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HomeMy WebLinkAbout05.21.12 Council Packet City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington, MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING May 21, 2012 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS a) Mary Scheide—Farmington Library Information Received b) Joy Lauterbach—Trinity Campus Information Received c) Heritage Preservation Award- Planning Church of the Advent 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (5/7/12 Regular) (5/14/12 Workshop) Approved b) Adopt Resolution—Approve Gambling Event Permit Farmington Sno-Tigers -Administration R22-12 c) Adopt Resolution—Approve Gambling Event Permit Farmington Youth Hockey - Administration R23-12 d) Approve Appointments to Boards and Commissions - Administration Approved e) Adopt Ordinance—Amending the City Code Relating to Rodent, Pest Control and Dutch Elm Disease Control - Planning Ord 012-643 f) Adopt Ordinance—Approve Text Amendments to Rambling River Center Advisory Board Ordinance—Parks and Recreation Ord 012-644 g) Approve Bills Approved h) Approve Temporary On-Sale Liquor License Farmington Liquors— Administration Approved REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda,please address the item when the item is discussed. Speakers will be given at least three minutes to speak per item. Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Veterans Memorial Committee Update Information Received b) April 2012 Financial Report- Finance Information Received c) Accept Quotes Lake Julia Parking Lot Construction—Engineering Approved d) Approve Agreement Dakota County Soil and Water Conservation District Drainage Improvements Lake Julia Parking Lot- Engineering Approved 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda 2 Approve Council Minutes (5/7/12 Regular)(5/14/12 Workshop) Regular Minutes 4 Workshop Minutes 9 Adopt Resolution -Approve Gambling Event Permit Farmington Sno-Tigers Memo 14 Resolution 15 Adopt Resolution -Approve Gambling Event Permit Farmington Youth Hockey Association Memo 16 Resolution 17 Appointments to Boards and Commissions Memo 18 Adopt Ordinance Amending the City Code Relating to Rodent, Pest Control and Dutch Elm Disease Control Rodent& Shade Tree memoCC 19 Combined Ordinance AmendmentV2 20 Summary Ordinance 26 Approve Text Amendments to the Rambling River Center Advisory Board Ordinance Memo 27 Ordinance 28 Approve Bills Bills 30 Veterans Memorial Committee Update Memo 52 Exhibit A 54 Exhibit B 58 Exhibit C 60 Exhibit D 63 Exhibit E 68 Exhibit F 69 April 2012 Financial Report April 2012 Memo 71 April 2012 Financial Report 73 Accept Quote-Lake Julia Parking Lot Construction Lake Julia Parking Lot Quotes 052112 79 Lake Julia Parking Lot Agreement 052112 81 Map 85 Approve Agreement-Dakota County Soil and Water Conservation District-Drainage Improvements Lake Julia Park Lake Julia Park Drainage Improvements 052112 86 Lake Julia Drainage 87 1 7a.., COUNCIL MINUTES REGULAR May 7, 2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Donnelly, Fogarty,May Members Absent: None Also Present: Andrea Poehler, City Attorney;David McKnight, City Administrator;Teresa Walters, Finance Director;Randy Distad, Parks and Recreation Director;Brenda Wendlandt,Human Resources Director;Cynthia Muller, Executive Assistant Audience: 4. APPROVE AGENDA Councilmember Bartholomay pulled item 71)Bills for comment. MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Historic Preservation Month-Planning Mayor Larson proclaimed May 2012, as Historic Preservation Month. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes(4/16/12 Regular) (4/30/12 Special) b) Adopted RESOLUTION R19-12 Accepting Donations 2012 Spring Skating Festival—Parks and Recreation c) Approved Request to Waive Fees for 2012 Dew Days—Parks and Recreation d) Approved Request to Waive Rambling River Center Rental Fees—Parks and Recreation e) Approved Appointment Recommendation Rescue Lieutenant—Fire Department fj Approved Appointment Recommendation Fire Lieutenant—Fire Department g) Approved Appointment Recommendation Fire Lieutenant—Fire Department h) Approved Appointment Recommendation Parks and Recreation—Human Resources 4 Council Minutes(Regular) May 7,2012 Page 2 i) Approved Appointment Recommendation Parks and Recreation—Human Resources j) Approved School and Conference—Human Resources k) Approved Termination of Agreement with Midwest Mailing Systems, Inc., and Entering into a Two Year Agreement with Cannon Valley Printing to Provide Mailing Services for the City News and Recreation Guide—Human Resources 1) Approved Bills APIF,MOTION CARRIED. I) Approve Bills Councilmember Bartholomay commented on the Employee Recognition Program. At the LMC meeting,the league cautioned cities that gift cards for recognition could cause some concern. City Administrator McKnight will review the issue. Councilmember May commented on the charge for the credit card there is a late fee and interest charges. She also asked about the use of the credit cards. Finance Director Walters stated if the bill is not paid on time,there will be late fees. Finance sends bills to department heads to approve, and if Finance does not receive it back in time,then it cannot be paid without approval. Receipts are needed for credit card charges. City Administrator McKnight will review the issue. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution-Approve Fire Truck Purchase—Fire Department The Fire Department is requesting approval of the purchase of a Fire truck. Staff is also asking for approval of an inter-fund loan between the water fund and the general fund. The Fire Department is also requesting approval of travel expenses for the construction of the fire truck. Regarding the travel expenses, Councilmember Bartholomay asked if four members need to go. Fire Chief Pietsch stated there are seven members on the committee. They knew they could not send everyone, so decided on four members and there would be three trips. If four members are not acceptable,they will adjust. Councilmember May stated four members also caught her attention,but it is a large purchase. She agreed with no more than four members going. There will be annual debt payments of$119,000 made through a levy increase over the next five years. She noted overall it may not be a levy increase. Councilmember Fogarty hoped that Fire Chief Pietsch would be one of the four going all three times. Fire Chief Pietsch was not sure he would go all three times. 5 Council Minutes(Regular) May 7,2012 Page 3 He preferred to send as many members of the committee as possible. He will go for the pre-paint inspection. Councilmember Fogarty wanted him to at least attend the pre-paint and have at least one committee member going on all three trips. Councilmember Donnelly noted delivery is six to seven months from the date of signing. The contract will be signed in a couple weeks. Fire Chief Pietsch was hoping for delivery before the first of the year. MOTION by Fogarty, second by Donnelly to approve purchase of a Pierce Pumper Truck from Pierce at the proposed purchase price of$560,064. APIF, MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to approve travel costs for four firefighters to Appleton, Wisconsin three times during the year. APIF,MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R20-12 authorizing an inter-fund loan from the water fund to the general fund in the amount of$63,374 to cover the cost of the truck,the fee to join HGAC and related travel expenses. City Administrator McKnight noted part of the inter-fund loan agreement is contingent upon the Water Board approval at the May 29,2012,meeting. APIF,MOTION CARRIED. b) Adopt Resolution—Approve Re-Allocation of Fundraising and Donation Revenue Rambling River Center—Parks and Recreation The Rambling River Center Advisory Board exceeded their fundraising amount of $90,000 by$3,356.01. The Board agreed to use these excess funds and any future donations for capital improvements to the Rambling River Center rather than to operations. This money will be placed in a fund to be carried over from year to year. The Board identified several improvements to be made to the building including: 1. Remove and replace the Oak Street building entrance steel railing and concrete walkway to the entrance and the apron to the garage. 2. Sound absorption panels in the banquet room to improve acoustics. 3. Improve flooring in the arts and crafts room. 4. Purchase and install new cabinets in the coffee nook area. Councilmember May had no issue with having fundraisers. She noted we have paid staff in that facility and wondered if there was a line with having paid staff involved in the fundraisers if the Board does not want the funds used for operating costs. Parks and Recreation Director Distad stated in previous years, staff would deduct the expenses for the fundraising and the staff time would be deducted from the fundraising amount. Councilmember May was concerned with whether that is the function of paid staff. She did approve the Board's recommendation. MOTION by Bartholomay, second by Donnelly to adopt RESOLUTION R21- 12 allowing excess fund raising money of$3,356.01 plus any future fundraising or donated money to be placed into an account allowing it to be used for future 6 Council Minutes(Regular) May 7,2012 Page 4 building improvements and allowing the balance to be carried forward each year. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) City Council Item Review Process-Administration At the retreat, Council talked about previewing higher level items prior to a Council meeting. Options are to bring significant items to workshops,bring back the pre-meeting, or bring items to Council meetings with no expectations of approval for the first time. City Administrator McKnight would determine the level of the item. As staff starts to prepare agendas for two or three meetings in advance, staff will provide those draft agendas to Council. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Thanked the volunteers who helped with park and pond clean-up. There are two more weeks left for curbside clean-up. Councilmember Bartholomay: Under the Consent Agenda,he noted we waived fees for permits for Dew Days and for a Yellow Ribbon event. He felt Council needed to discuss if we waive fees should it be for everyone and thus adjust the fee schedule. It could be dangerous if we waive fees for some groups and not others. If we waive fees, we need to cover the City's costs. He realized Dew Days is an economic development tool. This can be discussed during the budget discussions. Councilmember May would also like to see a better alternative to waiving fees. Councilmember Bartholomay stated he attended the Pellicci Hardware ribbon cutting last week. He and Mayor Larson also went on business visits with staff to several businesses last week. There were good comments and all said their business was up. City Administrator McKnight: Staff has received applications for a seat on the Rambling River Center Board and asked if interviews can be scheduled on May 14,2012, prior to the workshop. Council agreed. The Veterans Memorial Committee would like to meet with Council on May 21,2012,prior to the Council meeting. Councilmember May asked if staff could meet with them, and provide Council with a summary of the meeting. Parks and Recreation Director Distad stated the committee wants to provide an update on their fundraising and the agreement with the City. Councilmember May was not in favor of those types of meetings and felt it opens it up to any group or developer that wants to meet off camera. That is staff's role. Staff could provide Council with a summary and recommendation on the request. Councilmember Fogarty did not have a problem with meeting with the committee and would like an update. Councilmember Bartholomay preferred to meet with them during the regular meeting. Councilmember Donnelly stated this is the type of pre-meeting we asked for. Councilmember May did not think the purpose for pre-meetings was to meet with outside groups,but to meet with staff on 7 Council Minutes(Regular) May 7,2012 Page 5 agenda items. Mayor Larson would like them on camera to get more exposure. Staff will ask the committee to attend the regular Council meeting on May 21,2012. Mayor Larson: The State of the City Address will be May 10, 2012, at City Hall and will be taped for later broadcast. There is a lot of City information being communicated through Facebook,Twitter,Nixle,and the website. He encouraged residents to support the Farmington liquor stores. Profits do come back to the City. Residents should support local businesses. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 7:38 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 8 City Council Workshop Minutes May 14,2012 Present: Larson, Bartholomay,Donnelly, Fogarty, May Absent: None Also Present: David McKnight, City Administrator;Randy Distad, Parks and Recreation Director;Cynthia Muller,Executive Assistant Mayor Larson called the workshop to order at 6:37 p.m. MOTION by Fogarty, second by Bartholomay to approve the agenda. APIF,MOTION CARRIED. The purpose of the workshop was to discuss liquor operations. Staff provided a summary of the MMBA report including some recommendations and past history. Member Fogarty wanted a better understanding of the 2007 recommendations compared to today. Some are internal management items that are a concern if they haven't been addressed, and she wanted to know what is left that hasn't been addressed. She was on the Council in 2007 and assumed these items were taken care of. She wanted to know what on the list has not been done and why. City Administrator McKnight stated the past information was included in the MMBA report to say that they have been here before. Parks and Recreation Director Distad explained the product price survey shows we are in line with surrounding cities. So the price issue has been addressed. The profit variance analysis report shows the number of times product turns over. We are at 11 turns per year which is very good. It means we don't have product sitting on the shelf. That number has come up from where it was previously. Regarding inventory, staff is not sure where the $37,000 reduction in inventory came from in 2007. City Administrator McKnight is following up on this item. There is an inventory variance report generated at the stores which will now be provided to management. On a monthly basis,different department counts are done to track inventory. Councilmember May asked about the standard procedure for counting inventory and why only one product is counted per month. Staff explained it is a checks and balance and we don't have a lot of extra staff on duty to do counting. Councilmember Bartholomay asked about portable scanners to do the counting. Councilmember May wanted to know what the standard procedure is for counting inventory and if adding another employee would help to reduce any losses in inventory. Staff explained we cannot monthly count all inventory in the store,so we choose different areas. Councilmember Bartholomay asked staff to check on the cost of radio frequency scanners for bar coding. With those we could maybe do weekly cycle counting. Parks and Recreation Director Distad explained there are a series of steps to watch internal control of inventory. Councilmember May was concerned that we do not do split deliveries. She would like to know what the cost would be. Staff has been told there would be an up-charge for splitting a delivery between stores. Councilmember May would like 9 Council Workshop Minutes May 14,2012 Page 2 to know the difference in cost between the up-charge and employee time going through the process to deliver inventory between stores. The reports are meaningless if no one is evaluating things or holding anyone accountable. Parks and Recreation Director Distad noted surrounding cities also split their deliveries with staff and deliver inventory from store to store. This is common practice. Councilmember Fogarty wanted to discuss the current report. The items on the list that need to be addressed could be huge losses for us. She asked if we have policies that address these things. Staff has recently put items into place prior to receiving the report. The items were not addressed in 2007. Staff now has different levels of things they are allowed to do,as far as voiding sales, discounting, ordering product,tracking inventory, etc. Councilmember May wanted to change the course of the discussion as she felt they were discussing things that needed to be discussed by a liquor committee if we decide to stay in the business. She felt the committee should review the policies and discuss checks and balances. Council should discuss if we want to stay in the liquor business, and if so,what is the decision regarding downtown. Those decisions have a lot to do with the policies. Councilmember Bartholomay needed to know if things were being taken care of in order to decide whether to stay in the business. Mayor Larson asked for Council comments on the future of liquor operations. Councilmember May felt the City should not be in the liquor business. She realized she was one out of five that feels that way, so based on what she has read in the report,there are management issues,profit issues, and now we have a lease issue. She suggested moving to one store, shrink the staff, get all the policies in place, and run a good operation. At the same time, explore where a second store should be. We don't want to be in the current location downtown, and Mr. Wartmann is not inclined to negotiate, so why continue there. Mayor Larson noted there are new numbers for transferring from the liquor operations to the general fund. Employees tracked their time spent on liquor operations for one month. In the past there was a transfer of$70,000. City Administrator McKnight is recommending a transfer of$50,600 to more accurately reflect time spent. The report says we have the potential to do things right and we have a lot of housework to do. Mayor Larson requested City Administrator McKnight take care of personnel issues as he sees frt. The downtown store broke even and is not as bad as we thought. Mayor Larson wanted staff to try to work something out with Mr. Wartmann because he does not want to lose customers by closing the downtown store. We may see more profit with a new location and a different way of doing business. Councilmember May would consider that if we tell Mr. Wartmann$15/sq. ft. is our top number or we close the store. There isn't any business that would run without making a profit just to please the customer. Mayor Larson stated the numbers are accurate and felt we have the potential for a lot more revenue. He would like to see $200,000 coming to the City through the liquor stores in the next four to five years. Councilmember Fogarty noted the report says we are on track to do that this year before transfers. The changes made in the last couple years are coming to fruition. 10 Council Workshop Minutes May 14,2012 Page 3 Parks and Recreation Director Distad stated in 2004 we signed leases. We had low lease rates to start,but every couple years they increased and the economy went down. Councilmember Fogarty added City Center has turned into more of an office center than a retail center. She recalled in 2003,the downtown store made more profit than the Pilot Knob store,when we were in a better location. Councilmember May suggested moving the downtown liquor store to the old Rambling River Center building. We have to spend money to abate it anyway. It would be a temporary location. Councilmember Fogarty agreed with that idea. Mayor Larson asked that Council continue the discussion on the future of liquor operations. Councilmember Fogarty felt we should stay in the liquor business. We need to have a better understanding of how to market. We need to have management that understands the level of detail necessary. Councilmember Bartholomay philosophically did not believe we should be in the liquor business. In looking at the report,we signed a lease last year, so to get out now is not the right time, especially if we have the potential to do very well. Councilmember May noted there is a caveat to get out of the lease if we get out of the business. Councilmember Bartholomay proposed going to Mr. Wartmann and say we need $15/sq. ft., but we need a backup plan. He noted we have space at City Hall,the old senior center, and the garage at the new senior center to use temporarily. He was not inclined to stay in the current downtown location. If we stay in the business,he would like to see aggressive benchmarks and see that things identified in the report are being handled. Councilmember Donnelly stated there are very specific things in this report that should be easy to track with supporting documentation. Last fall he said if we can't make money,we shouldn't be in the business. But we can make money if we run it like a business. As far as the lease, ieis too much money. We should keep a downtown store; it would be hard to recoup that. If we close it to fmd a new location, it could be a year and it would be hard to get customers back. We need to fmd an interim building unless Mr. Wartmann is willing to negotiate. Councilmember Donnelly was in favor of staying in the liquor business if we clean up our act and follow the recommendations. Councilmember May asked how viable is the old Rambling River Center for an option. Parks and Recreation Director Distad stated it is too far off the beaten path. Location is critical. Councilmember May did not agree. It is downtown. It doesn't have to be permanent. Councilmember Fogarty felt fmding out if it is viable for a temporary location gives us leverage. If we are going to keep a downtown business, and don't want to have a gap,we have told Mr. Wartmann he can do what he wants because we are stuck for a few months. We have no leverage if we don't fmd a viable option. Councilmember May stated people using the downtown store live downtown and are walking there. City Administrator McKnight asked what they consider a temporary location. Councilmember Fogarty stated a year. Councilmember May felt we should keep our eyes open for options and felt hwy 3 is the best option, but we cannot pull anything together fast enough. Parks and Recreation Director Distad noted for a year you are moving the beer caves,the coolers, all the product,that is a lot of work and a big cost. He 11 Council Workshop Minutes May 14,2012 Page 4 was not sure the old Rambling River Center has the electrical services necessary to run the coolers and the beer cave. Councilmember May stated we have to abate that building. If you take the rent we would pay Mr. Wartmann and put it into that building for renovations, it would be a more saleable building. The lease at the Pilot Knob store is$16/sq. ft. for five years. City Administrator McKnight clarified Council wants staff to go to Mr. Wartmann to negotiate for$15 -$16/sq.ft. and also look at other options in that time frame. Councilmember Bartholomay felt we need to own our own building. Councilmember Donnelly stated it sounds like it may be worth it to pay Mr. Wartmann the rent rather than move everything twice. Councilmember Bartholomay was not in favor of staying in the current downtown location if we do not get a reduction in the rent. Councilmember Fogarty stated we want to keep a downtown store and asked for more recommendations. Mayor Larson asked staff to determine if it was cheaper to move or stay in the current location. Staff stated Mr. Wartmann has agreed to $21/sq. ft.which comes to $131,800 for a year. Councilmember May asked for$130,000 can we renovate the old Rambling River Center. Staff stated we actually pay$170,000 on the lease with CAM. Mr.Doug Bonar suggested the four garage bays at the old City Hall. Garage doors come out easily and store fronts go in quickly. There are already two single doors for entry. It would not take much for heating and ventilation. It may lack in square footage,but does have tall walls. So inventory could go up high and sale items down low. You could convert it to another purpose later. He also suggested in the new City Hall building,put City Hall on the second floor and the liquor store on the first floor. To move it to the old Rambling River Center,you would use half your amount just for abatement, besides a new roof. That building would be too costly. Councilmember May stated those abatements have to be done and we will incur those costs anyway. Mayor Larson asked staff to check into this option also. Mayor Larson suggested we fmd an option to move the store short-term and possibly long-term. City Administrator McKnight stated short-term, he needs to tell Mr. Wartmann he either meets our terms or we go elsewhere. But we cannot get anywhere by August 1,2012,when the lease ends. There is a month-to-month rollover after the expiration where the cost goes up to $23/sq. ft. Plan A would be to go month-to-month at a higher cost. Plan B is a different location. He asked if Council is comfortable with plan A. Councilmember Fogarty stated Council has given their ideas. If staff has other ideas,they are open to them. City Administrator McKnight stated we have been contacted by 12 property owners off of Elm Street between hwy 3 and Vermillion River Crossing. City Administrator McKnight stated for plan A, he will approach Mr. Wartmann to reduce the lease to $16/sq.ft. If no,we will go month-to-month. Then plan B is if there is a downtown store,where, and what is the cost. Councilmember May would like to see a comprehensive list of options including the old Rambling River Center and rental options. Next Council discussed organizational issues and department structure,and placement. Mayor Larson stated Parks and Recreation Director Distad has been doing a great job,but felt the liquor stores do not belong under Park and Rec. He would like to see the liquor stores transferred to the City Administrator permanently and not have them transferred every four to five years. Parks 12 Council Workshop Minutes May 14,2012 Page 5 and Recreation Director Distad noted Randy and Dave have done an exceptional job in cutting costs;we are sending staff home when we are not busy,we reduced hours at the downtown store, we have saved 400 hours of labor. City Administrator McKnight stated part of the problem is we have moved the liquor stores five times in 13 years as to who they report to. Mayor Larson wanted the City Administrator to take Council's comments, read the MMBA report with his own opinions and handle the personnel matters as he sees fit. City Administrator McKnight noted