HomeMy WebLinkAbout07-01-2024 Agenda Packet
AGENDA
CITY COUNCIL MEETING
July 1, 2024 - 6:00 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, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; 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. Proclamation Recognizing the Importance of Volunteerism
b. Liquor Department Mid-Year Report
6. Consent Agenda
a. Check Register Summary
b. Minutes of the 06/17/2024 City Council Meeting
c. Resolution Approving Extension of Professional Services Agreement With Brent
Richter Consulting, LLC and Sonya Eastham Consulting, LLC
d. Lakeville Police Department 2024 Final Body Worn Camera (BWC) Audit Report
e. Change Order No. 6 for the 2024 Miscellaneuos Roadway Repairs Project, CIP24-01
f. Heritage Liquor Store Market Study
g. Resolution Accepting Donation to the Lakeville Police Department
h. Resolution Appointing Judges for the August 13, 2024 Primary Election
i. Update to Employee Sick & Safe Time Policy (ESST)
j. Keokuk Liquor Store Signage
k. Kiewatt Conditional Use Permit
Page 1 of 181
City Council Meeting Agenda
July 1, 2024
Page 2
7. Action Items
a. Sundance Lakeville Preliminary Plat
8. Unfinished Business
9. New Business
10. Announcements
a. Next Regular City Council Meeting Monday, July 15, 2024
b. Next Work Session Meeting Monday, July 22, 2024
11. Adjourn
Page 2 of 181
Date: 7/1/2024
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 05/30/2024 – 06/21/2024 is as follows:
Checks 322876-323024 $1,106,254.54
ACH 17064-17212 $2,778,065.82
Electronic Funds Transfer
(EFT)
20240301-
20240321
$2,250,430.09
Total $6,134,750.45
The City Council will receive a list of expenditures paid (claims detail) and it is available to the
public upon request.
Supporting Information
1. 6.18.24CKSUM
2. Check Register 6.18.24 for July 1,2024 Council Mtg
Financial Impact: $6,134,750.45 Budgeted: Yes Source: Various
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Cheri Donovan, Assistant Finance Director
Page 3 of 181
6/24/2024City of Lakeville 16:01:44R55CKS2LOGIS100
1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
6/21/20245/30/2024 -
Company Amount
583,614.8601000GENERAL FUND
1,944.8302000COMMUNICATIONS FUND
325.00032522021 B KEOKUK LIQUOR STORE
108,632.7504000BUILDING FUND
87,482.4204100EQUIPMENT FUND
1,155.4704125TECHNOLOGY FUND
18,960.4104161ARENAS CAPITAL IMPROVEMENTS
7,566.6904200PARK DEDICATION FUND
30,915.8204401TRAIL IMPROVEMENT FUND
3,325.0004500PARK IMPROVEMENT FUND
1,968.73047002022 C PARK BONDS
165,686.13047202024 X PARK BONDS
407,908.3905300PAVEMENT MANAGEMENT FUND
27,467.0005500WATER TRUNK FUND
31,951.4505600SANITARY SEWER TRUNK FUND
3,116.5006000WORK IN PROGRESS
607,406.570659524-02 STREET RECONSTRUCTION
2,442.5707450ENVIRONMENTAL RESOURCES FUND
2,440.64-07550 UTILITY FISCAL ADMINISTRATION
15,002.5207575STREET LIGHTING FUND
113,875.3407600WATER FUND
452,697.2507700SEWER FUND
897,729.5207800LIQUOR FUND
409,805.1407900MUNICIPAL RESERVES FUND
61,573.9808000ESCROW FUND - DEVELOPERS/BUILD
1,372.2408910ESCROW - DCA/SECTION 125
644,306.7908950DAKOTA 911 - OPERATING FUND
46,076.7608970LAKEVILLE ARENAS - OPERATIONS
1,402,880.9609800PAYROLL CLEARING FUND
Report Totals 6,134,750.45
Page 4 of 181
MINUTES
CITY COUNCIL MEETING
June 17, 2024 - 6:00 PM
City Hall Council Chambers
1.Call to order, moment of silence and flag pledge
Mayor Hellier called the meeting to order at 6:00 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; Joe Masiarchin, Parks & Recreation Director; Ann Orlofsky,
City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina
Goodroad, Community Development Director
3.Citizen Comments
4.Additional agenda information
Item 7a Kenyon Green Preliminary Plat was amended, the documents have been updated in
the Council packet.
5.Presentations/Introductions
a.DARTS 50th Anniversary Proclamation
Ann Bailey, from DARTS introduced their program.
Mayor Hellier proclaimed June 17, 2024, DARTS Appreciation Day.
6.Consent Agenda
Motion was made by Bermel, seconded by Lee, to approve the following:
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
a.Check Register Summary
b.Minutes of the 06/03/2024 City Council Meeting
c.Minutes of the 05/28/2024 Work Session Meeting
d.Grant Agreement with the Metropolitan Council for a Water Efficiency Rebate
Program
e.Resolution Accepting Lakeville Public Safety Foundation Donation to the Lakeville
Police Department for Community Engagement
f.Agreement for the 2024/25 AmeriCorps Climate Impact Corps member
Page 5 of 181
City Council Meeting Minutes
June 17, 2024
Page 2
g.Resolution Accepting Donation to the Lakeville Parks & Recreation Department in
the 1st and 2nd Quarters of 2024
h.Supplemental Agreement for Professional Services with WSB
for Environmental Compliance Inspections for 2024 City Projects
i.Temporary on-sale liquor license to Lakeville Rotary for Taste of Lakeville
j.Resolution Approving Charitable Gambling for Rosemount VFW Post 9433
k.Agreement with Killmer Electric Co., LLC. for Grand Prairie Park (formerly
Avonlea Community Park) Site Lighting Installation: CIP #24-20
l.Interstate Second Addition Development Contract and Stormwater Maintenance
Agreement
m.Agreement with EMI Audio for the Purchase and Installation of a Sound System at
the Heritage Center
n.Brookshire 3rd Addition Final Plat
o.Ritter Meadows Amendment to Development Contract
7.Action Items
a.Kenyon Green Preliminary Plat
Mike Waldo with Ron Clark Construction applied for a preliminary plat and zoning map
amendment to rezone the property to PUD, Planned Unit Development District, and
PUD Development Stage plan to allow the development of a 49-unit workforce rental
apartment building and 15 attached market-rate rental townhome dwelling units on 6.49
acres to be known as Kenyon Green. The Kenyon Green preliminary plat is bound by
two arterial roadways and is located west of Interstate 35, north of 185th Street (CSAH
60), and south of Kenyon Avenue.
Community Development Director Tina Goodroad presented the staff report. Goodroad
explained that the subject property poses unique challenges due to the shape, natural
environment protection areas (wetland), double-fronted property characteristics abutting
a major collector and arterial roadways, and limitations on-site access due to the curve
of Kenyon Avenue. The physical and environmental characteristics of the property
result in the development necessitating additional flexibility of development zoning
regulations offered by a PUD with the underlying zoning of the O-R District. A plan
review letter was received from MnDOT with no objections to the proposed
development. We also received confirmation that the side yard abutting I-35 is not
MnDOT right-of-way, therefore the east side yard buffer setback deviation is no longer
required. The Planning Commission recommended approval following a 4-2 vote.
Following the Planning Commission meeting, the developer submitted a revised
preliminary plat and landscape plan to address stipulation seven of the planning report,
which requires the common area Outlot A to be amended to Lot 2, and stipulation six,
which requires an increase in buffer yard perimeter landscaping.
Jan Lebens, 18569 Knollwood Circle, She live South of proposed development. No
concerns with the townhome of the plan. Expressed concern for apartment building
Page 6 of 181
City Council Meeting Minutes
June 17, 2024
Page 3
proposal. She feels it is a deviation of the plan around the neighborhood. She shared her
sadness for the removal of trees in this area.
Council discussed the deviations of the site, and noted that three of them were minor
deviations. The Council agreed it fits the goals for this area.
Attorney recommended that a requirement be added that a homeowners association and
maintenance covenants be established and recorded prior to the sale of any lot within
Block 2.
Motion was made by Lee, seconded by Volk, to approve the amended resolution
approving the Kenyon Green preliminary plat, and an ordinance rezoning the property
from O-R, Office/Residential Transition District to PUD Planned Unit Development.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk
Nay- Wolter
8.Unfinished Business
9.New Business
a.Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details
and Providing for the Payment of $21,530,000 General Obligation Bonds, Series
2024A
Jessica Green, Northland Securities, presented the Issuance Award of Sale for General
Obligation Bonds. Passage of this resolution will result in the financing of the following
projects:
#24-02- 2024 Street Reconstruction Project; #24-03- Collector Rehabilitation; Park
Referendum Projects. The debt will be repaid with property taxes and special
assessments.
Moody's Investors Service affirmed the City's Aaa bond rating.
Motion was made by Bermel, seconded by Wolter, to approve the resolution authorizing
the issuance, awarding sale, prescribing the form and details, and providing for the
payment of $21,530,000 General Obligations Bonds, Series 2024A.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
b.Acknowledge Receipt of Lakeville Annual Comprehensive Financial Report for the
Year Ended December 31, 2023
Chris Knopik, with CliftonLarsonAllen, LLC, presented the Annual Comprehensive
Report (ACFR) for the Year Ended December 31, 2023. CliftonLarsonAllen, LLP
(CLA) audited the financial report. In their opinion, the financial statements, as
presented, represent the financial position of the City of Lakeville as of December 31,
2023, and the results of operations for the year ended.
Finance Director Julie Stahl shared that the City was awarded the GFOA Certificate for
Excellence in Financial Reporting for the 35th consecutive year.
Page 7 of 181
City Council Meeting Minutes
June 17, 2024
Page 4
Motion was made by Wolter, seconded by Volk, to acknowledge receipt of City of
Lakeville Annual Comprehensive Financial Report for the Year Ended December 31,
2023.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
10.Announcements
a.Next Work Session June 24, 2024
b.Next Regular City Council Meeting July 1, 2024
11.Adjourn
Motion was made by Lee, seconded by Volk, to adjourn at 7:16 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 8 of 181
Date: 7/1/2024
Resolution Approving Extension of Professional Services Agreement With Brent Richter
Consulting, LLC and Sonya Eastham Consulting, LLC
Proposed Action
Staff recommends adoption of the following motion: Move to approve extending a Professional
Services Agreement with Brent Richter Consulting, LLC and Sonya Eastham Consulting, LLC.
Overview
Passage of this motion will result in extended agreements with Brent Richter Consulting and
Sonya Eastham Consulting for the Police Department Wellness Program. Staff will have access
to vital services for counseling, consulting, training, and psychological care.
Public Safety exposes employees to trauma. Caring for employees, by providing vital services,
will result in a healthier workforce.
The providers have the required training to provide trauma-based care to employees.
This agreement was originally entered into on December 07, 2020. The original contracts have
been amended and terminate on December 31, 2024.
Supporting Information
1. DOCS-#230941-v1-
SECOND_AMENDMENT_TO_PROFESSIONAL_SERVICES_AGREEMENT_RICHTER_
signed
2. DOCS-#230940-v2-
SECOND_AMENDMENT_TO_PROFESSIONAL_SERVICES_AGREEMENT_EASTHAM
Financial Impact: $15,500 Budgeted: Yes Source: Operating Budget
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Brad Paulson, Police Chief
Page 9 of 181
CITY OF LAKEVILLE
RESOLUTION NO._________
RESOLUTION APPROVING EXTENSION OF PROFESSIONAL SERVICES
AGREEMENT WITH BRENT RICHTER CONSULTING, LLC AND SONYA
EASTHAM CONSULTING, LLC
WHEREAS, the City of Lakeville, on behalf of its Police Department, desires to extend a
Professional Services Agreement with Brent Richter Consulting, LLC and Sonya Eastham
Consulting, LLC for counseling, consulting, training, and psychological care; and
WHEREAS, public safety exposes employees to trauma. The Lakeville Police Department
believes caring for employees, by providing vital services, will result in a healthier workforce;
and
WHEREAS, the providers have the required training to provide trauma-based care to
employees.
NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville is authorized to extend
Professional Services Agreements with Brent Richter Consulting, LLC and Sonya Eastham
Consulting, LLC, extending the Agreements to terminate on December 31, 2024.
ADOPTED by the Lakeville City Council on this 1st day of July 2024.
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
_________________________
Ann Orlofsky, City Clerk
Page 10 of 181
1
230941v1
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
made this _______ day of ___________________, 2024 (“Second Amendment”), by and between
the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and BRENT
RICHTER CONSULTING, LLC, a Minnesota limited liability company ("Consultant").
RECITALS
A. The parties entered into a Professional Services Agreement for professional wellness
services dated December 7, 2020 (“Original Agreement”), amended by Amendment to Professional
Services Agreement dated October 3, 2022 (“First Amendment”) (collectively, the “Original
Agreement” and “First Amendment” are referred to herein a “Agreement”);
B. The parties desire to extend the term of the Agreement and expand the services to
include clinical director services.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS:
1. Amendment to Paragraph 1. Paragraph 1 of the Agreement is amended to read as
follows:
1. SCOPE OF SERVICES. The City retains Consultant to act as its clinical director
and to provide professional wellness services to City police department employees in
accordance with City policies and the Scope of Services attached hereto as Exhibit A.
Similar professional wellness services will be provided by a Sonya Eastham Consulting,
LLC (“Eastham Consulting”). Consultant will meet with City police department employees
as designated by the City annually for a one-hour session. Consultant will provide a limited
number of additional follow-up sessions for employee work-related issues up to a maximum
of 2 additional visits per employee. The City will coordinate with Consultant and Eastham
Consulting in the allocation of the visits. Consultant’s services will be provided at
Consultant’s office located at 3820 Cleveland Avenue N., Suite 400, Arden Hills, MN
55112 or 3470 Washington Dr., Suite 109, Eagan, MN 55122.
2. Amendment to Paragraph 20 of the Agreement. Paragraph 20 of the Agreement is
amended to read as follows:
20. TERM. This Agreement shall terminate on December 31, 2024.
3. Effect of Agreement. Except as specifically amended by this Second Amendment, the
Agreement shall remain in full force and effect.
Page 11 of 181
2
230941v1
CITY OF LAKEVILLE
BY: _______________________________________
Luke M. Hellier, Mayor
AND
Anne Orlofsky, City Clerk
BRENT RICHTER CONSULTING, LLC
BY:
Brent Richter, Chief Executive Manager
Page 12 of 181
1
230940v2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
made this _______ day of ___________________, 2024 (“Second Amendment”), by and between
the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and SONYA
EASTHAM CONSULTING, LLC, a Minnesota limited liability company ("Consultant").
RECITALS
A. The parties entered into a Professional Services Agreement for professional wellness
services dated December 7, 2020 (“Original Agreement”), amended by Amendment to Professional
Services Agreement dated __________, 2022 (“First Amendment”) (collectively, the “Original
Agreement” and “First Amendment” are referred to herein a “Agreement”);
B. The parties desire to extend the term of the Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS:
1. Amendment to Paragraph 1. Paragraph 1 of the Agreement is amended to read as
follows:
1. SCOPE OF SERVICES. The City retains Consultant to provide professional
wellness services to City police department employees in accordance with City policies and
the Scope of Services attached hereto as Exhibit A. Similar professional wellness services
will be provided by a Brent Richter Consulting, LLC (“Richter Consulting”). Consultant
will meet with City police department employees as designated by the City annually for a
one-hour session. Consultant will provide a limited number of additional follow-up sessions
for employee work-related issues up to a maximum of 2 additional visits per employee. The
City will coordinate with Consultant and Richter Consulting in the allocation of the visits.
Consultant’s services will be provided at Consultant’s office located at 3470 Washington
Dr., Suite 216, Eagan, MN 55122.
2. Amendment to Paragraph 20 of the Agreement. Paragraph 20 of the Agreement is
amended to read as follows:
20. TERM. This Agreement shall terminate on December 31, 2024.
3. Effect of Agreement. Except as specifically amended by this Second Amendment, the
Agreement shall remain in full force and effect.
Page 13 of 181
2
230940v2
CITY OF LAKEVILLE
BY: _______________________________________
Luke M. Hellier, Mayor
AND
Anne Orlofsky, City Clerk
SONYA EASTHAM CONSULTING, LLC
BY:
Sonya Eastham, Chief Executive Manager
Page 14 of 181
Date: 7/1/2024
Lakeville Police Department 2024 Final Body Worn Camera (BWC) Audit Report
Proposed Action
Staff recommends adoption of the following motion: Move to review and accept the Lakeville
Police Department's 2024 BWC Audit Report
Overview
In compliance with MN State Statutes 13.825 and 626.5473, we have recently conducted our
biennial audit of our Body Worn Camera (BWC) program. The audit was performed by Lynn
Lembcke Consulting on April 9, 2024. There were no issues or discrepancies noted. We are
required to notify the following Commissions and Committees and provide copies of the audit,
which was completed on June 18, 2024.
-MN Legislative Commission on Data Practices and Personal Data Privacy
-MN House Judiciary Finance & Civil Law Committee
-MN House Public Safety Finance & Policy Committee
-MN Senate Judiciary & Public Safety Committee
We are required to submit the report to our City Council, which is the purpose of this
Report. The audit is attached for your review. No further action is required by the Council.
Supporting Information
1. 2024 BWC Audit Report - Lakeville PD
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: Safety throughout the Community
Report Completed by: Brad Paulson, Chief of Police
Page 15 of 181
INDEPENDENT AUDIT REPORT
Chief Bradley Paulson
Lakeville Police Department
9237 183rd St. W.
Lakeville, MN 55044
Dear Chief Paulson:
An independent audit of the Lakeville Police Department’s Portable Recording System (body-worn
cameras (BWCs)) was conducted on April 9, 2024. The objective of the audit was to verify
Lakeville Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473.
Data elements the audit includes:
Minnesota Statute §13.825
• Data Classification
• Retention of Data
• Access by Data Subjects
• Inventory of Portable Recording System Technology
• Use of Agency-Issued Portable Recording Systems
• Authorization to Access Data
• Sharing Among Agencies
Minnesota Statute §626.8473
• Public Comment
• Body-worn Camera Policy
The Lakeville Police Department is located in Dakota County, Minnesota and employs sixty-five
(65) peace officers. The Lakeville Police Department utilizes Axon body-worn cameras and utilizes
Evidence.com cloud-based evidence management storage. The audit covers the time period
February 1, 2022, through February 12, 2024.
Audit Requirement: Data Classification
Determine if the data collected by BWCs are appropriately classified.
Lakeville Police Department BWC data is presumptively private. All data collected during the
audit period is classified as private or non-public data. The Lakeville Police Department had no
incidents of the discharge of a firearm by a peace officer, use of force that resulted in substantial
bodily harm, requests from data subjects for the data to be made accessible to the public, or court
orders directing the agency to release the BWC data to the public.
No discrepancies noted.
Page 16 of 181
Audit Requirement: Retention of Data
Determine if the data collected by BWC’s are appropriately retained and destroyed in accordance
with statutes.
The Lakeville Police Department utilizes the General Records Retention Schedule for Minnesota
Cities and agency specified retention periods in Evidence.com. At the conclusion of a BWC
recording, officers assign meta data, including an Evidence.com category, to the recording. Each
Evidence.com category has an associated retention period. Upon reaching its retention date,
evidence is systematically deleted. Deletion of the data is captured in the audit trail.
A report was produced from Evidence.com of all BWC data collected during the audit period.
Records from the Evidence Created Report were reviewed, and the date and time the data was
created was verified against the deletion date. All records were deleted or maintained in accordance
with the record retention. Randomly selected records from the Evidence Created Report were
compared to audit trail reports, and each record was deleted or maintained in accordance with the
record retention.
The Lakeville Police Department had received a request from a data subject to retain BWC data
beyond the applicable retention period. The BWC data was retained for an additional one hundred
eighty (180) days in accordance with Statute.
Police Sergeants and Administrative Services monitor proper categorization of BWC data to ensure
data are appropriately retained and destroyed.
No discrepancies noted.
Audit Requirement: Access by Data Subjects
Determine if individuals who are the subject of collected data have access to the data, and if the
data subject requests a copy of the data, other individuals who do not consent to its release are
redacted.
BWC data is available to data subjects and access may be requested by submission of a Lakeville
Police Department Data Request Form. During the audit period, the Lakeville Police Department
had received no requests to view BWC data but did receive and fulfill requests for copies of BWC
video from data subjects. Data subjects who had not consented to release of the date were redacted.
A copy of the redacted video is stored in Evidence.com along with the original copy. Request
forms are maintained in the records management system and a notation is added to the case notes.
No discrepancies noted.
Audit Requirement: Inventory of Portable Recording System Technology
Determine the total number of recording devices owned and maintained by the agency; a daily
record of the total number of recording devices actually deployed and used by officers, the policies
Page 17 of 181
and procedures for use of portable recording systems by required by section 626.8473; and the
total amount of recorded audio and video collected by the portable recording system and
maintained by the agency, the agency’s retention schedule for the data, the agency’s procedures for
destruction of the data, and that the data are available to the public.
Lakeville Police Department’s BWC inventory consists of eighty-three (83) devices. An inventory
report produced from Evidence.com detailed the number of recording devices owned and
maintained by the agency. The inventory included the device model, serial number, device name,
the officer assigned to the device, date of last upload, device status, error status, firmware version,
and warranty date.
The Lakeville Police Department BWC policy governs the use of portable recording systems by
peace officers while in the performance of their duties. The Department’s BWC policy requires
officers to ensure the BWC is in good working order and operational at the start of their shift.
Peace officers noting a malfunction during testing, or at any other time, are required to promptly
report the malfunction to their supervisor and obtain a functioning device as soon as reasonably
practicable.
Peace officers were trained on the use of BWCs, policy, and statute during implementation. Newly
hired officers are trained as part of their field training program.
An Evidence Created Report was produced from Evidence.com for all BWC data collected during
the audit period. Officers working on randomly selected dates, and randomly selected calls for
service, were verified against Evidence.com and the Evidence Created Report and confirmed that
BWC’s are being deployed and officers are wearing and activating their BWCs. A review of the
total number of BWC videos created per quarter and a comparison to calls for service shows a
consistent collection of BWC data.
Evidence.com queries and the Evidence Created Report detail the total amount of BWC data
created, stored/maintained, and deleted.
The Lakeville Police Department utilizes the General Records Retention Schedule for Minnesota
Cities and agency specified retention periods in Evidence.com. BWC video is fully deleted from
Evidence.com upon reaching its scheduled deletion date. Meta data and audit trails are maintained
in Evidence.com after deletion of BWC video and audio. BWC data is available upon request, and
access may be requested by submission of a Lakeville Police Department Data Request Form.
No discrepancies noted.
Audit Requirement: Use of Agency-Issued Portable Recording Systems
Determine if peace officers are only allowed to use portable recording systems issued and
maintained by the officer’s agency.
The Lakeville Police Department’s BWC policy states that law enforcement officers are prohibited
Page 18 of 181
from using personally owned recording devices while on-duty except in case of emergency.
No discrepancies noted.
Audit Requirement: Authorization to Access Data
Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation of
portable recording systems and in maintaining portable recording system data.
Sergeants and Administrative Services review meta data assigned to BWC data to ensure accuracy.
Sergeants conduct quarterly reviews of BWC videos to ensure BWCs are being utilized in
compliance with policy.
Nonpublic BWC data is only available to persons whose work assignment reasonably requires
access to the data. User access to BWC data is managed by the assignment of roles and permissions
in Evidence.com. Permissions are based on staff work assignments. Access to Evidence.com is
password protected and requires dual authentication.
The agency’s BWC policy governs access to BWC data. Lakeville Police Department personnel
may only access BWC data in compliance with policy and the Minnesota Data Practices Act.
Access to BWC data is captured in the audit trail. The BWC policy states that any officer who
accesses or releases recordings without authorization or misuses recorded media for other than
official law enforcement purposes may be subject to discipline.
When BWC data is deleted from Evidence.com, its contents cannot be determined. The Lakeville
Police Department has had no security breaches. A BCA CJIS security audit was conducted in
March of 2023.
No discrepancies noted.
Audit Requirement: Sharing Among Agencies
Determine if nonpublic BWC data is shared with other law enforcement agencies, government
entities, or federal agencies.
The Lakeville Police Department’s BWC policy governs the sharing of BWC data. BWC data may
be shared with criminal justice agencies in compliance with policy and in accordance with the
Minnesota Data Practices Act. Law enforcement agencies seeking access to BWC data submit a
written request. BWC data is shared via secure electronic sharing within Evidence.com. Sharing of
BWC data is captured in the audit trail. An Evidence.com Evidence Sharing Audit Report and the
records management system Case Notes provide documentation of shared data.
No discrepancies noted.
Page 19 of 181
Audit Requirement: Biennial Audit
Determine if the agency maintains records showing the date and time the portable recording system
data were collected, the applicable classification of the data, how the data are used, and whether
data are destroyed as required.
Evidence.com and the Evidence.com Evidence Created Report document the date and time portable
recording system data were collected and deleted per retention. All BWC data collected during the
audit period is classified as private or non-public data. The Evidence.com Sharing Audit Report,
Audit Trails, the Post Notes field within Evidence.com, and the records management system Case
Notes document how the data are used. The audit trail is maintained in Evidence.com after deletion
of BWC video. The Evidence.com audit trail documents each and every action taken from the
creation of the recording to its deletion, as well as access of the audit trail after BWC data has been
deleted.
No discrepancies noted.
Audit Requirement: Portable Recording System Vendor
Determine if portable recording system data stored in the cloud, is stored in accordance with
security requirements of the United States Federal Bureau of Investigation Criminal Justice
Information Services Division Security Policy 5.4 or its successor version.
An Axon CJIS Compliance White paper outlines the specific security policies and practices for
Evidence.com and how they are compliant with the CJIS Security Policy. Axon has signed the
CJIS Security Addendum in all states and has performed statewide CJIS-related vendor
requirements in Minnesota. Axon has incorporated the CJIS Security Addendum by reference into
the Axon Master Services and Purchase Agreement. Axon maintains signed CJIS Security
Addendum certification pages for Axon personnel. Authorized Axon personnel are required to
complete Level 4 CJIS Security Training upon assignment and biennially thereafter.
No discrepancies noted.
Audit Requirement: Public Comment
Determine if the law enforcement agency provided an opportunity for public comment before it
purchased or implemented a portable recording system and if the governing body with jurisdiction
over the budget of the law enforcement agency provided an opportunity for public comment at a
regularly scheduled meeting.
The City of Lakeville held community meetings to solicit for public comment. The Lakeville City
Council held a public hearing at their July 15, 2019, meeting and approved the BWC policy and
purchase of a body worn camera system. The body worn camera system was implemented October
1, 2019.
No discrepancies noted.
Page 20 of 181
Audit Requirement: Body-worn Camera Policy
Determine if a written policy governing the use of portable recording systems has been established
and is enforced.
The Lakeville Police Department has established and enforces a BWC policy. The policy was
compared to the requirements of Minn. Stat. § 626.8473. The agency’s policy includes all
minimum requirements of Minn. Stat. § 626.8473, Subd. 3. The BWC policy is posted on the
agency’s website.
No discrepancies noted.
This report was prepared exclusively for the City of Lakeville and Lakeville Police Department by
Lynn Lembcke Consulting. The findings in this report are impartial and based on information and
documentation provided and examined.
Dated: June 17, 2024 Lynn Lembcke Consulting
______________________________________
Lynn Lembcke
Page 21 of 181
Date: 7/1/2024
Change Order No. 6 for the 2024 Miscellaneuos Roadway Repairs Project, CIP24-01
Proposed Action
Staff recommends adoption of the following motion: Move to approve Change Order No.6 for
the 2024 Miscellaneous Roadway Repairs Project, CIP 24-01
Overview
The Rose Creek subdivision was developed in 2015. A temporary sanitary sewer lift station (Lift
Station No. 25) was required to provide sanitary sewer service to the homes within the
development. The recently completed Caslano development will now provide gravity sewer
service for all sewage flowing into the lift station. Lift Station No. 25 is no longer needed to
provide sanitary sewer service to the Rose Creek development. City staff have prepared a plan to
abandon Lift Station No. 25. The abandonment will include the removal of pumps, valves, a
control panel, and filling structures and piping with sand and concrete. The control panel is in
good condition and will be salvaged to replace an outdated control panel at Lift Station No. 21.
City staff solicited quotations from two contractors. Northwest Asphalt submitted the lower
quotation in the amount of $33,975.00. McNamara Contracting submitted a quotation in the
amount of $39,825.00. The abandonment of Lift Station No. 25 will be funded by a combination
of sanitary sewer trunk funds and sanitary sewer improvement funds from the 2024
Miscellaneous Roadway Repair Project by this change order. Staff recommends the approval of
Change Order No. 6 for the 2024 Miscellaneous Roadway Repairs Project.
Supporting Information
1. Change Order 6 Signed
Financial Impact: $33,975 Budgeted: Yes Source: Sanitary Sewer Operating
Fund/Sanitary Sewer Trunk Fund
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Steve Grossman, Utilities Supervisor
Page 22 of 181
Page 23 of 181
Page 24 of 181
Date: 7/1/2024
Heritage Liquor Store Market Study
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract with the
Shenehon Company to complete a Heritage Liquor Store market study.
Overview
A request for proposals for a market study was forwarded to six market/financial analysis firms
in May. Many of the firms indicated they were not familiar enough with municipal liquor
operations or not qualified to complete a market study. However, the City did receive a proposal
from Shenehon Companies, a very well-known company that has completed similar studies for
various cities and retailers throughout the metro area, including Lakeville Liquors.
The proposal from Shenehon includes evaluating the Heritage Liquor Store's current location
including, optimal square footage, the best location for the store in correlation to the other three
stores, comparative analysis between owning and leasing space, as well as the advantages and
disadvantages of operating as a standalone store versus being within a multi-tenant retail
building.
The Liquor Committee at their April 9th meeting discussed this market study and recommended
moving forward with requests for proposals. The fee to complete the study is proposed not to
exceed $50,000.
Supporting Information
1. Lakeville Municipal Liquors RFP Updated
2. PROFESSIONAL_MARKET_STUDY_SHENEHON
Financial Impact: $50,000 Budgeted: Yes Source: Liquor Operations Fund
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Tana L. Wold, Liquor Operations Director
Page 25 of 181
CITY OF LAKEVILLE
RESOLUTION NO._________
HERITAGE LIQUOR STORE MARKET STUDY
Whereas, the City of Lakeville received bids on Friday, May 31, 2024, at 4:30 p.m. for the 2024
Heritage Store Market Study; and
Whereas, the bid with the best value in terms of price-to-quality ratio was from the Shenehon
Company.
Now, Therefore, Be it Resolved that the City Council of the City of Lakeville, Minnesota,
hereby awards the contract to the bid with the best value that meets all the bid requirements,
Shenehon Company, with a bid in the amount of $50,000. The market study is proposed to be
completed as specified in the contract documents.
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
_________________________
Ann Orlofsky, City Clerk
Page 26 of 181
Member of the American Business Appraisers Network • EEO/Affirmative Action Employer
June 14, 2024
Ms. Tana L. Wold
Liquor Operations Director
City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
Dear Ms. Wold,
Thank you for the opportunity to respond to the request for qualifications for a municipal liquor
store market analysis study. Shenehon Company has the experience and capacity to complete an
assignment of this type. We are a multi-disciplinary valuation firm that has experience
evaluating the real estate and business of this particular business. We are accustomed to making
sales projections, studies about market share, and methods to maximize profitability in a liquor
store. The type, size, and location of a liquor store are market considerations that we regularly
evaluate, and determining the highest and best use of the land (multi-tenant or single tenant) is
part of our standard analyses. Finally, a lease versus own analysis is a typical question that our
clients often ask us to address.
Enclosed in this qualification package is a firm overview, a list of prior experience and
qualifications, the qualifications for key personnel, references, and our acknowledgement of the
scope of services required for this assignment. Our valuation and market analysis services will
meet USPAP guidelines and Internal Revenue Service Revenue Ruling 59-60.
Enclosures:
Shenehon Company profile
List of prior experience and qualifications
Qualifications of appraisers
References
Scope of services
Fee estimate
Page 27 of 181
Ms. Tana L. Wold
Page 2
June 14, 2024
Shenehon Company Profile:
Name: Shenehon Company
88 South 10th Street
Suite 400
Minneapolis, MN 55403
Contact Information: Robert J. Strachota
value@shenehon.com
Phone: 612.333.6533
Fax: 612.344.1635
Category of Service: Market Study of Business and Real Estate
DESCRIPTION OF FIRM
Shenehon Company is a real estate and business valuation firm serving both the public and
private sectors throughout the United States, although our geographic concentration is the Upper
Midwest. We have worked in over 40 states and are qualified to work in any state. If a property
is in a state where we are not permanently licensed, we can secure a temporary license to
appraise in that state. Shenehon Company is dedicated to providing its clients with quality
market studies and valuations prepared by knowledgeable appraisers and analysts. Staff
members incorporate extensive and ongoing education with practical experience performing a
wide variety of real estate and business valuation matters.
TECHNICAL QUALIFICATIONS
Many of our appraisers hold professional designations that are highly regarded in the evaluation
industry. Our professionals are also active members of various boards and trade associations.
Our senior staff serve as review appraisers, arbitrators, mediators, commissioners, special
magistrates, and lecturers. Over the years, we have published articles in local and national trade
journals serving both the real estate and business industries.
SPECIAL QUALIFICATIONS
Shenehon has conducted liquor operations studies for different cities which include Brooklyn
Cetner, Edina, Lakeville and Eden Prairie. In particular, Shenehon has previously performed
two such studies for the City of Lakeville. Shenehon professionals have testified for many
purposes, such as feasibility and market studies, special assessment appeals, corporate breakups,
bankruptcies, recapitalizations, and the like. We have represented clients in state and federal
courts, as well as arbitration panels and public service commissions. Reports prepared for
dispute resolution comprise a significant portion of our practice. Our methods are recognized
and respected, and our analyses are relied upon by both the public and private sectors.
Page 28 of 181
Ms. Tana L. Wold
Page 3
June 14, 2024
Some of Our Prior Experience and Qualifications:
Subject Business Appraisal/Analysis Date
Cameron's Warehouse Liquors 2008-2012
Lakeville Municipal Liquor 2011
Hum's Liquor Store 2013
Star Liquors 2016
Brooklyn Center Municipal Liquors 2018
Lakeville Municipal Liquor 2019
Bellboy Liquor Corporation 2019, 2021
As seen in the list above, we previously provided economic impact studies for the City of
Lakeville regarding their municipal liquor locations and operations. This work was done in 2011
and 2019 and our main point of contact in 2019 was Mr. Allyn Kuennen, whose contact
information is included in our list of references.
Qualification Statements of the Appraisers:
The following professionals are available to complete the market analysis study assignment.
Each member of the project team has completed a wide range of valuation assignments for a
variety of entities and businesses. Robert Strachota is our lead representative.
Robert J. Strachota, MAI, CRE®, MCBA, FIBA
President
Certified General Appraiser
Bob, president and shareholder of Shenehon Company, is a nationally recognized leader in the real
estate and business valuation industries. He is highly respected by those seeking professional
opinions of value, such as individual property owners, investors, government agencies,
corporations, lenders, and courts. Bob holds both the MAI and MCBA designations, the highest
professional designation in each industry. During his 40+ years of valuation experience, Bob has
completed thousands of market studies and appraisals for a wide variety of complex commercial
real estate and business properties. Unusual assignments include valuing mining interests,
conservation easements, and medical device companies. Bob also regularly advises clients on
development matters, feasibility issues, and purchase decisions. Bob is an acclaimed expert
witness in federal, state, and district courts, as well as commission hearings and mediations.
Litigators rely on his depth of experience, understanding of valuation issues, and knowledge of real
estate and financial markets. Bob is frequently invited to speak at valuation seminars and is
published in local and national trade journals.
Page 29 of 181
Ms. Tana L. Wold
Page 4
June 14, 2024
Christopher J. Stockness
Vice President/Managing Director
Certified General Appraiser
Chris is managing director of the real estate division at Shenehon Company. An experienced
appraiser, he has valued a wide range of commercial and industrial properties, complex
investment portfolios, and ground leases. Over the last few years, Chris has expanded his service
area, preparing appraisals for individuals, government agencies, and national lending institutions
across the United States and internationally. Clients rely on Chris to appraise residential
developments, determine project feasibility, and provide analyses of real estate investment
opportunities. Chris has appraised a wide variety of conservation easements and is a nationally-
recognized expert in the area. Chris also offers expert testimony, appraisal review, and
consulting services. He is currently pursuing the MAI designation through the Appraisal
Institute.
Thomas J. Bauer
Business Valuation Analyst
Tom is a business valuation analyst preparing analyses in the valuations of both operating and
holding companies. He is one of the few analysts with expertise in tax increment financing
(TIF). Tom is highly skilled at organizing valuation projects for clients with complex portfolio
holdings including multiple layers of entities and real estate holdings. His work experience
includes completing business and real estate valuations in a wide variety of industries and
property types, valuing non-controlling interests, and applying lack of control and marketability
discounts to various types of interests.
References:
Martin Bell
Wholesale Liquor Operator
2220 Florida Avenue South
St. Louis Park, MN 55426
952.582.8818
John Cameron
Liquor Store Owner
33 South Sixth Street, Suite 4100
Minneapolis, MN 55402
612.341.0394
Allyn Kuennen
Assistant City Administrator
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
952.985.4402
Scott Neal
City Manager of Edina
City of Edina Liquor Store
4801 West 50th Street
Edina, MN 55424
952.927.8861
Page 30 of 181
Ms. Tana L. Wold
Page 5
June 14, 2024
Daniel Beirsdorf
Attorney for Liquor Store Owner
Biersdorf & Associates, P.A.
150 South Fifth Street, Suite 3100
Minneapolis, MN 55402
612.339.7242
Nathan Reinhardt
Finance Director
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
763.569.3345
Scope of Services:
Prior to commencing an analysis, we will identify the valuation problems to be solved and
determine the appropriate scope of work to produce credible assignment results. Scope of work
is the type and extent of research and analysis for the assignment. Determining the scope of
work is an ongoing process in an assignment. Information or conditions discovered during the
course of an assignment might cause the analyst to reconsider the scope of work. The analysis
will comply with the requirements and guidelines of the Uniform Standards of Professional
Appraisal Practice (USPAP) guidelines and Internal Revenue Service Revenue Ruling 59-60.
The scope of work for this assignment will include the following, as you have described:
Market Analysis for the Expansion or Relocation of the Heritage Store
Study for Optimized Location, Size, and Timing of Construction
Study of Potential Impacts to Stores
Estimation of Sales Revenue for Three Years Per Location
SWOT Analysis of Each Location to Optimize Operations
o Is the current location of the Heritage store optimal?
o If not, where is the best location for the store in correlation to the other
three stores?
o What is the optimal square footage for the Heritage store?
The evaluation should encompass a comparative analysis between owning and
leasing space, as well as the advantages and disadvantages of operating as a
standalone store versus begin within a multi-tenant retail building.
Highest and Best Use Analysis of Optimal Site (Standalone vs. Multi-Tenant)
The study will delve into demographic trends, population density, and economic
indicators within the surrounding area to gauge their impact on operational
performance.
Page 31 of 181
Ms. Tana Wold
Page 6
June 14, 2024
Fee Estimate:
Our fee for this engagement is not contingent upon any predetermined appraised value or the
results of our services. Rather, our fee will be based on our hourly rates. Our estimated fee for
these services will not exceed $48,500 based upon the information you have provided. Note this
is an estimated fee, and our actual fee may differ. In the event we encounter unusual
circumstances that would require us to expand the scope of the engagement or if we anticipate
our fee will significantly exceed the estimated amount, we will advise you accordingly before
expending the time. An electronic copy of the appraisal report and two (2) hard copies will be
provided. We will also make two (2) presentations of the final report for an additional $750
each.
Thank you for taking the time to review our response. We look forward to hearing from you in
the very near future.
Feel free to contact me at 612.333.6533 for additional information.
Sincerely,
SHENEHON COMPANY
Robert J. Strachota, MAI, MCBA, CRE ®
President
Minnesota License No. 4000882
Certified General Appraiser
/mlg
Page 32 of 181
231371v1
2024 AGREEMENT FOR PROFESSIONAL SERVICES
WITH SHENEHON COMPANY
AGREEMENT made this 1st day of July 2024, by the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and SHENEHON & ASSOCIATES, INC.,
d.b.a. SHENEHON COMPANY, a Minnesota corporation (“Consultant”).
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.City of Lakeville, Request for Proposals, Liquor Operations Market
Study, dated May 1, 2024
C.Consultant’s Proposal dated June 14, 2024
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 “C” has the last priority.
Consultant shall be responsible for providing the professional services as described in
the Contract Documents.
2.TERM. Consultant’s services shall commence immediately upon receipt of
written notice to proceed from the City. Work will occur in accordance with the Contract
Documents, with a final market study completed by September 30, 2024.
3.FEES AND PAYMENT. The Consultant’s fee for the services provided under
the Contract Documents shall be based on its hourly rates, but shall not exceed $48,500,
except that the City may request up to 2 presentations of the study at a cost of an
additional $750 per presentation. The fees are inclusive of all costs and taxes, if any
including non-salary expenses. Payment for completed services shall be due within 35
days after invoicing by Consultant.
4.STANDARD OF CARE. The Consultant shall exercise the same degree of
care, skill, and diligence in the performance of the services under the Contract Documents
as is ordinarily possessed and exercised by members of Consultant’s profession
practicing under similar conditions. The City shall not be responsible for discovering
deficiencies in the accuracy of Consultant’s services.
5.INSPECTION/REMEDY.
A.Services shall be subject to inspection by the City.
B.Defective work shall be removed and replaced, or satisfactorily corrected.
Page 33 of 181
231371v1
6. UNAUTHORIZED WORK. Additional work performed without authorization
through a written amendment of this Agreement will not entitle Consultant to an increase
in the amount paid to Consultant or an extension of the term of this Agreement.
7. CITY RESPONSIBILITY. At the Consultant’s reasonable request, the City
shall provide to the Consultant all reports, data, studies, plans, specifications, documents,
and other information in its possession which are relevant to the services. The Consultant
shall be responsible only for the accuracy of the data, interpretations or recommendations
generated or made by others, which are based, in whole or in part, on the Consultant’s
data, interpretations or recommendations.
8. INDEMNIFICATION. To the fullest extent permitted by law, Consultant
agrees to defend, indemnify and hold harmless the City and their employees, officials,
and agents from and against all claims, suits, demands, judgments, costs, interest,
expenses, actions, damages, losses and expenses, including reasonable attorney fees,
arising out of Consultant’s performance of its obligations under this Agreement, caused
in whole or in part by any negligent act or omission of the Consultant. Consultant’s
indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly
employed or hired by Consultant, or anyone for whose acts Consultant may be liable.
Consultant agrees this indemnity obligation shall survive the completion or termination of
this Agreement.
9. INSURANCE. Prior to the start of the project, Consultant shall furnish to
the City and the County a certificate of insurance showing proof of the required insurance
required under this Paragraph. The minimum amounts of insurance shall be as follows:
Commercial General Liability $1,000,000 each occurrence/aggregate
Professional Liability $1,000,000 each claim
Automobile Liability $1,000,000 combined single limit (CSL)
The Consultant’s insurance must be “Primary and Non-Contributory”. All insurance
policies required by this Agreement 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 as an additional insured by endorsement which shall be filed with the City and
County.
Consultant’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
Consultant’s policy limits on a follow-form basis to satisfy the full policy limits required by
this Agreement.
Page 34 of 181
231371v1
10. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. 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.
11. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Agreement
requires, or the Consultant desires, the use of any design, devise, material or process
covered by letters, patent or copyright, trademark or trade name, the Consultant 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 City. If no such agreement is made or filed as
noted, the Consultant shall indemnify and hold harmless the City 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 services
agreed to be performed under the Agreement, and shall indemnify and defend the City
for any costs, liability, expenses and attorney's fees that result from any such
infringement.
12. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations
pertaining to the provisions of services to be provided.
13. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement.
Consultant is not an employee of the City and is free to contract with other entities as
provided herein. Consultant shall be responsible for selecting the means and methods
of performing the work. Consultant shall furnish any and all supplies, equipment, and
incidentals necessary for Consultant’s performance under this Agreement. City and
Consultant agree that Consultant shall not at any time or in any manner represent that
Consultant or any of Consultant’s agents or employees are in any manner agents or
employees of the City. Consultant shall be exclusively responsible under this Agreement
for Consultant’s own FICA payments, workers compensation payments, unemployment
compensation payments, withholding amounts, and/or self -employment taxes if any such
payments, amounts, or taxes are required to be paid by law or regulation.
14. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by this Agreement, and the rights and
remedies available there under shall be in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
B. No action, or failure to act, by the City or the Consultant shall constitute a
waiver of any right or duty afforded any of them under the Agreement, nor shall any such
action or failure to act constitute an approval of, or acquiescence in, any breach t here
under, except as may be specifically agreed in writing.
Page 35 of 181
231371v1
15. GOVERNING LAW AND VENUE. This Agreement is governed by and shall
be construed according to the laws of Minnesota. Venue for all legal proceedings arising
out of this Agreement or its breach, must be with the appropriate state court with
competent jurisdiction in Dakota County.
16. NOTICES. All notices and communications to the Consultant under this
Agreement shall be to 88 South 10th Street, Suite 400, Minneapolis MN 55403. Verbal
communications shall be confirmed in writing. Notices to the City shall be in writing and
shall be either hand delivered to the Assistant City Administrator, or mailed to the City by
certified mail in care of the Assistant City Administrator at the following address: Lakeville
City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
17. SUBCONTRACTORS. Consultant shall not enter into subcontracts for
services provided under this Agreement without the express written consent of the City.
Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay
Subcontractor for all undisputed services provided by Subcontractor within ten days of
Consultant’s receipt of payment from City. Consultant must pay interest of 1.5 percent
per month or any part of a month to Subcontractor on any undisputed amount not paid on
time to Subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of $100 or more is $10.
18. AUDIT DISCLOSURE AND DATA PRACTICES. The books, records,
documents and accounting procedures and practices of the Consultant or other parties
relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date
of this Agreement. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data,
as defined in the Data Practices Act Section 13.02, subd. 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of
the functions of the City during performance of this Agreement is subject to the
requirements of the Data Practice Act and Consultant shall comply with those
requirements as if it were a government entity. All subcontracts entered into by
Consultant in relation to this Agreement shall contain similar Data Practices Act
compliance language.
19. NONDISCRIMINATION. The Consultant agrees to comply with all
applicable laws relating to nondiscrimination and affirmative action. In particular, the
Consultant agrees not to discriminate against any employee, applicant for employment,
or participant in this Agreement because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, membership or activity in a
local civil rights commission, disability, sexual orientation, or age.
20. ASSIGNMENT. Neither party shall assign this Agreement, or any interest
arising herein, without the written consent of the other party.
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231371v1
21.WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
22.TERMINATION. This Agreement may be terminated by the City with or
without cause by written notice to the Consultant. Upon termination under this provision
if there is no fault of the Consultant, the Consultant shall be paid for services rendered
until the effective date of termination,
23. ENTIRE AGREEMENT. This Agreement, including any attachments
incorporated, constitutes the entire understanding between the City and the Consultant.
This Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof, as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid only
when expressed in writing and duly signed by the parties, unless otherwise provided
herein.
CITY OF LAKEVILLE
By:_____________________________
Luke M. Hellier, Mayor
And:_____________________________
Ann Orlofsky, City Clerk
SHENEHON & ASSOCIATES, INC.,
d.b.a. SHENEHON COMPANY
By:_______________________________
Robert J. Strachota, CEO
Page 37 of 181
Date: 7/1/2024
Resolution Accepting Donation to the Lakeville Police Department
Proposed Action
Staff recommends adoption of the following motion: Move to accept donation of $750 to the
Lakeville Police Department from the Invictus Law Enforcement Motorcycle Club.
Overview
The Invictus Law Enforcement Motorcycle Club donated $750 to the Lakeville Police
Department's Pink Patch Project. The Lakeville Police Department is in its third year of
participating in the Pink Patch Project. The officers sell pink patches with proceeds going to the
American Cancer Society. This donation to the City of Lakeville will cover the initial cost of
the patches.
The Lakeville Police Department sincerely thanks the Invictus Law Enforcement Motorcycle
Club for their support.
Supporting Information
1. Exhibit A
Financial Impact: $750 Budgeted: No Source:
Envision Lakeville Community Values: A Sense of Community and Belonging
Report Completed by: Brad Paulson, Chief of Police
Page 38 of 181
CITY OF LAKEVILLE
RESOLUTION NO._________
RESOLUTION ACCEPTING DONATION TO THE LAKEVILLE POLICE
DEPARTMENT
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 Police 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 1st day of July 2024.
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
_________________________
Ann Orlofsky, City Clerk
Page 39 of 181
Exhibit A
Reference: Donations
The Invictus Law Enforcement Motorcycle Club donated $750 to the Lakeville Police Department's
Pink Patch Project.
Page 40 of 181
Date: 7/1/2024
Resolution Appointing Judges for the August 13, 2024 Primary Election
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution appointing
election judges for the August 13, 2024, Primary Election.
Overview
Minnesota Statute provides that election judges for precincts in a municipality shall be appointed
by the governing body of the municipality. The appointments must be made at least 25 days
before the election.
The attached resolution includes a list of judges to be appointed for this election. Additional
judges may be assigned as needed.
Supporting Information
1. Resolution Appointing Election Judges
2. Exhibit A
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Courtney Miller, Assistant to the City Administrator
Page 41 of 181
CITY OF LAKEVILLE
RESOLUTION NO. 24-
A Resolution Appointing Election Judges for the August 13, 2024 Primary Election
WHEREAS, the City Clerk is the authorized Election official for the City of Lakeville; and
WHEREAS, Minnesota Statue § 204B.21 provides that election judges for precincts in a
municipality shall be appointed by the governing body of the municipality; and
WHEREAS, the appointments shall be made at least 25 days before the election at which
the election judges will serve; and
WHEREAS, guidelines have been established for the appointment of election judges; judges
must be able to:
•read, write, and speak English;
•carry out instructions given by election administrators and Head Judges;
•learn and follow current election laws as provided by Minnesota Statute;
•answer questions and provide clear instructions to voters;
•work well with other election judges and the general public
NOW, THEREFORE, BE IT RESOLVED by the City of Lakeville City Council hereby
approves the list of election judges, attached hereto as Exhibit A, to serve as election judges
for the August 13, 2024, Primary Election.
BE IT FURTHER RESOLVED, the Lakeville City Council approves guidelines establishing an
absentee ballot board and authorizes the City Clerk to oversee the appointment and
procedural process for the City of Lakeville.
ADOPTED by the Lakeville City Council this 1st day of July 2024.
CITY OF LAKEVILLE
______________________________
Luke Hellier, Mayor
ATTEST:
_________________________________
Ann Orlofsky, City Clerk
Page 42 of 181
Mary Akonu Michael Cook Ben Hastings William Larson
Jeffery Allers Cynthia Daniels Richard Hawkins Jerry Laugerude
Diane Anderson Charles Davis Colleen Hayes Mary Leibfried
Katie Anderson Anthony Davlin Jeanne Heaney William Lenarz
Craig Arneson John DeYoe Dave Heitz Kathryn Lewis
Mary Ann Arneson Lynda Divine Jessica Hillis Diane Lind
Marilyn Ashenbrenner Martin Divine Matthew Hinds Linda Lindberg
Michael Atkins Brenda Dolejs Ronda Hines Louis LiVecche
Connie Backhaus Jennifer Drangstveit Christopher Hirsch Daren Luepke
Rachel Barnett Fred Drexler Nancy Hochbein Stephanie MacDonald
Karla Barrett Emily Dvorak Tania Hochhalter Kevin Marsh
Jean-Marie Baudhuin Lisa Ebaugh Stephen Hodges Kristin McHale
Bion Beebe Joy Edobor Ron Hoffbeck Carolyn Metcalf
Janet Beihoffer Bahgat Elsagher Shelby Hoffman Joseph Miller
Mardell Bentzen Brenda Elsagher Arinda Hoke Karin Miller
Theresa Bergum- Moran Elaine Elsen Terry Hoke Kendra Mitchell
Nathanael Bernal Cynthia Englund Matthew Holley Susan Mitlyng
David Bester Amy Fennewald Brenda Horak Kurt Mueller
Joan Bindner Melissa Field June Housenga William Murtha
Jessica Biskupski Stanley Fleming Tom Housenga Barbara Mutch
Brenda Bly Timothy Fohr Anne Hoybook Mark Naumann
Mary Bochek Lois Fokken Debra Hurston Deborah Nelson
Jason Bonnett Beth Fondell Richard Jacobson Bob Nentl
Michelle Bonnett Gabrielle Gallagher Susan Jain Devon Nielsen
Deb Borkenhagen Gonzalez Charles Glover James Jansen Judith Nord
Stephanie Brady Dean Goche Daniel Jensen William Norton
Christina Braun Wayne Golembeck Jane Jensen Terrance O'Brien
Margaret Breslin Katie Gomez Heil Teri Johnson Sara O'Reilly
Carroll Brooks Donald Gordhamer Jacquelyn Johnston Barbara Obershaw
Robin Bungert Marilyn Gordhamer Terrence Joyce Kaye Ochsner
Roxanne Busch Amy Gordon Steve Kerr Thomas OKeefe
Robert Cajune John Gorra Brianna Kiecker Paulette Olsen
Dianne Carbonneau Jan Graff Barbara King Carrie Olson
Amy Carlson Steven Granneman Amy Kingsley Matt Olson
Peter Carlson Britni Granquist Patti Kluge Shannon Olson
Dennis Chick Dave Greene Kathryn Knoer Talia Owen
Mary Christensen Gerald Grenz Jon Knudson Michael Patera
Devon Christianson Marian Gritche Laurisa Koch Marie Paterson
Carol Clark Raymond Gritche Steven Koch Christine Pavich
Mary Kate Clauson Lynae Grossman Susan Koen Chuck Peterson
Cynthia Cockrill Robert Grossman David Kohl Andrea Phillips
Liana Cohan Laurice Gustafson Joseph Kucala Dianne Piekarski
Olivia Colford Kathleen Hames Tom LaBeau Theodore Pillera
Mardell Collins Jan Hanson Shari LaFavre Michelle Pine
Donald Conniff Kristy Harms Catherine Langord Wall Mark Prinsen
James Connolly Stephanie Harnois Emy Larkin Sandra Rainey
Gloria Hartman David Larson
Page 43 of 181
Steve Rall Sandra Sullivan
Colleen Ratzlaff LaBeau William Sutilef
Daniel Raway Nancy Swanson
Diana Regenscheid Kaia Swetala
Zach Reuvers Patrick Swetala
Debra Riggs Kris Swift
Janet Ringberg James Swirtz
Matthew Roeckers Aaron Tait
Wayne Rons Mark Tessier
Theresa Royse Michelle Tetreault
Lorraine Running Beth Thelen
John Ruppert Janet Thompson
Nancy Ruppert Jeannine Thyren
Ella Russell Helen Ann Tibbetts
Ed Rutherford Samuel Tibbetts
Alan Rybak Linda Torgerson
Kim Sabers Karen Torrez
Paul Sakariassen Mark Traffas
Heidi Samuels Kreig Turner
Lawrence Sanders Susan Tvedt
Veronica Sandvig Trace Ulland
Lynn Santiago Ray Vogtman
Johanna Sawatske Jane Voight
Karen Schmit Ordean Voight
Mary Jo Schmit Daniel Volkosh
Steve Schnell Marlene Walsh
Debra Schoenbauer Carol Ward
Robin Schuster Dennis Ward
Vicki Schwartz Richard Weller
David Seefeldt Brian Welter
Jacquelyn Seemann Kimberly Wentzlaff
Louise Seigworth Diane Weyrick
Paul Serreyn Chelsea Wheat
Tracy Serreyn Teresa Will
Susan Sheppard Arliss Williams
David Simonpietri Jennifer Wilts
Joyce Sinding Kristina Wyzykowski
Charles Smith-Dewey Doug Yetzer
Elise Smith-Dewey Sonja Ziemann
Bob Smits Brenda Zink
Sheri Soens Courtney Zinter
Phyllis Soltis
Michael Stein
Rod Stemme
Kirsten Storlie
James Strande
Amy Sullivan
Page 44 of 181
Date: 7/1/2024
Update to Employee Sick & Safe Time Policy (ESST)
Proposed Action
Staff recommends adoption of the following motion: Move to approve the change to the existing
ESST policy.
Overview
Employee sick and safe time (ESST), which is mandated by the state of Minnesota, went into
effect on January 1, 2024. The purpose of this is to provide paid time off opportunities for
certain qualifying purposes and is applicable to employees who do not currently accrue
PTO/Sick/Vacation leave time. This is most notable for certain part-time, temporary and
seasonal positions.
The state of Minnesota updated their list of qualified uses for ESST to include time off to make
funeral arrangements, attend a funeral service or memorial or address financial or legal matters
that arise after the death of a family member. The city is updating the existing ESST policy
(6.55.1), to include this language in the applicable section of the policy.
Supporting Information
1. Draft ESST Update - Funeral Leave 6.55.1
2. Final ESST Update - Funeral Leave 6.55.1
Financial Impact: Minimal. Costs associated with the use of ESST will fluctuate based upon
employee needs. Most leaves will be covered as part of budgeted wages. Budgeted:
Yes Source:
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Alissa Frey, Human Resources Director
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EARNED SICK AND SAFE TIME
Policy 6.55.1
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 the family member of the employee to a communicable disease, whether
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254
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
o Absence to make funeral arrangements, attend a funeral service or memorial or address
financial or legal matters that arise after the death of a family member.
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
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255
will be absent.
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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253
EARNED SICK AND SAFE TIME
Policy 6.55.1
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 the family member of the employee to a communicable disease, whether
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254
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
o Absence to make funeral arrangements, attend a funeral service or memorial or
address financial or legal matters that arise after the death of a family member.
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
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255
will be absent.
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.
Page 51 of 181
Date: 7/1/2024
Keokuk Liquor Store Signage
Proposed Action
Staff recommends adoption of the following motion: Approve contract with Albrecht Sign
Company to supply and install back lit signage on the north side of Keokuk Liquor.
Overview
Staff has identified the need to install a backlit sign on the north side of the Keokuk Liquor
Store aimed at attracting southbound I35 traffic. To maintain consistency with existing signage,
staff received a quote from the same vendor that has supplied signs to the liquor stores. We have
coordinated with the planning department to ensure that the installation complies with all
relevant codes and regulations.
Supporting Information
1. Contract_ Albrecht Sign_ Keokuk_v.2
2. Lakeville Liquors - Keokuk - LARGE LETTER SET
3. Lakeville Liquor_Keokuk_ North Sign Design
Financial Impact: $20,258.38 Budgeted: Yes Source: Enterprise Fund 7800.1721
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Tom Breeggemann, Facility Supervisor
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AGREEMENT
AGREEMENT made this 1st day of July 2024, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City") and ALBRECHT SIGN COMPANY
("Contractor").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
2. 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. Project Description, Specifications dated June 6th , 2024 Rev (2)
C. Contractor’s Proposal No: 17827-1
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 “C” has the last priority.
2. SCOPE OF SERVICES. The Contractor shall provide the goods, services, and
perform the work set forth in the Contract Documents. The Contractor agrees to furnish and install
backlit sign and logo in the location of Lakeville Liquor Keokuk, 20880 Keokuk Ave, Lakeville, MN
55044 (the “Work”). Contractor shall provide all personnel, supervision, services, materials, tools,
equipment and supplies and do all things necessary and ancillary.
3. COMPENSATION. Contractor shall be paid by the City for the Work in accordance
with the fee schedule attached in the Contractor’s Proposal which is inclusive of reimbursable
expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or
any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically
after a service has been completed and within thirty-five (35) days of receipt of an invoice.
4. COMPLETION DATE. The Work must be completed by October 25th 2024.
5. PROMPT PAYMENT TO SUBCONTRACTORS.
A. Pursuant to Minnesota Statute §471.25, Subdivision 4a, the Contractor must
pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for
undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-
half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not
paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor
shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action
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to collect interest penalties from the Contractor shall be awarded its costs and disbursements,
including attorney’s fees, incurred in bringing the action.
B. Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires
that the City of Burnsville 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.
6. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents, and the rights and
remedies available there under shall be in addition to, and not a limitation of, any duties, obligations,
rights and remedies otherwise imposed or available by law.
B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of
any right or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of, or acquiescence in, any breach there under, except as may be specifically
agreed in writing.
7. CONDITION/INSPECTION/REMEDY.
A. Services shall be subject to inspection by the City.
B. Defective work shall be removed and replaced, or satisfactorily repaired.
8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any
time, or from time to time, order additions, deletions or revisions in the work provided under this
Agreement; these will be authorized by an amendment to the Contract. Upon approval of an
amendment, Contractor shall proceed with the work provided under the amendment. Changes in the
Contract Price shall be based upon the prices identified in the fee schedule provided in the
Contractor’s Proposal or negotiated between the parties based on similar work provided in the
Proposal.
9. UNAUTHORIZED WORK. Additional work performed without authorization of
an amendment of this Contract will not entitle Contractor to an increase in the Contract Price or an
extension of the Contract Time.
10. DOCUMENTS. The City shall be the owner of all documents, reports, studies,
analysis and the like prepared by the Contractor in conjunction with this contract.
11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
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12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill,
and diligence in the performance of the Services as is ordinarily possessed and exercised by a
professional Contractor under similar circumstances. No other warranty, expressed or implied, is
included in this Agreement. City shall not be responsible for discovering deficiencies in the
accuracy of Contractor’s services.
13. CONTRACTOR’S REPRESENTATIONS.
A. 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.
B. 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.
C. 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.
D. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
E. Subcontracts:
(1) 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 with the consent of the Owner.
(2) The Contractor is responsible to the Owner for the acts and omissions of the
Contractor's subcontractors, and of their direct and indirect employees, to the same
extent as the Contractor is responsible for the acts and omissions of the Contractor's
employees.
(3) The Contract Documents shall not be construed as creating any contractual
relation between the Owner and any subcontractor.
(4) The Contractor shall bind every subcontractor by the terms of the Contract
Documents.
14. 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
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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.
15. 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
Professional Liability
$1,000,000 with a deductible maximum of $125,000.
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 shall, prior to commencing the Services, deliver to the City a Certificate of
Insurance as evidence that the above coverages are in full force and effect. The
Contractor’s policies shall be the primary insurance to any other valid and collectible
insurance available to the City with respect to any claim arising out of Contractor’s
performance under this Agreement.
All insurance policies (or riders) required by this Agreement shall be
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(i) Taken out by the Contractor 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 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.
(iii) Shall name Contractor as an insured party and City as an additional insured with
respect to General Liability, Auto Liability, and umbrella policies on a primary and
non-contributory basis,
(iv) Shall be in accordance with specifications approved by the insurance advisory for
City, and
(v) Shall be evidenced by a Certificate of Insurance listing City as an additional insured
which shall be filed with the City. Certificates of Insurance that do not meet these
requirements will not be accepted.
Certificates of Insurance shall include the policy endorsements showing the City named as
additional insured on a primary and non-contributory basis.
16. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an
independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is
not an employee of the City and is free to contract with other entities as provided herein. Contractor
shall be responsible for selecting the means and methods of performing the work. Contractor shall
furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under
this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner
represent that Contractor or any of Contractor's agents or employees are in any manner agents or
employees of the City. Contractor shall be exclusively responsible under this Agreement for
Contractor's own FICA payments, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or
taxes are required to be paid by law or regulation.
17. 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 Statute § 471.425. Contractor must pay Subcontractor for all undisputed
services provided by Subcontractor within ten days of Contractor’s receipt of payment from City.
Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on
any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10.
18. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
19. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
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20. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
21. CONTROLLING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
22. COPYRIGHT. Contractor shall defend actions or claims charging infringement
of any copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and it shall hold harmless the City from loss or damage resulting
there from.
23. RECORDS. The Contractor shall maintain complete and accurate records of time
and expense involved in the performance of services.
24. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this
Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were
a government entity. In the event Contractor receives a request to release data, Contractor must
immediately notify City. City will give Contractor instructions concerning the release of the data to
the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
25. TERMINATION. This Agreement may be terminated by City on two (2) days’
written notice delivered to Contractor at the address on file with the City. Upon termination under
this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered
and reimbursable expenses until the effective date of termination. If the City terminates the
Agreement because the Contractor has failed to perform in accordance with this Agreement, no
further payment shall be made to the Contractor, and the City may retain another Contractor to
undertake or complete the work identified in this Agreement.
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Signage Design Rev(2)
June 6th, 2024
7775 MAIN STREET NE, FRIDLEY, MN 55432 | P 763.754.2899 | F 763.767.7316 | WWW.ALBRECHTSIGNCOMPANY.COM
Exhibit A
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