they
don t show up to my doorstep, and I know they re not showing up to my peers
doorsteps. Each one of us has raised our hand, has stepped forward to serve this
community and we do it knowing that anybody at anytime can come up and criticize
us and say whatever it is that they want. Because it s their home, too. We are here
to try to do the best that we can with the information that we have in front of us. For
some people, it s never going to be enough. But for the rest of the community, and
the majority that we interact with on a daily basis, we re here to serve. And I don t
think there s any question that either myself or my peers do that in every situation
possible. So for those that continue to support, I say thank you. For those that have
not and believe otherwise, we will continue to show you that we have Farmington s
best interest at heart, and we will continue to make decisions on behalf of the
betterment of the majority of the residents of this community and move us forward
to a time where this city can continue to thrive and we can be proud of the things
that we re doing, even if we disagree with how it looks like.
15. ADJOURNMENT
Motion was made by Councilmember Cordes and seconded by Councilmember
Bernatz to adjourn the meeting at 7:51 pm.
Motion carried: 5 ayes / 0 nays
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 34 of 126
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Josh Lawrenz, Building Official
Department:Community Development
Subject:Fourth Quarter 2024 New Construction Report, To Include Year End Totals &
Revenue Report.
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The following report summarizes the new construction permits issued during the fourth quarter of
2024 and the year-end building permit totals. A 5-year comparison graph is attached. The graph
tracks both the number of Single-Family Dwellings constructed and the number of inspections
performed annually by the Building Inspections Department.
DISCUSSION:
During the fourth quarter of the 2024 building construction season
(October 1st through December 31st):
Commercial Activity:
City issued a permit to Yellow Tree Corp for a new 168-unit apartment building being
constructed.
A new building permit was issued for a new warehouse/office project.
A remodel permit was issued to CM Construction for the remodel of the Rambling River
Center.
Residential Activity:
City issued 46 new single-family building permits.
City issued 10 permits for new/replacement decks and 2 permits for porch additions.
City issued 38 permits for window/door replacement
City issued 22 permits for interior finish/remodel work.
The average building valuation for single family homes during the 4th quarter of 2024 was $208,021
slightly lower than the third quarter of 2024.
(Note that the valuation averages do not represent the average sale price or average market value
of the homes built, since the values do not include the property value or added amenities as part of
the building code formula).
Page 35 of 126
2024 - Year End Building Permit Activity
All permitted residential work valuation reported for 2024; Total Valuation $54,545,614
Listed below is a summary of common or key projects that were permitted. (Not all included)
Residential City issued a total of 203 permits for single
family homes/townhouses
$45,570,200
Residential City issued 98 permits for new deck/repairs $435,707
Residential City issued 3 permits for newly constructed
garages/repairs
$88,907
Residential City issued 70 permits for additions and interior
finish work
$1,002,335
Residential City issued 257 permits for roofing, siding and
window/door projects
$4,601,052
All permitted commercial work valuation reported for 2024; Total Valuation $38,089,222
Listed below is a summary of common or key projects that were permitted. (Not all included)
Commercial The “Rye” Apartment Building (168 units)
Yellow Tree Corp $30,009,620
Commercial (49) New, addition, interior finish/remodel
projects permitted $7,073,452
Commercial (28) Re-roof projects permitted $1,006,150
2024 Building Inspection Department (Revenue)
Total Revenue $1,061,251
Permits applied for online – ePermits Activity
Building - $32,275
Plumbing/Mechanical - $28,650
Electrical - $19,454
Permits applied for at City Hall
Building - $925,099
Plumbing/Mechanical - $46,649
Electrical - $9,124
Building Inspections – Inspections Performed
Building – 6,489 Inspections performed
Plumbing – 353 Inspections performed
Mechanical – 271 Inspections performed
Electrical – 1075 Inspections performed
Year-End Population Estimate
Projected fourth quarter 2024 total population estimate of 24,970.
(Certificate of Occupancies x 2.93 factor)
BUDGET IMPACT:
None
Page 36 of 126
ACTION REQUESTED:
For information only. No action is required.
ATTACHMENTS:
4th Quarter Chart
Page 37 of 126
82
119
139 148
203
2020 2021 2022 2023 2024
New Single-Family Dwellings
3539
5108
5772
6029
6489
277 258 369 345 353380411351324 271
837 953 905 998 1075
0
1000
2000
3000
4000
5000
6000
7000
2020 2021 2022 2023 2024
Building Inspections Performed - Annually
Building Plumbing Mechanical Electrical
Page 38 of 126
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Kim Sommerland, Finance Director
Department:Finance
Subject:Payment of Claims
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
Minnesota Statutes require that all claims for payment be presented to the City Council for review
and approval.
DISCUSSION:
The City Council has established a process to review and approve claims for payment at each
regular meeting. The list of claims for the period of 01/01/2025 to 01/14/2025 is being presented for
consideration, ensuring compliance with state law and maintaining proper financial oversight.
BUDGET IMPACT:
There is no direct budgetary impact.
ACTION REQUESTED:
Approve payment of claims.
ATTACHMENTS:
Council Summary Payment of Claims 01-21-2025
Page 39 of 126
Page 40 of 126
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Lynn Gorski, City Administrator
Department:HR
Subject:Staff Approvals and Recommendations
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The Police Department is recommending the appointment of Claire Kennedy for the Community
Service Officer position.
DISCUSSION:
Clair Kennedy is currently attending college for her law enforcement degree. Clair's official first day
with the Farmington Police Department will be January 22, 2025, as a part-time Community Service
Officer. Please help us welcome Ms. Kennedy to the Farmington team.
BUDGET IMPACT:
The part-time Community Service Officer position has been included in the 2025 budget.
ACTION REQUESTED:
Approve the appointment of Claire Kennedy for the Community Service Officer position.
Page 41 of 126
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Kellee Omlid, Parks & Recreation Director
Department:Parks & Recreation
Subject:Contract with Xcel Energy for Transformer Upgrade at the Rambling River Center
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The Rambling River Center project includes replacing the switchgear (electrical) and installing new
roof top mechanical units, ductwork, and zoning.
DISCUSSION:
The existing electrical service voltage to the Rambling River Center is 2-phase 120/240-volt
service. The new switchgear and air conditioning portions of the building that aren’t currently cooled
are going to increase the building’s load. Thus, requiring a new electrical service being 120/208-
volt, 3-phase. To get this new service, the transformer outside of the Rambling River Center needs
to be upgraded. Attached is the contract with Xcel Energy and design sketch to upgrade the
transformer.
The City Attorney reviewed the attached contract and found it to be acceptable.
BUDGET IMPACT:
The cost for the transformer upgrade at the Rambling River Center is $18,855.17. This includes a
winter construction charge of $4,419.12 if construction happens between October 1 and April 15.
The winter construction charges will be reimbursed to the City if the project goes to construction
after April 15. Funding for the transformer upgrade will be from funds already obtained for the
Rambling River Center project.
ACTION REQUESTED:
Approve the attached contract with Xcel Energy for transformer upgrade at the Rambling River
Center.
ATTACHMENTS:
Contract with Xcel Energy for Transformer Upgrade
Exhibit A Xcel Energy Design Sketch
Page 42 of 126
Updated
Page 43 of 126
Page 1 of 2 Updated 0 //202
MyAccount/eBill™
Pay by Phone
Credit/Debit Card Payment
Pay with
Please note the current fees along with payment information:
Residential Customer Accounts
o Payments accepted for up to $1,000 in a single transaction
There is a $1.0 fee per transaction
No fee for Wisconsin residential customer accounts
Non-Residential Customer Accounts
o Payments accepted for up to $100,000 in a single transaction
There is a 2.2% fee per transaction.
All credit/debit card types allow a maximum 25 credit/debit card payments in a 28-rolling-day period, per Xcel
Energy account, per credit/debit card.
