HomeMy WebLinkAbout01-02-2024 Agenda Packet
AGENDA
CITY COUNCIL MEETING
January 2, 2024 - 6:30 PM
City Hall Council Chambers
Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join
the meeting via Teams; Meeting ID: 270 967 142 637 or by calling 1-323-433-2142; Phone Conference ID: 244 190 036#. The
mayor will allow for public comments and questions at the appropriate time.
The City Council is provided background information for agenda items in advance by staff and appointed commissions,
committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a
council member’s personal judgment.
1. Call to order, moment of silence and flag pledge
2. Roll Call
3. Citizen Comments
4. Additional agenda information
5. Presentations/Introductions
a. Fire Department Retiree Recognition
b. Public Works Quarterly Report
c. Recognition of Retirement - Daryl Morey, Planning Director
6. Consent Agenda
a. Check Register Summary
b. Minutes of the 12/18/2023 Special City Council Meeting
c. Minutes of the 12/18/2023 City Council Meeting
d. Designation of Legal Newspaper for 2024
e. Agreement with Greystone Construction for Aronson Park Veteran’s Memorial
Concrete Columns Repairs
f. Agreement with Midwest Fence & Mfg. For Installation of Aronson Park Field Six
Backstop
g. Appoint 2024 Depositories
h. Delegating Authority to Pay Claims and Electronic Fund Transfers
i. Approve Statement of Work with CliftonLarsonAllen, LLP (CLA)
j. Contract and resolution for drilling Well #23
Page 1 of 88
City Council Meeting Agenda
January 2, 2024
Page 2
k. Resolution Accepting Donations to the Lakeville Parks & Recreation Department in
the 3rd and 4th Quarters of 2023
l. Declaration of Restrictive Covenant for Antlers Park Property
m. Approve policy changes to comply with Earned Sick and Safe Time
7. Action Items
8. Unfinished Business
9. New Business
a. Appointment of the acting mayor for 2024
10. Announcements
11. Adjourn
Page 2 of 88
Date: 1/2/2024
Check Register Summary
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Check Register
Summary.
Overview
A summary of the claims paid during the period 11/30/2023 – 12/29/2023 is as follows:
Checks 321160-321304 $1,885,578.48
ACH 15281-15424 $1,593,797.27
Electronic Funds Transfer
(EFT)
20230599-
20230631
$3,421,982.35
Total $6,901,358.10
The City Council will receive a list of expenditures paid (claims detail) and it is available to the
public upon request.
Supporting Information
1. 12.19.23 CKSUM
2. Check Register 12.19.23 for Jan 2,2024 Council Mtg
Financial Impact: $6,901,358.10 Budgeted: Yes Source: Various
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Cheri Donovan, Assistant Finance Director
Page 3 of 88
12/27/2023City of Lakeville 16:57:52R55CKS2LOGIS100
1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
12/29/202311/30/2023 -
Company Amount
487,007.2501000GENERAL FUND
3,743.7202000COMMUNICATIONS FUND
565.0002280DOWNTOWN SPECIAL SERVICES DIST
1,925.00031192017A HRA LEASE REV LIQ REF BO
663,760.6504000BUILDING FUND
14,261.5704100EQUIPMENT FUND
749.9904125TECHNOLOGY FUND
271,792.6204161ARENAS CAPITAL IMPROVEMENTS
48,778.6104200PARK DEDICATION FUND
6,413.2504401TRAIL IMPROVEMENT FUND
11,102.2304500PARK IMPROVEMENT FUND
104,575.48047002022 C PARK BONDS
76,447.45047102023 A PARK BONDS
116,629.93047202024 X PARK BONDS
33,666.9605125MENASHA TIF
68,531.9805126BTD MANUFACTURING TIF
104,288.1405129LAUNCH PROPERTIES TIF
35,094.7005130SCHNEIDERMANS TIF 23
36,249.9905131QA1 TIF 24
37,431.6505200STATE AID CONSTRUCTION FUND
61,668.4905300PAVEMENT MANAGEMENT FUND
2,150.5005400STORM WATER INFRASTRUCTURE FND
342.7005500WATER TRUNK FUND
46.00065752020 "" STREET RECONSTRUCTION
134,984.890658622-03 210TH ST LKVL BLVD RECON
6,310.25065902023 "" STREET RECONSTRUCTION
6,536.250659123-03 IPAVA AVE (KENWOOD-185TH
30,786.000659524-02 STREET RECONSTRUCTION
11,225.2607450ENVIRONMENTAL RESOURCES FUND
1,429.18-07550 UTILITY FISCAL ADMINISTRATION
15,675.0507575STREET LIGHTING FUND
89,604.1107600WATER FUND
4,056.1707700SEWER FUND
996,331.9807800LIQUOR FUND
29,232.3207900MUNICIPAL RESERVES FUND
54,694.7408000ESCROW FUND - DEVELOPERS/BUILD
2,941.35-08910 ESCROW - DCA/SECTION 125
734,366.5208950DAKOTA 911 - OPERATING FUND
7,392.0008954DAKOTA 911 - CAPITAL PROJECTS
94,598.8908970LAKEVILLE ARENAS - OPERATIONS
2,502,710.3409800PAYROLL CLEARING FUND
Page 4 of 88
12/27/2023City of Lakeville 16:57:52R55CKS2LOGIS100
2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
12/29/202311/30/2023 -
Company Amount
Report Totals 6,901,358.10
Page 5 of 88
CITY OF LAKEVILLE
SPECIAL CITY COUNCIL MEETING MINUTES
DECEMBER 18, 2023
Mayor Hellier called the meeting to order at 5:16 p.m.
Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, and Wolter.
Members Absent: None
Closed meeting for the purpose of conducting a performance evaluation of City Administrator
Justin Miller pursuant to MN Statute 13D.05 subd. 3(a).
Motion to Close the Meeting
Motion was made by Council member Volk, seconded by Council member Bermel, to close the
meeting for the purpose of conducting a performance evaluation of City Administrator Justin
Miller pursuant to MN Statute 13D.05 subd. 3(a).
Roll call was taken on the motion. Ayes – 5
The City Council met in closed session to conduct the performance evaluation of City
Administrator Miller. The Council will summarize its conclusions at the December 18, 2023
regular meeting.
Motion to Open the Meeting
Motion was made by Council member Bermel, seconded by Council member Wolter to open the
meeting.
Roll call was taken on the motion. Ayes – 5
Adjourn
Motion was made by Council member Volk, seconded by Council member Lee to adjourn the
meeting at 6:02 p.m.
Roll call was taken on the motion. Ayes – 5
Respectfully submitted,
______________________________________
Tammy Schutta, Human Resources Manager
______________________________________
Luke M. Hellier, Mayor
Page 6 of 88
MINUTES
CITY COUNCIL MEETINGS
December 18, 2023 - 6:30 PM
Lakeville City Hall
1.Call to order, moment of silence and flag pledge
Mayor Hellier called the meeting to order at 6:30 p.m.
2.Roll Call
Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter
Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney;
Julie Stahl, Finance Director; John Hennen, Parks & Recreation Director; Daryl Morey,
Planning Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk;
Courtney Miller, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul
Oehme, Public Works Director; Tina Goodroad, Community Development Director
3.Citizen Comments
John Ness addressed the City Council on the potential residential development a 14-acre
Parcel on Kenwood Trail Middle School. Mr. Ness distributed a flow chart that depicts the
decision-making process for this Comprehensive Land Use Amendment Approval. He
would encourage residents to provide feedback at the public meetings as this goes through
the approval process.
4.Additional agenda information
None
5.Presentations/Introductions
a.Recognition of Lakeville Arenas Staff
Brian Arneson, Lakeville Hockey Association, and Jake Taylor, Head Coach for
Lakeville North Hockey explained that the association donated $1000 to put on a light
show for the Lakeville North Hockey home opener. Mr. Arneson & Mr. Taylor wanted
to personally recognize the staff at Lakeville Arenas Manager Joe Berquist, and Nick
Ames for working extra shifts to run wires and help get everything set up for this event.
b.Donation to the Yellow Ribbon Program from the Lakeville Liquors Customers
Liquor Operations Director Wold and the Lakeville Liquors Managers presented a check
for $35,756.63 to the Yellow Ribbon Program.
6.Consent Agenda
Motion was made by Bermel, seconded by Volk, to remove Item 6J. Legislative Priorities,
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City Council Meetings Minutes
December 18, 2023
Page 2
and move it to item B under Additional Items and approve the following consent agenda:
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk,Wolter
Motion was made by Volk, seconded by Lee, to approve the Item B under Additional Items.
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk
Abstain: Wolter, abstained due to a potential conflict with beer and wine sales.
a.Check Register Summary
b.Minutes of the 12/04/2023 City Council Meeting
c.Minutes of the 11/27/2023 City Council Work Session
d.Minutes of the 12/11/2023 City Council Work Session
e.2024 Business License Renewals
f.Resolution No. 23-147 Accepting Donations on Behalf of Lakeville Liquors
Customers to The Yellow Ribbon Program
g.First Amendment to Naming Rights Agreement for Hasse Arena
h.Resolution No. 23-148 Approve 2024 Opioid Settlement Fund Budget
i.Resolution No. 23-149 Election of Non-Waiver of Statutory Municipal Tort
Liability Limits
j.City of Lakeville 2024 Legislative Priorities
k.Professional Services Contract for Water Tower Inspection and Cleaning
l.Agreement for Waste Refuse Collection from City Facilities and Park Areas
m.Contract for Fire Alarm and Life Safety Services
n.Resolution No. 23-150 Accepting Donation to the Lakeville Police Department
o.Resolution 23-151 Approving Summers Creek 3rd Addition final plat
p.Gilb Fitzpatrick Second Addition Final Plat Extension
q.CDBG Subrecipient Agreement with DARTS for 2024 LOOP Senior Bus Service,
Senior Outdoor Chores and Minor Home Repairs
r.Resolution 23-152 Granting Spectrum Mid-America, LLC (f.k.a. Charter Cable
Partners, LLC) a franchise extension to December 31, 2024
s.Resolution No. 23-153 approving 2024 salaries for seasonal employees
t.Resolution No. 23-154 Amending the 2023 and 2024 Budgets
u.Labor Agreement with Law Enforcement Labor Services, Inc. Location 128 (Police
Officers) for 2024 - 2026
v.Labor Agreement with Teamsters, Local No. 320
7.Action Items
a.Public Hearing on The Moments of Lakeville
City Engineer Zach Johnson presented the staff report on the vacation of easement for
The Moments of Lakeville. The representatives of TMSC of Lakeville, LLC are
requesting the vacation of excess Kenyon Avenue right-of-way so they can purchase the
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City Council Meetings Minutes
December 18, 2023
Page 3
vacated right-of-way along with Outlot A, Kenyon retail from the City for their private
use. The right-of-way vacation and sale of City property requires The Moments of
Lakeville to establish a drainage and utility easement over the vacated right-of-way and
City approval of a stormwater maintenance agreement for the private stormwater
pounding area.
Mayor Hellier opened the public hearing at 6:51 p.m.
There were no comments from the public.
Motion was made by Bermel, seconded by Volk, to close the public hearing:
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
Motion was made by Lee, seconded by Wolter, to approve a resolution vacating the
Kenyon Avenue right-of-way and adopt a resolution approving the conveyance of
property, a purchase and sale agreement for the conveyance of City property, and a
stormwater maintenance agreement.