there will be a transition from Park and Rec to Administration. The liquor committee is to be determined. Council has been clear staff should show you what we have done,not just tell you. For a liquor committee he would suggest himself,the Parks and Recreation Director,two Councilmembers,and the liquor manager. Mayor Larson does not want to see numbers before and after transfers;just see the bottom line. City Administrator McKnight stated profit goals would be a discussion of the committee. Mayor Larson felt the report sets some guidelines as to where we need to be. Parks and Recreation Director Distad noted the profit margins are increasing so all the cutting is showing results. Mayor Larson stated he has received numerous complaints about customer service at the liquor store. One was they will carry a case of beer to the door,and after that it is up to you. In Rosemount,they carry it to the car. If we are going to be in this business,we have to be customer friendly and we have to make them want to come back. Parks and Recreation Director Distad stated we do that and if someone is not doing that,we need to know. Mayor Larson stated customer service will be key. City Administrator Update—Parks and Recreation Director Distad stated previously Council discussed leasing the Fairhill Park area for farming. Out of the 43 acres,there is 27 acres of tillable land. Staff has found someone to lease it from the City to farm the area for$200/acre. This person wants a five year agreement to put lime on the land to improve it. Staff asked if Council wants a five-year lease. There will be an out clause for development. Councilmember Donnelly felt the amount is low;others are leasing for$410/acre. The proceeds will go into the park improvement fund. MOTION by Fogarty, second by Bartholomay to adjourn at 8:03 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 13 71 4414,,, City of Farmington 430 Third Street a ' W ' Farmington,Minnesota • . � 651.280.6X00•Fax 651.280.6899 � +N WW ].tdnlllTgL4fl].TI111.LLi TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Gambling Event Permit—Farmington Sno-Tigers DATE: May 21,2012 INTRODUCTION Farmington Sno-Tigers is requesting a Gambling Event Permit for a raffle for their fundraiser. DISCUSSION. Per State Statute 349.166 and pertinent City Code,a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2012 budget. ACTION REOUESTED, Consider the attached resolution granting a Gambling Event Permit to Farmington Sno-Tigers,to be held at the American Legion, 10 8th Street,on September 22, 2012. Respectfully submitted, Cynthia Muller Executive Assistant 14 RESOLUTION NO. R22-12 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR FARMINGTON SNO-TIGERS Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington,Minnesota,was held in the Council Chambers of said City on the 21st day of May 2012 at 7:00 p.m. Members Present: Larson, Bartholomay,Fogarty Members Absent: Donnelly, May Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS,pursuant to M.S. 349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS,Farmington Sno-Tigers has submitted an application for a Gambling Event Permit to be conducted at the American Legion, 10 8th Street on September 22,2012,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for Farmington Sno-Tigers, 10 8th Street,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21st day of May 2012. Mayor Attested to the 60"` day of May 2012. ity Administra •r SEAL ?c, ...00% City of Farmington ,yam 430 Third Street ', ',,: I A.,,' •' Farmington,Minnesota S p ..w k.',e `�` °° 651.2S0.6S00•Fax 651.280,6899 .,_01. w w tv.ci.farminpnn.mn.av TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Gambling Event Permit—Farmington Youth Hockey Association DATE: May 21,2012 INTRODUCTION Farmington Youth Hockey is requesting a Gambling Event Permit for a raffle for their fundraiser. DISCUSSION Per State Statute 349.166 and pertinent City Code,a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2012 budget. ACTION REQUESTED Consider the attached resolution granting a Gambling Event Permit to Farmington Youth Hockey Association,to be held at the Schmitz-Maki Arena, 114 Spruce Street,on December 11,2012. Respectfully submitted, Cynthia Muller Executive Assistant 16 RESOLUTION NO. R23-12 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR FARMINGTON YOUTH HOCKEY ASSOCIATION Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington,Minnesota,was held in the Council Chambers of said City on the 21s1 day of May 2012 at 7:00 p.m. Members Present: Larson,Bartholomay,Fogarty Members Absent: Donnelly, May Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS,pursuant to M.S. 349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS,Farmington Youth Hockey Association has submitted an application for a Gambling Event Permit to be conducted at the Schmitz Maki Arena, 114 Spruce Street on December 11,2012, for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for Farmington Youth Hockey Association, 114 Spruce Street,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21St day of May 2012. Mayor Attested to the '& r) day of May 2012. s 1` t SEAL 7c/ a ' City of Farmington �i Street !� '.�. i -= �; Farmington,Minnesota r .04 651,280.61300•Fax 151.280,6599 tr'A MO w+v w.ci.tareningtl m.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Appointments to Boards and Commissions DATE: May 21, 2012 INTRODUCTION/DISCUSSION The City Council is recommending appointing Mr. Roger Wood to the Rambling River Center Advisory Board, and Mr.Dennis Reiman to the Heritage Preservation Commission. The term for both seats is through January 31,2015. ACTION REOUESTED, Approve the appointment of Mr. Roger Wood to the Rambling River Center Advisory Board and Mr. Dennis Reiman to the Heritage Preservation Commission for the above stated term. Respectfully submitted, Cynthia Muller Executive Assistant 18 Z.. sei City of Farmington 430 Third Street !., „. .".X 1 Farmington,Minnesota y °°, 651.280.(400.Fax (51.280.6899 www.ciliirminguntnin.us TO: Mayor, Councilmembers, City Administrator FROM: Tony Wippler,Assistant City Planner SUBJECT: Adopt Ordinance Amending Chapters 5 & 6 of Title 7 of the City Code Relating to Rodent,Pest Control and Dutch Elm Disease Control DATE: May 21, 2012 INTRODUCTION Attached for the Council's consideration is an ordinance amending Chapters 5 & 6 of Title 7 of the City Code as they relate to Rodent, Pest Control and Dutch Elm Disease Control, respectively. A summary ordinance is also attached for Council. DISCUSSION The revisions in the attached ordinance are largely housekeeping changes and non-substantive in nature. The notable ordinance changes include the following: • The addition of the emerald ash borer beetles, larvae or eggs within the insect pest definition; • Changing the term"Village"to "City"throughout Chapter 5; • Including Dutch elm and the oak wilt fungus within the defmition for diseases; • Changing the title of Chapter 6 to"Tree Disease Control"; • Further expand the nuisance definition under Chapter 6 to include verbiage regarding elm bark beetles, oak wilt fungus, emerald ash borer beetles, larvae or eggs; • Added verbiage that the City's Tree Inspector may order the treatment or removal of an infected tree where spreading of an infestation or disease is imminent in order to abate the nuisance; • Addition of a Transportation section that states that it is unlawful for any person to transport into the city any infected,bark-bearing ash, elm or oak wood determined to be a nuisance. The Planning Commission held a public hearing concerning this ordinance amendment at its regular meeting on May 8, 2012 and recommended approval of the amendment with a vote of 4- 0. ACTION REQUESTED Adopt the attached ordinance amending Chapters 5 & 6 of Title 7 of the City Code as they relate to Rodent, Pest Control and Dutch Elm Disease Control,respectively. Respectfully submitted, Tony Wippler,Assistant City Planner 19 CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. 012-643 AN ORDINANCE AMENDING CHAPTERS 5&6 OF TITLE 7 OF THE CITY CODE AS THEY RELATE TO RODENT,PEST CONTROL AND DUTCH ELM DISEASE CONTROL,RESPECTIVELY THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. That Title 7 of the Farmington City Code,is hereby amended by adding the underlined language below and deleting the strikethr-eugh language as follows: Chapter 5 RODENT,PEST CONTROL 7-5-1: DEFINITIONS: Unless the language or context clearly indicates that a different meaning is intended,the following term shall be given the meanings herein defined: • INSECT PEST: The term "insect pest" shall include grasshoppers,cutworms,army worms,European corn borers,Japanese beetles,European elm bark beetles,native elm bark beetles, emerald ash borer beetles, larvae or eggs, forest tent caterpillars,bee diseases and any other insects which the Village City may designate as dangerous to crops or the welfare of the inhabitants of the Village City. DESTRUCTIVE or NUISANCE ANIMALS: The terms "destructive or nuisance animals" includes such animals as rats,gophers,mice and other unprotected wild animals as defined in Minnesota Statutes 1961, Section 100.26,and acts amendatory thereof, which the Village City may designate as dangerous to the welfare of the inhabitants. DISEASES: The term"diseases"refers to such dangerous plant diseases,including Dutch elm disease and the oak wilt fungus.,and bee diseases as the Village City may designate as dangerous to agriculture,horticulture and forestry. 7-5-2: CONTROL: The City Council of the Village is hereby empowered to appropriate money for the control of insect pests,plant diseases,bee diseases or destructive or nuisance animals. Such appropriation shall be expended according to technical and expert opinions and plans as shall be from time to time designated by the Council and the work shall be carried on under the direction and supervision of the Council or such officer as it may designate.' 7-5-3: COST: (A)In order to defray the cost of such activities,as set forth in Section 7-5-2 hereof,the City Council of the Village may levy a special tax of not to exceed two(2)mills in any year in excess of Statutory millage limitations,but not in any event more than fifty cents(500)per capita,and may make such a levy,where necessary, separate from the general levy and at any time of the year as the Council shall deem necessary. (B) If,because of the prevalence of Dutch elm disease,oak wilt or emerald ash borer,the Council is unable to defray the cost of control activities authorized by this Chapter, the limits set by this subsection shall be increased to four(4)mills,but not in any event more than one dollar($1.00)per capita. 7-5-4: CERTIFICATES OF INDEBTEDNESS: To provide funds for such activities in advance of collection of the tax levies,the Council may, at any time after the tax has been levied and certified to the County Auditor for collection,issue certificates of indebtedness in anticipation of the collection and payment of such tax as provided by Statute. If the Council determines that an emergency exists,it may make appropriations from the proceeds of such certificates for authorized purposes without complying with Statutory provisions requiring that expenditures be based on a prior budget authorization or other budgeting requirement. 7-5-5: PEST CONTROL FUND: The proceeds of any tax levied under this Chapter or of any issue of certificates of indebtedness shall be deposited in the City Treasury of the Village in a separate fund to be known as the "Pest Control Fund", and expended only for purposes authorized by this Chapter. If no disbursement is made from the Fund for a period of five(5)years,any moneys remaining therein may be transferred to the General Fund. 7-5-6: REGULATIONS; SCOPE: The Village City Council shall adopt such rules and regulations as they deem necessary to enforce the control and prevent the spread of plant and animal pests and diseases. Such regulations shall authorize the appropriate officer the right and power to enter and inspect any public or private place which might harbor any pests,as herein defined, and shall require the owner of such premises to destroy such nuisances. In default of said owner to provide for the abatement of such pests the Village City shall provide for such work to be done at the expense of the owner and such expense shall be a lien upon the property thereof and may be collected as a special assessment as provided by Statute. (1970 Code) Chapter 6 DUTCH-ELM TREE DISEASE CONTROL 7-6-1: DEFINITION,NUISANCE: The following shall constitute a public nuisance at the recommendation of the State Commissioner of Agriculture,the Minnesota Department of Natural Resources and the University of Minnesota Extension: All living or standing species and varieties of elm trees(trees of€genus uUlmus) infected with the fungus known as the Dutch elm disease(Cer-at-estemella Ophipstpma ulmi) .... . , - . . . :... .., ,.. _ .. are hereby declared to be public nuisances. or which harbors any of the elm bark beetles Scolytus multistriatus or Hylurgopinus rufipes; Any living or standing red oak tree (trees of genus Quercus)or part thereof infected to any degree with the oak wilt fungus(Ceratocvstis fagacearum); Any living or standing ash tree, or any part thereof,harboring or infested with emerald ash borer beetles or larvae