Page 44 of 126
Page 2 of 2 Updated
Overnight Payment Delivery Options
In-Person Pay Stations
Please note:
Pay by U.S Postal Service
Electronic Funds Transfer (EFT) (Only available to business)
Page 45 of 126
1 of 2
UNDERGROUND SERVICE FORM
In consideration of Northern States Power Company, a Minnesota corporation (“Xcel Energy”) hereinafter called “Xcel
Energy”, extending its facilities to make __________ volt, __________ phase, __________ wire underground service
available to (Customer) __________________________________________________________________________
at (Service Address) ______________________________________ (City) ________________________________
the sum of ___________________________________________Dollars ($ ________________________________)
will be paid to Xcel Energy by (if other than above) ____________________________________________________
Address (if other than above) ________________________City/State/Zip__________________________________
In accordance with the following terms:
_____________________________________________________________________________________________
Receipt of the above amount hereby acknowledged on behalf of Xcel Energy by _____________________________
1. The Customer hereby grants Xcel Energy the right, privilege and easement to install, operate and maintain its
underground facilities on the property as described above and/or the approximate location as shown on the
attached “Exhibit A”.
2. The Customer also agrees that, prior to Xcel Energy starting work, Customer shall ensure that (a) the route of Xcel
Energy’s underground installation shall be accessible to Xcel Energy’s equipment; (b) all obstructions shall be
removed from such route at no cost or expense to Xcel Energy; (c) all privately-owned underground facilities such
as sewer, water, sprinkler systems, invisible fences, or gas, electric or communication lines are marked or exposed;
(d) ground elevation along the route shall not be above or more than four (4) inches below the finished grade; and
(e) the area under the transformer pad shall be compacted to at least 2000 lbs./sq. ft.
3. ______________________________________ agrees to pay all additional costs incurred by Xcel Energy
because of (a) surface or subsurface conditions that impair the installation of underground facilities, such as rock
formations, etc., and (b) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along
the cable route. Xcel Energy will backfill trench with existing soil. Restoration of construction area on Customer
property is the responsibility of the Customer.
4. Xcel Energy is not responsible for any Customer-owned underground facilities not marked or exposed at the time
service is installed.
5. The underground installation may be subject to a winter construction charge if construction occurs between
October 1 and April 15. __________________________________________ agrees to pay this charge if Xcel
Energy determines winter conditions, as defined in the General Rules and Regulations of Xcel Energy’s Electric
Rate Book as they exist at the time the underground facilities are installed. Xcel Energy will waive the winter
construction charge if prior to October 1st the Customer is ready to accept electrical service, has executed this
form and has notified Xcel Energy in writing that the requirements of Paragraph 2 hereof have been fulfilled.
6. The underground facilities installed by Xcel Energy, shall be the property of Xcel Energy and any payments made
by the Customer, or their Customer's contractor, shall not entitle the Customer to any ownership interest or rights
therein.
7. The Customer agrees to pay the cost of installing or relocating any portion of said underground facilities from the
Company's designated location, if relocation is made to accommodate the customer’s needs, or necessary
because of Customer’s alterations to the grade, additions to structures, installation of patios, decks or gardens or
any other surface or subsurface condition that makes maintenance of Xcel Energy's facilities impractical.
Page 46 of 126
2 of 2
8. Customer must provide, at minimum, the following clearance around the transformer: front, 10 feet; sides and back,
2 feet. EXCEPTION: side facing building must have 30” clearance. These clearances must be at the same grade
as the transformers. If screening is to be used, the area in front of the transformer must be left open or a hinged
door, easily operable by one person, must be provided. The area must be accessible 24 hours a day.
$ ________ Excess U.G. Distribution Lateral (Primary Cable) $________Winter Const. Charge (See Paragraph 5)
$ ________ Excess U.G. Service Lateral $ _______ Specific Service Location or Route
$ ________ U.G. Service Lateral $ _______ Replace Overhead Line with Underground
(Secondary Service from Utility Pole)
$ ________ U.R.D. Install Including U.G. Service Lateral $ _______ Temporary Service KVA
$ ________ U.G. Distribution Lateral (Primary Cable) $ _______ Other (Explain)
Trench Ft. ________ $ _______ TOTAL_________________________
**Customer agrees to pay monthly Residential Service Underground rate of the type of installation indicated by a double
asterisk.
Applicable Not Applicable
Construction $ _______________ Removal $ _______________ = Total $ _______________
Form 17-2759
Page 47 of 126
Page 48 of 126
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Kellee Omlid, Parks & Recreation Director
Department:Parks & Recreation
Subject:Donation from the Farmington Sons of the American Legion to the Rambling River
Center
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The Farmington Sons of the American Legion recently gave a donation to the Rambling River
Center (RRC).
DISCUSSION:
fundraisers breakfast omelet several holds Legion theof Sons Farmington The American
throughout the winter and spring. As a result of the January 12, 2025 fundraiser, $1,000 was
donated to the RRC. The donated money will be placed in the RRC Capital Improvement Fund so
that it may either be used for future building improvements and/or to purchase new equipment or
furniture.
Staff will communicate the City’s appreciation on behalf of the City Council to the Farmington Sons
of the American Legion for this generous donation.
ACTION REQUESTED:
Adopt Resolution 2025-13 Accepting a Donation of $1,000 from the Farmington Sons of the
American Legion to the Rambling River Center.
ATTACHMENTS:
2025-13 Accepting $1,000 from Farmington Sons of the American Legion
Page 49 of 126
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-13
A RESOLUTION ACCEPTING
A DONATION OF $1,000 FROM THE FARMINGTON SONS OF THE
AMERICAN LEGION TO THE RAMBLING RIVER CENTER
WHEREAS, the City of Farmington is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens
and is specifically authorized to accept gifts, as allowed by law; and
WHEREAS, the following persons and entities have offered to contribute to the City:
Farmington Sons of the American Legion has donated $1,000 to the
Rambling River Center; and
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of $1,000 from the Farmington Sons
of the American Legion to the Rambling River Center.
Adopted by the City Council of the City of Farmington, Minnesota, this 21st day of January 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 50 of 126
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:John Powell, Public Works Director
Department:Engineering
Subject:Akin Road Improvement-Final Payment and Change Orders
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
Construction of the Akin Road Improvement project, between CR 50 and the CR 64 roundabout, is
complete and the contractor, McNamara Contracting, Inc. has requested final payment. The
Minnesota Department of Transportation (MnDOT) inspected the project in September of 2024 and
noted no discrepancies needing to be resolved.
DISCUSSION:
A construction contract was awarded to McNamara Contracting, Inc. in the amount of
$1,880,886.20 on May 1, 2023; the following summarizes the final contract amount:
Base Bid Work Items $ 1,753,993.21
Change Order No. 1 through No. 9 $ 53,167.44
Final Contract Amount $ 1,807,160.65
The City is using Municipal State Aid funds on this project and adhering to MnDOT's contracting
requirements and documentation format. Note that the final contract amount is about 3.9% under
the original contract amount. No Subgrade Excavation or Stabilizing Aggregate was needed on the
project. This change, alone, resulted in a savings of over $43,300. Public improvement contracts
are based on estimated bid quantities. As the final quantities do not always match the estimated bid
quantities, variation in the final contract amount can be expected.
The contract award action by the City Council in 2023 approved a change order contingency of
$188,000 as an aggregate of all change orders, with a maximum amount of $50,000 for any single
change order without prior City Council approval. Neither of these threshold limits were met during
construction. We are requesting approval of Contract Changes No. 1 through No. 9 as part of the
final payment approval.
As this is the final payment, the contractor has also submitted the following required documents
prior to the City processing the final payment:
Consent of Surety to Final Payment
Minnesota IC-134 Confirmations
Lien Waivers
Two Year Maintenance Bond for the Final Contract Amount
Page 51 of 126
Approval of the final payment commences the two-year warranty period covered by the
Maintenance Bond.