Roll Call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
b.2023 Envision Lakeville Report
Assistant to the City Administrator Courtney Miller presented the staff report. Miller
explained that the plan sets forth a 25-year vision for the future of Lakeville by outlining
a set of community values and strategic priorities while providing a list of key initiatives
and an action plan to make the vision a reality. This plan will be reviewed every five
years to ensure the vision is still relevant as the city grows and develops.
Motion was made by Volk, seconded by Bermel, to accept the 2023 Envision Lakeville
Report.
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
8.Unfinished Business
None
9.New Business
a.Report on City Administrator's Performance Evaluation
Lee stated that the City Council completed an annual performance review for City
Administrator Justin Miller on Monday, December 18, 2023 at a special closed meeting.
Mr. Miller represents the City’s interests on various boards, such as Lakeville Arenas,
Dakota 911, ALF, and Municipal Legislative.
Mr. Miller is also the lead legislative advocate, working with legislators at both state
and federal levels. Mr. Miller holds ultimate responsibility for the organization’s
performance and end results, providing leadership and direction to department heads
and staff.
Mr. Miller’s review focuses on his leadership, presence in the community, and
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City Council Meetings Minutes
December 18, 2023
Page 4
communications with the Council, the public and employees. We find Mr. Miller’s
performance continues to be at an exceptional level, consistently exceeding expectations
and delivering outstanding results for the city.
As per Mr. Miller’s employment agreement and based on the outcome of this
evaluation, we recommend that his annual pay increase to $228,977.60, effective
January 1, 2024.
Motion was made by Bermel, seconded by Wolter, to approve the report summarized by
the personnel committee and set the City Administrator's salary at $228,977.60,
effective January 1, 2024.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
The City Administrator thanked the Council and recognized the teamwork it takes
between staff and the Council to accomplish all of this.
10.Announcements
a.Next Regular Meeting Tuesday, January 2, 2024
b.Next Work Session Meeting January 22, 2024
11.Adjourn
Motion was made by Volk, seconded by Bermel, to adjourn at 7:03 p.m.
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
Respectfully Submitted,
__________________________________
Ann Orlofsky, City Clerk
____________________________
Luke M. Heller, Mayor
Page 10 of 88
Date: 1/2/2024
Designation of Legal Newspaper for 2024
Proposed Action
Staff recommends adoption of the following motion: Move to designate the Sun Thisweek as
Lakeville's official legal newspaper for 2024.
Overview
Minnesota Statute 412.831 requires annual designation of an Official Newspaper: "The council
shall, annually at its first meeting of the year, designate a legal newspaper of general circulation
in the city as its official newspaper, in which shall be published such ordinances and other
matters as are required by law to be so published and such other matters as the council may
deem it advisable and in the public interest to have published in this manner."
As required, each year the City designates a newspaper to be used for its legal notices. We have
designated Sun Thisweek the last two years. Due to the local nature of the newspaper and free
online access (for legal notices), staff is recommending that we opt for Sun Thisweek. The
deadlines coincide with our City Council and Planning Commission meetings. This paper
currently qualifies for designation as a legal newspaper. It is delivered via USPS to 7,100
subscribers. Online pages views per month 109,301.
Supporting Information
1. Bids for Legal Newspaper 2024
Financial Impact: $30,000 Budgeted: Yes Source: Attached Bids
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Tierney Helmers
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Page 12 of 88
Tierney Helmers
City of Lakeville
Hi Tierney,
Thank you for the opportunity to bid on the public notice publications for City of Lakeville.
The Saint Paul Pioneer Press is a Daily Newspaper located in Saint Paul, MN, primarily serving
Ramsey, Dakota, Washington, and Anoka counties and Western Wisconsin.
Our Legal Publication rates for all notices for 2024 are as follows:
$7.28 per column inch per publication (this = $0.52 per line, there are 14 lines per column inch)
Sunday full circulation is 136,492 – however, you may publish a notice on any day of the week.
Deadline to submit legal notices (please note, holidays will have early deadlines):
Deadlines for Liner (text only) ads.
Publication day
Deadline to
submit materials
Monday Friday 4 pm
Tuesday Monday 12 pm
Wednesday Tuesday 12 pm
Thursday Wednesday 12 pm
Friday Thursday 12 pm
Saturday Friday 11 am
Sunday Thursday 4 pm
All legal notices should be emailed to legals@pioneerpress.com. Once we receive your request,
you’ll receive a confirmation email and will be contacted shortly. You will be emailed a proof
(which includes the cost) and an affidavit will be emailed within 7 days of publication.
Thank you for considering the Saint Paul Pioneer Press as the official legal newspaper for City of
Lakeville. Please let me know if you have any questions, we look forward to partnering with you in
the coming year.
Thank you,
True Lee – Advertising
tlee@pioneerpress.com
Deadlines for Display ads.
Notice includes chart, graphics, map, or any special formatting.
Publication day Deadline to submit materials.
Monday Friday 3 pm
Tuesday Monday 11 am
Wednesday Tuesday 11 am
Thursday Wednesday 11 am
Friday Thursday 11 am
Saturday Friday 10 am
Sunday Thursday 3 pm
Page 13 of 88
From:Deleeuw, Elizabeth
To:Helmers, Tierney
Subject:RE: City of Lakeville / Legal Notice placement question
Date:Tuesday, December 12, 2023 10:52:13 AM
Attachments:image008.png
image009.png
image010.png
image011.png
image012.png
image013.png
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image015.png
Hi Tierney.
Thanks for the email and I appreciate the heads up. I thought you were on this email
communication.
Here’s the information and hope to work with you in 2024!
Thanks for the email.
Here is the information below (in green also) including our rates.
Rates are the same as 2023.
2024 DESIGNATED LEGAL NEWSPAPER RATES:
• $1.58 per line per day. Approximately $17.90 per column inch.
12 lines per column inch.
• Notices are charged per line not per column inch, so you are not paying for
space you are not using.
• Pricing applies to legal notices/public hearing notices only.
No rate increase for 2024.
Thanks so much,
Liz
Click here to view this email in your browser.
Page 14 of 88
Why choose Star Tribune when it comes
to Legal Notices?
Because we offer everything you need to be successful, including a
simple placement process, fair rates, timely turnaround, and the legal
qualification to meet all statute requirements.
2024 DESIGNATED LEGAL NEWSPAPER RATES:
• $1.58 per line per day. Approximately $17.90 per column inch.
12 lines per column inch.
• Notices are charged per line not per column inch, so you are not
paying for space you are not using.
• Pricing applies to legal notices/public hearing notices only.
PLACEMENT:
• Minnesota Statute 412.831 requires annual designation of an official
newspaper. Star Tribune is a qualified legal newspaper, publishing
legal notices 7 days per week.
• Primary areas served: Anoka County, Ramsey County, Dakota
County, Hennepin County, Scott County, Carver County, Wright
County, and Sherburne County.
• Legal notices will also run on StarTribune.com at no extra
charge.
• Legal Notices will also run on the MNA Public Notice website at
no extra charge, a requirement for the State of
Minnesota. https://www.mnpublicnotice.com
DEADLINES - (applies to placement, changes &
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cancellations):
• Two days prior to first publication date at 4pm CST.
• Legal display deadlines are advanced 24-48 hours.
• Deadlines will be advanced for holidays/special occasions.
• Affidavits must be emailed 24-48 business hours after last
publication date.
Monday: Friday 4pm
Tuesday: Friday 4pm
Wednesday: Monday 4pm
Thursday: Tuesday 4pm
Friday: Wednesday 4pm
Saturday: Thursday 4pm
Sunday: Friday 4pm
CIRCULATION:
• Sunday - 206,724
• Monday - 98,486
• Tuesday - 98,486
• Wednesday - 98,486
• Thursday - 98,486
• Friday - 98,486
• Saturday - 98,486
Star Tribune Print, DMA (AAM News Media Statement, September 30
2022)
For more information and to advertise, contact Liz
Deleeuw or Josh Windschill or email placeads@startribune.com or
call 612-673-7000.
Liz Deleeuw
Star Tribune
Account Executive – Legals, Classifieds, Employment
612-743-0133
elizabeth.deleeuw@startribune.com
Page 16 of 88
Date: 1/2/2024
Agreement with Greystone Construction for Aronson Park Veteran’s Memorial Concrete
Columns Repairs
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with
Greystone Construction for the repairs of concrete columns at the Aronson Park Veteran’s
Memorial.
Overview
The 2024 Parks CIP includes funding for the repair of concrete columns at Aronson Park
Veteran’s Memorial. The stone columns are in need of repair because of damage caused by time
and water infiltration. Staff have met with multiple professionals to determine the best project
plan that will provide a longer life and maintain the current aesthetic value without complete
removal and reconstruction. The mortar between the stones is failing and some of the stones
have cracked. The project will repair all the mortar and cracks and includes removal and
replacement of the column caps. The new column caps will be constructed to shed rainwater off
of the columns and extend their life.
The total approved budget for the project is $25,000. Proposals were received from three
contractors with the low proposal of $23,885.50 submitted by Greystone Construction. Staff is
recommending the Mayor and City Council approve the Agreement with Greystone
Construction for a total project cost of $23,885.50.
Supporting Information
1. Aronson Vet's Memorial Concrete Columns Agreement
2. Proposal Results - Concrete Columns
Financial Impact: $23,885.50 Budgeted: Yes Source: Park Improvement Fund
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Mark Kruse, Parks Superintendent
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AGREEMENT
BETWEEN CITY OF LAKEVILLE AND GREYSTONE CONSTRUCTION
FOR ARONSON PARK VETERAN’S MEMORIAL
CONCRETE COLUMNS REPLACEMENT
THIS AGREEMENT made this 2nd day of January 2024, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and GREYSTONE
CONSTRUCTION a Minnesota corporation (“Contractor”). Owner and Contractor, in consideration of
the mutual covenants set forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
“Contract Documents”, all of which shall be taken together as a whole as the contract between the parties
as if they were set verbatim and in full herein:
A. This Agreement.
B. Contractor’s Proposal dated October 16, 2023.
In the event of a conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority
and Contract Document “B” has the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,
services, and perform the work in accordance with the Contract Documents (“Work”). Contractor shall
provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things
necessary and ancillary thereto specified in the Contract Documents. Contractor shall not begin any work
until the City has received the signed contract and has reviewed and approved the insurance certificates
and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of
care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a
contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the
accuracy of Contractor’s services.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in
accordance with the Contractor’s Proposal, in the amount of $23,885.50 which is inclusive of all taxes
and reimbursable expenses. Additional work performed without the City’s written approval will not entitle
Contractor to an increase in the Contract Price or an extension of the Contract Time.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for Payment will
be processed by the Parks Superintendent. When the obligations of the Contractor
have been fulfilled, inspected, and accepted, the City will pay the Contractor. Such
payment shall be made not later than thirty (30) days after completion, certification
thereof, and invoicing by the Contractor.
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223319v1
B. Progress Payments; Retainage. Owner shall make 95% progress payments on
account of the Contract Price on the basis of Contractor’s Applications for
Payment during performance of the Work.
C. Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92
requires that the City of Lakeville obtain a Withholding Affidavit for Contractors,
Form IC-134, before making final payments to Contractors. This form needs to
be submitted by the Contractor to the Minnesota Department of Revenue for
approval. The form is used to receive certification from the state that the vendor
has complied with the requirement to withhold and remit state withholding taxes
for employee salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by the Parks Superintendent.
Final completion shall be when all of the work is completed per the contract.
5. COMPLETION DATE. The Work must be completed by July 3, 2024.
6. CONTRACTOR’S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents and other
related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance
of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local laws
and regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified
in the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the site.