or eggs thereof(Agrilus planipennis); Any dead elm,red oak or ash tree or part thereof, including logs,branches, stumps, firewood or other elm,oak or ash tree material from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide,oak wilt fungus deterrent or emerald ash borer insecticide. clm bark beetle (Hylurgopinus rufipes), or any othcr carrier of said disease, arc hereby declared to be public nuisances. (Ord. 075 10, 5 19 1975) 7-6-2: ENFORCING OFFICER: The tree inspector shall perform the duties set forth in this chapter and shall enforce the provisions of this chapter.He may have such assistance as the city council shall from time to time provide for. (Ord. 075-10, 5-19-1975) 7-6-3: ABATEMENT OF NUISANCE BY OWNER OF PROPERTY: It shall be unlawful for any owner of any lot or parcel of land in the city to permit or maintain on any such lot or parcel of land any dead elm,oak or ash wood or elm, oak or ash tree which is a public nuisance as defined herein, and it shall be the duty of the owner of such to promptly spray,remove or otherwise effectively treat using current technical procedures which are accepted by such agencies as the Minnesota Department of Agriculture,the Minnesota Department of Natural Resources or the University of Minnesota so as to destroy and prevent the spread of Dutch elm disease,oak wilt fungus or elm bark beetles, larvae or eggs or other regulated tree disease tree or dead el ,,,00d under the supervision and direction of the tree inspector. (Ord. 075-10, 5-19-1975) 7-6-4: INSPECTIONS: The tree inspector is authorized and empowered to enter upon any lot or parcel of land in the city at any reasonable hour for the purpose of inspecting any elm,oak or ash trees or dead elm,oak or ash wood situated thereon and he may remove such specimens from any such trees as are required for the . .. .. - ., ., , . chapter diagnosis using current technical procedures,or to determine whether such tree because it is dead,or substantially dead,may serve as a breeding place for any carrier of Dutch elm disease, oak wilt fungus or elm bark beetles, larvae or eggs. It shall be unlawful for any person,firm or corporation to take any action to prevent the tree inspector from entering on any lot or parcel of land in the city for the purpose of such inspection or to interfere with the tree inspector in the performance of any of his duties provided for under the provisions of this chapter. (Ord. 075-10, 5-19-1975) 7-6-5: NOTICE TO OWNER: If, on laboratory analysis of specimens removed from any elm tree by the tree inspector, it is determined that such tree is infected with Dutch elm disease,oak wilt fungus or elm bark beetles,larvae or eggs . .. . • . .. ., - .: or if the tree inspector determines that any dead, or substantially dead elm, oak or ash trees,or dead elm, oak or ash wood is a public nuisance as provided herein,the tree inspector shall serve or cause to be served upon the owner of record of the lot or parcel of land on which such tree or dead elm,oak or ash wood is located, a written notice requiring such owner to comply with the provisions of this chapter. If any person upon whom such notice is served,fails, neglects or refuses to remove and destroy such elm,oak or ash tree or dead elm,oak or ash wood within sixty(60)days after service of such notice,the tree inspector may proceed to remove such tree or dead elm,oak or ash wood and bill the cost thereof to the owner of such lot or parcel of land and the amount of such cost shall be paid by the owner to the city. If the inspector finds that danger of insect infestation or spread of tree disease is imminent,the inspector may order any treatment or tree removal determined to be necessary to abate the nuisance. In all other cases,prior to any treatment or removal,the inspector shall cause written notice of proposed actions to be sent by regular mail or personally delivered to the occupant or the owner of the premises. Failure to give notice shall not invalidate the city's actions. The inspector may order any treatment or tree removal determined necessary to abate the nuisance. the lot or parcel of land on which an infected elm tree is loc -: • . - - ,. . circulation in the city. (Ord. 008 588, 10 20 2008) 7-6-6: PAYMENT OF COSTS: If the city removes from any lot or parcel of land in the city, any infected,dead or substantially dead elm,oak or ash tree or dead elm,oak or ash wood,which is a public nuisance as provided by this chapter,the billing of the cost of the work done by the city against the owner of the lot or parcel of land involved shall be in addition to the penalties imposed herein for any violation or noncompliance with any provision of this chapter. Unpaid bills more than thirty(30)days past due shall be considered in default and will be assessed a penalty as set forth from time to time by resolution of the city council.The city council may levy an assessment equal to such unpaid cost plus penalty against each lot or parcel of land from which the dead and/or diseased elm, oak or ash tree or elm,oak or ash wood has been removed : ,. . , - . . • - - ' '. e . (Ord. 083-158, 12- 19-1983) 7-6-7: ABATEMENT OF NUISANCE BY CITY: Any elm,oak or ash tree or dead elm,oak or ash wood on accessible property owned by the city which is a public nuisance as defined in this chapter shall be promptly sprayed, removed and-bumed or otherwise effectively treated using current technical procedures which are accepted by such agencies as the Minnesota Department of Agriculture,the Minnesota Department of Natural Resources of the University of Minnesota so as to destroy and prevent the spread of Dutch elm disease, oak wilt fungus or elm bark beetles, larvae or eggs or other regulated tree diseases under the supervision of the tree inspector at the expense of the city. (Ord. 075-10, 5-19-1975) 7-6-8: TRANSPORTATION It is unlawful for any person to transport into the city any infected,bark-bearing ash, elm or oak wood determined to be a nuisance. 7-6-89: PENALTY: Any person,firm or corporation violating any of the provisions of this chapter by failing, neglecting or refusing to comply with the provisions of any notice herein provided for, within ten(10)days after the service thereof,or,who shall resist or obstruct in carrying out the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than three hundred dollars($300.00)for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 075-10, 5-19-1975) . . . SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 21s1 day of May,2012,by the City Council of the City of Farmington. CITY OF FARMINGTON By: -� Todd Larson,Mayor ATTEST: t By: vid McKnight, ity dministrator SEAL Approved as to form the-2/6" day of May 2012. By: ity Atto Summary published in the Farmington Independent thed/day of 2 7 ,2012. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 012-643 AN ORDINANCE AMENDING CHAPTERS 5 & 6 OF TITLE 7 OF THE CITY CODE AS THEY RELATE TO RODENT, PEST CONTROL AND DUTCH ELM DISEASE CONTROL,RESPECTIVELY NOTICE IS HEREBY GIVEN that, on May 21, 2012, Ordinance No. 012-643 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that because of the lengthy nature of Ordinance No. 012-643, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the amendment adds the emerald ash borer beetles, larvae or eggs within the insect pest definitions under Section 7-5-1. The amendment changes the term"Village"to "City" throughout Chapter 5. The amendment includes Dutch elm and oak wilt fungus within the definition for diseases under Section 7-5-1. The amendment includes changing the title of Chapter 6 to "Tree Disease Control". The amendment further expands the nuisance definition under Chapter 6 to include verbiage regarding elm bark beetles, oak wilt fungus, emerald ash borer beetles, larvae or eggs. The amendment includes additional verbiage that the City's Tree Inspector may order the treatment or removal of an infected tree where spreading of an infestation or disease is imminent in order to abate the nuisance. Lastly, the amendment creates a Transportation section that states that it is unlawful for any person to transport into the city any infected,bark-bearing ash, elm, or oak wood determined to be a nuisance. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. The ordinance is also available on the City's internet home page. APPROVED for publication by the City Council of the City of Farmington this 21St day of May, 2012. CITY OF FARMINGTON dd Larson, Mayor ATTEST: By: avid McKnight, Ci dministrator Approved as to for this 'day of 7 , 2012. ✓ WAIF,By: _ `/ oel J. �'�C'� Attorney Published in the Farmington Independent the 2/ day of , 2012. 7-f 04-14, City of Farmington , 430 Third Strect Faa,rmington,Minnesota 651,2R0.6800•Fax 65L280,6899 w+ wci.ia rmingtantmati.u.s TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Text Amendments to the Rambling River Center Advisory Board Ordinance DATE: May 21, 2012 INTRODUCTION Periodically the Rambling River Center Advisory Board(Advisory Board)members review the Rambling River Center Advisory Board Ordinance (the Ordinance)to see if any revisions should be made to it. DISCUSSION Attached is an Ordinance Amending Title 2, Chapter 10 of the Farmington City Code concerning the Rambling River Center Advisory Board. Language to be deleted has been identified with a strikethrough and new language to be added is identified with underlined red lettering.The text amendments have been discussed and approved by both the Advisory Board and the Park and Recreation Advisory Commission. ACTION REQUESTED Approve by motion the text amendments identified in the attached Ordinance. Respectfully Submitted, Randy Distad Parks and Recreation Director 27 ORDINANCE NO. 012-644 CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA AN ORDINANCE AMENDING TITLE 2, CHAPTER 10 OF THE FARMINGTON CITY CODE CONCERNING THE RAMBLING RIVER CENTER ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 2, Chapter 10 of the Farmington City Code is hereby amended in its entirety to read as follows: Chapter 10 RAMBLING RIVER CENTER ADVISORY BOARD 2-10-1: BOARD ESTABLISHED: 2-10-2: APPOINTMENTS: 2-10-3: CRITERIA ADOPTED: 2-10-1: BOARD ESTABLISHED: There is hereby established,a Rambling River Center advisory board(advisory board),the purpose of which shall be to make recommendations to the park and recreation advisory commission on all matters of broad policy regarding activities,programs and operations of the Rambling River Center. The park and recreation advisory commission shall advance a recommendation to the city council on these matters. (Ord. 004-509, 6-21-2004) 2-10-2: APPOINTMENTS: Members shall apply to and be appointed by the city council as described in subsection 2-10- 3(D)and(G)of this chapter. (Ord. 004-509, 6-21-2004) 2-10-3: CRITERIA ADOPTED: The following criteria are hereby adopted: (A)Members; Officers: The advisory board shall consist of seven(7)members who shall choose from among themselves a chair and a vice chair. (B)Designated At Large Seats: All seats shall be undesignated at large. Membership should reflect the goals and concerns of the Rambling River Center. (C) Qualifications: Members shall be citizens of the United States and shall reside in the city of Farmington,Empire, Castle Rock or Eureka Townships. Members need not be senior citizens. 164385v01 1 JJJ:05/15/2012 (D)Terms: Terms shall be staggered so that there shall be continuity on the advisory board. Members shall be appointed for a three(3)year term,each beginning on February 1, providing for a rotation of two(2)members one year,two(2)members the next year and three(3)members the following year, et seq.Members maybe reappointed.Effective-with (E) Compensation: Members shall serve without pay,but may be reimbursed for reasonable personal expenses. (F)Removal: Members may be removed by the city council. The city council may consider any recommendations from the advisory board or the park and recreation advisory commission regarding the removal of any members. (G)Vacancies:A vacancy shall be filled for the remainder of the term by the city council per city council policy 101-05-1997. (Ii)Budget: The park and recreation director or designee shall review the annual operating and capital budget with the advisory board. (Ord. 004-509, 6-21-2004) SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED this 21st day of May, 2012, by the City Council of the City of Farmington, Minnesota. CITY OF FARMINGTON BY: /J To d Larson,Mayor A I EST: BY: .J avid McKnight, qty A nistrator (SEAL) Approved as to form thec7 t day of May 2012. B 11111. �• /Tel J. #ity;(rney Published in the Farmington Independent the 3/'day of 2012. 164385v01 2 JJJ:05/15/2012 6I ?...5 i r I 0 ec4 °c4 0 o o '� o '� a cc� 0 0 0 0 8 o o 0 o ° ° 0 ° 0 I 8I 0 111 g g g g g g g Q o o o rr 0 ° 0 ° § 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 o 0 0 0 Is iS a. fUp p wo V ° w z ° U 0 01 03g Z i U O O O U o (CI p � cwicWicwiccwiy vaa co 1 z kr gg F- — — cr - U m n n Z Z , a ¢ 5 o o p Q m J N y N ° ° Z F J J J J J J ?C ISRO 0 0 0 0 0 0 m QQ � � o m 0 y w m $ a a a oa o. a. M n. 0 0 a a a� 0 a U I N co co 0 co N 0 CD 0 0 1 O F l- F F F F F F w F F O. O. O. 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N '�V 0 N t0 t0 N N- il K U W o 2 N d w > a O °° CO Lef, 1— w C re Q' Y a LL U N o F c 'b O Z 2 Z 2 9 9 3 a 5 O O m W m 0 'J4 Z 0 a N a a a .. 