BUDGET IMPACT:
The project construction cost is below the original contract cost. This project is being funded via the
City's Municipal State Aid Construction Funds. With approval of the final payment; release of any
remaining project funding will be requested from MnDOT.
ACTION REQUESTED:
Staff recommends approval of the final payment in the amount of $116,723.62 and Change Order
No. 1 through No. 9 in the amount of $53,167.44 to McNamara Contracting, Inc. for the Akin Road
Improvement project.
ATTACHMENTS:
1.3.25 - PV4 Final 010225 Akin Rd
022946-000 LTR PV4 Final to City 011325
Surety of Final Payment
IC-134s all
Lien Waivers
Maintenance Bond
Page 52 of 126
Akin Road Improvements Final Pay Voucher 4
Page 1 of 7
Client:City of Farmington Contractor:McNamara Contracting Inc
430 3rd Street 16700 Chippendale Ave
Farmington, MN 55024 Rosemount, MN 55068
Contract Amount Funds Encumbered
Original Contract $1,880,886.20 Original $1,880,886.20
Contract Changes $52,408.25 Additional N/A
Revised Contract $1,933,294.45 Total $1,880,886.20
Work Certified To Date
Base Bid Items $1,753,993.21
Contract Changes $53,167.44
Material On Hand $0.00
Total $1,807,160.65
Work Certified
This Voucher
Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount
Paid To Date
$27,753.25 $1,807,160.65 $0.00 $1,690,437.03 $116,723.62 $1,807,160.65
Percent Retained: 0% Percent Complete: 93.48%
FINAL PAY VOUCHER
I hereby certify that a Final Examination has been made of the noted Contract, that the Contract has been completed, that the entire
amount of Work Shown in this Final Voucher has been performed and the Total Value of the Work Performed in accordance with, and
pursuant to, the terms of the Contract is as shown in this Final Voucher.
Approved By McNamara Contracting Inc Approved By WSB
Signature Signature
January 2, 2025
Date Date
Approved By City of Farmington
Signature
Date
WSB Project No.: 022946-000
Client Project No.:OT1.126876
State Project No.:SAP 212-112-004
Federal Project No.:
Page 53 of 126
Lucas Henry
Akin Road Improvements Final Pay Voucher 4
Page 2 of 7
Payment Summary
No. Up Through Date
Work Certified
Per Voucher
Amount Retained
Per Voucher
Amount Paid
Per Voucher
1 08/09/2023 $1,087,052.88 $54,352.64 $1,032,700.24
2 09/18/2023 $650,581.86 $32,529.10 $618,052.76
3 01/10/2024 $41,772.66 $2,088.63 $39,684.03
4 12/31/2024 $27,753.25 ($88,970.37) $116,723.62
Funding Category Name Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount Paid
To Date
SAP 212-112-004 $1,807,160.65 $0.00 $1,690,437.03 $116,723.62 $1,807,160.65
Accounting
Number Funding Source Amount Paid
This Voucher
Revised Contract
Amount
Funds
Encumbered
To Date
Paid Contractor
To Date
212-112-004 State Aid $116,723.62 $1,933,294.45 $1,880,886.20 $1,807,160.65
Contract Item Status
Line
No.Item Description Unit Unit Price
Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
1 2021.501 MOBILIZATION LS $23,700.00 1 0.1 $2,370.00 1 $23,700.00
2 2104.502 REMOVE SIGN EACH $42.00 20 0 $0.00 20 $840.00
3 2104.502 SALVAGE MAIL BOX EACH $130.00 8 15 $1,950.00 23 $2,990.00
4 2104.502 SALVAGE SIGN TYPE C EACH $42.00 42 0 $0.00 42 $1,764.00
5 2104.503 REMOVE PIPE SEWER (STORM) L F $20.00 81 0 $0.00 81 $1,620.00
6 2104.503 REMOVE CURB & GUTTER L F $12.00 368 0 $0.00 303 $3,636.00
7 2104.503 REMOVE CURB & GUTTER (SPOT
REPLACEMENT) L F $10.30 750 0 $0.00 206 $2,121.80
8 2104.503 SAWING BITUMINOUS PAVEMENT L F $2.00 1482 0 $0.00 1334 $2,668.00
9 2104.503 SAWING CONCRETE PAVEMENT L F $2.00 43 0 $0.00 66 $132.00
10 2104.504 REMOVE BITUMINOUS PAVEMENT
(DRIVEWAY) S Y $6.00 447 0 $0.00 534 $3,204.00
11 2104.504 REMOVE CONCRETE PAVEMENT
(DRIVEWAY) S Y $19.00 36 0 $0.00 53 $1,007.00
12 2104.504 REMOVE CONCRETE WALK S Y $15.00 120 0 $0.00 130 $1,950.00
13 2105.507 COMMON BORROW C Y $52.00 25 0 $0.00 160 $8,320.00
14 2105.607 SUBGRADE EXCAVATION C Y $15.70 1459 0 $0.00 0 $0.00
15 2106.507 COMMON EXCAVATION C Y $24.30 5968 0 $0.00 5968 $145,022.40
16 2106.507 STABILIZING AGGREGATE C Y $14.00 1459 0 $0.00 0 $0.00
17 2112.504 SUBGRADE PREPARATION S Y $0.75 57278 0 $0.00 57278 $42,958.50
Page 54 of 126
Akin Road Improvements Final Pay Voucher 4
Page 3 of 7
Contract Item Status
Line
No.Item Description Unit Unit Price
Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
18 2215.504 FULL DEPTH RECLAMATION
(TRAIL) S Y $1.60 10200 0 $0.00 10200 $16,320.00
19 2215.504 FULL DEPTH RECLAMATION S Y $1.00 47740 0 $0.00 47740 $47,740.00
20 2221.509 SHOULDER BASE AGGREGATE
CLASS 2 TON $40.00 800 0 $0.00 498.89 $19,955.60
21 2357.506 BITUMINOUS MATERIAL FOR TACK
COAT GAL $2.50 4200 0 $0.00 2283 $5,707.50
22 2360.504
TYPE SP 9.5 WEARING COURSE
MIX (3,B) (SPWEA230B)
(DRIVEWAY)
S Y $33.50 900 0 $0.00 534 $17,889.00
23 2360.509 TYPE SP 12.5 NON WEARING
COURSE MIX (3,C) (SPNWB330C) TON $72.00 8665 0 $0.00 7896.49 $568,547.28
24 2360.509 TYPE SP 9.5 WEARING COURSE
MIX (3,C) (SPWEA340C) TON $75.00 4333 0 $0.00 4235.52 $317,664.00
25 2360.509 TYPE SP 9.5 WEARING COURSE
MIX (3,B) (SPWEA230B) (TRAIL) TON $73.00 1850 0 $0.00 1864.56 $136,112.88
26 2501.502 15" RC PIPE APRON EACH $1,400.00 3 0 $0.00 3 $4,200.00
27 2501.502 18" CS SAFETY APR & GRATE DES
3128 EACH $540.00 1 0 $0.00 1 $540.00
28 2503.503 15" RC PIPE SEWER CLASS III L F $80.00 740 0 $0.00 740 $59,200.00
29 2503.503 18" CS PIPE SEWER L F $90.00 10 0 $0.00 10 $900.00
30 2504.602 ADJUST GATE VALVE EACH $630.00 9 0 $0.00 11 $6,930.00
31 2506.502 ADJUST FRAME & RING CASTING
(STORM) EACH $750.00 4 0 $0.00 4 $3,000.00
32 2506.602 ADJUST FRAME & RING CASTING
(SANITARY) EACH $750.00 9 0 $0.00 9 $6,750.00
33 2506.602 CONSTRUCT DRAINAGE
STRUCTURE DESIGN SPECIAL EACH $4,080.00 6 0 $0.00 6 $24,480.00
34 2511.507 RANDOM RIPRAP CLASS III C Y $120.00 20.8 0 $0.00 36 $4,320.00
35 2521.518 4" CONCRETE WALK S F $6.85 685 0 $0.00 1351 $9,254.35
36 2521.518 6" CONCRETE WALK S F $14.50 2591 0 $0.00 2562 $37,149.00
37 2531.503 CONCRETE CURB AND GUTTER
DESIGN B618 L F $16.60 1813 0 $0.00 1813 $30,095.80
38 2531.503
CONCRETE CURB AND GUTTER
DESIGN B618 (SPOT
REPLACEMENT)
L F $29.50 750 0 $0.00 206 $6,077.00
39 2531.518 6" CONCRETE DRIVEWAY
PAVEMENT S F $10.75 313 0 $0.00 474 $5,095.50
40 2531.618 TRUNCATED DOMES S F $50.00 242 0 $0.00 301 $15,050.00
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Akin Road Improvements Final Pay Voucher 4
Page 4 of 7
Contract Item Status
Line
No.Item Description Unit Unit Price
Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
41 2540.602 INSTALL MAIL BOX EACH $180.00 8 15 $2,700.00 23 $4,140.00
42 2563.601 TRAFFIC CONTROL LS $12,500.00 1 0.1 $1,250.00 1 $12,500.00
43 2564.502 INSTALL SIGN TYPE C EACH $200.00 42 0 $0.00 42 $8,400.00
44 2564.618 SIGN TYPE C S F $58.00 105 17.75 $1,029.50 122.75 $7,119.50
45 2565.602 REINSTATE RIGID PVC LOOP
DETECTOR EACH $1,200.00 6 0 $0.00 0 $0.00
46 2573.502 STORM DRAIN INLET PROTECTION EACH $204.00 18 0 $0.00 18 $3,672.00
47 2573.503 SILT FENCE L F $3.50 2000 0 $0.00 1634 $5,719.00
48 2573.503 SEDIMENT CONTROL LOG TYPE
WOOD FIBER L F $3.50 2500 0 $0.00 4840 $16,940.00
49 2574.507 COMMON TOPSOIL BORROW C Y $55.00 750 30 $1,650.00 863 $47,465.00
50 2574.508 FERTILIZER TYPE 3 (SLOW
RELEASE) POUND $1.20 550 0 $0.00 625 $750.00
51 2575.504 EROSION CONTROL BLANKET,
CATEGORY 15 S Y $4.00 3000 170 $680.00 3676 $14,704.00
52 2575.508 SEED MIXTURE 35-241 POUND $50.00 100 0 $0.00 150 $7,500.00
53 2575.508 HYDRAULIC MULCH POUND $3.50 5100 0 $0.00 3200 $11,200.00
54 2582.503 4" DOUBLE SOLID LINE MULTI
COMPONENT L F $0.65 11200 0 $0.00 11200 $7,280.00
55 2582.503 24" SOLID LINE MULTI COMPONENT L F $12.70 903 0 $0.00 903 $11,468.10
56 2582.503 4" SOLID LINE MULTI COMPONENT L F $0.30 20080 0 $0.00 20080 $6,024.00
57 2582.518 CROSSWALK MULTI COMPONENT S F $7.35 144 0 $0.00 144 $1,058.40
58 2582.518 PAVEMENT MESSAGE MULTI
COMPONENT S F $11.55 304 0 $0.00 272 $3,141.60
Bid Totals: $11,629.50 $1,753,993.21
Project Category Totals
Category Amount This Voucher Amount To Date
$11,629.50 $1,753,993.21
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Akin Road Improvements Final Pay Voucher 4
Page 5 of 7
Contract Change Item Status
CC CC
No.
Line
No.Item Description Units Unit Price
Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
CO 1 59 1
EXCESS RECLAMATION
MATERIAL TO
CONTRACTOR
LS ($14,000.00
)1 0 $0.00 1 ($14,000.00)
CO 2 60 2506.602
/MSS01
RECONSTRUCT
MANHOLE (SANITARY) EACH $3,000.00 3 0 $0.00 3 $9,000.00
CO 3 61 2563.501
/LA01
TRAFFIC CONTROL /
SIGNAGE L S $1,650.00 1 0 $0.00 1 $1,650.00
CO 5 63 2504.602 ADJUST CASTING EACH $3,269.50 1 0 $0.00 1 $3,269.50
CO 4 64 2104.504 REMOVE BITUMINOUS
PAVEMENT S Y $10.00 330 0 $0.00 330 $3,300.00
CO 4 65 2105.507 COMMON EXCAVATION C Y $65.00 50 0 $0.00 50 $3,250.00
CO 4 66 2211.509 AGGREGATE BASE
CLASS 5 TON $33.00 65 0 $0.00 32.43 $1,070.19
CO 4 67 2360.509 TYPE SP 9.5 WEARING
COURSE MIX (3,B) TON $200.00 60 0 $0.00 69.17 $13,834.00
CO 6 68 2504.601
MAILBOX SUPPORT
BRACKETS AT 4
LOCATIONS
LS $720.00 1 0 $0.00 1 $720.00
CO 7 69 2106.601 SITE GRADING LS $650.00 1 0 $0.00 1 $650.00
CO 8 70 2582.503 LINE STRIPING L S $14,300.00 1 0 $0.00 1 $14,300.00
CO 9 71 CO 9 - 1
REMOVE EXISTING
STORM PIPE APRON AT
STATION 57+00 AND
REPLACE WITH CS PIPE
APRON
LS $1,750.00 1 1 $1,750.00 1 $1,750.00
CO 9 72 CO 9 - 2
REMOVE D412 CURB AT
19850 AKIN RD AND
REPLACE WITH LOWER
CURB
LS $8,735.00 1 1 $8,735.00 1 $8,735.00
CO 9 73 CO 9 - 3
EXTEND RIPRAP AT
STORM OUTLET FES 3 LS $5,638.75 1 1 $5,638.75 1 $5,638.75
Contract Change Totals: $16,123.75 $53,167.44
Contract Change Totals
No.Contract
Change Description Amount This
Voucher
Amount To
Date
1 CO
The City of Farmington has chosen to eliminate Construction Note #3
on sheet G0.03 of the project plans which states “Excess reclamation
material shall be the property of the Owner. The Contractor shall load,
and haul to a place of their designation within the city limits.”
The Engineer in concurrence with the City of Farmington, and the
Contractor McNamara Contracting Inc., agree all excess reclamation
material shall become the property of the Contractor and shall be
disposed of in accordance with the requirements of MN/DOT spec
2105. With this elimination the Contractor, McNamara Contracting,
$0.00 ($14,000.00)
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Contract Change Totals
No.Contract
Change Description Amount This
Voucher
Amount To
Date
agrees to compensate the City of Farmington $14,000 and this material
shall be the property of McNamara Contracting.
This work will be considered "Contract Revisions” as provided for by
Specification 1402. Payment for this work will be at negotiated unit
prices in accordance with 1904.3.
2 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions. The City of Farmington has chosen to reconstruct
three sanitary sewer manhole structures located in the bituminous trail
in order to reduce the amount of adjustment rings that were previously
installed. McNamara Contracting will remove and dispose of existing
material and build three structures per the City of Farmington
standards. This work will be considered "Contract Revisions” as
provided for by Specification 1402. Payment for this work will be at
negotiated unit prices in accordance with 1904.3
$0.00 $9,000.00
3 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions. The City of Farmington has requested that the
Contractor, McNamara Contracting, install additional traffic control
signs throughout the project site. These signs indicate that businesses
are open during construction and that the road closed to through traffic
pertains to Akin Road. The payment is for additional signage that was
requested by the City of Farmington but was not identified in the initial
traffic control plan or Project Manual. This work will be considered
"Contract Revisions” as provided for by Specification 1402. Payment for
this work will be at negotiated unit prices in accordance with 1904.3.
$0.00 $1,650.00
4 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions. The bituminous driveway at 20210 Akin Road is to
be removed and replaced. This is necessary to meet the City standard
maximum slope for driveways while constructing the walking trail
through the driveway to meet ADA standards. McNamara Contracting
will remove and dispose of the existing driveway material and
reconstruct the driveway per the City of Farmington standards. This
work will be considered "Contract Revisions” as provided for by
Specification 1402. Payment for this work will be at negotiated unit
prices in accordance with 1904.3.
$0.00 $21,454.19
5 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions. The City of Farmington has chosen to adjust the
storm casting on Devonport Drive to improve drainage. McNamara
Contracting will remove existing curb and pavement, adjust the casting,
and replace the removals. This work will be considered "Contract
Revisions” as provided for by Specification 1402. Payment for this work
will be at negotiated unit prices in accordance with 1904.3.
$0.00 $3,269.50
6 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions. Mailbox posts cannot be reinstalled due to the
concrete strip between the trail and the curb for the following Akin Road
addresses: 20100, 20060, 20028, and 19962. McNamara will provide
and install anchoring brackets to install the mailboxes to the concrete.
This work will be considered "Contract Revisions” as provided for by
Specification 1402. Payment for this work will be at negotiated unit
prices in accordance with 1904.3.
$0.00 $720.00
7 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions. In order to prepare for installing sod at 20255 Akin
Road, the piles of topsoil deposited in the yard by the resident need to
be graded. McNamara will provide the equipment and labor required
and grade the topsoil. This work will be considered "Contract Revisions”
$0.00 $650.00
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Akin Road Improvements Final Pay Voucher 4
Page 7 of 7
Contract Change Totals
No.Contract
Change Description Amount This
Voucher
Amount To
Date
as provided for by Specification 1402. Payment for this work will be at
negotiated unit prices in accordance with 1904.3.
8 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions. The City of Farmington has chosen to modify the
installed striping to include the bypass lanes that existed on Akin Rd
prior to the start of the project. McNamara Contracting will remove
existing striping in these locations and add new striping for the bypass
lanes. This work will be considered "Contract Revisions” as provided for
by Specification 1402. Payment for this work will be at negotiated unit
prices in accordance with 1904.3.
$0.00 $14,300.00
9 CO
In accordance with the terms of this Contract, you are hereby
authorized and instructed to perform the work as altered by the
following provisions: 1) Remove existing storm pipe apron at station
57+00 and replace it with a new CS pipe apron, as requested by City of
Farmington 2) Remove the D412 curb at 19850 Akin Rd and replace it
with a lower curb to reduce the bump for residents entering the
driveway, as requested by City of Farmington 3) Extend the riprap at
storm outlet FES 3 to prevent erosion of the existing slope, as
requested by the City of Farmington. This work will be considered
"Contract Revisions” as provided for by Specification 1402. Payment for
this work will be at negotiated unit prices in accordance with 1904.3.
$16,123.75 $16,123.75
Material On Hand Additions
Line
No.Item Description Date Added Comments
Material On Hand Balance
Line
No.Item Description Date Added Used Remaining
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K:\022946-000\Admin\Construction Admin\Pay Voucher\Closeout Docs\022946-000 LTR PV4 Final to City 011325.docx
January 13, 2025
John Powell
City of Farmington
430 Third Street
Farmington, MN 55024
Re: Akin Road Improvements
SAP 212-112-004
City Project OT1.126876
City of Farmington, MN
WSB Project No. 022946-000
Dear Mr. Powell:
Construction Pay Voucher No. 4 (Final) for the above referenced project in the amount of
$116,723.62 is enclosed. The quantities completed to date have been reviewed and agreed upon
by the contractor, and we hereby recommend that the City of Farmington approve the Final
Construction Pay Voucher for McNamara Contracting, Inc.
We have also enclosed the following required documents:
1. Satisfactory showing that the contractor has complied with the provisions of
Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms).
2. Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured (lien
waivers).
3. Consent of Surety to Final Payment certification from the contractor’s surety.
4. Two-year maintenance bond.
Please include one executed copy with the payment to McNamara Contracting and return one
executed copy to our office for our file. If you have any questions or comments regarding this
voucher, please contact me at 612.360.1278. Thank you.
Sincerely,
WSB
Mark Erichson
Director of Municipal Program Delivery
Attachments
kkp
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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 Agreement with WSB for Staff Augmentation
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The Assistant City Engineer position has been vacant since June 3, 2023. Despite extensive
recruitment efforts, the position has not been filled and some of the Assistant City Engineer
responsibilities, including administration of the city's Municipal Separate Storm Sewer System
(MS4) permit with the MPCA, have been shifted to the Water Resources Specialist position.
Staff is recommending a contract for professional services with WSB to provide Staff Augmentation
for the review of development-related plan submittals.
DISCUSSION:
Engineering Staff provides plan review of new site and development infrastructure including site
grading, roadways, sanitary sewer, watermain, storm sewer, ponding, erosion control, lighting, and
signing. To efficiently complete plan reviews, additional engineering support is needed, so the City
has approved staff augmentation contracts in the past. Aside from an initial coordination meeting,
costs incurred for development reviews will be charged to the applicant. The Public Works
Director/City Engineer will be responsible for coordinating the WSB review with other internal public
works related reviews such as natural resources, operations, etc.
On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. WSB is one
of the firms in the Consultant Pool and has prepared the attached proposal based on discussions
with City Staff regarding our development related engineering needs. All of this support will be
provided by WSB staff remotely. The lead reviewer will be Kris Keller. Kris served on the
Farmington Staff from 2007 to 2015 prior to joining WSB so he is very familiar with the city and our
engineering standards.
BUDGET IMPACT:
Work under this contract will be billed hourly. Costs incurred for development reviews under this
agreement will be charged to the applicant, as in the past. We have placed a $75,000 limit on the
contract; the actual amount will depend on the number of development submittals received for
review.
ACTION REQUESTED:
Approve the Professional Services Agreement with WSB for Staff Augmentation.
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ATTACHMENTS:
012125 PSA WSB dev rev staff augmentation
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224345v1
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement made this 21st day of January,
2025, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose
business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and WSB LLC, a
Limited Liability Company, whose business address is 701 Xenia Avenue South, Suite 300,
Minneapolis, MN 55416 (hereinafter "Engineer").
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide
a variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set
provide all personnel, supervision, services, materials, tools, equipment and supplies and do all
thing 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: Scope of
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) Exhib
2. REPRESENTATIVES. City has designated John Powell, Public Works
Director/City Engineer Mark
Erichson, Director of Municipal Services
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 on an hourly basis in accordance with the attached fee schedule,
75,000 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
December 31, 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
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.
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
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
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:
Statutory Limits
$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 Engineer
available.
e.
Farmington
insured.
f.
basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h.
Liability Policy, shall be primary and non-contributory.
i.
indemnity obligations assumed by Engineer under this Agreement.
j. Engineer agrees to maintain all coverage required herein throughout the term of the
of the Work.
k. It shall be Engineer
coverages required herein.
l. The 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
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
compliance with this Paragraph, must be filed with City prior to the start of
Engineer Upon request a copy of the Engineer
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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receipt thereof shall not relieve Engineer
right to enforce the terms of Engineer
right to examine any policy provided for under this Agreement.
o. Effect of Engineer 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)
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
, or
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
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 -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: January 21, 2025 CITY: CITY OF FARMINGTON
By:
Joshua Hoyt
Mayor
By:
Shirley R Buecksler
City Clerk
Dated:__________________, 20___ ENGINEER: WSB LLC
By:
[print name]
Its:
[title]
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224345v1
SCOPE OF SERVICES
AND
B
SCHEDULE OF PAYMENT AND FEE SCHEDULE
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G:\.Clients All\Farmington\Proposals\2025\WSB PROP 2025 Staff Augmentation.docx
January 9, 2025
Mr. John Powell
Public Works Director/City Engineer
City of Farmington
430 Third Street
Farmington, MN 55024
Re: Proposal to Provide Professional Engineering Services - Staff Augmentation for Plan
Review Services
Dear Mr. Powell:
On behalf of WSB, we are pleased to submit this proposal to provide on call staff augmentation
services to the City of Farmington. We will be providing Kris Keller to fill the role for civil/site
review and Kendra Fallon and Sarah Risius to fill the role for stormwater/hydrology review. It is
our understanding that this proposal will be considered at the January 21, 2025, City Council
meeting. The WSB team will be immediately available to perform this work when the need arises.
Proposed Individuals for Staff Augmentation
We propose to assign Kris Keller, Kendra Fallon, and Sarah Risius for staff augmentation for the
City of Farmington. Kris is a registered professional engineer in the state of Minnesota. Kris has
extensive plan review experience and is well suited to take on this role. Kris currently provides
similar services for Prior Lake, Rosemount, Lino Lakes, Hugo, Wyoming, St. Michael, North
Branch, Lonsdale, Dundas, St. Paul Sewer Division, Mahtomedi, Medina, Monticello, Hanover,
Sunfish Lake, North St. Paul, East Gull Lake, and May Township. Kendra Fallon is a Project
Manager in our Water Resources Group and also a registered professional engineer with the
state of Minnesota. Kendra has extensive background in water resources and provides plan
review services for many communities including Chanhassen, West St. Paul, Rosemount, Hugo,
Wyoming, St. Michael, North Branch, Dundas, Hanover, Sunfish Lake, East Gull Lake and May
Township. Sarah is a senior graduate engineer in our Water Resources group who works closely
with Kendra and performs portions of the reviews assigned to her that offer a lower billing rate
that is appropriate for certain aspects of the stormwater review.
This team has worked together for years, is efficient and effectively communicates with City staff.
While they perform these services for many communities, they too are only when needed and this
team has capacity to perform this work.
Approach
We have developed an approach based on our understanding of your needs as well as our
familiarity with the City. An initial meeting (in advance of the first project) with City staff will be an
effective way to formally introduce the team, review engineering standards, identify format for
comments, outline typical review timelines, and understand expectations. Close coordination and
communication with the City staff will be important to ensure the successful delivery of these staff
augmentation services. We propose to offer these services remotely, however, if there is a need
to participate in a meeting in person, we are happy to do so.
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Mr. John Powell
January 9, 2025
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Basis of Compensation
Our goal is to provide the City with a compensation structure that best fits the needs of the City.
Based on the scope outlined above, we propose providing the team’s services at their 2025 billing
rates as outlined below:
Kris Keller, PE - $190/hr
Kendra Fallon, PE - $191/hr
Sarah Risius, EIT - $148/hr
Mark Erichson, PE – $264/hr
No additional fees associated with the team’s services (i.e. mileage, cell phone rates, etc.) will be
billed to the City.
If you are in agreement with the terms outlined in this proposal, please sign below. If you have
any questions or concerns, please contact me at 612-360-1278. Thank you for the opportunity to
continue to serve the City of Farmington.
Sincerely,
WSB
Mark Erichson, PE
Director of Municipal Services
ACCEPTED BY:
City of Farmington, MN
Name
Title
Date
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:John Powell, Public Works Director
Department:Engineering
Subject:Solid Waste and Recycling Coordination Services Joint Powers Agreement
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
This Joint Powers Agreement (JPA) is between the City of Farmington, City of Rosemount, and the
City of Hastings. The agreement will allow us to continue providing solid waste and recycling
coordinated services for the cities via a Solid Waste and Recycling Coordinator. A very similar
agreement was approved last year and was also in place for 2023.
DISCUSSION:
The Solid Waste and Recycling Coordinator ("SWRC") will continue to be an employee of
Rosemount and shall perform the basic services of the solid waste and recycling coordination ("the
Program") for Rosemount, Hastings, and Farmington. Program services include but are not limited
to:
Coordinate solid waste and recycling programs to ensure county ordinances and best
practices are executed to achieve MPCA waste diversion goals.
Apply for the annual Community Waste Abatement grant to fund required activities.
Oversee the Community Waste Abatement grant funds.
Collect data and report on activities.
Attend Community Waste Abatement staff meetings, trainings, and conferences.
Develop, coordinate, and implement public education programs and materials encouraging
waste stream reduction, diversion, and recycling.
Plan, implement and evaluate collection events, workshops, and presentations.
Work with multi-family building managers to enhance recycling efforts through training,
education and infrastructure.
Act as a liaison for interested community groups, agencies, committees and the public
regarding solid waste management planning, policies, and issues.
Review City ordinances for compliance with changing County ordinances and State solid
waste laws.
Respond to citizen questions and concerns.
Any City may withdraw from the Agreement with an effective date of December 31 of any year for
the following year by providing written notice of termination by August 31st of that year.
BUDGET IMPACT:
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Costs will be shared equally between the three Cities; Hastings and Farmington will each reimburse
Rosemount for their share quarterly. Based on Attachment A to the Agreement, the total cost is
expected to be $107,071 with each City paying $35,690. This is an increase of about 6.3% over
2024. In December of 2024, the City Council approved the Dakota County Community Waste
Abatement 2025 Grant Agreement which provides the funding to the three Cities for this position.
ACTION REQUESTED:
Approve the 2025 Solid Waste and Recycling Coordination Services Joint Powers Agreement.
ATTACHMENTS:
Shared Position Agreement 2025 1 14 25 FM
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AGREEMENT
AND RECYCLING COORDINATION
This Joint Powers Agreement Agreement made this __ day of _______ 2025 by and
among the city of R ,
(collectively referred to
as the "Cities").
1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statutes § 471. 59 and the
authority provided in the statute for the Cities to jointly and cooperatively exercise powers
common to the Cities.
2. PURPOSE. The purpose of this Agreement is to provide solid waste and recycling coordinated
services for the Cities and to that end, hire a Solid Waste and Recycling Coordinator as further
described in Section 3.
3. SOLID WASTE COORDINATOR. A Solid Waste and Recycling Coordinator will be an
employee of Rosemount and shall perform the basic services of the solid waste and recycling
coordination (the Program") for Rosemount, Hastings, and Farmington.
Program basic services include but are not limited to:
Coordinate solid waste and recycling programs to ensure county ordinances and best
practices are executed to achieve MPCA waste diversion goals.
Apply for the annual Community Waste Abatement grant to fund required activities.
Oversee the Community Waste Abatement grant funds.
Collect data and report on activities.
Attend Community Waste Abatement staff meetings, trainings and conferences.
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Develop, coordinate, and implement public education programs and materials
encouraging waste stream reduction, diversion, and recycling.
Plan, implement and evaluate collection events, workshops, and presentations.
Work with multi-family building managers to enhance recycling efforts through training,
education and infrastructure.
Act as a liaison for interested community groups, agencies, committees and the public
regarding solid waste management planning, policies, and issues.
Review City ordinances for compliance with changing county ordinances and state solid
waste laws.
Respond to citizen questions and concerns.
Perform other duties and responsibilities as apparent or assigned.
May utilize social media, or link to existing social media to recruit volunteers and show
the good work being done.
4. FINANCE.
A. Compensation.
i) The initial compensation for the SWRC shall be one hundred and seven
thousand, seventy-one 0/100 dollars ($107,071
described in Attachment A. Compensation shall be shared equally between the
three cities with each city being responsible for
thirty-five thousand, six hundred ninety and 0/100
dollars ($35,690) for Hastings and Farmington.
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ii).
Compensation. Hastings and Farmington shall each reimburse Rosemount
for their City Share quarterly. Rosemount shall invoice the Hastings and
Farmington quarterly and such invoices shall be paid within thirty (30) days of
receipt.
iii). By June 1st of each year, the Cities shall meet to review the results of the
Program and shall establish a budget for the following year.