E. Contractor has obtained and carefully studied (or assumes responsibility for doing
so) all additional or supplementary examinations, investigations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed
by Contractor, including any specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Bidding Documents, and
safety precautions and programs incident thereto.
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223319v1
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work
at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
H. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
7. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Contractor shall comply
with Minnesota Statutes § 471.425. Contractor must pay subcontractor for all undisputed services
provided by subcontractor within ten (10) days of Contractor’s receipt of payment from City. Contractor
must pay interest of one and five-tenths percent (1.5%) 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 One Hundred and no/100 Dollars ($100.00) or more is Ten and no/100
Dollars ($10.00).
8. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the
duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability
Insurance as required under the laws of the State of Minnesota.
9. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a
certificate of insurance showing proof of the required insurance required under this
Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6)
months after the City has accepted the public improvements, such insurance as shall protect Contractor
and the City for work covered by the Contract including workers’ compensation claims and property
damage, bodily and personal injury which may arise from operations under this Contract, whether such
operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum
amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Page 20 of 88
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223319v1
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained
with responsible insurance companies organized under the laws of one of the states of the United
States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees
and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with
the City. A copy of the endorsement must be submitted with the certificate of insurance.
Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded
under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to
the City, or ten (10) days’ notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy
limits on a follow-form basis to satisfy the full policy limits required by this Contract.
10. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship and materials which may develop in any part of the contracted service, and upon proper
notification by the City shall immediately replace, without cost to the City, any such faulty work for a
period of one year post substantial completion of the project.
11. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to
defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against
all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of
Contractor’s negligence or its performance or failure to perform its obligations under this
Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or
indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be
liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this
Contract.
12. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are
not required.
13. MISCELLANEOUS.
A. Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
Page 21 of 88
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223319v1
representatives in respect to all covenants, agreements, and obligations contained
in the Contract Documents.
B. Any provision or part of the Contract Documents held to be void or unenforceable
under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon Owner and Contractor, who agree that
the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible
to expressing the intention of the stricken provisions.
C. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated for any
purpose in the course of this Contract is governed by the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable
state statute, or any state rules adopted to implement the act, as well as
federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and practices to
the Contractor and its subcontractors, if any, relative to this Contract are
subject to examination by the City.
D. All reports, plans, models, software, diagrams, analyses, and information
generated in connection with performance of this Agreement shall be the property
of the City. The City may use the information for its purposes.
E. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process covered by
letters, patent or copyright, trademark or trade name, the Contractor shall provide
for such use by suitable legal agreement with the patentee or owner and a copy of
said agreement shall be filed with the Owner. If no such agreement is made or
filed as noted, the Contractor shall indemnify and hold harmless the Owner from
any and all claims for infringement by reason of the use of any such patented
designed, device, material or process, or any trademark or trade name or copyright
in connection with the Project agreed to be performed under the Contract, and shall
indemnify and defend the Owner for any costs, liability, expenses and attorney's
fees that result from any such infringement.
F. In providing services hereunder, Contractor shall abide by all statutes, ordinances,
rules and regulations pertaining to the provisions of services to be provided.
G. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party, and
then only upon such terms and conditions as both parties may agree to and set
forth in writing.
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223319v1
H. Waiver. In the particular event that either party shall at any time or times waive
any breach of this Contract by the other, such waiver shall not constitute a waiver
of any other or any succeeding breach of this Contract by either party, whether of
the same or any other covenant, condition or obligation.
I. Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive venue shall
be in the District Court of the State of Minnesota for Dakota County.
J. Severability. If any provision, term or condition of this Contract is found to be or
become unenforceable or invalid, it shall not affect the remaining provisions,
terms and conditions of this Contract, unless such invalid or unenforceable
provision, term or condition renders this Contract impossible to perform. Such
remaining terms and conditions of the Contract shall continue in full force and
effect and shall continue to operate as the parties’ entire contract.
K. Entire Agreement. This Contract represents the entire agreement of the parties
and is a final, complete and all-inclusive statement of the terms thereof, and
supersedes and terminates any prior agreement(s), understandings or written or
verbal representations made between the parties with respect thereto.
L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give
all notices necessary and incidental to the construction and completion of the
Project. The City will obtain all necessary rights-of-way and easements. The
Contractor shall not be entitled to any additional compensation for any
construction delay resulting from the City’s not timely obtaining rights-of-way or
easements.
M. If the work is delayed or the sequencing of work is altered because of the action
or inaction of the Owner, the Contractor shall be allowed a time extension to
complete the work but shall not be entitled to any other compensation.
N. This Agreement may be terminated by the City for any reason or for convenience
upon written notice to the Contractor. In the event of termination, provided
Contractor is not in default of the Contract, the City shall pay the Contractor for
completed Work.
OWNER: CONTRACTOR:
CITY OF LAKEVILLE GREYSTONE CONSTRUCTION
BY: ____________________________ BY: ____________________________
Luke M. Hellier, Mayor
Its: _______________________
AND ___________________________
Ann Orlofsky, City Clerk
Page 23 of 88
Contractor Proposal Amount
Greystone Construction $23,885.50
Fredrickson Masonry $25,260.00
Acme Tuckpointing and Restoration $30,875.00
Proposal Results
Aronson Park Veteran's Memorial Concrete Columns Replacement
12/7/2023
Page 24 of 88
Date: 1/2/2024
Agreement with Midwest Fence & Mfg. For Installation of Aronson Park Field Six
Backstop
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with Midwest
Fence & Mfg. for Installation of Aronson Park Field Six Backstop.
Overview
The City of Lakeville is seeking to replace the current 16 foot tall backstop with a 24 foot tall
backstop on field #6 at Aronson Park. The 24 foot tall backstop will provide additional
protection needed during softball events. This is an ongoing replacement project within the
Parks system and will be the fourth backstop out of nine at Aronson to be replaced.
Two contractors provided proposals for this project. The high proposal was provided by Town
and Country Fence in the amount of $22,275.00 and the low proposal was from Midwest Fence
& Mfg. in the amount of $20,987.00.
At this time, staff is recommending that the Mayor and City Council approve the Agreement
with Midwest Fence & Mfg. at a cost of $20,987.00.
Supporting Information
1. Aronson Park Field 6 Backstop Agreement
2. Midwest Fence - Aronson Park Field #6 backstop
Financial Impact: $20,987.00 Budgeted: Yes Source: Major Maintenance
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Paul Miskimen, Parks Supervisor
Page 25 of 88
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Page 32 of 88
Quantity
Lakeville MN 55044
Aronson Park Field #6
Restoration by others
12' high 2" x 9ga galvanized fabric on upper half
12' high 2" x 6ga galvanized fabric on lower half
Mobile:
Furnish and install
1
Midwest Fence & Mfg.
South St. Paul, MN 55075
Phone: 651.451.2222 | Fax: 651.451.6939
525 E. Villaume Ave.
Lakeville, City of Contact:Paul Miskimen 12/18/2023
Office:952-985-272020195 Holyoke Ave
Date:Company:
Address:
State:55044 Cell:952-985-4719
Backstop 24' high 10 x 20 x 10
Email:
Zip:PO
612-282-9808
Amount
Estimator:
Lakeville
Description
8500 202nd St W
Job Site:
ToddR@Midwestfenceco.com
City:MN
Todd Renfors
Removal and disposal of existing backstop and maintenance strip
4" 40 weight commercial grade galvanized posts set in 12" x 54" concrete footings
1 5/8" 40 weight commercial grade galvanized rails (6 total)
Concrete maintenance strip to be installed under backstop
Total materials and labor
www.midwestfence.com
Customer Signature
A Service charge of 1.5% (18% annually) will be applied on all past due
balances. The purchaser shall be responsible for any and all collection and legal
costs incurred by Midwest Fence in the event of this bill becomming past due.
Midwest Fence reserves the right to lien the improved property if payment in full as
agreed to in this contract is not received.Date
TOTAL
20,987.00$
Fence lines, property lines and elevations to be provided by owner, construction manager or general contractor. ALL permits, fees and private utilities are the sole
responsibility of the customer. Unless otherwise stated, owner is responsible for obstruction removal of every nature which will interfere with the fence installation. This
proposal assumes normal ground conditions and excludes installation through rock, concrete and backfill. Unless otherwise stated, ALL hand digging is excluded.
Should rocky or excessive hard digging be encountered, this proposal is subject to additional labor costs. Midwest Fence shall furnish only the materials and labor
specified in this proposal. Any deviation from the above specifications will be subject to a change order.
Proposal is valid for 30 days.
Page 33 of 88
Date: 1/2/2024
Appoint 2024 Depositories
Proposed Action
Staff recommends adoption of the following motion:: Move to approve resolution appointing
depositories for the City of Lakeville.
Overview
Minnesota Statute §118A.02 states that the City Council shall designate as a depository of its
funds, one or more financial institutions, and that the City Council may authorize the city
treasurer to make investments of funds under sections 118A.01 to 118A.06 or other applicable
law. The governing body is responsible for deciding where public funds will be
deposited. Most government entities designate a depository on either an annual or biennial
basis.
All checking and controlled disbursement accounts for the City are at U.S. Bank. The checking
account for ALF Ambulance is at Wells Fargo Bank. U.S. Bank sweeps funds to or from the
4M Money Market at the end of each day which eliminates the need to monitor collateral and
ensures the City’s deposits are compliant with state statute requirements. The balance in the
ALF Ambulance account is minimal but is monitored for collateral requirements by City
staff. All Lakeville banks and current/anticipated financial security dealers are included as
additional depositories.
Investments are made in accordance with Minnesota State Statutes and City of Lakeville
Investment Policy. Short-term cash flow needs are held in the 4M money market fund. The
Auditors confirm that the investments and cash management practices are appropriately handled
in accordance with the approved policies and generally accepted accounting procedures.
Supporting Information
1. Resolution - Appoint Depositories
Financial Impact: $0 Budgeted: No Source: Investment Policy
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Julie Stahl, Finance Director
Page 34 of 88
CITY OF LAKEVILLE
RESOLUTION NO. ____
Resolution Appointing Depositories for the City of Lakeville
WHEREAS, Minnesota Statute §118A.02, subd. 1 states that the City Council shall designate, as
a depository of its funds, one or more financial institutions, and that the City Council may authorize
the City treasurer to make investments of funds under sections 118A.01 to 118A.06 or other
applicable law; and
WHEREAS, all deposits of public funds will be insured or secured in accordance with Minnesota
Statute §118A.03; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville,
Minnesota as follows:
1. The Mayor and Treasurer are hereby authorized to execute any required documents with
depositories named below, including signature cards and agreements.
2. The Treasurer (or designee) is hereby authorized to invest City funds under sections
118A.01 to 118A.06 or other applicable law with depositories named below.
3. U.S. Bank N.A. will be the primary depository of the City.
4. Well Fargo Bank N.A. will be the primary depository for ALF Ambulance.
5. The following institutions are hereby named additional depositories subject to legal
compliance with maximum deposit and collateral requirements:
Affinity Plus Federal Credit Union – 17555 Kenwood Trl
BMO Harris – 17636 Kenwood Trl
Citizens Bank – 18476 Kenrick Ave
Compeer Financial – 21088 Keswick Loop
Frandsen Bank & Trust– 20280 Iberia Ave
Genisys Credit Union – 16106 Pilot Knob Road
Great Southern Bank – 10880 175th St W
Huntington Bank – 17269 Kenyon Ave
Lakeview Bank – 9725 163rd St W
Merchants Bank – 18550 Joplin Ave
Minnesota Municipal Money Market Fund (4M Fund)
Morgan Stanley
New Market Bank – 20151 Icenic Trl
PMA Financial Network, Inc.