0 Z 6 6 6 crl O 0 0 F F F a A [x Scc wr y a a < pay �. 0 O J Y p e �o�FAR�/yam_ City of Farmington g�ab& 30 Third Street c�""^--°y Farmington, Minnesota �1 651.280.6800•Fax 651.280.6899 Op4sT,41pRooaG www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David McKnight City Administrator SUBJECT: Supplemental Agenda DATE: May 21, 2012 Attached is the following supplemental item for the May 21, 2012 agenda: CONSENT AGENDA 7h) Approve Temporary On-Sale Liquor License Farmington Liquors This is to approve a Temporary On-Sale Liquor License for a wine tasting to be held at Flavors of Farmington in Rambling River Park on June 14, 2012. 7A tAiAR49/y City of Farmington 430 Third Street 1 Farmington, Minnesota <: s Fax 651.280.6899 4A'OSr.� aV www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Temporary On-Sale Liquor License—Farmington Liquors DATE: May 21, 2012 INTRODUCTION Farmington Liquors is requesting a Temporary On-Sale Liquor License for a wine tasting event to be held June 14, 2012. DISCUSSION This event will be held at the Flavors of Farmington in Rambling River Park. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore, the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REQUESTED Approve the attached application for a Temporary Liquor License for Farmington Liquors, for a wine tasting to be held at Flavors of Farmington, Rambling River Park, on June 14, 2012. Respectfully submitted, Cynthia Muller Executive Assistant t Minnesota Department of Public Safety t rt•, 4 Lk*" t. ALCOHOL AND GAMBLING ENFORCEMENT DIVISION P 444 Cedar Street Suite 222,St.Paul MN 55101-5133 fi QF^ '� (651)201-7507 Fax(651)297-5259 TTY(651)282-6555 " W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION Li DATE ORGANIZED TAX EXEMPT NUMBER '- CIA r (61 5-0 SO 2 C f a_. STREET ADDRESS CITY STATE ZIP CODE 11)9 gdvn ��,� r 1�°� 111 S . 51-6. � N OF PERSON G APPLICf TION BUSINESS PRONE HOME PHONE ��to . l s• . �f (6sp �2V 4-AC ( ) DATES LIQUOR WILL BE SOLD �/� i TYPE OF ORGANIZATION Q (7 , °!�`•o 'Goy r CL J: .:_� AB E .__ _OUS O 61 '. I •.tIM ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area,describe LI r . d (D s t l � 1/P7?✓i • ,r I!1 n G' a) 44' 5/int 6`o®•' Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. PP g q Will the applicant carry liquor liability' ce? If so,please provide the carrier's name and amount of coverage. Lea ty7A) Cille s 1.5 n✓ii//io' cer occ1-re $d rv�'t���., 7,9 re h APPROVAL APPLICATION MUST BE APP!''OVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY DAIS APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079(12/09) • /®a_ '% p Eh City of Farmington 4_2 430 Third Street 1, = Farmington,Minnesota 651.280.6S00•Fax 651.280,6899 www.ci.tiarmingtoltrnn.ur TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Veterans Memorial Committee Update DATE: May 21,2012 INTRODUCTION A presentation was made by Leon Orr on behalf of the Veterans Memorial Committee(the Committee)to the City Council on November 7,2011,requesting that a Veteran's Memorial(the Memorial)be allowed to be constructed in Rambling River Park. City Council approved this request. DISCUSSION The Committee has since been engaged in refining and approving a conceptual plan and fundraising to cover the Memorial's costs. Leon Orr,Chair of the Committee,will be attending the May 21,2012,City Council meeting to provide an update on the status of the Memorial per the request of the City Council during the May 7,2012, meeting roundtable discussion. Included in your packet are several exhibits that Mr.Orr will be briefly reviewing and commenting on. The exhibits are as follows: Exhibit A: Memorial's Final Concept Plan Exhibit B: Tablets Exhibit C: Vet's Memorial Pavers Sold Exhibit D: Vet's Memorial Newspaper Stories Exhibit E: Vet's Memorial 2012-2013 Budget Summary Exhibit F: Estimated Cost Details A meeting has also occurred with Staff,some of the Committee members,City Attorney and City's insurance agent to attempt to finalize details on a written agreement between the City and the Committee allowing the construction of the Memorial to occur. The final issue to be resolved prior to an agreement being brought forward to the City Council for approval is insurance coverage during project construction. There were three options discussed about how to address the insurance coverage and they included: • project construction would be managed by the City resulting in coverage of volunteers who would like to work on the project being covered under the City's insurance • having the Committee become part of the CEEF organization resulting in the project construction being covered under CEEF's insurance • having the Committee incorporate as a 501c3 organization and acquire its own insurance to cover project construction 52 Staff requested information from other communities about how insurance requirements were addressed during the construction of a veteran's memorial by a committee of volunteers and the following is a summary of the information received: • City of Chanhassen did not require insurance from the Committee that constructed the Memorial • City of Stillwater required insurance from the Committee that constructed the Memorial • City of Rosemount did not require insurance from the two different Committees that constructed two different memorials • City of Lakeville allowed project construction to become the City's responsibility and thereby the City's insurance covered volunteers when they worked on the Memorial This issue will need to be resolved before an agreement can be fmalized for approval. 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(D, CO 5;0 C CO 0 17 3.43 0 M 0 cr. ,P- = W• al CD in 7 .11 En3 mu `• A ,)i,vt 4.it.) ■44:k i- ,?rr ,osiklif 4 59 FARMINGTON AREA VETERANS MEMORIAL, Rambling River Park • Farmington,Minnesota List of PAVERS (120) Alphabetical(by last name) (Updated May 14,2012—If an omission or error is noted,please notify us) These granite pavers are 8 inches X 20 inches and 2 inches thick. They will be located in the memorial in accordance with"The Plan". The veteran's name,branch of service and the years in service or war,if applicable,will be engraved on the paver. The pavers are provided with a donation of$350 each(tax deductible). The cost of each paver is about$150,thus each paver provides about $200 toward some of the basic memorial construction costs. VETERAN NAME SERVICE BRANCH WAR OR YEARS GIVEN BY --Patrick Akin Navy Nancy Akin --Darold A. Ashton Navy 1957-1962 Darold Ashton --James R, Beich Air Force 1981-2001 Bev Ersfeld --Rodney D. Beich Air Force 1983-2005 Bev Ersfeld --James C. Bell Air Force 1970-1972 James Bell --Fred H. Bergman Navy 1953-1957 Gretchen Bergman --George A. Betzold Army Korea George &Phyllis Betzold --Brandon C. Beyl Army Iraq Grant&Germaine Beyl --Grant I.Beyl Army Vietnam Grant&Germaine Beyl --Grant M. Beyl Army Iraq/Afganistan Grant&Germaine Beyl --Irvin A. Beyl Army WWII&Korea Grant&Germaine Beyl --Robert O. Briesacher Bonnie Briesacher --Everett A. Christensen Army WWII Larry Christensen, Sheryn Hayes and Charlene Pettis --Earl C. Clay Army WWI Marion Clay --Bruce T. Clayton Bonnie Briesacher --Lawrence F. Daily Air Force WWII Harriet Daily --Stanley DeBough Army 1971-1974 Stan DeBough --Francis J. Deegan Army WWII Jim Deegan --James E. Deegan Army WWII Jim Deegan --Anthony F. Derner Army Korea Anthony Derner --Lane Efta Lane Efta --Leroy R. Ehlert Air Force WWII Lorraine Ehlert --Norris A. Eidness Army --Ronald Ersfeld Air Force 1951-1956 Bev Ersfeld --Wayne Field Army Maria Field --Jonathan P. Field Army Iraq Angela Field --Dalton C. Finstuen Army 1954-1956 Karen Finstuen --George E. Flynn,Jr.Army 1954-1956 George&Sharon Flynn --William P. Frame Navy Vietnam Jean Frame --Donald Gamer Marcia Gamer --James Garvey Colin Garvey --Gerald W. Graham Army 1964-1967 Gerald Graham --Arnold J. Gregor Navy 1954-1972 Ann Gregor 60 --Glen Grove Harriet Grove --Glenn Guildner Glenn's Children --Ernest A. Hagen Army WWII Jeanne Gerold --Clyde Hansen Air Force Clyde Hansen --Matthew J. Hayes Navy Iraq Sheryn Hayes --Vernon Herberg Navy Vernon Herberg --James L. Hoeppner Navy 1967-1973 James Hoeppner --LeRoy A. Hoeppner Army WWII Family of LeRoy Hoeppner --Richard J. Hunter Navy WWII Spencer&Carla Hunter Brian&Sue Miller --Verl Ives Army WWII Grant&Germaine Beyl --Ralph Jensen Army Florence(Jensen)Mapes —Andrew E. Johnson Army WWI Lucilla Johnson --Harlowe Johnson Navy WWII Tom Johnson --Phillip L. Johnson Army 2006-2012 Wayne Johnson —Ronald J. Johnson USMC 1982-1986 Ron Johnson --Ryan Johnson Army Iraqi Freedom Ralph A. Johnson --Vernon E. Johnson Army WWII Lucille Johnson --Robert E. Kindseth Marines 1961-1966 Donna Kindseth --John C. Knoph Air Force Jan Knoph --Keith L. Kramer Coast Guard 1964-1968 Keith Kramer --Kenneth Kuchera Army Theresa --Frank Lamberty Frank Lamberty --Harold J. Laursen Army Air Force WWII Joan Storlie --Paul M. Leidner Army Air Force WWII Paul Leidner& Catherine Hoeppner --Merlin B. Lueck Navy 1949-1953 Norma Lueck --Bernard H. Mallery Army Bev Preece --Duane Mallery Marines Korea Bev Preece --Earle Mapes Army Florence Mapes --Paul E. McGuire Army WWII Erika McGuire --Ben D.Metzger Army 2009-Present David&Kelly Metzger --David P. Metzger Marines 1982-1986 David&Kelly Metzger --Xxxxxx Meyer Jim Meyer --Verlyn D. Meyer Army WWII Marcia Gamer --Brian L. Miller Army 1977-1987 Brian&Sue Miller --Howard C. Miller Army WWII Brian&Sue Miller Spencer&Carla Hunter --Charles Nelson Navy WWII Thomas Nelson --Edward Nelson Army AF &Air Force WWII Douglas E.Nelson --Fredrick Nelson Air Force WWII --Mary Nelson Air Force WWII --William Nelson Army WWII --Daniel H.Nicolai Army Castle Rock Bank --Mark N.Nicolai Army Castle Rock Bank --Andrew T.Nordseth Air Force/Army Grd. 1992-Preesent Helen Nordseth --James E.Nordseth Marines 1966-1969 Helen Nordseth --Ordell T.Nordseth Army Air Force WWII&Korea Helen Nordseth --Thomas M.Nordseth Army Guard 1969-1975 Helen Nordseth --011ie Nordvik Army Castle Rock Bank --Leonard Novitzki Navy WWII --Leon W. Orr Air Force 1954-1959 Leon&Bev Orr 61 --Lee W. Orr Air Force 1977-1981 Leon&Bev Orr --William A. On Army 1976-1980 Leon&Bev On —Mike Pelach Army WWII Marion Pelach --Roger J. Peterson Air Force Roger&Jan Peterson —Dale R. Pettis Navy Jason Pettis --Darin P. Pettis Air Force Gulf War Sarah Pettis&family --Kenneth R. Pettis Navy Vietnam Charlene Pettis&family --Ray A. Pettis Army WWII Rex&Dorothy Pettis --Rex A. Pettis Navy WWII Dorothy Pettis —Roy E. Rademacher Army WWII Family of Roy Rademacher --Norris A. Eidness Army WWII Nancy Radman --Rick Richert USMC 1982-1986 Rick Richert --Donald G. Rose Navy Koreaq&Vietnam Lynne Royce --Raymond P. Rother Army WWII Raymond Rother --Russell.W. Royce Marines WWII Ronald&Randi Royce Deborah&Stephen Palo --Thomas J. Ryan Navy Vietnam Steve Finden --Gerald L. Sacks Air Force Korea Gerald Sacks --John E. Sauber Army WWI John's Descendents --John P. Sauber Air Force WWII John's Children --Louis E. Schmitz Navy WWII Louie's Family --Robert Schneider Loretta Schneider&family 1 --Robert D. Shea Air Force Joan Shea --Robert W. Shirley Army Korea Robert Shirley --Roger H. Shirley --Monte R. Sprute Army 1958-1960 Gale Sprute --Donald Thelan Thelan Family --Ronald J. Thelan Army Ronald&Doris Thelan --Eugene A. Thurmes Navy 1950-1954 Gene&Pat Thurmes --Kenneth(Bud)Tibbetts Army WWII Tom Ryan --Brent G. Tullar Navy 1963-1966 Joseph Tullar --Joseph B. Tullar Marines 1990-2010 Joseph Tullar --Darrell E. Valek Army 1960-2000 Charlotte Valek --Francis J. Valek Army Francis Valek --Matthew D. VanValkenburg Army Iraq Daniel &Sarah VanValkenburg --Emil Viskocil Air Force WWII Cindy Bodin --Carrol J. Westenburg Navy 1956-1959 Carrol&Barbara Westenburg --Roger P. Wood Navy Korea Roger&Shirley Wood --BZ Wood Army WWI Roger&Shirley Wood If there is a veteran in your family or that you know that would to have a paver to recognize them for their service and support the funding of this Veterans Memorial, please click on the "Contact Us" selection and let us know. 62 e)th'ilpii- t) WE ARE INCLUDING SOME DAKOTA COUNTY TRIBUNE NEWS ARTICLES FROM WWII. THESE AND OTHER STORIES LIKE THESE ABOUT FARMINGTON AREA MILITARY MEMBERS WHO LOST THEIR LIFE IN WAR ACTIONS IS WHAT DRIVES THE COMMITTEE TOWARD THE ESTABLISHMENT OF A VETERANS MEMORIAL IN FARMINGTON. THEIR SACRIFICES MUST BE REMEMBERED. A PART OF THE MEMORIAL WILL BE AN OUTDOOR DISPLAY CASE WHERE SUCH NEWS ARTICLES WILL BE DISPLAYED ON EACH VETERAN THAT HAS HIS NAME ENGRAVED ON THE BLACK GRANITE UP FRONT IN THE MEMORIAL. t tans wool i i • i tie was a member of St.Mich c 'Robert Martin . Miss{ , eel's Catholic church, where h tr � • :g , was a regular.attendant. Robert attended the Universe Is •Reported Killed In 'l�ciion�°f �° and �c 7gay13F; at the l3oplier.Ordnance Plant before entering service May 13. _ War Dept. Wires lair. . •.•• __ •..•. :`t .__.••••,,� p . Parents He trained at Camp • ' �- After" Nearly Year Of In- Oregon;n was among Spa few .:\.,�„•'• a \ :iaC.':(e:5v'`:':: SpeelBdist� chosen ttend a•,s' Training Plan (AB •�Sn 3 It x<);�.