B. Should the Coordinator apply for grants on behalf of an individual City, the grant funds
shall be received by that individual City. If the Coordinator applies for a grant on behalf of
two or three Cities, the grant funds will be split equally between the Cities or as detailed
in the grant agreement.
5. OTHER CONTRIBUTIONS BY CITIES.
A. Each City shall determine which of its assets will be available to the Program. Each City
must provide a dedicated office space at which the Coordinate may work when on site in
that City. Each City shall provide office supplies and materials necessary to carry out the
work as described in this agreement.
B. Each City shall maintain liability insurance coverage on the volunteers working with this
Program as required by law.
C. The SWRC will track assets made available to the Program from each City. Assets made
available to the Program will be promptly returned to the City that provided them upon
that City' s withdrawal from the Agreement.
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D. The SWRC will be supervised by designated contact. Required safety,
legal and related reporting shall be through designated contact.
gnated contact will coordinate with the designated contact in Hastings
and Farmington .
E. Rosemount shall provide a working computer capable of handling basic office software.
Rosemount shall provide access to a working landline, internet service, and shared fax
and printer for the Program. A Rosemount-issued-cell phone or a stipend under
shall be provided by Rosemount and is part of the
shared cost between the parties.
6. PERSONNEL. The Solid Waste and Recycling Coordinator shall be deemed an employee of the
City of Rosemount. The Solid Waste and Recycling Coordinator shall be subject to the human
resources and other policies of Rosemount.
7. INSURANCE AND INDEMNIFICATION.
A. Insurance
i. General Liability Insurance. Each City agrees to maintain comprehensive general
liability insurance equal to or greater than the maximum liability for tort claims
under Minn. Stat. § 466. 04, as amended. If any City is notified that its insurance
is cancelled, it will immediately notify the other Cities in writing. If any City is
unable to obtain or keep in force at least the minimum coverage required by this
paragraph, any City may withdraw from this Agreement after giving the other
member Cities at least sixty (60) days written notice of its intent to withdraw.
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ii. Workers' Compensation Insurance. Each City shall be responsible for injuries to
or death of its own employees. Each City shall maintain workers' compensation
coverage or self- insurance coverage, covering its own employees while they are
providing services pursuant to this agreement. Each City waives the right to sue
any other City for any workers' compensation benefits paid to its own employee
or their dependents, even if the injuries were caused wholly or partially by the
negligence of any other City or its officers, employees or agents.
B. Indemnification. Each City shall be liable for its own acts and the results thereof to the
extent provided by law and, further, each City shall defend, indemnify, and hold harmless
the other(s) (including their present and former officials, officers, agents, employees,
volunteers, and subcontractors), from any liability, claims, causes of action, judgments,
directly or indirectly from any act or omission of the indemnifying City, anyone directly or
indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable,
in the performance or failure to perform its obligations under this Agreement. The
provisions of Minnesota Statutes, Chapter 466 shall apply to any tort claims brought
against Rosemount, Farmington, and/or Hastings a result of this Agreement.
8. DURATION.
A. Any City may withdraw from this Agreement with an effective date of December 31 of
any year for the following year by providing written notice of termination by August 31st
of that year.
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B. In the event of written notification to withdraw, the remaining Cities shall meet to
consider modifying the Agreement to continue without the withdrawing City or to
terminate the Agreement.
9. NOTICES. Unless the Parties otherwise agree in writing, any notice or demand which must be
given or made by a Party under this Agreement or any statute or ordinance shall be in writing
and shall be sent registered or certified mail. Notices must be sent to the following individuals,
who shall service as the designated representative of each City, unless a City provides otherwise
in writing:
Rosemount: Dan Schultz, Parks and Recreation Director
13885 South Robert Trail
Rosemount, MN 55068
Farmington: John Powell, Public Works Director/City Engineer
430 Third St.
Farmington, MN 55024
Hastings: Chris Jenkins, Parks and Recreation Director
920 West 10th Street
Hastings, MN 55033
10. DATA. Each City, their officers, agents, owners, partners, employees, volunteers and
subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations
and orders relating to data privacy, confidentiality, disclosure of information, medical records or
other health and enrollment information, and as any of the same may be amended.
11. RECORDS AVAILABILITY/ACCESS. Subject to the requirements of Minn. Stat. § 16C.05, subd.
5, the Cities, the State Auditor, or any of their authorized representatives, at any time during
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normal business hours, and as often as they may reasonably deem necessary, shall have access
to and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc., of the Cities which are pertinent to the accounting practices and procedures of the
Cities and involve transactions relating to this Agreement. The Cities shall maintain these
materials and allow access during the period of this Agreement and for six (6) years after its
expiration, cancellation or termination.
12. INDEPENDENT PARTIES. It is understood that the relationship between the Cities as to the
subject matter of this Agreement constitutes only the understandings set forth in this
Agreement. It is further agreed that, notwithstanding any other formal, written agreements or
contracts which may exist between the Cities, nothing is intended or should be construed in any
manner as creating or establishing the relationship of partners between the Cities hereto or as
constituting either City as the agent, representative, or employee of the other for any purpose
or in any manner whatsoever. Each City is to be and shall remain an independent contractor with
respect to all services performed under this Agreement.
13. NO PRESUMPTION AGAINST DRAFTING PARTY. The parties acknowledge that: (a) this
Agreement and its reduction to final written form are the result of extensive good - faith
negotiations among the parties through themselves and/or their respective legal counsel; (b) said
parties and/or their legal counsel have carefully reviewed and examined this Agreement prior to
execution; and (c) any statute, common law, or rule of construction which provides that
ambiguities are to be resolved against the drafting party (ies) shall not be employed in the
interpretation of this Agreement.
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14. GOVERNING LAW AND VENUE. This Agreement shall be governed and construed in
accordance with the laws of the State of Minnesota without regard to its conflict of laws
provision. The parties agree that any action arising out of this Agreement or with respect to the
enforcement of this Agreement shall be venued in the Dakota County District Court, State of
Minnesota.
15. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of
which when so executed shall be deemed to be an original and the counterparts shall together
constitute one and the same agreement.
16. EXECUTION OF ADDITIONAL DOCUMENTS. The parties agree to execute and deliver to the
other party, as requested, any additional documents and/ or instruments that may reasonably
be determined as necessary to consummate this transaction.
IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their
respective duly authorized officers.
CITY OF ROSEMOUNT
Dated:
By: ____________________________
Its: Mayor
By: ___________________________
Its: City Clerk
Dated: ____________________
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CITY OF HASTINGS
By: ___________________________
Its. Mayor
by: __________________________
Its: City Clerk
Dated: _______________________
CITY OF FARMINGTON
By: ___________________________
Its: Mayor
By: ____________________________
Its: City Clerk
Dated: _______________________
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ATTACHMENT A
JOINT FEES/EXPENSES
Annual Cost
A. Solid Waste Coordinator Salary/Benefits
- PERA, FICA, single medical, single dental, and life $105,831
B. Membership SOLID WASTE ORG. $100
C. Mileage Reimbursement $600
D. Smart Phone Monthly Fee Reimbursement $45/mo. $540
Total Projected Costs: $107,071
Divided between 3 cities $ 35,690 per city
Page 104 of 126
2025
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Application for On-Sale and Sunday Intoxicating Liquor License from Granowski14
LLC dba The Mug
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
For Council approval is an application from Granowski14 LLC dba The Mug for an On-Sale
Intoxicating and On-Sale Sunday Liquor License at 18450 Pilot Knob Road #A, Farmington.
DISCUSSION:
The City received an application from Diane Granowski for an On-Sale Intoxicating and On-Sale
Sunday Liquor License for Granowski14 LLC dba The Mug, located at 18450 Pilot Knob Road #A,
Farmington, MN. All required applications, fees, and insurance have been received and approved
by the Police Chief.
Per City Code, a public hearing must be held. Notice of public hearing was published in the Dakota
County Tribune on January 10, 2025.
Staff recommends approval of the the On-Sale Intoxicating and On-Sale Sunday Liquor License for
Granowski14 LLC dba The Mug with an effective date of January 21, 2025 through December 31,
2025.
BUDGET IMPACT:
The first quarter license fee of $925 was paid by the Applicant and coded to 2025 license revenues.
The $300 investigation fee was also paid.
ACTION REQUESTED:
Conduct the public hearing and motion to approve the On-Sale Intoxicating and On-Sale Sunday
Liquor License for Granowski14 LLC dba The Mug, located at 18450 Pilot Knob Road #A,
Farmington, MN.
ATTACHMENTS:
Application for On-Sale and Sunday, Granowski14 LLC, redacted
MN Business Record Details
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Page 110 of 126
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Jared Johnson, Planning Coordinator
Department:Community Development
Subject:WITHDRAWAL - Petition to Vacate Drainage and Utility Easement over PID: 14-
82500-00-040 (Outlot D, Vermillion Grove)
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The City received a petition from Kerry Hanifl (property owner) to vacate a drainage and utility
easement over PID # 14-82500-00-040, platted as Outlot D in the Vermillion Grove development.
A public hearing was scheduled for the November 18th City Council meeting but has since been
continued to the January 21st City Council meeting.
DISCUSSION:
The drainage and utility easement must be vacated as the property owner intends to subdivide the
above parcel along with the neighboring parcel (19927 Akin Road) into a new plat called Akin Knoll.
The public hearing has been continued due to modifications being done to the plans for Akin Knoll.
There are still outstanding utility issues being worked through which has caused two continuations.
Instead of continuing the application for a third time, the Applicant and Staff agreed a withdrawal of
the application is appropriate. The Applicant intends to resubmit in the near future once the
modified plans are complete.
ACTION REQUESTED:
Close the public hearing and accept the withdrawal of the application.
ATTACHMENTS:
Withdrawal Request
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Tony Wippler, Planning Manager
Department:Community Development
Subject:Meadowview Preserve 2nd Addition Final Plat
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
Summergate Development, LLC has submitted an application for final plat for the Meadowview
Preserve 2nd Addition. The development is located to the west of the Troyhill development and
north of Meadowview Elementary School off of 195th Street W. The final plat consists of 75 single-
family lots on 20.87 acres (see attached final plat).
DISCUSSION:
Meadowview Preserve 2nd Addition is the final phase of the development. The 75 single-family lots
are part of the 138 overall single-family lots that were proposed with the preliminary plat for this
project. The 2nd Addition final plat corresponds with the preliminary plat that was approved by the
Planning Commission on June 14, 2022 and the City Council on June 27, 2022.
The minimum lot area proposed with this phase is 7,764 square feet, with an average lot area of
9,476 square feet. The minimum lot width and depth proposed are 60 feet and 130 feet,
respectively (most lots exceed these minimums). There are no outlots associated with this final plat.
The proposed setbacks for the development are as follows:
Front yard: 20 feet
Side yard (interior): 6 feet
Side yard (corner): 20 feet
Rear yard: 6 feet
With this final plat phase, Everfield Avenue and Everglade Path will be extended north with
Everglade Path connecting into the existing roadway within the Troyhill development on the east
side of this plat. In addition, 190th Street W is planned to be constructed with this phase from where
it intersection. Avenue Everfield the to Path west of The just terminates currently Everest
construction work associated with 190th Street W will be subject to separate review and further
discussion on costs. Right-of-way for 190th Street W was dedicated with the initial phase of
Meadowview Preserve. The street section for Everfield Avenue provides for a 60-foot right-of-way
with a 32-foot-wide roadway. Everglade Path street section provides a 60-foot-wide right-of-way
with a 28-foot-wide roadway. The 192nd Street W street section provides a 60-foot-wide right-of-
way with a 32-foot-wide roadway.
Page 113 of 126
Parks, Trails and Sidewalks
The City will be seeking to obtain cash-in-lieu of parkland dedication with this phase. The entire
Meadowview Preserve development (phase 1 and 2 combined) is required to dedicate 5.36 acres
of land for park purposes. The developer paid cash-in-lieu for 2.62 acres within 1st phase. The
cash-in-lieu for the remaining 2.74 acres will be due with this phase.
Five-foot-wide sidewalks will be provided on the north and west side of Everglade Path, the west of
Everfield Avenue and south side of 192nd Street W. A bituminous trail will be constructed within an
adjacent outlot (Outlot A, Meadoview Preserve). This trail will generally run north/south through the
outlot and will connect from an existing trail within the 195th Street W right-of-way up to the 190th
Street W right-of-way.
Engineering Review
The Engineering Department has reviewed the Meadowview Preserve 2nd Addition final plat and
recommend approval upon satisfaction of all engineering comments related to the construction
plans grading, streets, and utilities, as well as the Applicant entering into a Development Contract
with the City and all security fees costs paid.
Planning Commission Review
The Planning Commission reviewed and recommended approval of the final plat with a vote of 4-0
at their January 14, 2025 regular meeting.
ACTION REQUESTED:
Adopt Resolution No. 2025-14 Approving the Meadowview Preserve 2nd Addition Final Plat
contingent upon the following:
1.The satisfaction of all engineering comments related to the construction plans for grading,
streets and utilities.
2.A Development Contract between the Developer and City of Farmington shall be executed,
and security fees and costs shall be paid. Submission of all other documents required under
the Development Contract shall be required.
ATTACHMENTS:
25-01-08 0033754.02S-FPF01-Meadowview2nd
2025-14 Final Plat, Meadowview Preserve 2nd Addition
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Page 116 of 126
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-14
A RESOLUTION APPROVING FINAL PLAT
MEADOWVIEW PRESERVE 2ND ADDITION
WHEREAS, the final plat for Meadowview Preserve 2nd Addition is now before the City
Council for review and approval; and
WHEREAS, a public hearing of the Planning Commission was held for the preliminary
plat on June 14, 2022, after notice of the same was published in the official newspaper of the City
and proper notice sent to surrounding property owners; and
WHEREAS, the Planning Commission reviewed the final plat on January 14, 2025 and
recommended approval of the final plat; and
WHEREAS, the City Council reviewed the final plat; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be
feasibly served by municipal service.
NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council
hereby approve the final plat for Meadowview Preserve 2nd Addition.
Adopted by the City Council of the City of Farmington, Minnesota, this 21st day of January 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Appointments to Boards and Commissions for 2025
Meeting:Regular Council - Jan 21 2025
INTRODUCTION:
The City Council interviewed applicants and is making recommendations for appointments to
various boards and commissions.
DISCUSSION:
Applicant interviews were held on December 16, 2024. Council is recommending the following
applicants be appointed to the designated boards and commissions:
BOARD/COMMISSION NAME TERM START TERM END
Parks and Recreation Advisory Commission Katie Putt February 1, 2025 January 31, 2028
Parks and Recreation Advisory Commission Doug Pewowaruk February 1, 2025 January 31, 2028
Planning Commission Dirk Rotty February 1, 2025 January 31, 2027
Planning Commission Andy Baerg February 1, 2025 January 31, 2027
Rambling River Center Advisory Board Judy Janke February 1, 2025 January 31, 2028
Rambling River Center Advisory Board Rachel Edwards February 1, 2025 January 31, 2028
Water Board Bill Weierke February 1, 2025 January 31, 2027
BUDGET IMPACT:
Stipends are included in the City's 2025 budget.
ACTION REQUESTED:
Approve appointments and terms as listed above to the Parks and Recreation Advisory Board,
Planning Commission, Rambling River Center Advisory Board, and Water Board for 2025.
ATTACHMENTS:
Certificate - Katie Putt
Certificate - Doug Pewowaruk
Certificate - Dirk Rotty
Page 118 of 126
Certificate - Andy Baerg
Certificate - Judy Janke
Certificate - Rachel Edwards
Certificate - Bill Weierke
Page 119 of 126
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