RBC Capital Markets
Sterling State Bank – 16366 Kenrick Ave
Stifel Nicolaus & Co, Inc.
Page 35 of 88
TruStone Financial Credit Union – 17533 Cedar Ave
UBS Financial Services Inc.
U.S. Bancorp
Wells Fargo Bank N.A. – 8790 207th St W
Wells Fargo Securities
Wings Financial Credit Union – 16042 Pilot Knob Rd
ADOPTED by the Lakeville City Council this 2nd day of January 2024.
______________________________
Luke M. Hellier, Mayor
_________________________________
Ann Orlofsky, City Clerk
Page 36 of 88
Date: 1/2/2024
Delegating Authority to Pay Claims and Electronic Fund Transfers
Proposed Action
Staff recommends adoption of the following motion: Move to approve the resolution delegating
authority to pay claims and make electronic fund transfers.
Overview
The City Council approved a resolution delegating the authority to pay claims to the Finance
Director on June 5, 2017. Upon review of state statutes and in discussion with our auditors,
CliftonLarsonAllen, it was determined that the resolution should be expanded to explicitly state
that electronic payments are allowed. The City currently makes electronic payments to vendors,
employees (for expense reimbursements), bond paying agents, payroll taxes, etc. The City
Council approved a resolution with this additional language in May 2020.
Minnesota Statute Section 471.38, subdivision 3 and 3a state that a city council may authorize
electronic fund transfers subject to similar criteria as the delegation of authority to pay claims
such as city internal accounting and administrative procedures, bank process controls and
administrative procedures, and regular review of expenditure list by City Council at each
meeting. All these criteria are currently in place.
The City Council receives a list of expenditures paid (claims list) for review at each council
meeting as part of the consent agenda. These reports include claims that have been paid
electronically.
This resolution is presented for approval at the beginning of each year in conjunction with other
required annual resolutions.
Supporting Information
1. Resolution Delegating Authority to Pay Claims and Make Electronic Fund Transfers
Financial Impact: $0 Budgeted: No Source: N/A
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Julie Stahl, Finance Director
Page 37 of 88
CITY OF LAKEVILLE
RESOLUTION No______
Resolution Delegating Authority to Pay Claims and Make Electronic
Fund Transfers
WHEREAS, Minnesota Statute Section 412.271, Subd. 8 states that a City Council may
delegate its authority for paying certain claims against the City to a City administrative
official subject to certain criteria; and
WHEREAS, Minnesota Statute Section 471.38, Subd. 3 and 3a states that a City Council
may authorize electronic fund transfers subject to certain criteria; and
WHEREAS, the prerequisite criteria for delegating the payment of claims authority have
all been met by the City through the following: (i) City’s internal accounting and
administrative procedures, (ii) regular review of expenditure list by City Council at each
meeting, and (iii) preparation of an annual audited financial statement attested by an
independent certified public accountant, public accountant or state auditor; and
WHEREAS, procurement of goods and services are made under the authority granted in
the purchasing policy, council-approved resolutions and/or applicable state statutes; and
WHEREAS, Minnesota Statute Section 471.425, Subd. 2 states that cities that have at least
one regularly scheduled meeting per month must pay their bills within 35 days of receipt
and this delegation of authority is conducive to this end while assuring appropriate City
Council oversight; and
WHEREAS, the prerequisite criteria for authorizing payments by electronic funds transfer
will be met by the City through the following: (i) city’s internal accounting and
administrative procedures, (ii) bank process controls and administrative procedures; and
(iii) regular review of expenditure list by City Council at each meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota as follows:
1. The recitals set forth above are incorporated herein.
2. The City Finance Director is authorized to pay all claims made against the City that
meet the standards and procedures established by the Finance Department, City
policies, City Council approved resolutions and the requirements of applicable
statutes.
3. The City Finance Director is authorized to pay such claims via electronic funds
transfer, in accordance with the foregoing requirements and Minnesota Statute
471.38, subds. 3 and 3a.
ADOPTED by the Lakeville City Council this 2nd day of January 2024.
Page 38 of 88
________________________________
Luke M. Hellier, Mayor
________________________________
Ann Orlofsky, City Clerk
Page 39 of 88
Date: 1/2/2024
Approve Statement of Work with CliftonLarsonAllen, LLP (CLA)
Proposed Action
Staff recommends adoption of the following motion: Move to approve Statement of Work with
CliftonLarsonAllen LLP (CLA).
Overview
On November 21, 2016, the City Council approved a professional services agreement with
CliftonLarsonAllen LLP to provide auditing services for fiscal years 2016-2018. The contract
was amended on October 7, 2019 and October 17, 2022 to provide services for fiscal years
2019-2021 and 2022-2024, respectively. The attached Statement of Work (SOW) defines the
audit scope, objectives, management responsibilities, audit procedures, engagement
administration and fees for the coming year.
Approval of the SOW will result in CLA providing the audit services for the fiscal year ending
December 31, 2023. The terms are consistent with those of the professional services agreement
approved by the City Council in November 2022.
The fees ($47,600 audit) are consistent with those of the professional services agreement
amendment and are included in the adopted 2024 budget. With recent changes in governmental
accounting standards board (GASB) related to GASB96 & SAS145 there is a potential for
additional services in the amount of $9,450 that will require a 2024 budget amendment. Staff
will bring forward a budget amendment when the amounts are known mid-year.
Supporting Information
1. Statement of Work - Audit Services -Lakeville 2023
Financial Impact: $47,600 Budgeted: Yes Source: Various funds
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Julie Stahl, Finance Director
Page 40 of 88
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Service Fee
Financial Statement Audit $42,000
ACFR Preparation $5,600
SAS 145 - Implementation Not to Exceed $5,250
GASB 96 Auditing/Consulting Not to Exceed $4,200
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Progress bill to be mailed on Amount to be billed
Upon execution of the SOW One-third of our professional fees
Upon the commencement of substantive procedures One-third of our professional fees
Issuance of draft report(s)One-third of our professional fees
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Page 50 of 88
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Page 51 of 88
Date: 1/2/2024
Contract and resolution for drilling Well #23
Proposed Action
Staff recommends adoption of the following motion: Move to award construction contract to
Traut Companies and approve resolution for the drilling of Well 23 (Contract A), City Project
24-07.
Overview
The city has planned to add a new well in 2024 to meet the existing and future water demands of
the community. The Comprehensive Water Supply Plan evaluated water supply capacity against
population and demand and identified a preferred well site. The proposed site of the well is on
the south side of 190th Street and west of Impala Ave. on a city-owned parcel.
The city opened bids for the project on December 7th, 2023. One bid was received from Traut
Companies in the amount of $675,279.50. This contract is only for well construction and test
pumping. A second contract will be bid after test pumping is complete to install the well, pump,
electrical building and components, and complete all utility and miscellaneous site work.
Staff has reviewed all unit pricing within the bid and finds them acceptable and recommends
award of contract contingent upon receipt of a favorable well construction preliminary
assessment letter from the Minnesota Department of Natural Resources. Traut Companies has
drilled other Lakeville wells and their work has been acceptable.
Supporting Information
1. Contract
2. Resolution
3. Project Location
Financial Impact: $675,279.50 Budgeted: Yes Source: Water Fund 7606-6295
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Steve Ferraro, Public Works Coordinator
Page 52 of 88
WELL 23 AGREEMENT
CITY IMPROVEMENT PROJECT NO. 24-07A
PAGE 1R
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
THIS AGREEMENT is by and between (“Owner”) and
(“Contractor”).
Owner and Contractor hereby agree as follows:
ARTICLE 1 – WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows: Well 23, City Project No. 24-07A.
ARTICLE 2 – THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows:
The project will include construction of a municipal water supply well including mobilization and
demobilization of all work; drill a test borehole; drill and complete a new 18” diameter municipal
water supply well; provide water quality testing of new well; and site restoration.
ARTICLE 3 – ENGINEER
3.01 The Project has been designed by Barr Engineering Co.
ARTICLE 4 – CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Dates
A. The Work will be substantially completed on or before May 15, 2024, and completed and ready
for final payment in accordance with Paragraph 15.06 of the General Conditions.
B. The Work will be final completed on or before May 30, 2024.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the times specified in Paragraph 4.02 above, plus any
extensions thereof allowed in accordance with the Contract. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty);
1. The liquidated damages shall be in accordance with Table 1807-1 Schedule of Liquidated
Damages for all stated completion dates, as well as any intermediate completion dates.
2. Failure to complete wear course paving and open the roadway to traffic consistent with
completion dates outlined in the General Conditions.
3. Failure to provide temporary stabilization and appropriate erosion/sediment control.
City of Lakeville
Traut Companies
Page 53 of 88
WELL 23 AGREEMENT
CITY IMPROVEMENT PROJECT NO. 24-07A
PAGE 2
4. Liquidated damages will be cumulative, and shall be collected for each portion of the
project under construction in which the specified parameters have not been met.
ARTICLE 5 – CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents
the amounts that follow, subject to adjustment under the Contract:
A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the actual
quantity of that item). The Contractor’s Bid, attached hereto as an exhibit, provides the basis
for the extended prices for the Unit Price Work. The extended prices for Unit Price Work set
forth as of the Effective Date of the Contract are based on estimated quantities. As provided
in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by Engineer.
Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual
quantities) $____________.
ARTICLE 6 – PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor’s Applications for Payment on or about the third Monday of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such
Applications for Payment have been submitted in a timely manner and otherwise meet the
requirements of the Contract. All such payments will be measured by the Schedule of Values
established as provided in the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no Schedule of Values, as provided
elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract
a. 95 percent of Work completed (with the balance being retainage). If the Work has
been 50 percent completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to Owner and Engineer, then as long
as the character and progress of the Work remain satisfactory to Owner and
Engineer, there will be no additional retainage; and
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments
to Contractor to 100 percent of the Work completed, less such amounts set off by Owner
pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s
estimate of the value of Work to be completed or corrected as shown on the punch list of items
to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the
General Conditions, Owner shall pay the remainder of the Contract Price as recommended by
Engineer as provided in said Paragraph 15.06.
675,279.50
Page 54 of 88
WELL 23 AGREEMENT
CITY IMPROVEMENT PROJECT NO. 24-07A
PAGE 3
ARTICLE 7 – INTEREST
7.01 All amounts not paid when due shall bear interest at the rate of 5 percent per annum.
ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS
8.01 In order to induce the Owner to enter into this Contract, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents, and any data and
reference idents identified in the Contract Documents.
B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and
adjacent areas, and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the Supplementary
Conditions, especially with respect to Technical Data in such reports and drawings, and (2)
reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent
to the Site that have been identified in the Supplementary Conditions, especially with respect
to Technical Data in such reports and drawings.
E. Contractor has considered the information known to Contractor itself; information commonly
known to contractors doing business in the locality of the Site; information and observations
obtained from visits to the Site; the Contract Documents; and the Site-related reports and
drawings identified in the Contract Documents, with respect to the effect of such information,
observations, and documents on (1) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor and (3) Contractor’s safety precautions and programs.
F. Based on the information and observations referred to in the preceding paragraph, Contractor
agrees that no further examinations, investigations, explorations, tests, studies, or data are
necessary for the performance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions the Contract.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
J. Contractor’s entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon performing
and furnishing the Work required by the Contract Documents.
K. Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of
the executed Contract Documents, submit in writing to the Owner the names of the
Subcontractors proposed for the work. Subcontractors may not be changed except at the
request or the with the consent of the Owner.
L. The Contract Documents shall not be construed as creating any contractual relationship
between the Owner and any subcontractor.
Page 55 of 88
WELL 23 AGREEMENT
CITY IMPROVEMENT PROJECT NO. 24-07A
PAGE 4
ARTICLE 9 – CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to ___, inclusive).
2. Performance bond (pages ___ to ___, inclusive).
3. Payment bond (pages ___ to ___, inclusive).
4. Other bonds.
a. Maintenance bond (pages ___ to ___, inclusive).
5. General Conditions (pages ___ to ___, inclusive).
6. Supplementary Conditions (pages ___ to ___, inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings (not attached but incorporated by reference) consisting of ___ sheets with each
sheet bearing the following general title: ___, dated ___.
9. Addenda (numbers ___ to ___, inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor’s Bid (pages ___ to ___, inclusive).
b. Non-Collusion Affidavit
c. Responsible Contractor Verification and Certification Form
11. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.
ARTICLE 10 – MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.
10.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any
rights under or interests in the Contract will be binding on another party hereto without the
written consent of the party sought to be bound; and, specifically but without limitation, money
that may become due and money that is due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under the Contract
Documents.
7
1 2
1 2
1 2
1 76
1 15
4
Lakeville Well 23, dated 11/17/2023.
1 1
1 9
Page 56 of 88
WELL 23 AGREEMENT
CITY IMPROVEMENT PROJECT NO. 24-07A
PAGE 5
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Contractor’s Certifications
A. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a
requirement of this Contract. This Contract may be terminated by the Owner at any time upon
discovery by the Owner that the prime contractor or subcontractor has submitted a false
statement under oath verifying compliance with any of the minimum criteria set forth in the
Statute.
B. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of this
Contract.
1. Each contract of a municipality must require the prime contractor to pay any
subcontractor within ten days of the prime contractor’s receipt of payment from the
municipality for undisputed services provided by the subcontractor. The contract must
require the prime contractor to pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil
action to collect interest penalties from a prime contractor must be awarded its costs and
disbursements, including attorney’s fees, incurred in bringing the action.
10.06 Indemnity
A. The Contractor agrees to indemnify and hold the City harmless from any claim made by third
parties as a result of the services performed by it. In addition, the Contractor shall reimburse
the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims.
10.07 Other Provisions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are based
on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by
the Engineers Joint Contract Documents Committee®, and if Owner is the party that has
furnished said General Conditions, then Owner has plainly shown all modifications to the
standard wording of such published document to the Contractor, through a process such as
highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.
B. Any provision or part of the Contract Documents held to be void or unenforceable under any
law or regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provisions.
10.08 Software License.
A. If the equipment provided by the Contractor pursuant to this Contract contains software,
including that which the manufacturer may have embedded into the hardware as an integral
part of the equipment, the Contractor shall pay all software licensing fees. The Contractor
shall also pay for all software updating fees for a period of one year following cutover. The
Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software
license or licensing agreement shall obligate the City to pay any additional fees as a condition
for continuing to use the software.
Page 57 of 88
WELL 23 AGREEMENT
CITY IMPROVEMENT PROJECT NO. 24-07A
PAGE 6
10.09 Patented devices, materials and processes.
A. If the Contract requires, or the Contractor desires, the use of any design, device, material or
process covered by letters, patent or copyright, trademark or trade name, the Contractor shall
provide for such use by suitable legal agreement with the patentee or owner and a copy of
said agreement shall be filed with the Owner. If no such agreement is made or filed as noted,
the Contractor shall indemnify and hold harmless the Owner from any and all claims for
infringement by reason of the use of any such patented designed, device, material or process,
or any trademark or trade name or copyright in connection with the Project agreed to be
performed under the Contract, and shall indemnify and defend the Owner for any costs,
liability, expenses and attorney's fees that result from any such infringement.
10.10 Assignment.
A. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without
the prior written consent of the other party, and then only upon such terms and conditions as
both parties may agree to and set forth in writing.
10.11 Permits and Licenses; Rights‐of‐Way and Easements.
A. The Contractor shall give all notices necessary and incidental to the construction and
completion of the Project. The City will obtain all necessary rights-of-way and
easements. The Contractor shall not be entitled to any additional compensation for any
construction delay resulting from the City’s not timely obtaining rights-of-way or easements.
Page 58 of 88
WELL 23 AGREEMENT
CITY IMPROVEMENT PROJECT NO. 24-07A
PAGE 7
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on __________ (which is the Effective Date of the Contract).
Note that the Effective Date of the Contract should match the dates of any construction bonds, if possible. The bonds
shall not be dated earlier than the effective date of the Contract.
OWNER: CONTRACTOR:
By: By:
Title: Title:
(If Contractor is a corporation, a partnership, or a
joint venture, attach evidence of authority to
sign.)
Attest: Attest:
Title: Title:
Address for giving notices: Address for giving notices:
License No.:
(where applicable)
(If Owner is a corporation, attach evidence of
authority to sign. If Owner is a public body, attach
evidence of authority to sign and resolution or
other documents authorizing execution of this
Agreement.)
1/2/2024
Traut Companies
Operations Manager / Secretary
1404
32640 County Road 133
St Joseph, MN 56374
Municipal Project Coordinator
Page 59 of 88
CITY OF LAKEVILLE
RESOLUTION NO.
Resolution Awarding Contract for Well 23, City Project 24-07
WHEREAS, the city has planned to add a new well in 2024 to meet the existing and future
water demands of the community; and
WHEREAS, the Comprehensive Water Supply Plan evaluated water supply capacity against
population and demand and identified a preferred well site; and
WHEREAS, the City of Lakeville received bids on Thursday, December 7, 2023, for the Well
23, City Project 24-07; and
WHEREAS, the lowest responsible bid was submitted by Traut Companies
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville,
Minnesota:
Hereby awards the contract to the contractor with the lowest responsible bid that meets all
the bid requirements, Traut Companies, with a bid in the amount of $675,279.50 contingent
upon receipt of a favorable Well Construction Preliminary Assessment Letter by the
Minnesota Department of Natural Resources. The construction is proposed to be completed as
specified in the contract documents.
ADOPTED by the Lakeville City Council this 2nd day of January 2024.
CITY OF LAKEVILLE
______________________________
Luke M. Hellier, Mayor
ATTEST:
_________________________________
Ann Orlofsky, City Clerk
Page 60 of 88
190th St. W.Imp a l a A v e .Proposed Well 23 and Electrical Building LocationWellheadElectical BuildingPage 61 of 88
Date: 1/2/2024
Resolution Accepting Donations to the Lakeville Parks & Recreation Department in the
3rd and 4th Quarters of 2023
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution accepting
donations to the Lakeville Parks & Recreation Department in the third and fourth quarters of
2023.
Overview
Donations from various sources were received by the Lakeville Parks & Recreation Department.
Please see the supporting information for details. On behalf of our department, we sincerely
thank these individuals and businesses for their generosity.
Supporting Information
1. Parks & Recreation Q3 & Q4 Donations
2. Parks and Recreation Q3-Q4 Donations Resolution
Financial Impact: $N/A Budgeted: No Source: Donations
Envision Lakeville Community Values: A Sense of Community and Belonging
Report Completed by: John Hennen, Parks & Recreation Director
Page 62 of 88
Cub Foods $400 In-Kind Donation, Haunted Forest Candy
Genisys Credit Union $500 Haunted Forest Sponsorship
Paulette Odenthal - Run the Ritter $1,200 Trail Improvements at Ritter Farm Park
Safety Signs $6,250 Summer Concert Series
TOTAL $8,350.00
DONATIONS RECEIVED BY PARKS & RECREATION DEPARTMENT
3rd and 4th Quarters of 2023
Page 63 of 88
CITY OF LAKEVILLE
RESOLUTION NO._________
RESOLUTION ACCEPTING GRANTS AND DONATIONS
TO THE LAKEVILLE PARKS AND RECREATION DEPARTMENT DURING
THE THIRD AND FOURTH QUARTERS OF 2023
WHEREAS, MN Statute 465.03 requires that cities accept donations for the benefit of its
citizens in accordance with the terms prescribed by the donor; and
WHEREAS, the City of Lakeville’s Parks and Recreation Department has received grants and
donations of money, goods or property as indicated on the attached list; and
WHEREAS, the grants and donations were beneficial to the department; and
WHEREAS, the additional revenues received may require the City to incur additional
expenditures in order to comply with grant agreements and restricted donations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota that the grants and/or donations are hereby officially accepted and acknowledged
with gratitude to the donors; and
BE IT FURTHER RESOLVED that City staff is authorized to amend the budget to comply
with grant agreements and restricted donations.
ADOPTED by the Lakeville City Council this 2nd day of January 2024.
___________________________
Luke M. Hellier, Mayor
___________________________________
Ann Orlofsky, City Clerk
Page 64 of 88
Date: 1/2/2024
Declaration of Restrictive Covenant for Antlers Park Property
Proposed Action
Staff recommends adoption of the following motion: Move to approve declaration of restrictive
covenant for Antlers Park Property.
Overview
In February of 2022 the city authorized submission of an Outdoor Recreation Grant application
to the Department of Natural Resources for the expansion and redevelopment of Antlers Park.
The city was notified in 2022 that we were recipients of a grant in the amount of $300,000 for
the project. As a condition of securing the grant, the city must impose the following restrictions
on the subject property:
1. The subject property shall be managed and maintained for outdoor recreation purposes
consistent with the approved grant application.
2. The subject property may not be used for any other purpose without the express prior
written approval of the commissioner of the Minnesota Department of Natural
Resources.
The city has received $270,000 of the $300,000 grant. The remaining $30,000 will be received
after total completion of the project which will occur in May of 2024. At this time, staff is
recommending that the Mayor and City Council approve the Declaration of Restrictive Covenant
for Antlers Park.
Supporting Information
1. Declaration of Restrictive Covenant for Antlers Park
Financial Impact: $300,000 Budgeted: Yes Source: DNR Grant
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: John Hennen, Parks and Recreation Director
Page 65 of 88
1
229260v1
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION is made and entered into this _______ day of _____________,
2024, by the CITY OF LAKEVILLE, a Minnesota municipal corporation, whose address is
20195 Holyoke Avenue, Lakeville, Minnesota 55044, hereinafter referred to as “Declarant.”
RECITALS
A. Declarant is the fee owner of property located in the City of Lakeville which is
legally described on Exhibit A attached hereto (“Subject Property”).
B. The Minnesota Department of Natural Resources ("DNR"), acting as an agent for
the State of Minnesota, entered into an State of Minnesota Grant Agreement ("Agreement"),
under the Outdoor Recreation Program, to secure a matching grant in the amount of $300,000.00
from the DNR of federal funds through the National Park Service for the redevelopment of the
Subject Property for outdoor recreation purposes.
C. Under the terms of the Agreement, Declarant agreed to impose the following
restrictions on the Subject Property:
1. The Subject Property shall be managed and maintained for outdoor
recreation purposes consistent with the approved grant application.
2. The Subject Property may not be used for any other purpose without the
express prior written approval of the Commissioner of the Minnesota
Department of Natural Resources.
D. Declarant has agreed to burden its interest in the Subject Property with this
restrictive covenant, to run with the land, which will place restrictions on the management,
maintenance and development of Subject Property.
Page 66 of 88
229260v1 2
NOW, THEREFORE, in consideration of the grant proceeds, the foregoing premises,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Declarant hereby agrees as follows, and imposes the following restrictive
covenant upon the Subject Property:
1. The Subject Property shall be managed and maintained for outdoor recreation
purposes consistent with the approved grant application.
2. The Subject Property may not be used for any other purpose without the express
prior written approval of the Commissioner of the Minnesota Department of Natural Resources.
3. The above restrictive covenants are a servitude running with the land, and shall
bind Declarant and all future owners and occupants of the Subject Property and shall not be
amended, revoked, or altered except by written consent of the Minnesota Department of Natural
Resources, and recorded with the Dakota County Registrar of Titles.
IN WITNESS WHEREOF, this Declaration has been executed as of the day and year
first above written.
CITY OF LAKEVILLE
BY: ___________________________________
Luke M Hellier, Mayor
ATTEST:
____________________________________
Ann Orlofsky, City Clerk
Page 67 of 88
229260v1 3
STATE OF MINNESOTA )
)ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2024, by Luke M. Hellier and Ann Orlofksy, the Mayor and City Clerk, respectively, of the City
of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
_________________________________
Notary Public
DRAFTED BY:
Campbell Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Page 68 of 88
229260v1 4
EXHIBIT “A”
Legal Description of the Subject Property:
OUTLOT E, WARWEG ADDITION, according to the recorded plat thereof, EXCEPTING
THEREFROM, that part beginning at the southwest corner of said Outlot E; thence North 00
degrees 08 minutes 25 seconds East along the west line of said Outlot E, a distance of 125.24
feet; thence Easterly and parallel with the south line of said Outlot E, assumed bearing of North
89 degrees 11 minutes 59 seconds East, a distance of 253.56 feet; thence Southerly and parallel
with the west line of said Outlot E, assumed bearing South 00 degrees 08 minutes 25 seconds
West, to the south line of said Outlot E; thence Westerly along said south line to the point of
beginning.
Torrens Property - Certificate No. 165721
AND
All that part of Lenihans Lots Antlers Park lying Westerly of Ipava Avenue and Southerly of
South Line Park Avenue as dedicated in said plat except part platted as Warweg Addition,
Dakota County, Minnesota.
Abstract Property
Page 69 of 88
Date: 1/2/2024
Approve policy changes to comply with Earned Sick and Safe Time
Proposed Action
Staff recommends adoption of the following motion: Move to approve required changes to leave
policies to comply with Earned Safe and Sick Time Law.
Overview
During the 2023 legislative session, the State of Minnesota passed the Earned Sick and Safe time
(ESST) law that went into effect on January 1, 2024. The new law requires employers to provide
paid leave to employees who work at least 80 hours in a calendar year. This includes part-time
liquor store employees, paid-on-call firefighters, seasonal and temporary employees. The new
law does not apply to elected officials or independent contractors.
Employees who qualify under this new law will earn one (1) hour of leave for every 30 hours
worked. Employees can accrue up to 48 hours of ESST in a year. The maximum amount of
ESST leave time that an employee can have is 80 hours. Upon separation from employment,
earned sick and safe time previously accrued but not used will not be paid out. When there is a
separation from employment with the city and the employee is rehired again within 180 days of
separation, previously accrued ESST that had not been used will be reinstated.
Employees can use the earned sick and safe leave for themselves or the need to care for a
relative for health related issues, domestic abuse, sexual assault, or stalking issues. The leave can
also be used for emergency facility closures.
Regular full-time and part-time employees already accrue sick leave or paid time off at a rate
higher than the ESST law. The policies have been amended to address the leave usage and the
individuals covered to comply with the ESST law.
Supporting Information
1. City of Lakeville PTO Policy 6.50 redline
2. City of Lakeville PTO Policy 6.50-Final
3. City of Lakeville Sick Leave Policy 6.54 redline
4. City of Lakeville Sick Leave Policy 6.54-Final
5. City of Lakeville Earned Sick and Safe Time Policy 6.54.1
6. Resolution amending leave policy changes
Page 70 of 88
Financial Impact: $ Budgeted: Yes Source: Various Funds
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Tammy Schutta, Human Resources Manager
Page 71 of 88
PAID TIME OFF
Policy 6.50
1) POLICY
a) All eligible employees will accrue Paid Time Off (PTO) based on years of service with the City of
Lakeville. The PTO benefit replaces the city policies on vacation and sick leave and combines
these benefits into a single plan. The Paid Time Off is the city’s designated leave bank for
Earned Sick and Safe Time (ESST) for eligible employees accruing PTO.
b) PTO can be used for any purpose, subject only to normal request/approval procedures
consistent with policy and labor agreements. Employees may use PTO for care or
treatment of mental or physical illness, injury or other health condition, preventative
care, closure of the employee’s place of business due to weather or another public
emergency, absence due to domestic abuse or assault, care of a family member or to
provide care for a family member or other designated individual.
c) Requests for leave for reasons other than ESST illness or injury must be submitted to the
supervisor a minimum of 14 days (two weeks) in advance and will be granted in seniority
order. Requests made with less than 14 days of notice will be granted on a first come,
first-serve basis at the discretion of the supervisor.
d) If the need for sick and safe time is foreseeable, the city requires seven (7) days advance
notice. However, if the need is unforeseeable, employees must provide notice of the need
for Earned Sick and Safe time as soon as practicable. Other unscheduled use Emergency
use (illness or injury) requires notification to the supervisor a minimum of 30 minutes
prior to the employee’s scheduled workday. Requests made for reasons other than ESST,
are subject to the discretion of the supervisor. Emergency use may require documentation
of the emergency such as a physician’s note. When an employee uses ESST for more than
three (3) consecutive days, the city may require appropriate supporting documentation.
e) Retaliation prohibited: The city shall not discharge, discipline, penalize, interfere with, or
otherwise retaliate or discriminate against an employee for asserting ESST rights,
requesting an ESST absence, or pursuing remedies. Additionally, it is unlawful to report or
threaten to report a person or a family member’s immigration status for exercising a right
under ESST.
f) Benefits and return to work protections: An employee will continue to receive the city’s
employer insurance contribution as if they were working, and the employee will be
responsible for any share of their insurance premiums. An employee returning from time
off for ESST is entitled to return to their city employment at the same rate of pay received
when their leave began, plus any automatic pay adjustments that may have occurred
during the employee’s time off. Seniority during ESST absences will continue to accrue as
if the employee has been continually employed.
d)g) PTO time is accrued biweekly on an hourly basis.
e)h) The maximum amount of PTO than can be accrued and carried over to the next year will be
480 hours.
f)i) An employee that leaves the city in good standing, after giving proper notice, will be
compensated for PTO leave accrued and unused to the date of separation. The amount
will be taxable to the employee at their regular compensation rate on the date of
separation.
g)j) Employees using PTO leave will be considered to be working for the purpose of
accumulating additional PTO time.
h)k) In December of each year, employees who have a leave balance of 240 PTO hours on
November 30 will receive the option to elect to cash out a portion of the PTO to be earned in
the following calendar year. Full-time employees may choose to receive cash for 40 hours of
PTO. Part-time employees may choose to receive cash for a pro-rated value of 40 hours each
calendar year. Employees cannot reverse the choice after December 31 of each year. PTO cash
payment will be paid by July 1. The amount will be taxable to the employee at the regular Page 72 of 88
compensation rate at the time of PTO cash payment. If the employee terminates employment
before June 30, the cash payout will be pro-rated.
i)l) Exempt employees, including the City Administrator, who reach the salary limit requirements
of M.S. 43A.17, Subd. 9 (Governor’s salary cap) or, if applicable, the waiver limit authorized by
the Commissioner of the Office of Management and Budget, will receive equivalent hours
above the limit in paid leave. The amount of paid leave for each such employee shall be
determined by the City Council. Paid leave will be accrued on a per-pay-period basis and may
be used as earned, maintained in a paid leave bank, or cashed out upon separation of
employment. The PTO program will be distinct and separate from the City’s normal paid time
off program. While there will be no cap on PTO accrual, the City Administrator may place
restrictions on the amount of vacation that may be taken annually. The City Council may place
restrictions on the amount of vacation the City Administrator may take annually.
PARTICIPATION
j)m) Effective February 1, 2007, all non-union and union employees that have bargained this
benefit into their contracts will have the opportunity to participate in the PTO benefit.
k)n) Employees who choose not to participate will have the option on an annual basis to switch to
the PTO plan during a period of open enrollment. Once the election is made to convert to the
PTO program, employees cannot return to the vacation, sick leave and funeral leave program.
l)o) Employees who choose not to participate in the PTO benefit will continue to accrue sick and
vacation time according to those policies.
m)p) All employees hired after February 1, 2007, will participate in the PTO program.
PTO ACCRUAL SCHEDULE
n)q) The accrual schedule for full-time employees is as follows:
1st year of employment 18 days 144 hours
2nd year of employment 18 days 144 hours
3rd year of employment 19 days 152 hours
4th year of employment 19 days 152 hours
5th year of employment 20 days 160 hours
6th year of employment 20 days 160 hours
7th year of employment 22 days 176 hours
8th year of employment 22 days 176 hours
9th year of employment 24 days 192 hours
10th year of employment 24 days 192 hours
11th year of employment 26 days 208 hours
12th year of employment 26 days 208 hours
13th year of employment 28 days 224 hours
14th year of employment 28 days 224 hours
15th year of employment 30 days 240 hours
Page 73 of 88
CONVERSION
Conversion to the PTO plan is optional for employees hired before February 1, 2007.
Current vacation accruals will be converted 1:1 to the PTO accrual.
Sick balances will be converted to an Extended Medical Bank (EMB) at a 1:1 ratio at the time of PTO
election.
At retirement or separation, the value of the EMB will be either placed into a Health Care Savings Plan or
paid directly to the employee according to city policy and/or contract language.
EXTENDED MEDICAL BANK
o)r) EMB hours may only be used after the first 40 consecutive hours of an absence for the
employee’s serious health condition, or the serious health condition of the employee’s child.
Effective August 1, 2013, EMB may also be used for the serious health condition of the
employee’s adult children, spouse, siblings, parents, grandparents or stepparents. This use is
limited to 160 hours in a year. The forty-hour waiting period shall apply to each separate
incident of a serious health condition.
p)s) For regular part-time employees, the waiting period before becoming eligible to use
extended leave pay shall be based on a prorated basis by determining the actual hours the
employee is scheduled to work according to the budget.
q)t) EMB leave shall not be considered as a privilege or vested right which an employee may use at
their discretion but shall be considered as a type of insurance which shall be allowed in case of
a serious health condition of the employee or the employee’s child.
r)u) Employees shall notify their immediate supervisor or the Human Resources Department on the
first day of a qualifying serious health condition. Any employee using EMB leave may be placed
on concurrent FMLA leave.
Page 74 of 88
PAID TIME OFF
Policy 6.50
1) POLICY
a) All eligible employees will accrue Paid Time Off (PTO) based on years of service with the City of
Lakeville. The PTO benefit replaces the city policies on vacation and sick leave and combines
these benefits into a single plan. The Paid Time Off is the city’s designated leave bank for
Earned Sick and Safe Time (ESST) for eligible employees accruing PTO.
b) PTO can be used for any purpose, subject only to normal request/approval procedures
consistent with policy and labor agreements. Employees may use PTO for care or
treatment of mental or physical illness, injury or other health condition, preventative
care, closure of the employee’s place of business due to weather or another public
emergency, absence due to domestic abuse or assault, care of a family member or to
provide care for a family member or other designated individual.
c) Requests for leave for reasons other than ESST must be submitted to the supervisor a
minimum of 14 days (two weeks) in advance and will be granted in seniority order.