%�+�:i at' 411 €� x : veatigation—Killed On� � e, y Rhine River tinned"dttraalnnfing'at Camp i b�.1 f y Calif.,and Port Benning.ffa.,be-' sEx c 4';1; A telegram stating that Pfo. fora going'overseas iu January,• • �� rx::� Robert D.Martin had been killed 1848. He served with .the 271st{ a,1(>$1,1`e... K in action March 27, 1945, was re-i Enghleer Bn', and-was killed "zroµ,;t,4••1' � �t '' calved here by his parents, p { action March 27; 1945.' ts, Ca t. The entire communit , s= . and Mrs. Elmer A..Martin, Is'r! t sad- � dewed, in the loss of this well • �=x s .r day. He had previously been re- known. and...highly respected z ported as missing in action.Capt. >;1 Martin, who. expects to be dis- young soldier. • ta -, `';<`t €: •;w charged soon, is stationed' at, survived in his immediate.family, y; ° > } * rte S The telegram•from the adjutan OReUJy QeYieral n Martin �, ;I: ,.• °�a general follows: °sP ' at; Springfield, Mo., and Miss Mary: r 3 "The secretary of war has Martin a high school teacher at asked me to express his deep Cannon Falls.Minn. — ," �� regret that son, Pfc. Y ? . h • Martin, Robert D., was killed • ,• :. a: e • in action in European area ` 27 March 45. •He was pr- � viously reverted missing in action.I regret that unavoid- ROBERT D. MARTIN necessary circumstances made it necessary the unusual lapse of •time in .reporting 4 your son's death. Confirming let- ter follows." Through the efforts of Con- gressman Joseph P. O'Hara, the War Department,'Robert's com-. mending officer, Capt. Martin's{: army friends and others, the fol- lowing facts concerning the young. soldier have been learned since lust March- Robert was one of three coin- ':hit engineers who was on a re- •turn trip across the Rhine river. !near Mannheim, Germany, after a volunteer mission. They had taken combat troops to the Ger- man-held shore, and on their way back, they drew fire from the enemy. Pfc. Martin and a com- panion chose to Jump out of the boat into the water, it is thought, to get under cover. The third engineer piloted the boat back to I the American-held shore. • The body of Robert's compan- ion was found last year and his :•rave located in a cemetery about 12 miles from the scene of battle. In December a letter front the \Pour Department assured the :1_tAles that a special assignment Itia3 working at every possible angle to find evidence of the Auerican tnissi1l percowl.'1.1101' .halt(if no further Information was available. Robert wuuict be de- claret( dead by (lie War Depart- . ment, atter cite year had passed. Since this telegram cone:: before a year is over, it is believed that more information rerar:ling Rob- ert will be reheated in the letter which is to follow. • Robert David Marlin. the son of Elmer A.and Katherine tCirre- bin) Martin, was born July 31. 1923, in Farmington. He grew to young manhood here and was graduated front the Farmington high school in the class of 1941. being one of the highest in swhol- astic honors in his class. Robert was also a football star, playing right tackle. Besides being an excellent stu- dent and an athlete.Robert was a favorite among his schoolmates. He had a keen sense of humor ,anti a natural wit that brought much happiness to his friends and himself a”"d carried them over the rough"Ices In lite. Iii ii j'Y it,. `( on y'r' 1{ i t, !r•CLi.,, ed , 4 i hi, }I, ra i.� ,. icho1a, id II ., . ; . . .: i f ' ill i 'Of I ' .'. I I les , - . J. otinds • 1‘ . , Clayton tliMed on D-Day— Nicolas Dies Six Days After 1 Being Wounded In France { Message Arrives Just Two' I, --With Tank Division Months Later, On Sunday' 3rd Hamptonite Killed _• i Evening ! Relatives in Eastern Dakota • • Farmington village suffered her county received the sad new this ' first casualty in World War II," week, that Technician Corporal It was announced at 0:30 Sunday Nicholas J.Hoffman, age 21,had 1 evening when a. telegram from died June 24 in a French hospital 1 the.War department said Pfc. after being wounded in action on Chtyton (Jiggs) Snail, 21-year- the battle field of France,June 18. • old son of Mr.and Mrs.Ed SYPal. This message was received just , had been killed in action in pour days after the first message . t France on D-day, June 8. Thwi sent by the government, which, , Message to home folks was re- stated that he had been seriously ! • cawed exactly two months after wounded in action and the war his death. department asked all his family A powerful and courageous in- fantryman, and friends to write to him and I ly placed Clayton was proead advising that each member of his . the attack on a unit Nazis i spearhead family might send a five word is . the attack iI the Nazis ome hing telegram, which they did, frame- d First inkling' that something had happened to the young sold- diately. The department also said ' ,•v1 , y r , -:1:j. 1' ! ler was received at the Tribune he was receiving the best care eN''• ° t, .'.M,11° B%j : office two weeks ago, when a possible m a hospital in France r t.- ;x � t_5 A ti government card came notifying `Nick' as he was known,a soil Ice at�F us that Clayton's paper, correctly of Math and Veronica (Wieler) . -,, ,' ',;JJw bi addressed,had been unolabned. A Hoffman, was born at New Trier. ; 6, ,, ea similar card was received here Oct. 11, 1910 and attended paro- ;i�ptt -.,7%,..'° ,,• 5 J# A t Jr two weeks before Pfc. Melvin chiwwl school there,after which he { ■ ,- . , Gores was announced as killed in helped his folks until August •.'K, , .`'P �' nc action on D-day, 1939. He was then employed by " • h"� 1` .- Clayton Sypal was born Feb- Verdie Volden on road work and r 1 wary 7, 1923, in Kimball, S. D„ later by Louis Zimmer of Farm , n , , r j'-'1,;:-;;',' 4 :' the youngest son of Edward Si- ington as an oil truck driver n`�'y ,'a pal and Bertha (Urban) Sypal. After that he worked at the I r 4 o f%++ '''N=.%;4.:4-'.:**.' He moved here with his parents Schroeder Standard station in , ,,,,44',4,‘,.,`„,. 4 +" ;+/' " ` • hi 1927 and attended tte local 1 N l" '.., - Farmington and then he drove a � � *'��?1 fi`� �� � ;:��� school. He was a faithful carrier truck of his own for the Standard ;, .,40,"..-,..`r'' t a +s,:,y ti,1 de for the St. Paul Dispatch-Pioneer Oil Co., until he was inducted + �, � +_;14 „Press and it was while engaged in in the service. z ' �., ;"c this work that friends save him He received his training at t k'-,4 A�� t <-i�<;j hi] �'y " sic the nickname of "Jiggs from Came Wolters Texas,Came Hood, M f'� $ • , .; ��:ktlfi sh Y I the popular funny feature. He _Vexes, and Pine Camp, N. Y ,- 1, • <.l ,�wtte i later worked on the railroad sec- From there he was sent overseas : , $ �.; �'�`'� olc sec- tion and also for Ben Erickson z ,J '. <h ,, s,A ,,, k June 1943. He served in a tank rig - ,�, , �.,, dra He was f ed forces battalion 1n England until the td He was inducted ibex the arm-, invasion of Fiance, in which he 4 0 , r$k+l ;wra training successively essiD iveellyb at 24�camp took part. The last letter writ- ,!Y;;� Y� 3,� j, i, x c'F� r 2�UP •Teccoa, Ga.. and Camp Croft, S. ten by him and received here was ±1� r •, _-:' June 8, 1944. C., and arrived s is England before During his residence here he a June, asio He a year aefure par! r•r.4vmnM 1mracl cVV41. the invasion.He never had a fur- gained many friends and he joined ;• lough. the Knights of Columbus,Council When Bob McDermott, Sr., de- '400, which is connected with St. 9,$.,;;;,,,r 4,,,,,...=:r,.v+.,,-- livered the telegram Sunday ev- Michael's Catholic church. , ening Mr. and Mrs. Bypal, who Besides his father, the young ',r ' , c hadn't heard from Clayton for a corporal is survived: by his two w 1 long time,said they surmised what brothers,and five sisters,namely: r ;-,�r i ,, ,�, i ` had happened before they read the Pfc. Frank Hoffman of New r,` ,,,, 4,-,,,k,11-4'-t.',',tea n i message. • Guinea: Firs. George Wetderholci <s , ,x.F;,,s , f ii 1 Besides his parents, Clayton is of Ivleisville: Mrs.Andrew May of ,xY " „,P41,. :,•.,,' .s��� ,; , survived by three sisters and two Farmington: Mrs. John lrrthum. a , . :.- brothers, Mrs. Robert Ristow Mrs. Alois Fox of Cannon Falls: r Vigian) of Farmington, Pfo. and Henry Hoffman of Randolph: E d Sypal, somewhere in the also his fiancee, Janet Fox who . 5,� ,'"#r it,• x , \, Ithe South. Pacific, T/4 George resides at Hastings.Minn• r + >• r. � •, e Sypal at Came Boivie,Texas.and A Requiem High Mass will be; } § , Genevieve and Dorothy at home. held Monday, August 14th, at `` '.t • f ' � r l f George was notified by long Ws- St. Joseph's Catholic church at 4,90:',,,'. ,.n,<sv ;,. . u , twice telephone. Meisville. with Rev. Father M. J. ' E -'s, „t 4 ,lt 1 "Clete" was a quiet inoffensive Duhr, officiating. ��' s: ii # ' I chap: perhaps he never had an _< S p enemy, butt a host of friends are , -,__ "` f� • I silent with sadness as they realize !i "I;st,4;,.�,1 t; Kiwi 'me-Q.1$ 4 1'� ,' k y that he has paid the supreme ,pa.u. i;w,.• ynf t }I � ,,,, ,i,,,,,,,,;,);,„1,,..,..,,..,c� ,F i7y• sacrifice. The community extends r1{,•.a,y' , , ",.'9'1,40*-.t j s ,6 ;y }� ¢ �, i' , ([Jt' Y U F {, k � r � �� °4f1 '��e�u �v.a4 sincere'sympathy to the bereft ` O;111y ry ply`�' r . ` A Ie• 1r `i lu:• family. ',,ifo`, j try ' ' ?` t;t • r i;.�'7=s .. ,,1 ` A Memorial Mass was held for fI�1,,r,,ti ', i 1 t , r ' the deceased hero, Thursday ',Tit; k �Vie`y?�lF%�4` 4 "�• <s, 4 3 vo` dr morning,Aug.10th,witll:1levr P'�. +�j"w', i k a ;A ; r ' ,+-=+ �,,George,Hogan officiating; t�$t st�.�t{�, 1 '•{+y s, , . ,,chael's•church .The�Qlifford 'A. 'd irt;. . .,,,,,t:, ';�;\..,• .. •":..mina. hrretvnium T.•H[kG`[,ywr&N P hn I , lli 't `� !":• l► Son of Mr. and Mrs. Walter f ' t,.,,>•,t;; Jac •`.a"'..4'...!,�;,;. i, X19, ; 1( ` Wood Dies In New Guinea, h� sx,':10-lszi,,°3 ..+y `t Says Message Prom War r � r 4 '04-10k.''.4- ' ,-S ' £ " °Department ©- i ' : .' Dakota county gave another'son `.,,;.F : ,)ns :j c ,;4 to the cause of liberty and free- • L-, ,, ° :; A a,, R„�aa dom, it was learned Monday at- -' , ,E. ":‘'fit,','f 9' ternoon of this week, when 14r. t }ry s3 ,2��'' g+t+ ,'{;j, . and Mrs. Walter Wood of Castle �; t 1 r �- is �� ,, Rock,received a telegram stating y`",�k r,°4 :' " i;a'i:'•• that their son, Pie Dean Wood, ter r` ' c +, 5 t f, ), age 28, had been killed in action 6 ft't4? s` " '4, E< � i'.',1 33 �u�t4 at New Guinea, June 22nd. " ,kv �;, ?�"t r ,,. The Woods reside on highway a ' ,s,,,' tiro. ,1 z I 218, one-fourth mile north of t * x�' l Castle Rock Gardens. a ,', .5-'0.1 Y - y, t T This blow comes to the Wood ,ta-( �)„'`?}, , 'x I ; family following two storms; „' 3r y , ? 4.1 �^•,,: Nall a hail storm Thursday,June 22nd, 'A f' s,,,,! 4 j s and a wind storm, June 28th, sF e fY 3' z- i It,, which destroyed their crops and sX `',-, 4 ''{),si t damaged some of their buildings. i n •rA 4 1,, J 'r; �>4 i Mrs,Wood received a very Jovial ,xn'i-xs lid{`:'* 'f letter from her hero son recently, Y"* ,r '.r ,�-' '�fr ' r 1, ; which was written June 18th, Esy-, t c r, \1t F just four days before his death, ;, -ter; 1,; 3 '',',1,•:',5."•,,,t s�' ' ' when he assured his folks that Vie" *: r a '.? ` he was well and feeling fine and • ' asked them not to worry as he PFC.DEAN O:WOOD I was all right.The sad news Mon- v /'41) day was the following telegram: ' - -- o q "The secretary of war desires Ca t. Edward Nelson /) AA me to express his deep regret that -our son, Pfc. Dean Wood was Promoted, Honored. killed in action, June 22 in New I/'/ Guinea. Letter follows. t71io, The Nos gs S® Missions /{4 qdi utant General." �[/ Dean Orlo Wood was born June •-,-:. ;.q 4,:,•^ ,,,i, _` '• " 1919, a son of Walter and '=4;iry:':'r` ,• ,"y,Y`?... 61 4, ,c 1..- r Nellie (Lace) Wood,on the Wood `- , s y ' f` ,-,`.i,���s_` 1 I homestead, 1%miles southwest of ,;</ . j {a (FEW t'• Castle Rock. le attended the ,,,,,,,J:(5,- 1' ton ihigh school. He entered mill- r r ,L'°� ` ',Sss�(� �K, Lary service at Fort Snelling, y it ° ¢ s 3,- ,''aS, ,V� 'ltune 4, 1941 and went to Fort ss i. '' t/ ,,;' '' X'�� {'u'�'rr, Leonard Wood,Mo.on June 10th. 4%, ,•;,,t3. ,,, r , r:ce•• • While training there he was 1� 4 , i},- • ,`k r home on furlough the times. I , y y. ,.0 l;I He was sent to Camp Luis' '(°r • -"`. . y'r,ir', �%`'�` 1 x3,• '• Opisbo, Calif., from Fort Leonard .,�".�c{;: (i z ')' '' � k,, I Wood, and on Sept, 20th, 1943, '.., ".,'i.' 41l, x4�a ?1 I he went to the Hawaiian Islands c-,,,,,'�, ' -.t e , , to.. tl,,,.4, f��pd����, y'. gill April 'l 1943 was the last date +_' x..,,,,,; Cr]fi� .r® 1. which he visited the home folks. it+; '{, ,-$S3,tt�1.1 �� Pfc. Wood crossed the equator ..",,e,"1:,'���a y3a4 i y,,� ,1 ' 1 d� Into New Guinea, January 8, r yr r tt r ° �, ;�}'A 1 L�; 1944,where he has been stationed , t „�f ,f +4yua�t'r 6C',' ever since. ,i,',``7..-,4 ), ' x FI ;' i.'/- lic{l , ' Dean is survived by his parents. - two brothers,Curtis and Victor at CAPT. EDWARD NELSON �,� � $ ®niie 1,® vv&96' home and one sister, Mrs, Otto Edward D. Nelson, son of Mr, I, Leidner (Evelyn) of Farmington. and Mt . R. IF. Nelson, was pro- " Memorial services for Pfe. muted to a captain, August 23, t',, •,7,.'_- ••--. - � , Wood, will be held Sunday after- according to a letter received this ,t't 4"t''°�'.{' '�',,a , 1 /� noon at,McKinley chapel, Castle week. 4° , 4 r t',. r He has also completed his first rs '�31,u, F, Klaus 2:30 p,m.,with and Leroy tour of duty with more than fifty ° u�.V1: r�n t,a,;t ` �, �� Klaus of Northfield and Rev. missions; nine of the crew, who 1 '� r ' 7( s � cif�l Forest Strnad, new chapel pas- f ";+0 ttl ei ' i tor, officiating. accompanied him overseas have •,,, ,,-• „ , •,_ Friends and neighbors stand also completed their required i E�q tiJ,t �x�1 Yl} I:_ by.willing m aid and comfort the missions without inhales, -the 1 ; .r � $ 4 4 8, -_ � ypr 4, i u+ �� �i*� r,f r f• / � �:` _ ,. l, " 1 gli A � , • . . . yr. ._ _ __, . ....,.,_:_ ..... # I �' . 