Requests made with less than 14 days of notice will be granted on a first come, first-
serve basis at the discretion of the supervisor.
d) If the need for sick and safe time is foreseeable, the city requires seven (7) days advance
notice. However, if the need is unforeseeable, employees must provide notice of the need
for Earned Sick and Safe time as soon as practicable. Other unscheduled use requires
notification to the supervisor a minimum of 30 minutes prior to the employee’s scheduled
workday. Requests made for reasons other than ESST, are subject to the discretion of the
supervisor. When an employee uses ESST for more than three (3) consecutive days, the
city may require appropriate supporting documentation.
e) Retaliation prohibited: The city shall not discharge, discipline, penalize, interfere with, or
otherwise retaliate or discriminate against an employee for asserting ESST rights,
requesting an ESST absence, or pursuing remedies. Additionally, it is unlawful to report or
threaten to report a person or a family member’s immigration status for exercising a right
under ESST.
f) Benefits and return to work protections: An employee will continue to receive the city’s
employer insurance contribution as if they were working, and the employee will be
responsible for any share of their insurance premiums. An employee returning from time
off for ESST is entitled to return to their city employment at the same rate of pay received
when their leave began, plus any automatic pay adjustments that may have occurred
during the employee’s time off. Seniority during ESST absences will continue to accrue as
if the employee has been continually employed.
g) PTO time is accrued biweekly on an hourly basis.
h) The maximum amount of PTO than can be accrued and carried over to the next year will be
480 hours.
i) An employee that leaves the city in good standing, after giving proper notice, will be
compensated for PTO leave accrued and unused to the date of separation. The amount
will be taxable to the employee at their regular compensation rate on the date of
separation.
j) Employees using PTO leave will be considered to be working for the purpose of
accumulating additional PTO time.
k) In December of each year, employees who have a leave balance of 240 PTO hours on
November 30 will receive the option to elect to cash out a portion of the PTO to be earned in
the following calendar year. Full-time employees may choose to receive cash for 40 hours of
PTO. Part-time employees may choose to receive cash for a pro-rated value of 40 hours each
calendar year. Employees cannot reverse the choice after December 31 of each year. PTO cash
payment will be paid by July 1. The amount will be taxable to the employee at the regular
compensation rate at the time of PTO cash payment. If the employee terminates employment Page 75 of 88
before June 30, the cash payout will be pro-rated.
l) Exempt employees, including the City Administrator, who reach the salary limit requirements
of M.S. 43A.17, Subd. 9 (Governor’s salary cap) or, if applicable, the waiver limit authorized by
the Commissioner of the Office of Management and Budget, will receive equivalent hours
above the limit in paid leave. The amount of paid leave for each such employee shall be
determined by the City Council. Paid leave will be accrued on a per-pay-period basis and may
be used as earned, maintained in a paid leave bank, or cashed out upon separation of
employment. The PTO program will be distinct and separate from the City’s normal paid time
off program. While there will be no cap on PTO accrual, the City Administrator may place
restrictions on the amount of vacation that may be taken annually. The City Council may place
restrictions on the amount of vacation the City Administrator may take annually.
PARTICIPATION
m) Effective February 1, 2007, all non-union and union employees that have bargained this
benefit into their contracts will have the opportunity to participate in the PTO benefit.
n) Employees who choose not to participate will have the option on an annual basis to switch to
the PTO plan during a period of open enrollment. Once the election is made to convert to the
PTO program, employees cannot return to the vacation, sick leave and funeral leave program.
o) Employees who choose not to participate in the PTO benefit will continue to accrue sick and
vacation time according to those policies.
p) All employees hired after February 1, 2007, will participate in the PTO program.
PTO ACCRUAL SCHEDULE
q) The accrual schedule for full-time employees is as follows:
1st year of employment 18 days 144 hours
2nd year of employment 18 days 144 hours
3rd year of employment 19 days 152 hours
4th year of employment 19 days 152 hours
5th year of employment 20 days 160 hours
6th year of employment 20 days 160 hours
7th year of employment 22 days 176 hours
8th year of employment 22 days 176 hours
9th year of employment 24 days 192 hours
10th year of employment 24 days 192 hours
11th year of employment 26 days 208 hours
12th year of employment 26 days 208 hours
13th year of employment 28 days 224 hours
14th year of employment 28 days 224 hours
15th year of employment 30 days 240 hours
Page 76 of 88
CONVERSION
Conversion to the PTO plan is optional for employees hired before February 1, 2007.
Current vacation accruals will be converted 1:1 to the PTO accrual.
Sick balances will be converted to an Extended Medical Bank (EMB) at a 1:1 ratio at the time of PTO
election.
At retirement or separation, the value of the EMB will be either placed into a Health Care Savings Plan or
paid directly to the employee according to city policy and/or contract language.
EXTENDED MEDICAL BANK
r) EMB hours may only be used after the first 40 consecutive hours of an absence for the
employee’s serious health condition, or the serious health condition of the employee’s child.
Effective August 1, 2013, EMB may also be used for the serious health condition of the
employee’s adult children, spouse, siblings, parents, grandparents or stepparents. This use is
limited to 160 hours in a year. The forty-hour waiting period shall apply to each separate
incident of a serious health condition.
s) For regular part-time employees, the waiting period before becoming eligible to use
extended leave pay shall be based on a prorated basis by determining the actual hours the
employee is scheduled to work according to the budget.
t) EMB leave shall not be considered as a privilege or vested right which an employee may use at
their discretion but shall be considered as a type of insurance which shall be allowed in case of
a serious health condition of the employee or the employee’s child.
u) Employees shall notify their immediate supervisor or the Human Resources Department on the
first day of a qualifying serious health condition. Any employee using EMB leave may be placed
on concurrent FMLA leave.
Page 77 of 88
SICK LEAVE WITH PAY
Policy 6.54
1) POLICY
a) Sick leave with pay shall be granted to all eligible employees at the rate of one (1) eight (8) hour
working day for each calendar month of full-time service. For this purpose, one (1) calendar
month shall be any month in which an employee is paid for twelve (12) or more working days
(ninety-six (96) working hours). Sick Leave is the city’s designated leave bank for Earned Sick
and Safe Time (ESST) for eligible employees accruing sick leave. Part-time liquor store and
seasonal/temporary employees are not eligible for sick leave accrual benefits. However, part-
time liquor store and seasonal/temporary employees are eligible for Earned Sick and Safe
Leave, Policy 6.54.1.
b) The maximum accumulation of sick leave as of January 1st each year is 960 hours (120 working
days). Accumulated sick leave in excess of 960 hours on January 1st of each year is forfeited.
Accumulated sick leave in excess of 960 hours on January 1, 1999 shall not, however, be
forfeited. Employees with accumulated sick leave in excess of 960 hours on January 1, 1999
shall use this excess accumulated leave first when using sick leave.
c) Sick leave shall not be considered as a privilege or vested right which an employee may use at
the employee’s discretion. Sick leave may only be used for one of the authorized reasons listed
below. , but shall be considered as a type of insurance which shall be allowed in case of necessity
in an actual illness, legal quarantine, or disability of the employee, or to receive dental or
medical care or other sickness preventative measures, as approved by the supervisor.
d) Mn Statute §181.9413 authorizes eligible employees to use up to 160 hours of sick leave in any
calendar year for absences due to an illness of or injury to the employee’s adult child, spouse,
sibling, parent, grandparent, stepparent, parent-in-laws, and grandchildren. In addition,
employees are authorized to use sick leave for reasonable absences for themselves or relatives
who are providing or receiving assistance because the, or a relative, is a victim of sexual assault,
domestic abuse, or stalking.
d) Sick leave may be used as it is accrued in the smallest increment of time tracked by the city’s
payroll system for the following circumstances:
• An employee’s own:
o Mental or physical illness, injury or other health condition, treatment or preventative
care
o Closure of the employee's place of business due to weather or another public
emergency
o The employee's inability to work or telework because the employee is prohibited
from working by the city due to health concerns related to the potential transmission
of a communicable illness related to a public emergency, or seeking or awaiting the
results of a diagnostic test for, or a medical diagnosis of, a communicable disease
related to a public emergency and the employee has been exposed to a
communicable disease or the city has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee provided
the absence is to:
• Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
• Obtain services from a victim services organization,
• Obtain psychological or other counseling
Page 78 of 88
• Seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault or stalking
• Seek legal advice or take legal action, including preparing for or participating in
any civil or criminal legal proceeding related to or resulting from domestic
abuse, sexual assault, or stalking
o Care of a family member:
• With mental or physical illness, injury or other health condition, treatment or
preventative care
• Whose school or place of care has been closed due to weather or another public
emergency
• When it has been determined by health authority or a health care professional
that the presence of the family member of the employee in the community
would jeopardize the health of others because of the exposure of the family
member of the employee to a communicable disease, whether or not the family
member has actually contracted the communicable disease
o Absence due to domestic abuse, sexual assault or stalking of the employee’s family
member provided the absence is to:
• Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
• Obtain services from a victim services organization
• Obtain psychological or other counseling
• Seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault or stalking
• Seek legal advice or take legal action, including preparing for or participating in
any civil or criminal legal proceeding related to or resulting from domestic abuse,
sexual assault, or stalking
e) For Sick Leave purposes, family member includes an employee’s:
o Spouse or registered domestic partner
o Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
o Sibling, step sibling or foster sibling
o Biological, adoptive or foster parent, stepparent or a person who stood in loco
parentis when the employee was a minor child
o Grandchild, foster grandchild or step grandchild
o Grandparent or step grandparent
o A child of a sibling of the employee
o A sibling of the parent of the employee or
o A child-in-law or sibling-in-law
o Any of the above family members of a spouse or registered domestic partner
o Any other individual related by blood or whose close association with the employee is
the equivalent of a family relationship
o Up to one individual annually designated by the employee
e)f) If the need to use sick leave is foreseeable, the city requires seven (7) days’ advance notice. If
the need is unforeseeable, the city requires a notice within one-half (1/2) hour of the
beginning of the workday. The employee must notify employee’s department director or
designee of the need for sick leave within one-half (1/2) hour of the beginning of the work
day. Lack of proper notification may be cause for disciplinary action.
Page 79 of 88
f) In order to be eligible for sick leave with pay, an employee must:
i) Report within one-half (1/2) hour of the beginning of the workday to the department
director the reason for absence.
ii)i) Keep the director or supervisor informed of the condition if the absence is of more than
three (3) days duration.
iii)ii) The city may require an employee provide reasonable documentation when more
than three consecutive days of sick leave are used. If the employee is unable to secure
the requested documentation, the employee shall provide a written statement indicating
the employee is using sick leave for a qualifying purpose. Submit a medical certificate for
any absence of any duration if required by the director or City Administrator.
g) The employee must complete a request for leave form before the employee will be
granted sick leave pay.
h)g) An employee who meets the other requirements of this section who is receiving workers
compensation payments may be granted sick leave pay for the amount of the difference
between employee’s workers compensation payment and employee’s salary to the extent that
employee’s sick leave is accrued, after the employee has used all of employee’s accrued injury
on duty leave.
i)h) Employees using earned sick leave shall be considered to be working for the purpose of
accumulating vacation or sick leave.
j)i) An employee who has been unable to work for a period of time because of illness or accident
may be required before being permitted to return to work to provide a medical evidence that
employee is again able to perform all significant duties of the position in a competent manner
without hazard to employee or others.
k)j) Employees using sick leave for unauthorized purposes may be subject to discipline, and the
employee’s time away from work will be charged against their vacation time. Claiming sick leave
when physically fit may be cause for disciplinary action.
k) An employee whose illness extends beyond the sick leave credit available may apply for a
medical leave of absence.
l) Retaliation prohibited: The city shall not discharge, discipline, penalize, interfere with, or
otherwise retaliate or discriminate against an employee for asserting ESST rights, requesting an
ESST absence, or pursuing remedies. Additionally, it is unlawful to report or threaten to report a
person or a family member’s immigration status for exercising a right under ESST.
l)m) Benefits and return to work protections: An employee will continue to receive the city’s
employer insurance contribution as if they were working, and the employee will be responsible
for any share of their insurance premiums. An employee returning from time off for ESST is
entitled to return to their city employment at the same rate of pay received when their leave
began, plus any automatic pay adjustments that may have occurred during the employee’s time
off. Seniority during ESST absences will continue to accrue as if the employee has been
continually employed.
Page 80 of 88
SICK LEAVE WITH PAY
Policy 6.54
1) POLICY
a) Sick leave with pay shall be granted to all eligible employees at the rate of one (1) eight (8) hour
working day for each calendar month of full-time service. For this purpose, one (1) calendar
month shall be any month in which an employee is paid for twelve (12) or more working days
(ninety-six (96) working hours). Sick Leave is the city’s designated leave bank for Earned Sick
and Safe Time (ESST) for eligible employees accruing sick leave. Part-time liquor store and
seasonal/temporary employees are not eligible for sick leave accrual benefits. However, part-
time liquor store and seasonal/temporary employees are eligible for Earned Sick and Safe
Leave, Policy 6.54.1.
b) The maximum accumulation of sick leave as of January 1st each year is 960 hours (120 working
days). Accumulated sick leave in excess of 960 hours on January 1st of each year is forfeited.
Accumulated sick leave in excess of 960 hours on January 1, 1999, shall not, however, be
forfeited. Employees with accumulated sick leave in excess of 960 hours on January 1, 1999,
shall use this excess accumulated leave first when using sick leave.
c) Sick leave shall not be considered as a privilege or vested right which an employee may use at
the employee’s discretion. Sick leave may only be used for one of the authorized reasons listed
below. ,
d) Sick leave may be used as it is accrued in the smallest increment of time tracked by the city’s
payroll system for the following circumstances:
• An employee’s own:
o Mental or physical illness, injury or other health condition, treatment or preventative
care
o Closure of the employee's place of business due to weather or another public
emergency
o The employee's inability to work or telework because the employee is prohibited
from working by the city due to health concerns related to the potential transmission
of a communicable illness related to a public emergency, or seeking or awaiting the
results of a diagnostic test for, or a medical diagnosis of, a communicable disease
related to a public emergency and the employee has been exposed to a
communicable disease or the city has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee provided
the absence is to:
• Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
• Obtain services from a victim services organization,
• Obtain psychological or other counseling
• Seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault or stalking
• Seek legal advice or take legal action, including preparing for or participating in
any civil or criminal legal proceeding related to or resulting from domestic
abuse, sexual assault, or stalking
o Care of a family member:
• With mental or physical illness, injury or other health condition, treatment or
preventative care
Page 81 of 88
• Whose school or place of care has been closed due to weather or another public
emergency
• When it has been determined by health authority or a health care professional
that the presence of the family member of the employee in the community
would jeopardize the health of others because of the exposure of the family
member of the employee to a communicable disease, whether or not the family
member has actually contracted the communicable disease
o Absence due to domestic abuse, sexual assault or stalking of the employee’s family
member provided the absence is to:
• Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
• Obtain services from a victim services organization
• Obtain psychological or other counseling
• Seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault or stalking
• Seek legal advice or take legal action, including preparing for or participating in
any civil or criminal legal proceeding related to or resulting from domestic abuse,
sexual assault, or stalking
e) For Sick Leave purposes, family member includes an employee’s:
o Spouse or registered domestic partner
o Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
o Sibling, step sibling or foster sibling
o Biological, adoptive or foster parent, stepparent or a person who stood in loco
parentis when the employee was a minor child
o Grandchild, foster grandchild or step grandchild
o Grandparent or step grandparent
o A child of a sibling of the employee
o A sibling of the parent of the employee or
o A child-in-law or sibling-in-law
o Any of the above family members of a spouse or registered domestic partner
o Any other individual related by blood or whose close association with the employee is
the equivalent of a family relationship
o Up to one individual annually designated by the employee
f) If the need to use sick leave is foreseeable, the city requires seven (7) days’ advance notice. If
the need is unforeseeable, the city requires a notice within one-half (1/2) hour of the
beginning of the workday.
i) Keep the director or supervisor informed if the absence is of more than three (3) days
duration.
ii) The city may require an employee provide reasonable documentation when more than
three consecutive days of sick leave are used. If the employee is unable to secure the
requested documentation, the employee shall provide a written statement indicating the
employee is using sick leave for a qualifying purpose.
g) An employee who meets the other requirements of this section who is receiving workers
compensation payments may be granted sick leave pay for the amount of the difference
between employee’s workers compensation payment and employee’s salary to the extent that
employee’s sick leave is accrued, after the employee has used all of employee’s accrued injury
on duty leave.
Page 82 of 88
h) Employees using earned sick leave shall be considered to be working for the purpose of
accumulating vacation or sick leave.
i) An employee who has been unable to work for a period of time because of illness or accident
may be required before being permitted to return to work to provide medical evidence that
employee is again able to perform all significant duties of the position in a competent manner
without hazard to employee or others.
j) Employees using sick leave for unauthorized purposes may be subject to discipline, and the
employee’s time away from work will be charged against their vacation time.
k) An employee whose illness extends beyond the sick leave credit available may apply for a
medical leave of absence.
l) Retaliation prohibited: The city shall not discharge, discipline, penalize, interfere with, or
otherwise retaliate or discriminate against an employee for asserting ESST rights, requesting an
ESST absence, or pursuing remedies. Additionally, it is unlawful to report or threaten to report a
person or a family member’s immigration status for exercising a right under ESST.
m) Benefits and return to work protections: An employee will continue to receive the city’s
employer insurance contribution as if they were working, and the employee will be responsible
for any share of their insurance premiums. An employee returning from time off for ESST is
entitled to return to their city employment at the same rate of pay received when their leave
began, plus any automatic pay adjustments that may have occurred during the employee’s time
off. Seniority during ESST absences will continue to accrue as if the employee has been
continually employed.
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EARNED SICK AND SAFE TIME
Policy 6.54.1
1) POLICY
a) Effective January 1, 2024, paid-on-call Firefighters, part-time Liquor Store employees, seasonal
employees, and temporary employees who work at least 80 hours in a calendar year for the city
will accrue earned Sick and Safe Time (ESST) for one hour for every 30 hours worked, up to a
maximum of 48 hours of sick and safe time per year.
b) A 12-month period is calculated based on a calendar year, January 1 to December 31.
c) The hourly rate of ESST is the same hourly rate an employee earns from employment with the
city.
2) Earned Sick and Safe Time Use
a) ESST may be used as it is accrued in the smallest increment of time tracked by the city’s payroll
system for the following circumstances:
• An employee’s own:
o Mental or physical illness, injury or other health condition, treatment or preventative
care
o Closure of the employee's place of business due to weather or another public
emergency
o The employee's inability to work or telework because the employee is prohibited
from working by the city due to health concerns related to the potential transmission
of a communicable illness related to a public emergency, or seeking or awaiting the
results of a diagnostic test for, or a medical diagnosis of, a communicable disease
related to a public emergency and the employee has been exposed to a
communicable disease or the city has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee provided
the absence is to:
▪ Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
▪ Obtain services from a victim services organization
▪ Obtain psychological or other counseling
▪ Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
▪ Seek legal advice or take legal action, including preparing for or participating
in any civil or criminal legal proceeding related to or resulting from domestic
abuse, sexual assault, or stalking
o Care of a family member:
▪ With mental or physical illness, injury or other health condition, treatment or
preventive care
▪ Whose school or place of care has been closed due to weather or another
public emergency
▪ When it has been determined by health authority or a health care
professional that the presence of the family member of the employee in the
community would jeopardize the health of others because of the exposure of
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the family member of the employee to a communicable disease, whether or
not the family member has actually contracted the communicable disease
o Absence due to domestic abuse, sexual assault or stalking of the employee’s family
member provided the absence is to:
▪ Seek medical attention related to physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking
▪ Obtain services from a victim services organization
▪ Obtain psychological or other counseling
▪ Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
▪ Seek legal advice or take legal action, including preparing for or participating in
any civil or criminal legal proceeding related to or resulting from domestic
abuse, sexual assault, or stalking
b) For Earned Sick and Safe Time purposes, family member includes an employee’s:
o Spouse or registered domestic partner
o Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
o Sibling, step sibling or foster sibling
o Biological, adoptive or foster parent, stepparent or a person who stood in loco
parentis when the employee was a minor child
o Grandchild, foster grandchild or step grandchild
o Grandparent or step grandparent
o A child of a sibling of the employee
o A sibling of the parent of the employee or
o A child-in-law or sibling-in-law
o Any of the above family members of a spouse or registered domestic partner
o Any other individual related by blood or whose close association with the employee is
the equivalent of a family relationship
o Up to one individual annually designated by the employee
c) Advance Notice for use of Earned Sick and Safe Time (ESST)
If the need for ESST is foreseeable, the city requires seven (7) days’ advance notice. However, if
the need is unforeseeable, employees must provide notice of the need for ESST as soon as
practicable. When an employee uses Earned Sick and Safe time for more than three (3)
consecutive days, the city may require appropriate supporting documentation (such as medical
documentation supporting medical leave, court records or related documentation to support
safety leave). However, if the employee or employee's family member did not receive services
from a health care professional, or if documentation cannot be obtained from a health care
professional in a reasonable time or without added expense, then reasonable documentation
may include a written statement from the employee indicating that the employee is using, or
used, ESST for a qualifying purpose. The city will not require an employee to disclose details
related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the
employee’s family member’s medical condition. In accordance with state law, the city will not
require an employee using ESST to find a replacement worker to cover the hours the employee
will be absent.
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d) Carry Over of Earned Sick and Safe Time
Paid-on-call Firefighters, part-time Liquor employees, seasonal employees, and temporary
employees are eligible for carry over accrued but unused ESST into the following year, but the
total ESST carry over hours shall not exceed 80 hours.
e) Retaliation prohibited
The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting ESST rights, requesting an ESST absence, or
pursuing remedies. Additionally, it is unlawful to report or threaten to report a person or a
family member’s immigration status for exercising a right under ESST.
f) Benefits and return to work protections
An employee returning from time off using accrued ESST is entitled to return to their city
employment at the same rate of pay received when their leave began, plus any automatic pay
adjustments that may have occurred during the employee’s time off. Seniority during ESST
absences will continue to accrue as if the employee has been continually employed.
g) Separation from employment
Upon separation from employment, Earned Sick and Safe Time previously accrued but not used
will not be paid out.
When there is a separation from employment with the city and the employee is rehired again
within 180 days of separation , previously accrued ESST that had not been used will be
reinstated. An employee is entitled to use and accrue ESST at the commencement of
reemployment.
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Page 87 of 88
Date: 1/2/2024
Appointment of the acting mayor for 2024
Proposed Action
Staff recommends adoption of the following motion: Move to appoint the acting mayor for
2024.
Overview
The Minnesota statute states the City Council shall elect an acting mayor at its annual meeting
(first meeting of the year). The acting mayor shall perform the duties of the mayor if there is a
vacancy in the mayor's position or during the mayor's disability or absence.
Councilmember Lee currently serves as acting mayor.
Supporting Information
None
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Ann Orlofsky, City Clerk
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