7.i.......:,..,... ..„...„.. .__ .,,... ,,, ... ....,„,..,, .„....._„,...4„.....,.,. „ .„..,,,,,...:,..,,, .. . • , ,,i4,' • .41 ..7. . .. _. .. . ,T ? . . .. • , . . • • • • •• . • . • . w ' • • w 67 E r 'bit [- FARMINGTON AREA VETERAN'S MEMORIAL SUMMARY OF ESTIMATED REVENUE/EXPEBNSES FOR 2012/2013 Updated May 16,2012 RESOURCES-Phase I(2012) CASH REVENUE SOURCES AVAILABLE FOR PHASE I-2012 Cash Received/pledged $37,000 Sale of Pavers (135 ea.) $47,250 City Parks Dept.. (walkway) $3,000 TOTAL CASH $87,250 PROFESSIONAL SERVICES DONATED FOR PHASE I—2012 Total From Detailed Costs $49,800 TOTAL RESOURCES AVAILABLE FOR PHASE I $137,050 EXPENSES-Phase I(2012) TOTAL PROJECT DONATED SERVICES FOR 2012 $49,800 TOTAL CASH EXPENSES FOR 2012 $66.800 PROJECT COSTS FOR 2012 FROM DETAILED COSTS $116.600 SUMMARY-Phase I(2012) RESOURCES AVAILABLE $137,050 PROJECT COSTS $116,600 CASH SURPLUS(SHORT)FOR 2012 $20,450 2013 SUMMARY REMAINING CASH FUNDS FROM 2012 CONSTRUCTION $20,450 TOTAL 2013 INSTALLATION COSTS(FLAG,SOLDIER&PAVERS) $91,750 REMAINING FUNDS TO BE RAISED FOR 2013 INSTALLATIONS $71,300 68 czu 0 W W ' C) C) o C) C) C) C) A ►d co c, o C o . d St h P n o y o -pa o o u t y u o o a tli 8'° fa a a V-1 S o 01 o o 4 Co P y 0a ° ` ° o cn CD co CD a 5' a o . • 0 a P o ,. 613. c ,, D, p ' O O O O O N C� N 0 r- o r O PD a o ii „q CA 0 N rt, 0 e k a s p w Ali' W. of '-' `'� ��r may' LA 'VI �7 w p .7 ' d w ►y N w 'xi 'g p P o x a, w .1-4 0 a cA r+ c E.w r, o - t . n i 0 07, [ pz rii n a y b - �-• rn ta u.) •-• •--, •-. .A ON N 0 w IV cu � ' � w C 00 p P 00 a. 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W rP e o o 0 b in o o 0 o o fD• CD CD CD 00 0 CD 0 0 0 0 A CD 0 0 0 6A * EA EA EA EA kel z tel Z Z Z GA t� EA EA 'O EA W LA ON '-' U O O\ O o 0 LA '-' '••' ttn cin 0 0 0 00 CD 0 A A A 0 0 0 0 0 0 0 0 0 70 /O6 -'o ��, City of Farmington ;` ;r 430 Third Street !- 1 Farmington,Minnesota 14''� �° 651.280.6800•Fax 651 280.6899 it.*rel0 ww.ci.tarmingum.mitu TO: Mayor, Councilmembers and City Administrator FROM: Teresa Walters,Finance Director SUBJECT: April Financial Report DATE: May 21,2012 Enclosed is the financial report for the month of April 2012. Below is an explanation for variations from the budget. If you have any questions prior to the meeting,please e-mail me at twalters @ci.farmington.mn.us or call me at 651-280-6880. General Fund Overall General Fund Revenues are at 4.25%of the budget. Tax revenue is not received until June/July. Without taxes,revenues are at 24.42%of the budget. 33%of the year has passed. In comparison, last year at this time,revenues were at 19.7%of the budget(without taxes). Expenditures are at 29.7%of the budget. This is comparable to last year at this time. REVENUES - Licenses: License revenue is at 78.7%. Last year at this time we were at 56%of the budget. Animal licenses are payable every two years;they were due this year. - Permits: Permit revenue is at 26%which is approximately$24,000 higher than last year at this time. - Fines are at 24.3%of the budget. Last year at this time we were at 26.3%of the budget. - Charges for services are at 23.5%, compared to 20% last year: This is seasonal and will increase during the summer months. - Investment Interest: This is at 23%. Last year at this time we were at 15%. Most of our investments accrue interest;therefore, it is not received(or recorded as revenue)until later in the year. - Franchise fees: These are usually received 2 months following the quarter. We will probably receive our first payment of 2012 in May. EXPENDITURES Overall expenditures are at 29.7%which are well within budget. 71 Recreation Budget(Included in the General Fund): Rambling River Center: April expenditures exceeded revenues by$14,991. Since the RRC is part of the General fund, it is not expected to cover its costs. Revenues are at 41.7%of the amount budgeted. This is due to membership renewals early in the year. Expenditures are at 31%of the amount budgeted. . Pool: Preparation has started for the upcoming season. There has been$4,941 in expenditures so far this year. Expenditures so far have been for electric, gas, insurance bills and supplies related to starting to prepare the pool for the upcoming season. Special Revenue Funds: The Special Revenue funds are established to account for specific revenue sources(grants)or to finance a specific activity. A plan to eliminate deficits will be discussed during the budget process. The following is a summary of some of the special revenue funds: EDA: April expenditures exceeded revenues by$363. With transfers,this brings the fund balance from a negative$122,088 at the end of March to a negative$103,701 at the end of April. The 2012 budget includes a transfer that will eliminate the deficit by the end of the year. Ice Arena: Ice Arena expenditures exceeded revenues by$15,426,bringing the deficit balance from($223,236)at the end of March to ($238,662)at the end of April. Enterprise funds: The Enterprise funds are self supporting and do not need fmancial assistance from the General fund. Downtown Liquor Store: Expenditures exceeded revenues by$12,924 this month. As you recall,we transfer$70,007 from the liquor stores each year. This equates to $5,834 per month, which is split evenly between the two stores bringing the amount to $2,917 per store. After the $2,917 transfer to the General Fund,the fund balance is reduced by$15,841. The January column was adjusted to add$13,925 to the expenditure for rent entered onto the system after the fmancial report was completed. Pilot Knob Liquor Store: Revenues exceeded expenditures by$6,669 this month. After the $2,917 transfer to the General Fund,this contributes$3,752 to the fund balance bringing the total fund balance in both stores to $390,432. The fund balance includes approximately$330,000 in inventory. The January column was adjusted to add$9,873 to the expenditure for rent entered onto the system after the financial report was completed. Sewer, Solid Waste, Storm Water, Water, and Street Light Utilities are all in line with where they should be at this time. Graph: The graph shows that the General Fund's fund balance is negative$292,572. Last year at this time,the fund balance was$79,050. Taxes will be received in June and July. 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N N "-1 i 1 I . fr 9 r N ' � O o woman r Cr) co • 3 o L « ti a U1 • co a {4 I- E C MINOMIM ° CO 2 11:1 LL O M • m V v • Nom 1 CI o mew unwieumma N dowitmemmmimmon LL o 0 0 CO r» 0 CO CO Cr; ri H ri ri 69 E9 8 3 o uele8 punj 0 F E LL U / :�'`` 191-4 City of Farmington ,y 't� 430 Third Street b Farmington,Minnesota °° 651.2R0.6R00•Fax 651.280.6899 `w.,.°01°0 ' w+t tiv:ci.laarrnin3*unn.nin_us TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Lake Julia Parking Lot Quotes DATE: May 21,2012 INTRODUCTION As part of the improvements to Lake Julia Park, a parking lot was proposed to be constructed off of 187th Street to alleviate neighborhood concerns related to on-street parking during games and events at the park. DISCUSSION Plans for the parking lot were prepared by City staff, and quotes were solicited for the work. The following is a summary of the quotes received: Contractor Quote Bituminous Roadways,Inc $ 31,618.00 Pine Bend Paving,Inc. $ 33,795.86 McNamara Contracting $ 40,896.05 Finnila Excavating $ 43,596.13 Northwest Asphalt $ 55,363.50 Based on the quotes received, staff is recommending that the Council enter into the attached agreement with Bituminous Roadways, Inc. to complete the construction of a new parking lot at Lake Julia Park. The work will include excavation of the existing ground,placement of granular fill as a base for the lot,the addition of a rock base on top of the granular fill, the construction of curb and gutter around the perimeter of the lot, and bituminous paving. Backfilling, seeding and striping and additional drainage work will be accomplished by City staff. 79 Lake Julia Parking Lot May 21,2012 Page 2 of 2 BUDGET IMPACT This project has been included in the budget and will be paid for from the Park Improvement Fund. ACTION REOUESTED By motion, approve the attached agreement with Bituminous Roadways, Inc., for the construction of a new parking lot in Lake Julia Park. Respectfully submitted, Kevin Schorzman,P.E. City Engineer cc: file 80 I r FORM OF AGREEMENT BETWEEN CITY OF FARMINGTON AND BITUMINOUS ROADWAYS,INC. FOR NON-BID CONSTRUCTION CONTRACT THIS AGREEMENT made this 21st day of May,2012,by and between the CITY OF FARMINGTON,a Minnesota municipal corporation("Owner"or"City")and Bituminous Roadways,Inc.,a Minnesota corporation("Contractor"). Owner and Contractor,in consideration of the mutual covenants set forth herein,agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the"Contract Documents",all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Specifications and Requirements-Lake Julia Parking Lot C. Project Plans D. MnDOT Standard Specifications for Construction E. Contractor's Quote. 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 with Contract Document"A"having the first priority and Contract Document"E"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contract$31;618.00 inclusive of taxes,if any. 4. PAYMENT PROCEDURES. A. Contractor shall submit Application for Payment upon completion of the work. Application for Payment will be processed by the City Engineer. B. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn.Stat.§471.25,Subd.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 1 /2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 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. (2) Form IC-134(attached)required from general contractor. Minn.Stat.§290.92 requires that the City of Farmington obtain a Withholding Affidavit for Contractors,Form IC-l34,before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Due to the small scope and short duration of this project,only one payment will be made upon completion of the project as recommended by the City Engineer. 5. COMPLETION DATE. The Work must be completed by June 22,2012 6. CONTRACTOR'S REPRESENTATIONS. 61 J. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal,state,and local laws and regulations that may affect cost,progress,and performance of the Work. D. Contractor has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities)which have been identified in the General Conditions and(2)reports and drawings of a Hazardous Environmental Condition,if any,at the Site. E. Contractor has obtained and carefully studied(or assumes responsibility for doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at or contiguous to the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of construction to be employed by Contractor,including any specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents,and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations,investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. 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. 7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured on the general liability insurance on a primary and noncontributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: 62 4 � • Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship,materials,and equipment which may develop in any part of the contracted service,and upon proper notification by the City shall immediately replace,without cost to the City,any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition,the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 11. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not required for the doing of any public work if the contract price is$75,000 or less.On projects of more than$75,000 for the doing of public work a payment bond and performance bond each in the amount of the contract price must be furnished to the City prior to commencement of work. The form of the bonds must satisfy statutory requirements for such bonds. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself;its partners,successors,assigns and legal representatives to the other party hereto,its partners,successors,assigns and legal representatives in respect to all covenants, agreements,and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created,collected,received,maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act,Minn.Stat.Ch. 13,any other applicable state statute,or any state rules adopted to implement the act,as well as federal regulations on data privacy. (2) All books,records,documents and accounting procedures and practices to the Contractor and its subcontractors,if any,relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software,including that which the manufacturer may have embedded into the hardware as an integral 63 i part of the equipment,the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Patented devices,materials and processes. If the Contract requires,or the Contractor desires,the use of any design,device,material or process covered by letters,patent or copyright,trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed,device,material or process,or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract,and shall indemnify and defend the Owner for any costs,liability,expenses and attorney's fees that result from any such infringement. G. Assignment. Neither party may assign,sublet,or transfer any interest or obligation in this Contract without the prior written consent of the other party,and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other,such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party,whether of the same or any other covenant,condition or obligation. I. Governing LawNenue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation,the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. J. Severability. If any provision,term or condition of this Contract is found to be or become unenforceable or invalid,it shall not effect the remaining provisions,terns and conditions of this Contract,unless such invalid or unenforceable provision,term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final,complete and all inclusive statement of the terms thereof,and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses;Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights-of-way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner,the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF FARMINGTON BITUMINOUS R• ; 1 WAYS,INC. BY _ BY: _.: " Todd Larson,Mayor / Its: ))!C 6 4E,5/.4Edr- - AND wi avid McKnight, ity 11.1 u .tor 64 Dakota County, MN ,., --I—, t, .. ,_., _4.._ - -1',.i -1 ;____ . a. T4—_I-ii.. i..-,,0 , 1 , ,. . 44, ;'4 y% t dl�.:.: 4.... r er t Yo ' ti i ilkihrt irr: t , , , I i ! , 'I ; , a 1 l z 4' ' • 'a t y i_ , , I d f r , `- y ' `r t Parkin Lod * "` l \ -- .. . __,, .scr"�is N. sr `` .; 11 —• Viet \ , # ,,,,i 0 /. . ...,, .. , - . - _..,...._. _AL__ - Yb . .i, ...,,,, s„.„...„ . .. _____ _ __ _ _ _ _ .1' . 1 ..., ...... tt ve.," `i,' ____ ____. --i--______ ,1 _ __ \AF If,..: r p ... er' 4,,,i,AN t . : r 1* 1 it Iiii • . .N.... �r J� _, fl,,,yie5 \ . 1r* T1° '''' ._____. 11°-;—"' - r• y Ei , "'f Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal,survey, or for zoning 1 inch = 200 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 5/15/2012 85 /CV �.a`` kR % City of Farmington 430 Third Street 1 . - j Farmington,Minnesota 4a 651.280.6800•Fax 651 280,6899 w wwci.tarmingtin1.nimus TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman,P.E., City Engineer SUBJECT: Lake Julia Park Drainage Improvements DATE: May 21,2012 INTRODUCTION As part of the construction of the new parking lot at Lake Julia Park, drainage improvements were necessary. DISCUSSION The City approached the Dakota County Soil and Water Conservation District(SWCD)to see if cost-sharing funds were available to help pay for drainage improvements associated with the new parking lot at Lake Julia Park. The improvements consist of the construction of a swale that connects the corner of the parking lot to a bioinfiltration cell that will be constructed as part of the drainage improvements. The purpose of this construction is to allow pre-treatment of storm water that comes off of the parking lot prior to its discharge into Lake Julia. At the May 3, 2012 SWCD meeting, the SWCD Board approved Farmington's application for cost-share on this project. The cost-share is 65% SWCD and 35% City. The anticipated project cost is $17,554 with the SWCD contributing $11,410 toward the cost of the project. The City's portion, $6,144 can be offset by labor and equipment used in the actual construction of the improvements. BUDGET IMPACT This is a reimbursement agreement, so the City will have to cover the initial cost of materials for the project. It is anticipated that upon reimbursement from the SWCD, the City's labor and equipment contribution will cover the City's portion of the project cost-share. ACTION REQUESTED By motion, approve the attached agreement with the Dakota County SWCD, for the construction of drainage improvements in Lake Julia Park. Respectfully submitted, Kevin Schorzman,P.E. City Engineer 86 Dakota County Soil & Water Conservation District Urban Cost Share Program Contract File No:_12-CIF-001 Date:_5-3-2012 Project Name:_City of Farmington Lake Julia LID Stormwater Project Address/City:_Lake Julia Park, Outlot A of Prairie Creek 2"d Addition Farmington, MN Township: Range: Section: Y4 Section: Applicant/Contact: City of Farmington/Kevin Schorzman, PE City Engineer Address: _430 Third Street Farmington, MN 55024 Phone No: (651)280-6841 Fax: I(we),the undersigned Applicant,do hereby request cost-share assistance to help defray the cost of installing the Project as listed below subject to the following terms and conditions. It is agreed that: 1. The Applicant is solely responsible to obtain all permits and perform the work in compliance with local, state and federal regulations. 2. The Project must be completed in compliance with the approved plans,specifications and the District's technical standards.Any requests to change the approved plans, specifications or costs estimates must be submitted in writing to the District for review and approval. 3. The District reserves the right,at its sole discretion,to determine Project compliance to its technical standards and may withhold or deny payment for Projects that are non-compliant, improperly Installed and/or improperly maintained or payment requests for expenses the District determines to be non-essential to the Project. The Applicant is responsible to confirm project compliance with the District for critical project components, including but not limited to, final design, layout staking, sub-grade excavations, soil preparation, piping and appurtenance installations,site grading, planting and final site stabilization. Unless otherwise agreed in writing,the Applicant is responsible to correct all non-compliance issues to the satisfaction of the District at its sole expense. At its option, the District may determine the non-compliance of a single project component to be non-compliance for the project as a whole. 4. The Applicant is solely responsible for the cost of constructing the Project per the approved plans and specifications. Upon Project completion and acceptance by the District Board of Supervisors,the reimbursement payment to the Applicant is limited to a maximum of sixty-five(65)percent of the actual project expenses, not to exceed the maximum cost share amount.All requests for cost share payment must be supported by itemized project receipts and invoices determined by the District to be practical and reasonable for the completion of the Project. Partial payments prior to Project completion shall not be made unless otherwise agreed in writing. 5. The Applicant is responsible to comply with the Project Operation&Maintenance Plan and shall provide at his sole expense,all labor and materials to properly maintain the Project during its minimum effective life(10 Years). If the Project is removed or modified without consent of the Distinct, the Applicant shall be liable for monetary damages,not to exceed the amount of cost share received from the District for that Project. If land ownership is transferred to another party, it shall be the responsibility of the property owner/applicant who signed this contract to advise the new landowner that this contract shall remain in force. 6. This contract,when approved by the District Board of Supervisors,will remain in effect unless canceled by mutual agreement,except when installation of the Project covered by this contract has not been started by July 1$'.2012, in which case this contract will automatically terminate on that date. 7. The Project will be installed by November VI.2012, unless this contract is amended by mutual consent to reschedule the work and funding. 8. The Applicant is solely liable for his/her own acts and agrees to hold harmless and defend the District against claims, actions, demands or damages arising out of the performance of this Agreement. 87 • 9. The Applicant authorizes the Dakota County SWCD to take and disclose photographs of the conservation practice for use in publications or promotional materials or on their website for the purpose of highlighting the Dakota County SWCD's programs. I also authorize the Dakota County SWCD to disclose my name and applicable conservation practice information with any conservation practice photograph. Project Name:_City of Farmington Lake Julia LID Stormwater Project Est. Project Cost:$_17,554.42_ Requested Cost Share Amount 6_11,410.37 Applicant Signature*: Property Owner Signature* (if different from property owner) Address: Date: *If this is a group contract,this must be filed and signed by the group spokesperson as designated in the group agreement. This section to be completed by the Dakota County Soil &Water Conservation District I have viewed the site where the above listed Project is to be installed and find that the estimated quantities and costs are practical and reasonable. Cost Estimate: 6_17,554 42 (other comments may be included on attached sheets)■ Certifiers Signature: _` r f�'� Certifiers Title: �P-- 0 ck a. C.V.. -q tf e—* Date: 5/0 Cost Share Limits Cost share is approved at 65 percent(%)of the total estimated project cost. The final cost share reimbursement amount shall be determined by applying the approved percentage to the total actual project costs as reviewed and approved and is limited to not exceed 6 11.410.37. Project Approval Project Approved By: ..,,kA,04 igifr. ' ''Ir,Dakota County Soil&Water Conservation District Board of Supervisors) Date: S/3/00/Z__ Payment Approval Payment Approved By: (Chair,Dakota County Soil&Water Conservation District Board of Supervisors) Date: 88 Revised 2/04/10 Urban Cost Share Project OPERATION AND MAINTENANCE PLAN Project/Landowner: City of Farmington Lake Julia LID Project Date: 5-3-12 Address: Lake Julia Park at 1871h Street&Egret Way Farmington,MN OVERVIEW This Project was designed to provide many long-term benefits for natural resources and wildlife habitat. The expected minimum performance life of conservation practices are at least ten(10)years. Providing good stewardship and carrying out an operation and maintenance program including periodic inspections can increase it's life span many times over.The following general recommendations will help you in performing adequate operation and maintenance for a variety of conservation practices. GENERAL RECOMMENDATIONS o The Cost-Share Contract prohibits the removal and/or modification of the practice for ten(10)years from the date of completion without prior written approval by the Dakota SWCD. o Report any observed active erosion,land disturbances or other unusual conditions that may affect the intended performance of the practice to the Dakota County SWCD right away.Call(651)480-7777 o For bioretention areas,periodic removal of sediment and debris is necessary to maintain the effectiveness.The cleanout intervals may vary depending upon the volume of sediment that has accumulated. Avoid compacting the underlying soil. o Maintain vigorous growth of desirable vegetative coverings.This may include reseeding,fertilization,weeding and/or controlled application of herbicides when necessary.Periodic mowing may also be needed. o Repair areas of active erosion or channel or slope failure immediately.Additional measures to prevent reoccurrence may be necessary.Contact the Dakota County SWCD for technical assistance. o Prevent unauthorized foot traffic,motorized vehicles or livestock entry. o immediately repair any vandalism,vehicular,or livestock damages. o Make sure all structure drains are functional and soil is not being transported through the drainage system.The screens and/or rodent guards shall also be kept in place. o Eradicate or otherwise remove all rodents or burrowing animals and repair any damage caused by their activity. SPECIFIC RECOMMENDATIONS FOR YOUR PROJECT 1. The SWCD contact person for this project is: Jim Davidson (651)480-7779 2. The person providing maintenance for this project is: 3. An onsite meeting with the SWCD contact person and the maintenance person shall be held at the time of seeding and/or plant material installation to verify the: a. The upland contributing drainage areas are stable and sediment has been removed from pavement surfaces. b. Measures to prevent future sedimentation are provided. All openings into the project must be closed during cleaning operations to prevent all wash water from entering the project. Wash water must not be allowed to enter the project area. c. Measures to prevent high flows and/or keep the practice off-line during plant establishment are provided. d. Arrangements are in place to provided and verify the vegetation will receive a total of 1 inch of water per week during the active growing season until the plant materials are well established. e. A follow up on site meeting is scheduled to evaluate plant establishment progress,plant health and weed control recommendations. 4. Plant materials that do not establish must be replaced. Species changes from the plans require prior SWCD approval. Applicant Signature: Date: 89 r a Z (D p:.iz ,O<T N '] `�� \ .; o v F.in "n%$n O J o' * s n I N. d E 0 J A t { 1; o s ESI§ C . v E n 0 a N a { e. 'Z W { / v O o� II II c. ru, �'' f . Jew;% ��` �%/�y s � s, 3 `"33 1 Ss o fA `� 9 ``V 0 't n n' �• ' --�ca 0 o I 7 � a,_.g, {! •Z ' e o •1 Y o : io1 r1•) -u c 3. rat •7 ' •; -•� '1 •i ° ff c.)r T! i 0 c D .I. •I0 '\ O w �� �' rD s -; S Erg ="' • •Cl O• €? ,�o .p d n .g2 0 oo ii t: