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HomeMy WebLinkAbout09.05.06 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING September 5, 2006 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. ST AFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STA TEMENT 'ouncil workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS a) Introduce Promoted Employee - Public Works 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (8/21/06 Regular) b) Appointment Recommendation Finance - Human Resources c) Appointment Recommendation Finance - Human Resources d) Appointment Recommendation Finance - Human Resources e) Acknowledge Resignation Finance - Human Resources f) School and Conference - Parks and Recreation g) Capital Outlay - Parks and Recreation h) Capital Outlay - Parks and Recreation i) Adopt Resolution - Accepting Donation Rambling River Center - Parks and Recreation j) Adopt Resolution - Accepting Donation Youth Scholarship Program- Parks and Recreation k) Approve GIS Contract - Community Development 1) Adopt Resolution - 208th Street W Parking Restrictions - Engineering m) Reschedule 2006 Mill and Overlay Project Assessment Hearing - Engineering n) Adopt Resolution -Vermillion Trail 1 5t Addition Development Contract- Engineering 0) School and Conference - Community Development p) Approve Bills 8. PUBLIC HEARINGS Action Taken Introduced Approved Approved Approved Approved Acknowledged Information Received Information Received Information Received R99-06 R100-06 Approved R10l-06 Information Received R102-06 Approved Approved a) 2006 Seal Coat Project Assessment Hearing - Engineering 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Mill and Overlay Project - Engineering (Supplemental) 11. UNFINISHED BUSINESS a) Adopt Resolution - Castle Rock Orderly Annexation Agreement - Community Development 12. NEW BUSINESS a) Adopt Resolution - 2007 Preliminary Tax Levy and Budget - Finance 13. COUNCIL ROUNDTABLE 14. ADJOURN R103-06 $609,708 Option Tabled 9/18/06 Continued 9/14/06 City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce Promoted Employee - Public Works 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (8/21/06 Regular) b) Appointment Recommendation Finance - Human Resources c) Appointment Recommendation Finance - Human Resources d) Appointment Recommendation Finance - Human Resources e) Acknowledge Resignation Finance - Human Resources f) School and Conference - Parks and Recreation g) Capital Outlay - Parks and Recreation h) Capital Outlay - Parks and Recreation i) Adopt Resolution - Accepting Donation Rambling River Center - Parks and Recreation j) Adopt Resolution - Accepting Donation Youth Scholarship Program- Parks and Recreation k) Approve GIS Contract - Community Development 1) Adopt Resolution - 208th Street W Parking Restrictions - Engineering m) Reschedule 2006 Mill and Overlay Project Assessment Hearing- Engineering n) Adopt Resolution -Vermillion Trail! st Addition Development Contract- Engineering 0) School and Conference - Community Development p) Approve Bills 8. PUBLIC HEARINGS Action Taken Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 a) 2006 Seal Coat Project Assessment Hearing - Engineering 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution - Castle Rock Orderly Annexation Agreement - Community Development 12. NEW BUSINESS a) Adopt Resolution - 2007 Preliminary Tax Levy and Budget - Finance 13. COUNCIL ROUNDTABLE 14. ADJOURN Page 17 Page 18 Page 19 7 a... COUNCIL MINUTES PRE-MEETING AUGUST 21, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Brian Lindquist, Interim Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Tony Wippler, Assistant City Planner; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty asked how much dirt will be moved from the Christensen site. City Engineer Mann replied it will be a significant amount and he will research this. Councilmember Pritzlaff noted the 60,000 yards from the borrow pit is 150 ft. x 150 ft. x 150 ft. cubed. The amount moved from the Christensen site is 800,000 yards. Councilmember McKnight asked about the acquisition of a tax forfeited property for parking and if the City intends to hold it until it is needed. City Engineer Mann stated as the property was tax forfeited the City wanted to obtain it for additional parking. Councilmember McKnight asked about the type of lighting for the Spruce Street extension. City Engineer Mann replied it would be decorative lighting similar to the downtown area. The bridge will have double-headed lights. There is a total of 41 lights. The amount of the bid received was $184,000 to install the lights. Councilmember Wilson asked about the Winkler comp plan amendment and rezoning and if the City designates zoning before a concept plan is received. Assistant City Planner Wippler explained staff did see a concept plan one year ago. However, the Planning Commission and Council did not want to see concept plans dictate the land use. The designated land use should dictate the concept plan. Council Minutes (Pre-Meeting) August 21, 2006 Page 2 Councilmember Wilson asked about the bid for the Spruce Street lighting and if awarding the bid should be deferred to see if a lower cost can be obtained. City Engineer Mann replied there is a timing issue, as the concrete sidewalks cannot be completed until the conduit is installed for the lights. He did not anticipate receiving lower bids as construction materials have gone up. Councilmember Pritzlaff asked about the re-organization of the Engineering and Community Development departments and if Bonestroo would be paid more for this change. City Administrator Herlofsky replied no. Councilmember Pritzlaff asked if it was proper to have a non-city employee included in the organizational chart. City Administrator Herlofsky explained they are re-organizing the department and he understood the Bonestroo relationship may not always exist. If the City Engineer were a City employee, the chart shows the situation. Solid Waste is more appropriately a public works function. By bringing Inspections under Public Works it puts the enforcement area in one place. The Community Development department will no longer be the enforcement agency. It can be more economic development to provide a more positive relationship with people looking for economic development opportunities. Councilmember Pritzlaff asked about the payment for fuel on the list of bills and if the City was working towards having our own tanks at the Maintenance Facility. City Engineer Mann replied they have quotations on what it would cost and staff is still compiling this information. It will be brought to Council in the future. Councilmember Pritzlaff asked about the applicant signature on the grading CUP application for ISD 192. City Planner Smick explained the signature in the packet is Doug Bonar. However, staff received a signed CUP request from Elaine Donnelly on Friday. Mayor Soderberg suggested moving the item for the Spruce Street Lighting to the Consent Agenda. Council agreed. 5. STAFF COMMENTS City Administrator Herlofsky distributed a notice of where Prairie Restoration will be spraying for weeds. 6. ADJOURN MOTION by McKnight second by Fogarty to adjourn at 6:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, /. .-:.~- //_ q:7, l.. ,'7"" L OL. .: <? /" c:u.. C / ( ,.- "Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR August 21,2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Brian Lindquist, Interim Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Ruthe Batulis, Doug Bonar, Ann Carlan, Chuck Cloninger, Ted Novak, Nick Schultz, Troy Miller, Brad Meeks, Gary Pipho, Arlen Lamb 4. APPROVE AGENDA Mayor Soderberg moved item 9a) Spruce Street Lighting to the Consent Agenda. MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Parks and Recreation Mr. Ted Novak was introduced as a new Park Keeper. b) Minnesota Energy Resources Minnesota Energy Resources has taken over the natural gas service from Aquila. Mr. Chuck Cloninger gave an overview of the company. 6. CITIZEN COMMENTS Staff responded to Mr. Ristow's comments. Mr. Ristow requested a copy of the updated rankings for the streets in the mill and overlay project. Mayor Soderberg noted the replacement of driveways was due to damage or to match the grade. 7. CONSENT AGENDA MOTION by McKnight, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (8/7/06 Regular) (8/15/06 Special) b) Received Information July 2006 Financial Report - Finance Council Minutes (Regular) August 21, 2006 Page 2 c) Received Information Capital Outlay - Parks and Recreation d) Approved Appointment Recommendation Public Works - Human Resources e) Approved Joint Powers Agreement Regarding Fiber Connectivity - Human Resources f) Adopt RESOLUTION R89-06 Appointing Responsible Authority for Law Enforcement Under Data Practices - Human Resources g) Appointed Brian Lindquist Interim Director Emergency Management - Police h) Approved Temporary On-Sale Liquor License S1. Michael's Church- Administration i) Adopted RESOLUTIONS R90-06 and R91-06 Acquiring Tax Forfeited Properties - Engineering j) Approved Bills k) Adopted RESOLUTION R92-06 Awarding Bids for the Spruce Street Lighting Project - Engineering APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Wine License and Intoxicating Malt Liquor License - Ted's Pizza - Administration Ted's Pizza has applied for a wine license and an intoxicating malt liquor license. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Fogarty to approve the wine and on-sale intoxicating malt liquor license. APIF, MOTION CARRIED. b) Approve Grading CUP ISD 192 - Community Development The site contains 110 acres west of Flagstaff and south of CR64. The grading operation will entail the balancing of 800,000 cubic yards of soil. The plan contains three storm water basins. One is on the south side of the development, the second is on the east side, just west of Flagstaff, and a third basin is off-site on the Donnelly property. Staff received approval from the Donnelly's to allow the school to grade for the pond. Staff also has a signed Letter of Intent between the school district and the Donnelly's. Contingencies include: 1. Satisfactory completion of the environmental review process. 2. The applicant must obtain final City approval of the mining operation and the rough grading plan from the City Engineer. 3. The applicant must pay any applicable fees, provide adequate surety in an amount and form approved by the Director of Public Works, and comply with any other reasonable conditions imposed by the Director of Public Works. 4. All excavation activities must be consistent with plans submitted to and approved by the Director of Public Works. MOTION by McKnight, second by Wilson to close the public hearing. APIF, MOTION CARRIED. Council Minutes (Regular) August 21,2006 Page 3 Councilmember Pritzlaff asked about the agreement grading the school site against the Donnelly property as there is a 15 ft. difference. Staff explained there might be requirements for temporary construction easements off-site. Engineering will make that determination during the grading process. Mr. Troy Miller, Engineer, stated they are bound to meet the existing grades at the surrounding property lines with the exception of basin 3. This is a regional application for retaining water. They have worked with the Donnelly's on how they will match the grade for the four acres affected. The slope would be on the school property. Councilmember Pritzlaffnoted Flagstaff will be dropped 11 ft. Mr. Miller stated some of Flagstaff is also raised 8 ft. across the entire length. They are working with the City Engineer to define what the elevations will be and how it will work with property owners who have driveways along Flagstaff. They are raising Flagstaff to meet drainage requirements in basin two. Councilmember Pritzlaffnoted there are two properties where the 11 ft. drop will go quite far into the property and could require moving some things on the properties. Mr. Miller replied there is one property owner that has some requirements they want to have met with regard to trailers, etc. Councilmember Wilson asked about water quality. Mr. Miller replied basin three was the biggest concern with water quality. Basin three was moved down the hill to receive more of the agricultural runoff and work on filtering the water. Basin three covers four acres, 2.5 acres hold the water. MOTION by Fogarty, second by Wilson to approve the grading CUP with the above contingencies. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Economic Growth Committee - Administration At the last Council Meeting, representatives of the Chamber requested approval of a resolution to form an Economic Growth Committee. The EDA will coordinate the activities of the EGC. This will be discussed at the next EDA meeting. MOTION by Pritzlaff, second by Wilson adopting RESOLUTION R93-06 accepting a proposal to create an Economic Growth Committee between the City of Farmington and the Northern Dakota County Chamber of Commerce - Farmington. APIF, MOTION CARRIED. b) Adopt Resolution - ISD 192 Preliminary and Final Plat - Community Development The site contains 110 acres and is surrounded by Flagstaff to the east and 208th Street to the north. The school will dedicate 20 ft wide utility easements for water throughout the site and plat outlot A and B and there will be a requirement to have Council Minutes (Regular) August 21,2006 Page 4 basin three as an easement. The school will dedicate a 50 ft. right-of-way for 20Sth Street and a 60 ft. right-of-way for Flagstaff Avenue. The school met with the Parks and Recreation Director and proposed to remove the trail to the west and staff agreed. Because of the number of crossings in the area, and as the road will be a service road, staff agreed a trail would be unsafe because of the number of crossings. There is a trail off the northwest parking lot to provide a connection to the central part of the site for the students. Any trails on the western side of the site would have to be coordinated with Lakeville's trail system. Councilmember Fogarty stated ifthere was a trail corning west from Lakeville, it invites children to come down the road to the parking lot without a trail. She would like a trail at least into the parking lot and connect to the school. The school will propose a traffic management plan including utilizing control officers during peak hours. This will be part of the conditions of the plat approval. Water service will corne from the intersection of Pilot Knob and CSAH 50 and go west and north along Flagstaff. Sanitary sewer will connect at the interceptor south of CSAH 50 and go straight north. The school has met the requirements of the landscape plan. The school needs to submit a lighting plan so staff can ensure the light spillage does not go onto other properties. This will also be a condition of the plat. Contingencies include: 1. Identify any revisions to the school districts original trail plan that are mutually acceptable to the City and the school district. 2. A lighting plan is required. 3. The school district should submit a traffic management plan. 4. The dedication of an easement to the City for basin three which is on the Donnelly property. 5. The satisfaction of any engineering and planning comments. 6. The preparation and execution of the development contract and approval of the construction plans for grading, storm water and utilities. 7. Completion of the EA W review process. Councilmember Pritzlaffrecalled that the water service would be looped. City Engineer Mann explained the draft feasibility report showed a loop up Flagstaff and over 195th Street to Meadowview School. In the process of discussions it was identified and models were done to verify the school district will be served with the amount of water and the proper pressure by just building the southerly half of the loop. From a supply standpoint and a water pressure standpoint, the school can be supplied with just the southerly loop. There have been discussions with the Water Board about making the loop to the north with some participation by the Water Board. Staff is waiting for the results of those discussions. The Water Board would prefer to see it looped. The Water Board stated they would be willing to participate up to a certain percentage if the school district paid the remaining cost. Mayor Soderberg asked about the water quality without a looping system. City Engineer Mann replied even if it was looped, there would only be so much water flowing through the system. While looping it might provide some Council Minutes (Regular) August 21, 2006 Page 5 circulation, there is not that much demand in that area. To quantify the benefit of the loop from a water quality standpoint is hard to determine. MOTION by McKnight, second by Fogarty to adopt RESOLUTION R94-06 approving the Farmington Area High School Preliminary and Final Plat with the above contingencies. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. c) Adopt Resolution and Ordinance - Winkler Comprehensive Plan Amendment and Rezoning - Community Development Mr. Bart Winkler has requested a comp plan amendment and rezoning for 70 acres on the east side of the City. The western 56 acres was annexed in 2001 and the remaining acres were annexed in 2005. The requested comp plan amendment is from non-designated to low/medium density and medium density and rezone the property from A-I to R-2 and R-3. The Planning Commission recommended approval of the comp plan amendment and rezoning. Mr. Winkler has a general idea of a single-family development of 105-110 units and the same number of multi-family units. MOTION by Fogarty, second by McKnight adopting RESOLUTION R95-06 approving the comp plan amendment from non- designated to low/medium density and medium density and ORDINANCE 006- 559 rezoning the property from A-I to R-2 and R-3. MOTION CARRIED. d) Adopt Resolution and Ordinance - Graham Comprehensive Plan Amendment and Rezoning - Community Development Mr. Gerald Graham is interested in splitting his property. This was annexed with the Ash Street project. Mr. Graham would like to build a home further back on his lot which would require a lot split. There is an existing house which meets the requirements of the R-2 zoning district. There will be easements for the driveway and utility easements for storm water, sewer and water. Because the lot is only 33 ft. wide, he will need to obtain a variance as an R-2 zoning requires a minimum access of 60 ft. wide. Mr. Graham is requesting a comp plan amendment from non-designated to low/medium density and rezone the property from A-I to R-2. The comp plan amendment is subject to Met Council approval. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R96-06 approving the comp plan amendment from non-designated to low/medium density and ORDINANCE 006-560 rezoning the property at 3782 220th Street from A-I to R-2. APIF, MOTION CARRIED. e) Elm Street Open House Comments - Engineering The first open house for the Elm Street project was held July 27,2006. Business owners were concerned about access during the project. Staff will work on access issues. Streetscape in the project area between 4th Street and the railroad tracks would cost an additional $600,000 - $850,000. Assessments would be $300 - $450 per residential equivalent unit. The majority of the street improvements, not including aesthetics, will be paid by the state as this is a state turnback proj ect. Dakota County would participate in the cost of the aesthetics in an amount equal Council Minutes (Regular) August 21,2006 Page 6 to 1.5% - 2% of the overall project costs. Staff wanted to know if the Council would like to see streetscape aesthetics as a line item in the feasibility report. Councilmember Wilson noted most of the people were supportive of the streetscape project. However, the assessment amount made him think more broadly. He suggested having a workshop prior to Council receiving the feasibility report to review the assessment policy as a whole. It would be hard for him to support assessing a small segment of properties when the entire City will benefit from an attractive downtown area. Councilmember Pritzlaff stated at the open house he learned that Spruce Street will not be closed around City Hall during the Elm Street construction and City Hall construction as the street is wide enough. What was previously discussed was whether Spruce Street would be reconstructed as part of the City Hall project during the Elm Street project. The timing of the Spruce Street reconstruction and Elm Street reconstruction needs to be coordinated so traffic is not prohibited from reaching the downtown area. Councilmember Pritzlaff stated there was discussion on how traffic would reach the downtown from TH3. City Engineer Mann noted there are openings at Willow, Main, Walnut, and various other areas. There was a discussion about temporarily opening Spruce Street. However, there are significant issues with that as far as traffic control. Staff will have to discuss this with the state. The thoroughfare plan shows the Spruce Street connection to TH3 would be open in the future. However, the issue of the close proximity to the intersection of Elm Street needs to be reviewed. Councilmember Fogarty asked about the costs for streetscape between 4th Street and 8th Street. City Engineer Mann replied the long-term time frame for the commercial area to be developed needs to be considered. Will it be designated commercial and how long will it take. The other issue is the existing streetscape with older, large trees. Those trees would be impacted ifthere was a streetscape done to TH3. Councilmember Fogarty asked about payment for the area from 4th Street to the railroad tracks. Staff stated the project would be bonded for and the bonds would be paid with levies. Council would need to determine if they want funds from the road and bridge fund used for the streetscape. As with the downtown streetscape project, the amount not covered by assessments to the properties in the downtown area, a portion of the bond was paid for by a contribution from the road and bridge fund. Those funds were available due to interest and investment income. The contribution to the annual bond payment is approximately $60,000. There would be some available funds in the road and bridge fund. Councilmember McKnight stated initially he would be supportive of looking at the project and the preliminary survey of residents states the same. Mayor Soderberg requested staff to add an option for 4th Street to 8th Street as well as from Division Street to the railroad tracks. Council reached a consensus Council Minutes (Regular) August 21, 2006 Page 7 to include the streetscape aesthetics in the feasibility report. Regarding the assessment policy, Mayor Soderberg stated the policy was set in place to do area assessments on major roads as an area wide assessment. The road serves an area and keeps the costs per residential equivalent unit down. It is a policy that was started with Pilot Knob and continued with Ash Street and Akin Road. If we were to change it now the assurances given to the residents on Pilot Knob and Akin Road and Ash Street would not carry through to the people assessed in the Elm Street area. Finance Director Roland noted the entire City does benefit from the project, but the City also pays for the other 65% of the cost of the project through citywide funds, whether that is a tax levy or existing road and bridge fund. The whole City pays for the 65% that is not paid for by the 35% of assessments. Councilmember Wilson stated he was not suggesting the current policy be changed, but he felt there are opportunities for the Council to evaluate certain things that the Council may not want to assess in the future such as the seal coat project. He felt it would be beneficial for the Council to revisit this to ensure it is still working. f) TH3/19Sth Street Intersection Control- Funding - Engineering There are several full intersections planned along TH3. Currently discussions have focused on 195th Street and TH3 as part of the Fairhill development. MnDOT will want roundabouts at this intersection as well as other intersections along TH3 in the Fairhill development. The 195th Street intersection is planned for 2007 with the 195th Street project. The City has the opportunity to apply for cooperative agreement funds for MnDOT to assist with paying for proposed improvements at that intersection. The deadline for the application is October 1, 2006. The funds would be available July 1,2007. The required resolution will be brought to Council in September. The Cooperative Agreement program allows up to $550,000 to be awarded. This would be determined through the state's selection process. Councilmember McKnight did not feel roundabouts were a solution to the traffic problems on TH3, but he did not want to say no to financial help if the City will eventually have them. MOTION by Fogarty, second by Wilson to direct staff to prepare an application to MnDOT for cooperative agreement funds. APIF, MOTION CARRIED. g) Draft 2007 Budget - Administration/Finance The draft 2007 budget is not balanced and staffwill be making further adjustments. In 2007 all remaining capital outlay items are listed as general fund expenses not as a debt service item. City Administrator Herlofsky has made several cuts to reduce a $3.8 million shortfall to an $851,000 shortfall. Staffwill continue to work on balancing the budget. All requests for additional personnel have been cut from the 2007 budget. The only change is increasing the part-time Communication Specialist position to full time. Councilmember Wilson requested an indication of how this will affect various properties prior to the Council Minutes (Regular) August 21, 2006 Page 8 budget workshop. Staff will provide this at the September 5 Council meeting during the presentation of the 2007 tax levy and budget. The current proposal is to maintain the tax rate at the 43% level. 11. UNFINISHED BUSINESS a) Approve City Hall Project - Administration Wold Architects presented the schematic design for the new City Hall to be located at the comer of 3rd and Spruce Street. The schedule is proposed for 2-3 months of design development, late October for Council approval of design development, this will allow for bids in spring 2007, start construction in spring 2007 and complete construction in late spring, early summer 2008. The building will be approximately 36,000 sq. ft. with a total project cost of$9.1 million. Regarding the expansion space on the second floor, Councilmember McKnight stated he is willing to spend the money now to put that into place for future use. Other Councilmembers agreed. MOTION by Fogarty, second by McKnight to approve the schematic design submittal and direct staff to proceed. APIF, MOTION CARRIED. b) GIS Presentation - Community Development Council has expressed a desire to improve the web site and access to information. In order to manage information, City Planner Smick has done some research to improve the GIS system. Staff reviewed options from LOGIS, Bonestroo and Dakota County. Staff recommended using Dakota County. City Planner Smick gave a presentation showing what information would be available using Dakota County for GIS needs. Farmington would be part of a four-city consortium with Apple Valley, Bumsville, South St. Paul and West St. Paul. Benefits include weekly downloads, access to data, fiber connection, proximity to the county, training, scanning, web-based access, primary and secondary ArcMap user where staff can obtain extensions for mapping at a lower cost. A link would be provided through the City's website and staff would determine what would be available to the public. The cost is $17,000/year based on splitting up one full time person from four ways to five ways. The cost this year would be $6,000. Councilmember Wilson asked if there was a way to quantify the cost. City Administrator Herlofsky replied staff can list costs that would be avoided and it would allow staff time for other things besides answering phone calls. Council was impressed and felt it was great technology. c) Adopt Resolution - Seed/Genstar AUAR Update - Community Development Comments have been received from various agencies. The AUAR update was needed for the extension of Diamond Path and a second bridge over North Creek. MOTION by McKnight, second by Pritzlaffadopting RESOLUTION R97-06 approving the final AUAR update and mitigation plan for the Seed/Genstar area. APIF, MOTION CARRIED. Council Minutes (Regular) August 21, 2006 Page 9 d) Adopt Resolution - Approve New High School EA W - Community Development An EA W was prepared for the Farmington High School project. Based on comments and the Findings of Fact, the following was concluded: 1. The EA W was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules. 2. The EA W satisfactorily addressed all of the issues for which existing information could have been reasonably obtained. 3. Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects. 4. Based on a review of the record prepared in this matter, the City makes a "Negative Declaration," that an EIS is not required. 5. The City is directed to maintain a Record of Decision including the Response to Comments on the EA Wand to notify in writing all persons on the EA W distribution list, all persons that commented in writing during the 30-day comment period and not any person upon written request. MOTION by Fogarty, second by McKnight adopting RESOLUTION R98-06 declaring no need for an Environmental Impact Statement for Farmington Area High School Project. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. e) Castle Rock Orderly Annexation Agreement Update - Community Development The Castle Rock Discussion Group made further revisions to the Orderly Annexation Agreement. One of the changes was regarding the administrative amount of 15% and this was changed back to the original amount of7.5%. Another change was the tax rebate would apply to newly developed or redeveloped residential properties. Mr. Russ Zelmer, Town Board Chair, stated the Castle Rock Town Board reached a consensus to approve the agreement. Council reached a consensus to approve the agreement. The agreement will be brought back to Council at the September 5, 2006 Council meeting. 12. NEWBUSINESS a) Amend Ordinance - Special Assessment Deferrals - Finance The code regarding the special assessment deferral policy has been updated. The ordinance outlines the steps to be taken with regard to deferral of a special assessment due to hardship or disability. MOTION by Pritzlaff, second by Fogarty to adopt ORDINANCE 006-561 amending Section 1-14-1 of the City Code for Partial Payment of Special Assessments and Section 1-14-2 of the City Code for the Deferment of Special Assessments. APIF, MOTION CARRIED. Council Minutes (Regular) August 21,2006 Page 10 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Reminded people to be careful when driving as school will be starting. Councilmember McKnight: He did not think Council had a strategic plan for where they are going. He proposed over a number of work sessions to develop a strategic plan for the future, whether it is one year or five years. An example would be economic development, the budget, growth, etc. He wanted something more in depth than goal setting. Mayor Soderberg and Councilmember Fogarty agreed. Councilmember Wilson: Former Governor Quie will be at the Rambling River Center August 24, at 10 a.m. Regarding the work sessions, in January 2005 the third Wednesday was selected for Council Workshops and he would like that to continue. Councilmember Pritzlaff: He agreed with developing a strategic plan. Regarding the mill and overlay project he stated the pavement management report was received after the project was brought to Council. He felt he needed more education on the project before it was ordered. The monthly workshops were held for awhile, but got off schedule. He would like time allocated for one workshop a month. A list of workshop topics needs to be made so nothing is missed. He attended the Dakota County Fair and noted there was good attendance. City Administrator Herlofsky: EDA meeting. He noted there is a different style agenda for the 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:43 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~7 ;l ?ft<i- 7Y7~gu C/ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /b TO: Mayor, Councilmembers, and City Administrator:,'; FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Finance DATE: September 5, 2006 INTRODUCTION The recruitment and selection process for the appointment of part-time liquor store clerks to fill vacant positions in the Finance Department has been completed. DISCUSSION After a thorough review by the Finance Department and the Human Resources Office, a contingent offer of employment has been made to Patty Johnson, subject to ratification by the City Council. Ms. Johnson has previous experience as a liquor store clerk and meets the qualifications for this position. BUDGET IMPACT Funding for this position is authorized in the 2006 budget. ACTION REQUESTED Approve the appointment of Patty Johnson as a part-time liquor store clerk in the Finance Department effective on September 5, 2006. Respectfully submitted, A .. ...~ ../C. / \ ,,// ''WJ{", 1;::/ /d. _ u./'.....c'-(.>---2/c./l~J' r i.V Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Councilmembers, and City Administratorr1 Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Appointment Recommendation - Finance DATE: September 5, 2006 INTRODUCTION The recruitment and selection process for the appointment of part-time liquor store clerks to fill vacant positions in the Finance Department has been completed. DISCUSSION After a thorough review by the Finance Department and the Human Resources Office, a contingent offer of employment has been made to Dean Kockelman, subject to ratification by the City Council. Mr. Kockelman has previous experience as a liquor store clerk and meets the qualifications for this position. BUDGET IMPACT Funding for this position is authorized in the 2006 budget. ACTION REQUESTED Approve the appointment of Dean Kockelman as a part-time liquor store clerk in the Finance Department effective on September 5, 2006. Respectfully submitted, j({} .' //! . ;-!LLr,-L;4:C/~;, ca/;;/C I Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ?d TO: Mayor, Councilmembers, and City Administratol~ Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Appointment Recommendation - Finance DATE: September 5, 2006 INTRODUCTION The recruitment and selection process for the appointment of part-time liquor store clerks to fill vacant positions in the Finance Department has been completed. DISCUSSION After a thorough review by the Finance Department and the Human Resources Office, a contingent offer of employment has been made to Joseph Berns, subject to ratification by the City Council. Mr. Berns has previous experience as a liquor store clerk and meets the qualifications for this position. BUDGET IMPACT Funding for this position is authorized in the 2006 budget. ACTION REQUESTED Approve the appointment of Joseph Berns as a part-time liquor store clerk in the Finance Department effective on September 5, 2006. Respectfully submitted, A AI //)/// u / v ",/ . \ -.Uk." ~d~/~~/..f"~;C Brenda Wendlandt, SPHR Human Resources Director cc: file 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin1rton.mn.us TO: Mayor, Councilmembers, and City Administrator~ Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Acknowledge Resignation - Finance DATE: September 5, 2006 INTRODUCTION The City has received notification from Joan McIntire of her resignation as a part-time Liquor Clerk. DISCUSSION Ms. McIntire has been employed in a part-time capacity with the City since October 30, 2000. Her resignation was effective August 26, 2006. She has been an excellent employee and the City appreciates her commitment to the organization and wishes her well in her future endeavors. ACTION REQUESTED Acknowledge the resignation of Ms. Joan McIntire effective August 26,2006. Respectfully submitted, ,--) , :1 ! /. I ' /, \, .. .. /') .. / ; /,// .' ~::d~:~~~~;:~{dt Human Resources Director cc: file 7F City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administratorif FROM: Randy Distad, Parks and Recreation Director SUBJECT: School and Conference DATE: September 5, 2006 INTRODUCTION Each fall, the Minnesota Ice Arena Managers Association (MIAMA) holds an annual conference for its members. This year the MIAMA conference will be held at Ruttger's Sugar Lake Lodge near Brainerd, Minnesota. DISCUSSION Jeremy Pire, Facilities Maintenance Supervisor is interested in attending the 2006 MIAMA Conference. The conference offers educational opportunities in the areas of ice arena management and maintenance. The City and Mr. Pire will mutually benefit from his attendance at this conference. BUDGET IMPACT The approved 2006 Arena budget included funding of $1 ,450.00 for City staff attendance at the 2006 MIAMA Conference. The total cost of the conference for Mr. Pire to attend will be $500, which includes conference registration fee, lodging, all meals and transportation to and from the conference. ACTION REQUESTED For informational purposes only. . ~. ~s tfully ~b_~~ </~~~ Randy Distad, Parks and Recreation Director cc: Jeremy Pire ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrat<(j FROM: Randy Distad, Parks and Recreation Director SUBJECT: Capital Outlay - Parks DATE: September 5, 2006 ACTION REQUESTED No action is requested. This is for informational purposes only. DISCUSSION The approved Meadow Creek Third Addition Park Master Plan identified the installation of a full court basketball court and a connecting accessible trail to the playground equipment and picnic shelter. Quotes were solicited from seven contractors for this work. Radloff & Webber Blacktopping, Inc. from Prior Lake, Minnesota submitted the low quote in the amount of $16,600. BUDGET IMPACT These two improvements were identified to be covered under the 2006 approved Park Improvement Fund budget. The following identifies the cost of these two improvements: Park Meadow Creek Third Addition Improvement full court basketball court & accessible trail Burleet $16,830 Quote $16,600 Difference (Quote-Est) $230 R~.... s ectfully s~m~ ,/~~~ Randy Distad, Parks and Recreation Director '" o o ~ ~ o o 10 .~ if'1l '" '" ~~ ~~ g '" rn (]) rn 15 >- " '" o 1'; z 13 o g U"l g <( ~ ! 10 ::;; ~ <( ~ .0 '" LL c ~ "0 C =' LL oR. ~ '" o ... ;# ;;; :;: o ... 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'" g gg N C":i aO ~ N8 ~V)~ "'" 00 00 "" '" ~- ~ ",<0 ~~ o o "" ;0 <D '" "'" o o '" '" N '" 8 .c ~ uj "'" 00 00 "'0 ......-tri "'~ .,. "''''" ~ .. ! ! ro ~ ~ I ~ City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us 7h TO: Mayor, Councilmembers, and City Administrator FROM: Missie Kohlbeck, Senior Center Coordinator ~ Patti Norman, Recreation Supervisor ]:;/ SUBJECT: Recumbent Bike Purchase for Rambling River Center DATE: September 5, 2006 INTRODUCTION The Rambling River Center (the Center) has a number offundraising events that provides money to purchase equipment for the Center outside the City's capital outlay budget. DISCUSSION Several members of the Center's fitness center have requested another piece of seated fitness equipment. The Rambling River Center Advisory Board researched and is recommending a new Star Trac Pro recumbent bike. The walk-through design allows users to access the seated position without the difficulty of stepping over a shroud. For rehabilitation purposes and the active older adult population, this feature removes a common barrier that prevents many people from using exercise bikes. BUDGET IMPACT Facility Rambling River Center Equipment recumbent bike Current Balance Fundraisin2: Funds Equipment Cost Remainin2: Balance $3,494.46 $2,504.94 $989.52 ACTION REQUESTED No approval needed, this item is for informational purposes only. Respectfully SUbmitt.ed, \() ~~~~0 Missie Kohlbeck Senior Center Coordinator City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us 7/' TO: Mayor, Council members, City Administrator 0 FROM: Missie Kohlbeck, Senior Center Coordinator ~ Patti Norman, Recreation Program Supervisor SUBJECT: Adopt Resolution Accepting Donation - Memorial Glenn Kuyper DATE: September 5, 2006 INTRODUCTION A donation has been received at the Rambling River Center from the Kuyper Family in memory of Glenn Kuyper. DISCUSSION Glenn Kuyper passed away on July 2006. Mr. Kuyper was a regular attendee at the Rambling River Center for many years. In fact Mr. Kuyper was being driven from a Care Center in Northfield to the Rambling River Center to play cards each Monday up until the time of his death. Mr. Kuyper's family recognizes the value of the social involvement Glenn had through the Rambling River Center and has made this donation in his memory. ACTION REQUESTED Adopt the attached resolution accepting the donation of $480 as a memorial to Glenn Kuyper. Respectfully Submitted, '1Y\~~\~t/ Missie Kohlbeck Senior Center Coordinator Patti Norman Recreation Supervisor RESOLUTION No. ACCEPTING DONATION TO THE RAMBLING RIVER CENTER $480 FROM THE KUYPER F AMIL Y 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 5th day of September, 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, a donation of $480 from the Kuyper Family, has been given to the Rambling River Center; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of$480 from the Kuyper family. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 5th day of September 2006. Mayor Attested to the _ day of September 2006. City Administrator SEAL 7' 'J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council members and City A~inistraU@ Patti Norman, Recreation Supervisor ']it> Adopt Resolution Accepting Donation - Farmington Youth Athletic Association (FYAA) FROM: SUBJECT: DATE: September 5,2006 INTRODUCTION A donation has been received from FY AA. DISCUSSION FY AA has donated $150 for two years (2006 & 2007), to the City's Youth Scholarship Program in honor of Robin Hanson who has dedicated countless time and effort to our community for the betterment of youth. These yearly donations will help provide financial assistance so deserving youth can participate in Parks and Recreation programs regardless of their ability to pay. Staff will communicate the City's appreciation on behalf of the Council to the FY AA Board of Directors for their generous donations. ACTION REQUESTED Adopt the attached resolution accepting the donations of $150 for two years (2006 & 2007), from the Farmington Youth Athletic Association honoring Robin Hanson and allow these donations to be used towards covering program registration fees for youths who may otherwise be unable to afford them. ~lY Submitted, ~~ Patti Norman Recreation Supervisor RESOLUTION No. ACCEPT DONATION TO THE YOUTH SCHOLARSHIP PROGRAM FROM THE FARMINGTON YOUTH ATHLETIC ASSOCIATION (FYAA) OF $150 EACH YEAR FOR TWO YEARS (2006 & 2007) 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 5th day of September, 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, in honor of Robin Hanson, the Farmington Youth Athletic Association has donated $150 each year for two years (2006 & 2007), to the Parks & Recreation Youth Scholarship Program; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of $150 each year for two years (2006 & 2007) to the Youth Scholarship Program from FY AA honoring Robin Hanson. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of September, 2006 Mayor Attested to the 5th day of September 2006. City Administrator SEAL ?l City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, V~ G- City Administrator (j) Lee Smick, AICP City Planner FROM: SUBJECT: GIS Contract DATE: September 5,2006 INTRODUCTIONillISCUSSION Pursuant to the positive response that staff received concerning the GIS presentation on August 21, 2006, staff has requested that Dakota County's GIS Support Committee submit a Membership Contract to the Farmington City Council for its review. The contract states that the City would pay a yearly fee for Dakota County GIS support services for a minimum commitment of three years, however, an early withdrawal or termination may be approved. The fee would be determined annually for the cost of one Dakota County GIS specialist and the fee would be dependent upon the number of communities involved in the committee. The committee would meet monthly to discuss GIS mapping needs for each community, set priorities for work to be completed, and review work completed to date. The next meeting of the Dakota County GIS Support Committee is on October 13,2006 at the Western Service Center in Apple Valley. BUDGET IMPACT City staff would like to begin working with Dakota County as soon as possible. The first project that the County would develop for the City is an interactive web link to allow residents, developers, realtors, and others to determine zoning designations, flood zone designations, lot sizes, and addresses for lots or locations of interest to the web users. The County has quoted an amount of $5,141 for the remainder of the year to utilize the County's services. The cost for 2007 is $16,195. The funds for the remainder of the year are available in the 2006 budget and the funding for next year is included in the 2007 GIS budget. ACTION REQUESTED Approve the attached Membership Contract with the Dakota County GIS City Support Committee for the 2006 and 2007 budget year. R~~ Lee Smick, AICP City Planner cc: Randy Knippel, Dakota County GIS Director Dakota County Judicial Center 1560 Highway 55 Hastings. Minnesota 55033-2392 Phillip D. Prokopowicz, Chief Deputy Karen A. Schaffer, First Assistant Monica Jensen. Community Relations Director Telephone (65 I ) 438-4438 FAX: (651) 438-4479 (Civil Division) FAX: (651) 438-4500 (Criminal Division) FAX: (651) 438-4499 (Juvenile/Admin Division) E-mail: attomey@co.dakota.mn.us OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY AlTORNEY Direct Dial: (651) 438-4460 Email: Kathy.Scott@co.dakota.mn.us June 27,2006 MR PETER J HERLOFSKY JR CITY ADMINISTRATOR 325 OAK ST FARMINGTON MN 55024 RE: Contract With The City of Farmington for GIS City Support Committee Our File No.: K-06-154 Dear Mr. Herlofsky: Enclosed please find the above-referenced original Contract for your signature. Please sign the Contract and return the signed Contract to Tammy Drummond, Dakota County Physical Development Division, 14955 Galaxie Avenue, Apple Valley, MN 55124, for execution by the appropriate County official. Once the Contract is fully executed, you will be sent a fully executed copy. If you have any questions please feel free to give me a call. Thank you. Very Truly Yours, k~~ K~~~~ P. Scott Assistant County Attorney KPS:jjh Enc. c: Randy Knippel, GIS Tammy Drummond, Physical Development L:K06-154 Criminal Division Scott A. Hersey, Head Victim/Witness Coordinator Patricia Ronken Juvenile and Protective Services Division Donald E. Bruce, Head Office Manager Norma J. Zabel Civil Division Jay R. Stassen, Head Child Support Enforcement Division Sandra M. Torgerson, Head @ 30% post-consumer An Equal Opportunity Employer S~(lJ DAKOTA COUNTY GIS CITY SUPPORT COMMITTEE MEMBERSHIP CONTRACT WITH THE CITY OF FARMINGTON WHEREAS, Dakota County and the Cities of Burnsville and Apple Valley entered into a Contract creating the Dakota County GIS City Support Committee for the purpose of achieving greater efficiency with a joint and cooperative effort to establish, operate and maintain GIS data and applications for their mutual benefit (Contract), which is attached and incorporated herein as Exhibit 1; and WHEREAS, effective December 31,2000, the Contract was amended to remain in full force and effect until terminated in accordance with the provisions of Article 6 of the Contract (Amendments), which are attached and incorporated herein as Exhibit 2; and WHEREAS, Article 3 of the Contract provides that cities and other entities in Dakota County can become members of the GIS City Support Committee by executing a copy of the Contract and paying membership fees; and WHEREAS, the City of Farmington desires to become a member of, and participate in, the GIS City Support Committee, and agrees to pay membership fees and accepts the terms of the 1999 Contract as amended. IN WITNESS WHEREOF, the parties execute this Contract to give membership status to the City of Farmington to participate in the Dakota County GIS City Support Committee, subject to the terms of the 1999 Contract as amended, which are attached and incorporated herein as Exhibits 1 and 2. FOR DAKOTA COUNTY CITY OF FARMINGTON By: Gregory J. Konat, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 952-891-70 Date of Signature: By: Kevin Soderberg, Mayor City of Farmington 325 Oak Street Farmington, MN 55024 651-463-7111 Date of Signature: Approved as to Form: ~ -?7~t7' Date ATTEST: City Clerk Date: Approved by Dakota County Board Resolution No. 01-184 K:K06-154 EXHIBIT 1 r> ~ ". DAKOTA COUNTY GIS CITY SUPPORT COMMITTEE Article 1. GENERAL PURPOSE The general purpose of this contract is to provide and define the terms for a joint development of the Geographic Information System between Dakota County and other participating entities. The County and participating entities can achieve efficiencies with a joint and cooperative effort for the establishment, operation, and maintenance of GIS d~ta and applications. Article 2. DEFINITIONS Section 1. Committee means the City Support Committee established in Article 4 Section 1. Section 2. Contract means this contract. Section 3. Geographic Information System or GIS is a system used to visualize and analyze geographic features and data related to them. This is accomplished using specialized computer software and data. The term GIS has become loosely used to encompass software, data, analysis, and maps related to computerized mapping and geographic analysis. Section 4. Member City is any city in Dakota County that has executed a copy of this Contract. Section 5. Member is any participating entity that has executed a copy of this Contract. Article 3. MEMBERSHIP Section 1. Membership. Cities and other entities in Dakota County can be Members. Any entity desiring to be a Member shall execute a copy of this Contract and shall pay membership fees. Section 2. Membership Fees. Membership fees will be based on costs for support resources, namely human resources. A minimum commitment of three years is required for Members. An amount will be determined annually for the annual costs for one GIS Specialist. The Members along with Dakota County will equally share in the cost of the GIS Specialist. Article 4. CITY SUPPORT COMMITTEE Section 1. Formation of Committee. In order to ensure the needs of the Members are being met, a CITY SUPPORT COMMITTEE will be formed. The Committee will represent the parties to this Contract. The County and each Member will have one person appointed to the Committee. Each Member's representative will be designated by the Member's Manager/Administrator. The County's representative will be the County's GIS Manager. The Committee shall identify development needs, set priorities for work to be completed and review work that has been completed. Representatives shall serve terms of three years. Section 2. Meetings. The Committee shall meet monthly. Additional meetings can be held with the agreement of the Members. The attendance by representatives of a majority of the Members shall constitute a quorum. Section 3. Officers. At the first meeting of the Committee, the Committee shall elect a chair and chair-elect from among the Members. The terms of the chair and chair-elect shall be six months. After six months, the chair-elect advances to the chair and there is an election for the chair-elect. Section 4. Duties of Chair. The Chair shall record and distribute minutes of each meeting. The Chair shall set the agenda for each meeting and notify the Members of the agenda prior to the meeting. Section 5. Voting. Each Member and the County is entitled to one vote on contested matters. Members may not vote by proxy. Issues will be decided by a majority vote of all Members. Article 5. FINANCIAL MATTERS Section 1. Fees. Each Member shall pay a yearly membership fee on executing a copy of this Contract and in January of each year in which the Member participates in the Committee. Section 2. Renewal. Any Member renewing membership shall notify Dakota County's representative by July of the year preceding the year for which the fee is due. Section 3. Fiscal Year. The fiscal year will be the calendar year. Section 4. Fiscal Agent. Dakota County shall serve as the fiscal agent for the Committee. Article 6. WITHDRAWAL AND TERMINATION Section 1. Withdrawal. Members may withdraw from the Committee at the end of each three- year term upon ninety days' written notice to the chair. Section 2. Early Withdrawal. In the event sufficient funds are not appropriated, obtained and continued by a Member or the Member does not wish to continue with the agreement, and the non-appropriation of funds did not result from any act of bad faith on the part of the Member, a Member may withdraw from the Committee at the end of any fiscal year upon 120 days' written notice to the Chair. Section 3. Termination. The Committee shall be terminated upon withdrawal of all Members, or upon a vote by Members to dissolve the Committee. Upon termination of the Committee, any property acquired by the Committee and any surplus moneys shall be returned to the Members in proportion to their contributions. Article 7. SCOPE OF GIS SERVICES BY DAKOTA COUNTY Section 1. Inventory. The County shall inventory the offices of Members for common GIS applications and data. The inventory shall include - Real Estate Inquiry - Facilities Management - Building Inspection - Notification Buffering and Mailing - Zoning - Comprehensive Use Plan - General Mapping Section 2. Development. The County shall develop a systematic approach for use of GIS including - Develop a list of common applications and data sets with standard designs from the inventory - Set priorities for the application and data list with the Committee - Develop a work plan for implementing the creating and updating of data and developing of applications, including staff time at the Member's site. - Report to the Committee on progress Section 3. Support. The County shall support GIS software and hardware including - ESRl software products (ARC/INFO, ArcView, MapObjects, Internet Map Server) - County-developed applications - Work with Member IS staff on hardware, software, and network support - Provide training for city staff on GIS software Article 8. INDEMNIFICATION/STANDARD ASSURANCES Section 1. Indemnification. Each Member shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other Members, their officers, employees or agents. Liability of the County and other Minnesota political subdivisions shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable law. Section 2. Standard Assurances. Each member shall abide by all State and Federal laws pertaining to this contract or to the facilities, programs and staff for which each Member is responsible, including the Standard Assurances that are attached hereto. Article 9. MISCELLANEOUS Section 1. Modifications. Any alterations, variation, modifications, or waivers of the provisions of the contract shall only be valid when they have been reduced to writing and signed by authorized representatives of the Members. Section 2. Merger. The Contract is the fmal expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings, or agreements among the parties as to the scope of services listed in Article 7. Ownership of the GIS Data Base, notice of copyright in the Data Base, and disclaimer notice requirements are governed by the April 10, 1996, Cost Sharing for Aerial Photography, Photogrammetry Hardware and Software, Training and Maintenance Agreement among Dakota County and Member Cities. Section 3. Execution in Counterparts. This Contract may be executed in counterparts. Additional entities within Dakota County may become Members and parties to this Contract by executing a copy of this Contract. Section 4. Term. This Contract shall be in effect from May 1, 1999, regardless of the date of signatures by the Members, and shall remain in effect until terminated in accordance with the provisions herein. The initial term of this Contract will end December 31, 2000. IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below: COUNTY OF DAKOTA / . ~ a.,p'- By C\;~ ~C'<~ ~4~t... ;t'4{ LOUlS 1. BreI st Physical Development Director " Approved by Dakota County Board Resolution No. 9 Cf.- 230 Atte/ ,/~f~/ ~~ Date: ~/J /7j Attest: ,!>Utv-k ~C0L/ ( c!..~ U~L..- Date: 5-5'-"99 EXHIBIT 2 FIRS..!. AMENDMENT TO DAKOTA COU1' IV GIS CITY SUPPORT COMMITTEE CONTRACT This Amendment is made to the Dakota County GIS City Support Committee Contract which was executed in May, 1999, by the County of Dakota, the City of Burnsville and the City of Apple Valley. WHEREAS, the parties desire to amend said Agreement to extend its term; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. Article 9, Section 4, shall be amended to read as follows: Term. This Contract shall be in effect from May 1, 1999, regardless of the date of signatures by the Members, and shan remain in effect until terminated in accordance with the provisions of Article 6 of the 1999 Agreement. 2. All other terms and conditions of the Contract shall remain in full force and effect. 3. This Amendment shall be effective on December 31,2000. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date(s) indicated below. Attorney/Date Authorized by Dakota County Board Resolution No. 01-184 Attest: ~/~~ K1KOO-391 COUNTY OF DAKOTA ~ Susan L. Hoyt Physical Development DrSiOn Director Date of Signature 2- 2-S\ ~? ___ Attest: Date: " FIRST AMENDMENT TO DAKOTA COUNTY GIS CITY SUPPORT COMMITTEE CONTRACT This Amendment is made to the Dakota County GIS City Support Committee Contract which was executed in May, 1999, by the County of Dakota, the City of Burnsville and the City of Apple Valley. WHEREAS, the parties desire to amend said Agreement to extend its term; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. Article 9, Section 4, shall be amended to read as follows: Term. This Contract shall be in effect from May 1, 1999, regardless of the date of signatures by the Members, and shall remain in effect until terminated in accordance with the provisions of Article 6 of the 1999 Agreement. 2. All other terms and conditions of the Contract shall remain in full force and effect. 3. This Amendment shall be effective on December 31,2000. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date(s) indicated below. COUNTY OF DAKOTA ~~ Susan L:Hoyt Physical Development Division Director Date of Signature '5 I) () 1.- . I' ... mey/Date Authorized by Dakota County Board Resolution No. 01-184 By: Its: Date: By: Its: Date: Mayor Attest: Date: Attest: lJ'Lw~- f:J-&t<_"Ll..-ULj Date: Nov be; 8, 2001 ~ KlKOO-391 7L City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator? FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - 20Sth Street West Parking Restrictions DATE: September 5,2006 INTRODUCTION & DISCUSSION The Minnesota Department of Transportation (MnDOT) has reviewed the construction plans for the 20Sth Street West Extension. MnDOT has indicated that a condition of approval of the plans is that the Farmington City Council declare a ban for parking on 20Sth Street West to be consistent with State Aid Standards. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution Banning Parking of Motor Vehicles on 20Sth Street West from the Farmington Industrial Park to Pilot Knob Road. ~c;~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. BANNING PARKING OF MOTOR VEHICLES ON 20Sth STREET WEST FROM FARMINGTON INDUSTRIAL PARK TO PILOT KNOB ROAD 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 5th day of September, 2006 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the City of Farmington has planned the improvement of20Sth Street West from the Farmington Industrial Park to Pilot Knob Road in the City of Farmington, Minnesota; and WHEREAS, the City of Farmington will be expending Municipal Street Aid Funds on the improvement of this Street; and WHEREAS, this improvement does not provide adequate width for parking on the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE, BE IT RESOLVED that: The City of Farmington shall ban the parking of motor vehicles on 20Sth Street West at all times. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of September, 2006. Mayor Attested to the day of September, 2006. City Administrator SEAL //Y; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator (;tJ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Reschedule 2006 Mill & Overlay Project Assessment Hearing DATE: September 5,2006 INTRODUCTION The 2006 Mill & Overlay Project Assessment Hearing needs to be rescheduled to a date yet to be determined. DISCUSSION The 2006 Mill & Overlay Assessment Hearing was originally scheduled for September 18, 2006. The total project costs will not be known in time to allow for the hearing to be held on the date originally scheduled. Residents have not yet been notified of the hearing. At the time a new date is determined this issue will be brought back to the Council for rescheduling and the affected residents will be notified per State Statute and City policy. BUDGET IMPACT None. ACTION REQUESTED For Council's information. Respectfully Submitted, ~m~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 1,1] TO: Mayor, Councilmembers, City Administrator @ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - Approve Development Contract - Vermillion Trail First Addition DATE: September 5, 2006 INTRODUCTION The Development Contract for Vermillion Trail First Addition is forwarded herewith for Council's consideration. DISCUSSION The preliminary and final plat for Vermillion Trail First Addition was approved by the City Council on July 17, 2006. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Vermillion Trail First Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, t:&- Yh~ Lee Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. APPROVE DEVELOPMENT CONTRACT VERMILLION TRAIL FIRST ADDITION 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 in City Hall of said City on the 5th day of September, 2006 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following: WHEREAS, pursuant to Resolution No. R77-06, the City Council approved the Preliminary & Final Plat of Vermillion Trail First Addition subject to the following conditions: 1. The satisfaction of any engineering and planning comments. 2. The preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: 1.) The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. and; 2.) The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of September, 2006. Mayor Attested to this _ day of September, 2006. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 5th day of September, 2006, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Jerome E. Sauber and Anna M. Sauber, husband and wife (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Vermillion Trail First Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 34G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan (Not Applicable) Plan D - Park Improvement Plan (Not Applicable) Plan E - Zoning/Development Map Plan F - Wetlands Mitigation as required by the City (Not Applicable) Plan G - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. The installation of these utilities shall be constructed within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and standard detail plates. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been submitted for recording with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonine:IDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 3 50' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets (Not Applicable) e. Concrete Curb and Gutter (Not applicable) f. Street Signs (Not Applicable) g. Street Lights (Not Applicable) h. Sidewalks and Trails (Not Applicable) i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1 .Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through G, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the final plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public utilities, by September 30,2007, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 2 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for underground utilities is two years. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of the utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 45 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapine:. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was 3 constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-G. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of$ 3,494 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of $ 1,488 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $ 38,841 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is a credit of $37,353. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 1,240 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 1,158 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $ 14,094 will be given to the Developer for Sanitary Sewer Trunk oversizing within the plat. The net result is a credit of $ 12,936. 19. Park Dedication. The Developer shall be required to dedicate 0.072 acres ofland for park purposes. The Developer shall pay the City $ 5,400 as cash in lieu ofland in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Development Fee. The Developer shall pay a Park Development Fee of $1,211 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The City shall allow the Developer to either pay the entire park development fee at the time of final plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the final plat. 21. Sealcoatine:. The Developer agrees to pay a fee of $ 150 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Geographic Information System fee of $ 110 based upon the acreage or number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 26. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 27. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 132,140. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least 5 forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 5,719 $ 47,499 $ 72,824 $ 2,288 $N/A Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $400 $N/A $N/A $N/A $N/A Two Years Principal and Interest on Assessments $ 3,310 This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 28. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attomey's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attomeys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 6 31. Wetland Buffer and Natural Area Sie:ns. Not Applicable. 32. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. 7 G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. Ifthe City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 33. O. Third parties have no recourse against the City under this contract. 8 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Jerome E. Sauber 3186 Vermillion River Trail Farmington, MN 55024 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Peter J. Herlofsky, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 CITY OF FARMINGTON By: By: DEVELOPER: Jerome E. Sauber Anna M. Sauber By: By: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 SIGNATURE PAGE Kevan A. Soderberg, Mayor Peter 1. Herlofsky, City Administrator Its: Its: 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Kevan A. Soderberg, Mayor, and by David M. Urbia, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of <DEVELOPER>, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT "A" LEGAL DESCRIPTION That part of the South One Half (1/2) of the Northwest Quarter (1/4) of Section Twenty-nine (29), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, lying Southeasterly ofCSAH No. 66 as now laid out and traveled and Southwesterly of the following described line: Commencing at a point on the west Quarter (1/4) line of Section Twenty-nine (29), said point being 550.10 feet distant and bearing North 89 degrees 47 feet West a distance of384.50 feet, more or less, to the centerline ofCSAH No. 66 as now laid out and traveled. 12 EXHIBIT "B" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 13 EXHIBIT "e" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) ,20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the u.s. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 70 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members and Acting City Administrator If Kevin Carroll, Community Development Director TO: SUBJECT: School and Conference DATE: September 5, 2006 INTRODUCTION City Planner Lee Smick and Assistant City Planner Tony Wippler would like to attend the 2006 Upper Midwest Regional Planning Conference, sponsored by the Minnesota Chapter of the American Planning Association. DISCUSSION The 2006 Upper Midwest Regional Planning Conference will be held in Brainerd, Minnesota. n will begin on Wednesday, September 27 and end on Friday, September 29. The conference will include classes and educational opportunities in the areas of zoning, planning, land use, transportation, professional development and various related topics. BUDGET IMPACT The City's 2006 budget includes sufficient funds for the costs associated with this conference, which are projected to be approximately $900 (total for both employees, which includes mileage, lodging, meals, and conference registration fees). ACTION REQUESTED Motion to approve the request to have the identified staff members attend the conference in question. ?'a.... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2006 Seal Coat Project Assessment Hearing DATE: September 5,2006 INTRODUCTION The City Council scheduled the 2006 Seal Coat project assessment hearing at the August 7, 2006 City Council meeting. DISCUSSION The 2006 Seal Coat project is complete. The streets indicated in Attachment A of the resolution were included in the seal coat program this year. The streets in Meadow Creek 1st and 2nd Additions, Vermillion Grove 1st and 2nd Additions, Middle Creek Estates, 206th Street West between Pilot Knob and Cypress Drive and 9th Street between 213th Street and Pine Street are to be seal coated for the first time this year. The streets of Dakota County Estates 1st Addition, Deer Meadows 1st and 2nd Additions, 1st Street north of Elm Street, 1st Street between Elm Street and Locust Street, 1st Street between Hickory and Ash Street, 3rd Street between Ash Street and Walnut Street, 4th Street between Maple Street and Walnut Street, Oak Street between Division Street and the railroad tracks, Spruce Street between Denmark Avenue and Division Street, Walnut Street between 2nd Street and 4th Street, Locust Street west of 1st Street, Beech Street between 2nd Street and 3rd Street, the Rambling River parking lot, the ice arena parking lot and the fire station parking lot are scheduled to be seal coated this year. All affected property owners have been notified as to the date and time ofthis public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost for the 2006 Seal Coat project is $145,700. At the August 7, 2006 Council meeting, Council directed staff to prepare the assessment roll. The proposed assessment amount for the 2006 Seal Coat project is $52.94 per residential equivalent unit (RED). The original estimate of the cost per RED was $61.00. The total amount to be assessed to benefiting properties is $72,850. Several streets in the project area have already been assessed for seal coating costs through their 2006 Seal Coat Project September 5, 2006 Page 2 of2 respective development contracts. The City's portion of the project cost is $72,850 and will be funded through the Street Construction and Maintenance fund. ACTION REQUESTED Adopt the attached resolution adopting the assessment roll for the 2006 Seal Coat project. Respectfully Submitted, ~M~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -06 ADOPTING ASSESSMENT ROLL FOR 2006 Sealcoat Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of September, 2006 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 06-05 Description Location Street Seal Coat - Oil and Aggregates See Attachment A NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOT A: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one installment to be payable on or before the first Monday in January, 2007 and shall bear interest at the rate of 5.75% per annum from the date of the adoption of this assessment resolution until December 31, 2007. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 6, 2006 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of September, 2006. Attested to the SEAL Mayor day of September, 2006. City Administrator Attachment A Streets Dakota County Estates ]'t Addition 1 80th Street West Upper l82nd Street West Empire Trail Emerald Trail 1 80th Court Embers Avenue Embers Avenue Ely Avenue Deer Meadows ]'t and 2nd Additions l80th Street Eventide Way Exter Court Exter Place Everglade Court Meadow Creek 1st and 2nd Additions l8ih Street 1 87th Street Court 189th Street 190th Street Dylan Drive Dupont Way Dunbury Avenue Vermillion Grove ]'t and 2nd Additions 197th Street 198th Street English Avenue Emerson Court Emerson Circle Emperor Court English Court 206th Street Middle Creek Estates Location Pilot Knob to Ellice Lane Pilot Knob to Ellice Lane I 80th Street West to Embers Avenue 1 80th Street West to the east phase line of Dakota County Estates 1 st Addition All North of 1 80th Street West Emerald Trail to the south phase line of Dakota County Estates 1 st Addition All West of Pilot Knob All All All All Dunbury A venue to the west phase line of Meadow Creek 2nd Addition All Dunbury Avenue to the west phase line of Meadow Creek 1st Addition Dunbury Avenue to 1 89th Street 1 89th Street to the north phase line of Meadow Creek 2nd Addition All South phase line of Meadow Creek 1 st Addition to the north phase line of Meadow Creek 2nd Addition Pilot Knob to English Avenue English Avenue to Akin Road 195th Street to south phase line of Vermillion Grove pt Addition All All All All Pilot Knob to Cypress Drive Streets Dyers Pass Location All Downtown Oak Street Spruce Street Walnut Street Locust Street Beech Street 1 sl Street 1 sl Street 1 sl Street 3rd Street 41h Street Division Street to railroad tracks Denmark A venue to Division Street 2nd Street to 4th Street West of I st Street 2nd Street to 3rd Street North of Elm Street Elm Street to Locust Street Hickory Street to Ash Street Ash Street to Walnut Street Maple Street to Walnut Street 91h Street 213th Street to Pine Street Ice Arena Parking Lot Fire Station Parking Lot Rambling River Parking Lot All All All City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Supplemental Agenda DATE: September 5, 2006 It is requested the September 5,2006 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS Add lOa) Mill and Overlay Project - Engineering Consider options for the mill and overlay project. ~pe. e-tfully s.u. bIDl't.0e4, .... ("-11 /(~/ //1/ ~./ '/ . 'fj ~1//~2:--: Peter 1. Her.6fsky, Jr. i // City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2006 Mill and Overlay Project DATE: September 5, 2006 INTRODUCTIONIDISCUSSION On Thursday, August 31, a workshop was held to discuss the 2006 Mill and Overlay Project. Several of the questions that were raised during the workshop are addressed as follows: Question: How much of the curb on the project was replaced? The contractor has indicated 8500 - feet of curb has been replaced of the approximately 14,000 - feet of total curb on the project. The exact footage will be field verified. Question: Didn't these roads need only normal maintenance? Normal maintenance has become less and less effective over time. On some of the streets the seal coat was not adhering anymore. The amount of patching and blow patching needed was exceeding normal street patching operations. Question: Why was Centennial Circle completely redone? Why is there a 3-4 inch lip at some of the driveways? Over the last couple of years, the City has received complaints from residents in Centennial circle regarding the drainage. In order to correct the drainage in Centennial Circle, it was necessary to remove and replace all of the curb to a grade that would drain. As part of that process, since the grade is being changed, the pavement needs to be replaced as well to match the curb. Driveways that do not meet standards will be corrected. Question: Why has more than an inch or inch and a half been milled in some areas? This is due to the amount of patching material that has been put down in some of the areas over the years, in other areas it is due to inconsistent shape of the crown, i.e. "rounded" instead of "peaked". Question: What is the warranty on the curb and the driveways? As specified in the "CONDITIONS OF THE CONTRACT" there is a one year correction period from the date of 'substantial completion'. 2006 Mill and Overlay Project September 5, 2006 Page 2 Question: Has the blow patching that has been used actually created a worse condition? The blow patch method of patching pot holes in streets does not worsen the conditions of a street or the area. MNDOT uses it on freeways and highways to repair potholes and open the roads up to traffic in a very quick time frame. Question: Who marked the curb that needed to be replaced? The curb was marked at the direction of the Assistant City Engineer. Several of the City staff were involved at different times. Question: Why aren't driveways being replaced consistently? The concrete driveway replacement is incidental to the project costs. Typically, curb can be poured right up to the existing concrete driveway if the contractor does not damage the concrete driveway during curb removal. The asphalt driveway is a pay item because an asphalt driveway is not straight and uniform along the back of curb and cannot be used as a form for the curb. Question: In regards to the asphalt driveways, some appear to have had 8-inches of asphalt with no gravel underneath, won't this be subject to settling? 8-inches of asphalt is stronger than 3-inches of asphalt and 6-inches of gravel. Question: Will curb or valley gutters damaged by the contractor be replaced? Any curb or valley gutters damaged by the contactor will be replaced at the contractors cost. Question: Why were some driveways lowered? Some driveways were lowered at the street to match the curb grades in order to make drainage work. Question: Will the curb that is not replaced settle? What can be done for the appearance? The curb that was not replaced will most likely not settle but there is no guarantee. It is possible that even some of the new curbs may have some settlement in the next 15 years. At this time, the curb which was marked for removal was necessary to be replaced to achieve proper drainage and protection from water from entering the subsoils through open cracks and offsets. Question: Can the curb price be re-negotiated since so much of the curb was replaced or if it is decided to replace all the curb? In the specification for the project, it was stated that there would be no Bid Unit Price adjustment for any magnitude of increased or decreased quantities for this item. Question: Why did the rating system show the streets to be in good condition before, why the drop this year? The rating system for the pavement management program will be reviewed and brought back to the Council for further discussion. ACTION REQUESTED For Council's information. 2006 Mill and Overlay Project September 5, 2006 Page 3 Respectfully Submitted, ~rn~ Lee M. 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"l:t r--. ut c.o(O '<:t"l""" LD t-co LDo ~r--. en o (0 ut o c.o lO"": ....-LD t-t- OLD '<:tN Y7Y7 U)U) ....J ....J I- Z ::) e :2E <( ...J <( l- e ~0>1- c' co "'0 "'0 W 661- Ll Ll <( ltl ~ ~ :2E '000- +-,;e;E~ .rJ "'0 -0 en ~~~w / /a., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Mayor, City Council and City Administrator (j) FROM: Kevin Carroll, Community Development Director TO: SUBJECT: Proposed Orderly Annexation Agreement with Castle Rock Township DATE: September 5,2006 INTRODUCTION A revised version ofa proposed Orderly Annexation Agreement between the City of Farmington and Castle Rock Township is ready for final action by the City Council. DISCUSSION The Farmington City Council and the Castle Rock Town Board have reviewed and discussed several versions of a proposed Orderly Annexation Agreement [OAA] during the last three months. At separate meetings that occurred on August 21, 2006, each jurisdiction discussed the latest draft of the OAA and determined that it was acceptable to a majority of its members. It was agreed that each jurisdiction would therefore proceed with the steps required for formal approval of the OAA. Attached to this Memo is a "clean" copy of the edited version of the OAA that the City Council informally considered at its meeting on August 21,2006. A motion to approve the OAA would presumably be in order at this time. The 2006 Legislature enacted some new procedural requirements (effective date: August 1, 2006) regarding orderly annexation agreements. Before such an agreement can be finalized between a city and a township, both entities must conduct a 'joint informational meeting" for the public's benefit, and a notice of the meeting must be published at least 10 days in advance. These requirements were discussed with Mayor Kevan Soderberg and with Town Board Chair Russ Zelmer, and with the City Administrator and Township Clerk. In the interest of finally concluding this entire process as quickly as possible, it was agreed that ajoint information meeting would be scheduled for 6:30 p.m. on Wednesday, September 13, 2006. The meeting will be held at the Castle Rock Town Hall. A notice (copy attached) has been sent to the newspaper for publication. A regular meeting ofthe Castle Rock Town Board will be held at the Town Hall at 7:00 p.m. on the same date (September 13). The Town Board will have an opportunity to formally approve the OAA at that time. The agenda for that meeting will also include proposed Joint Resolutions regarding the annexation of the Olson [Fountain Valley Golf Course] and Mock properties. Ifall three documents are approved by the Town Board on September 13, City staff members will then mail out (on September 14) a notice regarding the cancellation of the public hearing that had been previously scheduled for September 18. As the Council is aware, the September 18 hearing would have been related to the annexation by ordinance of the Mock property and a portion of the Olson property. However, there will be no need for such a hearing if the properties in question are going to be annexed pursuant to the OAA rather than by ordinance. If the anticipated sequence of events outlined above occurs, the City Council could take formal action on the two Joint Resolutions at its meeting on September 18. The Joint Resolutions could then be submitted to the Municipal Boundary Adjustments Unit, which would formally approve the annexations within 30 days. ACTION REQUESTED Motion to approve the attached Orderly Annexation Agreement between the City of Farmington and Castle Rock Township. vin Carroll Community Development Director cc: Castle Rock Township Bryce Olson Terry and Linda Mock Joel Jamnik, City Attorney PUBLIC HEARING NOTICE CITY OF FARMINGTON & CASTLE ROCK TOWNSHIP PURPOSE: At the time and location identified herein, the Farmington City Council and the Castle Rock Township Board of Supervisors will conduct a joint informational meeting regarding their intention to include certain property within an orderly annexation area. The property in question is identified on the map that appears ,~~ '-~ below. WHEN: Wednesday, September 13, 2006 at 6:30 p.m., or as soon thereafter as the parties may be heard. All persons desiring to be heard, in person or in writing, will be heard at this time. WHERE: Castle Rock Town Hall, 2537 - 240th St. W., Farmington MN 55024. QUESTIONS: Contact Kevin Carroll, Community Development Director for the City of Farmington, at (651) 463- 1860, or Maralee Rother, Castle Rock Township Clerk, at 651-460-2221. DATED: This 28th day of August, 2006. /S/: Peter Herlofsky, Jr. City Administrator 4- 77/1 C lh-~ ,4r 4-p JOINT RESOLUTION/ORDERLY ANNEXATION AGREEMENT BETWEEN CASTLE ROCK TOWNSHIP AND THE CITY OF FARMINGTON THIS ORDERLY ANNEXATION AGREEMENT is entered into this _____ of _______________,2006 by and between the CITY OF FARMINGTON, MINNESOTA (hereinafter referred to as the "City") and CASTLE ROCK TOWNSHIP (hereinafter referred to as the "Township"). WHEREAS, Minnesota Statues 414.0325 authorizes townships and municipalities to provide for the orderly annexation of unincorporated areas that are in need of orderly annexation; and WHEREAS, the City and Township agree that there is a public need for the coordinated, efficient and cost-effective extension of sewer and water services to promote economic growth and development, and provide for the efficient delivery of desired or required public services; and WHEREAS, the property described in attached Exhibit "A" (hereinafter referred to as the "Annexation Area") is about to become urban or suburban in nature and the City is capable of providing sewer, water, and other public services within a reasonable time; and WHEREAS, the extension of sewer, water, and other public services can only be provided in prioritized phases if the process and timing of service requirements are clearly identified and jointly agreed upon in advance of the City's capital planning, commitment, and expenditure; and WHEREAS, the establishment of a process of orderly annexation of said lands may be of benefit to the residents and owners of said lands, and permit the City to extend municipal services in a planned and efficient manner; and WHEREAS, the City and Township desire to accomplish the orderly annexation of the Annexation Area and the extension of municipal services in a mutually acceptable and beneficial manner without the need for a hearing before the Municipal Boundary Adjustments Unit [MBAU] of the Office of Administrative Hearings, or its successor, and with the purpose of avoiding annexation disputes, enter into this joint resolution for orderly annexation pursuant to Minnesota Statutes 414.0325, subd. 1; NOW, THEREFORE, BE IT RESOLVED by the City of Farmington and Castle Rock Township that the two parties enter into this Joint Resolution Orderly Annexation Agreement (hereinafter referred to as "Agreement") and agree to the following terms: Acrea2e and Location 1. The attached map entitled "Exhibit A - Annexation Area" shall be the framework for annexation from 2006 through 2016 (inclusive). The map constitutes the Annexation Area, and denotes areas from which annexation may occur under this agreement. It is not necessary that all of the land constituting the Annexation Area be annexed within the time period set forth in this agreement. 2. The lands included within the 2006 through 2016 Annexation Area are designated for future urban development within the City. The Township shall oppose any efforts to include any of the lands within the Annexation Area into any governmental jurisdiction other than the City. Annexation Area 3. The City shall have the right to annex land within the Annexation Area during the period from the date of this Agreement though December 31, 2016. The annexation pace shall be consistent with the requirements and standards set forth in the Comprehensive Plan, and zoning and subdivision regulations of the City. 4. Annexation will be limited to property that is contiguous to the corporate limits of the City. 5. All annexations shall be subject to the prevailing Comprehensive Plan, the Zoning Ordinance, and subdivision regulations of the City. 6. The Township will not file any objection with the MBAU concerning the City's annexation of any land within the Annexation Area described above, so long as the annexation complies with the terms and conditions of the Agreement. Comprehensive Plannin2: 7. The City will revise its Comprehensive Plan to address properties located within the Annexation Area. 8. (a) Except as provided in Paragraph 8 (b) or 8 (c), the Planning Commission and/or the City Council of the City of Farmington shall not adopt an initial Comprehensive Plan designation for any property located within the Annexation Area, or subsequently modify, change, or alter in any way that initial Comprehensive Plan designation, without providing the Township with reasonable advance notice of (and a 2 reasonable opportunity to comment on) any such adoption, modification, change or alteration. (b) With regard to any proposed industrial or commercial use of property, the Planning Commission and/or the City Council of the City of Farmington shall not adopt an initial Comprehensive Plan designation for any property located within the Annexation Area, or subsequently modify, change, or alter in any way that initial Comprehensive Plan designation, without the consent of the Township Board, which consent may not be unreasonably withheld. (c) With regard to any proposed medium to high density residential, industrial, or commercial use that is proposed to be constructed within 150' of the west property line of any Castle Rock Township residence that is located adjacent to Berring Avenue, the Planning Commission and/or the City Council of the City of Farmington shall not adopt an initial Comprehensive Plan designation for any property located within the Annexation Area, or subsequently modify, change, or alter in any way that initial Comprehensive Plan designation, without the consent of the Township Board, which consent may not be unreasonably withheld. (d) With regard to any future development proposed to be constructed along the west property line of any Castle Rock Township residence that is located adjacent to Berring Avenue, the City will not obtain or require any permanent easements or rights-of- way from the owners of the Berring Avenue properties in question. Planning and Land Use Control 9. Pursuant to MN Statute 414.0325, MN Statute 471.59, and Chapter 462 of the Minnesota Statutes, the parties agree that the City shall have the authority to exercise planning, land use, zoning and subdivision authority within the Annexation Area. Prior to the actual annexation of a parcel of property located within the Annexation Area, the City's exercise of such authority shall be limited to adopting a Comprehensive Plan designation for that parcel, which will not affect the parcels land use unless and until the annexation is complete. Unless otherwise agreed to in writing by the City and the Township, the zoning and use(s) of a parcel located within the Annexation Area, and the construction or modification of structures located thereon, shall be controlled by the Township's Comprehensive Plan, Zoning Code, regulations and procedures until the annexation of that parcel has been completed. 10. Intentionally omitted and reserved for future use. 3 Annexation Process 11. Annexations within the Annexation Area shall occur only if the owners of the properties located within the Annexation Area petition for annexation. 12. If the City intends to annex a parcel of property within the Annexation Area, the City shall, within 14 days of receipt of a petition to annex property within the Annexation Area, submit to the Township the following: (a) The legal description and a map of the property proposed to be annexed; (b) A description of the proposed use of said property, if known by the City, and with the express understanding that the City reserves the right to accept or reject any such proposed use; Upon receipt of submittals set forth above, the Township will be provided 30 days to comment on the proposed annexation. 13. During the term of this Agreement, petitions for the annexation of areas located outside of the Annexation Area shall not be accepted, processed or approved by the City without the express written consent of the Castle Rock Board of Supervisors. This provision shall remain in effect through December 31, 2016 even if this Agreement terminates earlier than December 31, 2016 pursuant to Paragraph 27 hereof. Road Maintenance and Improvement; Transportation Plannine; Road and Bridee Account 14. Road Maintenance Prior to Annexation. The Township shall continue its normal maintenance of existing Township roads, bridges, drainage facilities, and street signage for any property located within the Annexation Area until that property is annexed by the City. 15. Toint Maintenance/Improvement Expenses. The City and Township agree to develop a joint policy for sharing the cost of maintaining and improving Township roads that are adjacent to any property that is annexed pursuant to the terms of this Agreement. 16. Joint Transportation Planning. The City and the Township will work in cooperation with Dakota County, MnDOT and developers to assure that any new development within the Annexation Area properly addresses: 4 (a) the transportation needs of the project; (b) projected impacts on City and/or Township roads, especially those that are likely to result in the need to make improvements or upgrades due to increased traffic and/or different types of usages; and (c) compliance with the transportation system set forth in the City's Comprehensive Plan. 17. Road and Bridge Account. The Township shall create a new road and bridge account that is separate from its existing road and bridge account. Payments of the type referred to in Paragraph 19 below shall be deposited into the new account. The Township may transfer up to 7.5% of each such deposit into its general revenue fund. Funds in the new road and bridge account shall be used exclusively for the following purposes: (a) Maintenance: The funds in question may be applied to roadway maintenance costs on Roadway Segments A, B, C or D, as identified on the attached Exhibit B, and on Berring Avenue and 230th Street. (b) Improvements: The funds in question may be applied to the cost(s) of constructing, reconstructing, paving or otherwise improving Roadway Segments A, B, Cor D, as identified on the attached Exhibit B, and 230th Street. The Township's engineer shall discuss any proposed or anticipated expenditure in excess of $1000 with the City's Public Works Director prior to the authorization or commencement of the work in question. Any funds that remain in the account upon the expiration of this Agreement shall be returned to the City unless the parties have mutually agreed in writing, prior to said expiration, that those funds may be retained by the Township for other costs attributable to any additional development that occurs within an area subject to any separate Orderly Annexation Agreement between the City and the Township. Statutory Sharillf! of Tax Revenues 18. Property tax revenue generated by annexed properties shall be allocated between the City and the Township on the following basis: (a) Ash Street Orderly Annexation Area: For any past or future annexations involving properties located within the Ash Street Orderly Annexation Area, property tax 5 revenues related to commercial or industrial properties (only) will be shared by the City and the Township pursuant to the provisions of Minn. Stat. Sec 414.035, subd. 12, as set forth below: Subd. 12. Property taxes. When a municipality annexes land under subdivision 2, clause (2), (3), or (4), property taxes payable on the annexed land shall continue to be paid to the affected town or towns for the year in which the annexation becomes effective. If the annexation becomes effective on or before August 1 of a levy year, the municipality may levy on the annexed area beginning with that same levy year. If the annexation becomes effective after August 1 of a levy year, the town may continue to levy on the annexed area for that levy year, and the municipality may not levy on the annexed area until the following levy year. In the first year following the year when the municipality could first levy on the annexed area under this subdivision, and thereafter, property taxes on the annexed land shall be paid to the municipality. In the first year following the year the municipality could first levy on the annexed area, the municipality shall make a cash payment to the affected town or towns in an amount equal to 90 percent of the property taxes distributed to the town in regard to the annexed area in the last year the property taxes from the annexed area were payable to the town; in the second year, an amount equal to 70 percent; in the third year, an amount equal to 50 percent; in the fourth year, an amount equal to 30 percent; and in the fifth year, an amount equal to ten percent. The municipality and the affected township may agree to a different payment. Any past payments due to the Township pursuant to this Paragraph 18(a) shall be calculated and paid as if this provision had been in effect as of the date of annexation. (b) Future Annexations: For any future annexations that are completed pursuant to the terms of this Agreement, property tax revenues related to properties located within the 2006-2016 Annexation Area shall be shared pursuant to Paragraph 19 of this Agreement. Tax Rebates to Castle Rock Township 19. Payments to Township. Upon annexation of any land per this Agreement, the Township shall not be entitled to receive tax revenue rebates from the City until such time as the property is developed or redeveloped. When development or redevelopment occurs, and the improved property is assessed in a manner that reflects the value of the completed development improvements, the Township shall begin to receive tax revenue rebates. The tax rebate received by the Township on any given developed or redeveloped residential parcel shall be equal to 50% of the amount of the City's share of the total property taxes paid on that parcel in the first tax year that reflects the full value of the completed initial improvements. Improvements shall be considered" completed" when the City issues a 6 Certificate of Occupancy. The payments due to the Township pursuant to this Agreement will be made within 60 days of the City's receipt of the property tax revenue(s) in question, or within 60 days of receipt by the City of the annual accounting from the Township, whichever is later. 20. The Township will provide an annual accounting of the use of funds from the Road and Bridge Account referred to herein. If the City wishes to challenge the accounting, it may do so at its own expense. If there is an error in the Township's accounting the error will be corrected by the proper jurisdiction. If the error is in the Township's favor, the expense the City incurred to audit the Township's accounting will be paid through a reduction of funds owed to the Township pursuant to this Agreement. Dispute Resolution and Amendment 21. Disputes concerning this agreement shall be resolved as follows: (a) NEGOTIATION. When a disagreement over interpretation of any provision of this agreement occurs, the City and Township must meet at least once, at a mutually convenient time and place, to attempt to resolve the dispute through negotiation. (b) MEDIATION. If the parties are unable to resolve a dispute, claim or counterclaim, or are unable to negotiate a mutually acceptable interpretation of any provision of this agreement, the parties may mutually agree in writing to seek relief by submitting their respective grievances to non-binding mediation. (c) ADJUDICATION. When the parties are unable to resolve a dispute, claim or counterclaim, or are unable to negotiate a mutually acceptable interpretation of any provisions of this agreement, or are unable to agree to submit their respective grievances to non-binding mediation, then either party may seek relief through initiation of an action in a court of competent jurisdiction. In addition to the remedies provided for in this agreement and any other available remedies at law or equity, in the case of a violation, default or breach of any provision of this agreement, the non-violating, non-defaulting, non-breaching party may bring an action for specific performance to compel the performance of this agreement in accordance with its terms. If a court action is required, the court may reimburse the prevailing party for its reasonable attorney's fees and costs. 7 General Terms and Provisions 22. This agreement may not be modified, amended or altered except upon the written joint resolution of the City and Township, duly executed and adopted by the City Council and Township Board of Supervisors, and filed with the MBAU. Either party to this agreement may request an amendment. Requests for amendments will first be considered by each jurisdiction's Planning Commission. Their recommendations shall be forwarded to the Township Board and the City Council. The City and Township agree to meet jointly on an annual basis to consider and discuss (a) the usage of Road and Bridge Account funds during the preceding twelve months and (b) possible modifications to this orderly Annexation Agreement. 23. The terms, covenants, conditions and provisions of this agreement, including the present and all future attachments, shall constitute the entire agreement between the parties, superseding all prior agreements and negotiations regarding the Annexation Area (with the exception of any jointly approved roadway maintenance agreements between the City and the Township). There are no understandings, agreements or assumptions other than the written terms of this agreement. 24. This agreement shall be binding upon and benefit the respective successors and assigns of the City and Township. Specifically, this agreement is binding upon the governmental entity that survives or is created by any action on the part of the Township to merge, consolidate, detach, annex, reorganize or incorporate. 25. This agreement is made pursuant to, and shall be construed in accordance with, the laws of the State of Minnesota. In the event any provision of this agreement is determined or adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect. 26. Upon the filing of this Agreement and resolution with the MBAU, the parties will not request any alteration of the boundaries of the land constituting the Annexation Area, or any change in the annexation of land not provided for in this agreement. The MBAU may review and comment on the annexation resolution, but may not otherwise consider the resolution or alter the Annexation Area boundaries. Within thirty (30) days of receipt of an annexation resolution adopted by the City, which complies with this Agreement, the MBAU must order the annexation of the area described in the annexation resolution in accordance with the terms and conditions of this agreement. 8 Termination of Orderly Annexation A2'reement 27. This agreement shall terminate on December 31, 2016, or the date upon which all permitted annexation of land in the Annexation Area has been completed, whichever occurs sooner. Notwithstanding the termination of this agreement, the following provisions shall remain binding and enforceable after the termination of the agreement for all properties annexed under the terms of this agreement: (a) Paragraph 17 - Relating to use of tax rebate funds. Any funds in the Road and Bridge Account (Paragraph 17 hereof) shall remain available to the Township for the purposes referred to in Paragraph 17 until the later of: 1. December 31, 2016, or 2. Two (s) years after the City Council's approval of the last annexation of property located within the Annexation Area that occurs prior to December 31,2016. (b) Paragraph 19 - Relating to tax rebates; and (c) Paragraph 20 - Relating to annual accounting. Bindin2' A2'reement. Director's Review 28. No alteration of the areas set forth herein for orderly annexation, or their boundaries is appropriate. The director may review and comment, but not alter the boundaries. 29. This Orderly Annexation Agreement designates certain areas as eligible for orderly annexation, and provides the conditions for the annexation of those areas. The parties agree that no consideration by the director is necessary, and that therefore the director may review, and comment, but shall, within thirty (30) days of the submission of a petition for annexation in conformity with this Agreement, order annexation consistent with the terms of this Orderly Annexation Agreement, and Resolutions submitted pursuant thereto. 30. This Agreement is a binding contract, and provides the exclusive procedures by which the unincorporated property identified in the Agreement may be annexed to the City. The City shall not annex property within the Annexation Area by any other procedure. 9 ADOPTED BY THE CASTLE ROCK TOWNSHIP BOARD OF SUPERVISORS ON THE DAY OF 2006. ----- --------------, ATIESTEDTO: By: _________________________ Its: Board Chair By: ________________________________ Its: Town Clerk ADOPTED BY THE FARMINGTON CITY COUNCIL ON THE ______________,2006. DAY OF A TIESTED TO: By: _________________________ _______________, 11ayor By: ________________________________ ________________ City Administrator 10 . >>'6l NOSH3.LHd 1 a1VNOa i . (S>\O.8 ~~ i O\~ ~ 1l1l f -", "'> 13 ~ ~ g.e. ~ ::;:::;: I 1 ;; ~ ~ saJav 99'9l NOSH3.LHd 101VNOa < E-4 1-4 = 1-4 ~ on ~ ~ III ci . III N ci III N ~ ci o . ]: ,J s:: III >. 8 5 ~ ~"E1l ,b'''' ,3 ~'E~ o~ S l: '* 0" 0" ~.z ~ ij.Jl] ~~ <.:l '0 ,,~~.@' ~~ ~ 0 .., ..c ~ 8 8.-E ..:10 a ::!~!i:J:o o I ~D [] +~ ~ EXHIBIT A ------ I .. It) "" 0 ~ I - <D 00 el 3A V 3NIV'lH I N N ~ ~ I g~ 00 1.0 1.0 " ~~lllal '" 1.0 1.0 .:0 N N &l II II II II I ~.~ '" < !:Q u 01 ~~ ~ ClI ClI ...- :!::!: So I I I I I :i I .i I .t I I!l I (j ...- I < L____ - ~ ...- ::l 3A V A3}1anV HA V 3ll3NNV ~ ~ ~ ~ ~ = >< ~ ~~ ~d <C~ ~u ~ ~ ~ ~ o ~ v Om3A'lV ~ ~ o < l? ~~ ~ ~ !:Q u E-< ~ ~ ~ ~ o ~ - Q) Q) u... ~D EXHIBIT B 10l a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us FROM: Mayor, City Council, City Administrato@ Robin Roland, Finance Director TO: SUBJECT: Adopt Resolution - Preliminary 2007 Tax Levy DATE: September 5,2006 INTRODUCTION State statute requires a preliminary 2007 tax levy to be certified to the County by September 15, 2006. Once the proposed tax levy is adopted, the City Council may lower the levy, but cannot increase it. DISCUSSION AND BUDGET IMPACT The City Council was presented a copy of the Preliminary 2007 Budget on August 21, 2006. Submitted with this memo is a revision to that document which reflects adjustments to balance the revenues and expenditures of the 2007 budget. The Preliminary Tax Levy proposed as part of the budget is $8,176,780 and includes $1,766,290 for debt service, and $65,000 for the Fire levy. The proposed levy maintains the 2006 City tax capacity rate at the 43.34% level. The State has not imposed levy limits for 2007. As mentioned before, the preliminary levy is the maximum levy which Council could adopt for 2007. The final levy, which will be adopted in December, may be less than the preliminary but it may not be more. Council should schedule a budget workshop to discuss the proposed 2007 budget in detail. The final levy and budget will be discussed at the Truth in Taxation hearing. ACTION REQUIRED (1) Adopt the attached resolution, certifying the 2007 Preliminary Tax Levy to Dakota County and establishing December 4, 2006 at 7:00 P.M. as the City of Farmington's Truth in Taxation hearing for Tax Levy collectible 2007. (2) Schedule a budget workshop to review the proposed 2007 budget. Respectfully submitted, ~#( Robin Roland Finance Director RESOLUTION NO. R -06 APPROVING PROPOSED 2006 TAX LEVY COLLECTIBLE IN 2007 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Civic Center of said City on the 5th day of September 2006 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Minnesota Statutes currently in force require certification of the proposed tax levy to the Dakota County Auditor on or before September 15, 2006; and WHEREAS, the City Council of the City of Farmington, Minnesota, is in receipt of the proposed 2007 revenue and expenditure budget; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Farmington, that the following sums of money be levied in 2006, collectible in 2007, upon the taxable property in said City of Farmington for the following purposes: General Fund Debt Service (see attached schedule) Fire Levy Gross Levy Less: Fiscal Disparities Net Levy $6,345,490 1,766,290 65,000 $8,176,780 (931,980) $7,244,800 BE IT FURTHER RESOLVED that a Truth in Taxation public hearing will be held on Monday, December 4,2006 at 7:00 P.M. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of September 2006. Mayor City Administrator 2007 BUDGET Summary of Debt Service Levy to be Attached and Become part of Resolution Number -06 Total $ 235,743 17,913 60,000 456,438 165,221 231,275 100,000 334,300 165,400 $1,766,290 Improvement Bonds of 2003A GO Refunding Bonds of2004A Wastewater Treatment bonds of 1995 Public Project Revenue Bonds of2001A GO Capital Improvement Plan Bonds 2005C Improvement Bonds of 2005B Improvement Bonds of 2006A Certificates of Indebtedness 2004 Certificates of Indebtedness 2005 2007 PRELIMINARY LEVY & BUDGET City of Farmington City Council presentation 9/5/2006 Comparison of Requested Levy 2006 YS. 2007 2006 2007 %Chg General Fund 4,440,937 5,413,410 21.9% Fiscal I 794,764 931,980 17.3% Disparities Fire Levy 62,500 65,000 4% Debt Service 1,195,003 1,766,290 47.8% Cap Project 175,000 01-100% Total 6,668,204 8,176,780 122.6% Comparison of Total Tax Base Valuation 2006 YS. 2007 2006 i 2007 %chg i Gross Tax 15,636,879 17,697,291 13.2% Capacity Value Less Fiscal (483,136) (531,093) 9.9% Disparities Less Tax Incrmt (1,604,232) (450,000) i -71.9% Values i Net Tax Capacity 13,549,511 16,716,198 ! 23.3% Value 2007 BUDGET HIGHLIGHTS · Proposed preliminary levy for all purposes is $8,176,780; $1,508,576 or 22.6% over the 2006 levy of $6,668,204. 2007 BUDGET HIGHLIGHTS · The City's tax base for 2007 reflects an increase of 23.3% over 2006 due to several TIF districts being decertified. 2007 BUDGET HIGHLIGHTS · General fund revenues are estimated at $8,744,690 with 73% from property taxes. · No levy limit in 2007. · Expenditures are proposed to increase by 12.6% over 2006 adopted budget; 8.5% exclusive of capital outlay. 1 2007 BUDGET HIGHLIGHTS . Increase due to salary & benefit contractual obligations, PERA increase and DCC dispatch operations beginning in 2007. . Proposed capital outlay for 2007 totals $317,558 and is included in the General Fund expenses. . Additional staffing proposed is an increase in the Communications specialist position from part-time to full time. EXPENDITURES 2006 Adopted vs. 2007 Proposed I 2006 Adoptod ! 2007 Proposod i % change Administration $ 650,710 I $ 717,647 10.3% HRlIT 332,944 422,118 26.8% Finance 457,719 486,290 6.2% Comm. Devlp. 359,348 371,486 3.4% Police I 2,679,280 3,181,897 18.7% Fire/Rescue 531,006 ! 646,642 i 21.6% Public Works 1,515,059 1,592,508 5.1% Parks & Rec. 1,029,861 1,168,572 13.5% Transfers out 207,530 157,530 -24.0% Total 7,763,457 6,744,690 12.6% SUMMARY (con't.) o Market value of median value home: 2006 = $229,400, 2007 = $243,500 o Market value increase 5.96% o City portion of taxes payable median value home: 2006 = $994; 2007 = $1055 REVENUES 2006 Adopted V5. 2007 2006 Adoptod 2007 Proposod % chanse Taxes $ 5,298,201 $ 6,410,490 21.0% Permits/Licenses 1,006,756 906,200 -10.0% Intergovernmental , 350,000 350,000 0.0% Charges 439,000 452,000 I 3.0% Fines 83,100 79,000 ; -4.9% Interest 225,000 225,000 0.0% Other 13,500 32,000 137.0% Transfers In 347,900 290,000 -16.6% Total 7,763,457 8,744,690 12.6% Summary . Tax levy increase 22.6% over 2006; 8.6% for debt levies, balance to the General Fund. . Proposed tax levy results in a flat tax capacity rate: 2006 = 43.348, 2007 = 43.34. 9 8 7 6 5 4 3 ~ I ~ 2004 2005 2006 2007 o Revenues I~ ~::n:"1 I 2 Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. R55CKSUM LOG23000VO COUNCIL MEETING ON SEPTEMBER 5, 2006 Vendor 4 PAWS ANIMAL CONTROL Business Unit POLICE ADMINISTRATION ACTION COMMUNICATIONS INC PATROL SERVICES CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 8/21/2006 - 9/4/2006 Object Amount PROFESSIONAL SERVICES 1,011.75 1,011.75 EQUIP SUPPLIES & PARTS 293.15 293.15 MACHINERY & EQUIPMENT 87.90 87.90 CREDIT UNION PAYABLE 2,125.00 2,125.00 STREET MATERIALS 892.33 892.33 PROFESSIONAL SERVICES 352.00 352.00 COST OF GOODS SOLD 22,490.80 COST OF GOODS SOLD 24,422.95 46,913.75 PROGRAMMING EXPENSE 26.49 26.49 PROFESSIONAL SERVICES 260.00 260.00 PROFESSIONAL SERVICES 5,859.95 PROFESSIONAL SERVICES 5,675.43 11,535.38 PREPAID EXPENSES 1,887.49 1,887.49 VEHICLE REPAIR SERVICE 113.75 113.75 SIGNS & STRIPPING MATERIALS 92.41 OTHER SUPPLIES & PARTS 4,428.27 4,520.68 ADAMSON INDUSTRIES CORP CAPITAL ACQUISITION AFFINITY PLUS FEDERAL CREDIT U EMPLOYEE EXPENSE FUND AGGREGATE INDUSTRIES INC STREET MAINTENANCE ALBRIGHT, JIM RECREATION PROGRAM SERVICES ALCORN BEVERAGE CO. INC. DOWNTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR REVENUE ALLEN, ANNIE SWIMMING POOL OPERATIONS ALLlNA MEDICAL CLINIC INFORMATION TECHNOLOGY AMERICAN ENGINEERING TESTING I SPRUCE ST EXTENSION HILLDEE RECONSTRUCTION AMERICAN LEGION CLUB ESCROW FUND ANCOM TECHNICAL CENTER FIRE SERVICES ANDERSENINC,EARLF STREET MAINTENANCE PARK MAINTENANCE ~ R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/200611:36:54 Council Check Summary Page - 2 8/21/2006 - 9/412006 Vendor Business Unit Object Amount APPLE VALLEY FORD PATROL SERVICES VEHICLE SUPPLIES & PARTS 143.18 PATROL SERVICES VEHICLE REPAIR SERVICE 37.43 180.61 ASLAKSON'S BLACKTOPPING SERVIC MIL & OVERLAY ANNUAL PRJ CONSTRUCTION CONTRACTS 99,503.34 99,503.34 ASPEN MILLS FIRE SERVICES UNIFORMS & CLOTHING 51.29 51.29 ASPENWALL TREE SERVICE INC NATURAL RESOURCES PROFESSIONAL SERVICES 452.63 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 26.62 479.25 BATCHELDER, JIM RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 563.64 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 100.36 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,303.52 PILOT KNOB LIQUOR REVENUE OTHER SUPPLIES & PARTS 240.20 2,207.72 BELZER'S CHEVIDODGEIKIA, JEFF PARK MAINTENANCE VEHICLE SUPPLIES & PARTS 168.10 168.10 BERRY COFFEE COMPANY ADMINISTRATION OFFICE SUPPLIES 47.22 EMPLOYEE EXPENSE FUND COFFEE FUND 141.68 188.90 BJ PRODUCTIONS SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 150.00 150.00 BONESTROO ROSENE ANDERLlK INC ENGINEERING SERVICES PROFESSIONAL SERVICES 5,139.00 STREET MAINTENANCE PROFESSIONAL SERVICES 665.08 PARK IMPROVEMENT FUND PROFESSIONAL SERVICES 1,870.00 ANNUAL SEALCOATING PROJECT PROFESSIONAL SERVICES 1,016.16 ASH STREET PROJECT PROFESSIONAL SERVICES 2,922.63 208th ST WEST PROFESSIONAL SERVICES 923.61 SPRUCE ST EXTENSION PROFESSIONAL SERVICES 74,605.54 ELM ST RECONSTRUCTION PROFESSIONAL SERVICES 2,189.66 TH #3 IMP PROFESSIONAL SERVICES 550.50 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 3 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount FIRST STREET GARAGE PROFESSIONAL SERVICES 180.00 STORM WATER TRUNK PROFESSIONAL SERVICES 861.50 PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 24,502.62 FLAGSTAFF AVE PROFESSIONAL SERVICES 8,408.98 HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 47,970.41 MIL & O"ERU'Y "NN""L PR I PROFESSIONAL SER"ICES ::l S4n 77 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 4,445.61 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 5,508.62 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 1,214.00 WELL #8 PROFESSIONAL SERVICES 20,549.95 207,064.64 CAMPBELL KNUTSON LEGISLATIVE CONTROL LEGAL 1,390.50 ADMINISTRATION LEGAL 1,122.51 HUMAN RESOURCES LEGAL 81.00 PLANNING & ZONING LEGAL 1,363.50 POLICE ADMINISTRATION LEGAL 5,211.77 ENGINEERING SERVICES LEGAL 922.50 RECREATION PROGRAM SERVICES LEGAL 135.00 HRNECONOMIC DEVELOPMENT LEGAL 1,012.50 POLICE FORFEITURES LEGAL 202.50 ASH STREET PROJECT LEGAL 180.00 SPRUCE ST EXTENSION PROFESSIONAL SERVICES 337.50 PRIVATE CAPITAL PROJECTS LEGAL 742.50 12,701.78 CARITRUCK CITY CAPITAL ACQUISITION VEHICLES 30,858.56 30,858.56 CARDMEMBER SERVICES HUMAN RESOURCES TRAINING & SUBSISTANCE 61.54 BUILDING MAl NT SERVICES CLEANING SUPPLIES 32.73 RECREATION PROGRAM SERVICES EQUIPMENT REPAIR SERVICE 25.17 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 324.29 SENIOR CENTER PROGRAMS EQUIP SUPPLIES & PARTS 32.22 SWIMMING POOL OPERATIONS TRAINING & SUBSISTANCE 317.00 DOIIIINTOIIIIN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 57.08 PILOT KNOB LIQUOR REVENUE OTHER SUPPLIES & PARTS 39.85 889.88 CARLSON, TARA L RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 115.50 115.50 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 4 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount CITY CENTER DEVELOPMENT LLC DOWNTOWN LIQUOR REV & EXP BUILDING RENTAL 10,468.77 10,468.77 CMI MAILING & MARKETING SVS WATER UTILITY EXPENSE PROFESSIONAL SERVICES 422.31 422.31 CNH CAPITAL PARK MAINTENANCE RENTAL OF EQUIPMENT 423.30 423.30 CODE 3 INC FIRE SERVICES EQUIPMENT REPAIR SERVICE 42.27 42.27 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 22,445.15 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 23,495.80 45,940.95 COMMERCIAL ASP HAL T CO STREET MAINTENANCE STREET MATERIALS 664.10 664.10 COMPASS POINT TRAINING PATROL SERVICES TRAINING & SUBSISTANCE 275.00 275.00 D R HORTON ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 DAKOTA COUNTY LUMBER COMPANY PARK MAINTENANCE OTHER SUPPLIES & PARTS 185.70 185.70 DAKOTA COUNTY TREASURER/AUDITO ADMINISTRATION TRAINING & SUBSISTANCE 300.00 INFORMATION TECHNOLOGY TRAINING & SUBSISTANCE 150.00 FLEET OPERATIONS TRAINING & SUBSISTANCE 75.00 525.00 DAKOTA ELECTRIC ASSOCIATION POLICE ADMINISTRATION ELECTRIC 1,847.03 EMERGENCY MGMT SERVICES ELECTRIC 21.32 FIRE SERVICES ELECTRIC 1,197.81 SIGNAL MAINTENANCE ELECTRIC 9,263.08 BUILDING MAINT SERVICES ELECTRIC 589.53 PILOT KNOB LIQUOR REVENUE ELECTRIC 1,349.75 SEWER OPERATIONS EXPENSE ELECTRIC 857.18 SOLID WASTE OPERATIONS ELECTRIC 714.76 STORM WATER UTILITY OPERATIONS ELECTRIC 142.95 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 5 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount WATER UTILITY EXPENSE ELECTRIC 11,821.46 27,804.87 DAKOTA FENCE OF MN INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 323.48 323.48 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,544.05 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,683.60 7,227.65 DIAMOND MOWERS STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 399.43 399.43 ECM PUBLISHERS INC WATER UTILITY EXPENSE ADVERTISING 104.00 104.00 ECONO FOODS ADMINISTRATION TRAINING & SUBSISTANCE 3.73 POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 100.54 104.27 ELLIOTT, MITCH SEWER OPERATIONS REVENUE ENTERPRISE SALES 62.78 62.78 EUREKA CONSTRUCTION INC SPRUCE ST EXTENSION CONSTRUCTION CONTRACTS 361,620.97 361,620.97 FARMINGTON BAKERY INC FIRE SERVICES TRAINING & SUBSISTANCE 183.36 183.36 FARMINGTON COMMUNITY EDUCATION RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 154.47 154.47 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 51.00 51.00 FARMINGTON PRINTING INC RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 34.08 STREET CONSTRUCTION OUTSIDE PRINTING 387.66 ESCROW FUND PREPAID EXPENSES 223.65 645.39 FINKE, ROBERT RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 6 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount FIRE GUARD SPRINKLER GENERAL FUND REVENUES OTHER PERMITS 169.50 169.50 FORESTRY SUPPLIERS INC NATURAL RESOURCES OTHER SUPPLIES & PARTS 268.34 268.34 FRONTIER COMMUNICATIONS PATROL SERVICES TELEPHONE 67.15 WATER UTILITY EXPENSE TELEPHONE 189.00 256.15 FRONTIER COMMUNICATIONS OF AME COMMUNICATIONS TELEPHONE 58.23 58.23 FRONTIER COMMUNICATIONS-ACCESS INFORMATION TECHNOLOGY TELEPHONE 337.23 POLICE ADMINISTRATION TELEPHONE 143.05 FIRE SERVICES TELEPHONE 143.06 623.34 GARTNER REFRIGERATION & MFG IN ICE ARENA OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 3,063.27 3,063.27 GEISE, TRACY EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 660.00 660.00 GOPHER STATE ONE-CALL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 491.54 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 491.56 983.10 GRABER,KRYSTLE SWIMMING POOL OPERATIONS PROGRAMMING EXPENSE 38.34 38.34 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 9,461.08 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 9,979.58 19,440.66 GS DIRECT INC COMMUNITY DEVELOPMENT OFFICE SUPPLIES 17.14 ENGINEERING SERVICES OFFICE SUPPLIES 17.13 RECREATION PROGRAM SERVICES OFFICE SUPPLIES 17.13 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 17.14 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 17.14 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 17.14 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 7 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount 102.82 HAWKINS INC WATER UTILITY EXPENSE CHEMICALS 15.325.70 15,325.70 HOHENSTEINS INe DO\^INTO\^IN L1QIIOR REV R. I=XP (,:O!':T 01= (:;oon!': !':Ol n 61340 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 610.90 1,224.30 HOLST, GARY RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 176.00 176.00 HORIZON COMMERCIAL POOL SUPPLY BUILDING MAl NT SERVICES BUILDING SUPPLIES & PARTS 50.36 SWIMMING POOL OPERATIONS CHEMICALS 507.34 SEWER OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 62.98 SOLID WASTE OPERATIONS BUILDING SUPPLIES & PARTS 62.98 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 12.60 WATER UTILITY EXPENSE BUILDING SUPPLIES & PARTS 62.98 759.24 HOTSY EQUIPMENT OF MINNESOTA BUILDING MAINT SERVICES EQUIP SUPPLIES & PARTS 63.37 SEWER OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 79.21 SOLID WASTE OPERATIONS EQUIP SUPPLIES & PARTS 79.21 STORM WATER UTILITY OPERATIONS EQUIP SUPPLIES & PARTS 15.84 WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 79.21 316.84 HUGHES, RUSSELL RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 4,626.92 4,626.92 IKON OFFICE SOLUTIONS ADMINISTRATION EQUIPMENT REPAIR SERVICE 4,634.88 ADMINISTRATION RENTAL OF EQUIPMENT 1,716.78 6,351.66 IMAGES ON METAL INC RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 77.93 77.93 INTOXIMETERS PATROL SERVICES OFFICE SUPPLIES 120.88 120,88 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 8 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount JG WEAR BUILDING MAl NT SERVICES UNIFORMS & CLOTHING 211.00 211.00 JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 8,613.35 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 11,196.23 19,809.58 KAELBERER, JAMIE GENERAL FUND REVENUES RECREATION FEES - GENERAL 25.00 25.00 KALEVIG, DUANE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 21.91 21.91 KELLY ELECTRIC INC BUILDING MAINT SERVICES BUILDING REPAIR SERVICE 22.53 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 105.26 SWIMMING POOL OPERATIONS PROFESSIONAL SERVICES 114.14 ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 112.61 SEWER OPERATIONS EXPENSE BUILDING REPAIR SERVICE 28.15 SOLID WASTE OPERATIONS BUILDING REPAIR SERVICE 28.15 STORM WATER UTILITY OPERATIONS BUILDING REPAIR SERVICE 5.63 WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 28.15 444.62 KEYLAND HOMES ESCROW FUND DEPOSITS PAYABLE 4,000.00 4,000.00 LAKEVILLE SENIOR CENTER SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 300.00 300.00 LAKEVILLE, CITY OF PATROL SERVICES CONTRACTUAL SERVICES 9,816.35 FIRE SERVICES CONTRACTUAL SERVICES 4,908.18 SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 300.00 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 1,509.50 16,534.03 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 240.50 240.50 LEMM, NATHAN C & SARAH L GENERAL FUND REVENUES RENTAL INCOME 25.00 25.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 9 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount LEWIS, KENNETH R BUILDING INSPECTIONS MILEAGE REIMBURSEMENT 24.03 24.03 LINDSTROM, RONALD SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 33.38 33.38 LOCAL GVMT INFO SYSTEMS ASSN. HUMAN RESOURCES DATA PROCESSING 1,102.00 INFORMATION TECHNOLOGY OFFICE SUPPLIES 133.17 INFORMATION TECHNOLOGY DATA PROCESSING 837.00 GENERAL ACCOUNTING DATA PROCESSING 1,829.00 BUILDING INSPECTIONS DATA PROCESSING 1,560.00 POLICE ADMINISTRATION DATA PROCESSING 5,253.00 SEWER OPERATIONS EXPENSE DATA PROCESSING 335.50 SOLID WASTE OPERATIONS DATA PROCESSING 335.50 STORM WATER UTILITY OPERATIONS DATA PROCESSING 335.50 WATER UTILITY EXPENSE DATA PROCESSING 335.50 12,056.17 LUTZ RAILROAD GARDEN SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 28.00 28.00 M W JOHNSON ESCROW FUND DEPOSITS PAYABLE 229.67 229.67 M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 933.45 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 856.39 1,789.84 MADDEN & ASSOCIATES, FRANK HUMAN RESOURCES PROFESSIONAL SERVICES 124.80 124.80 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,616.29 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 6,189.20 10,805.49 MAXIMUM VOLTAGE POLICE ADMINISTRATION VEHICLE SUPPLIES & PARTS 110.71 PATROL SERVICES EQUIP SUPPLIES & PARTS 48.94 159.65 METROPOLITAN COUNCIL ENVIRONME SEWER OPERATIONS EXPENSE MCES FEES 64,677.84 64,677.84 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 10 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 697.63 697.63 MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108.34 108.34 MINNESOTA PIPE AND EQUIPMENT WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 119.41 119.41 MINNESOTA POLLUTION CONTROL AG 208th ST WEST PROFESSIONAL SERVICES 240.00 240.00 MINNESOTA RECREATION & PARKAS RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 300.00 300.00 MINNESOTA ROADWAYS CO STREET MAINTENANCE STREET MATERIALS 298.20 298.20 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 18,824.43 18,824.43 MINNESOTA UI FUND EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 3,036.32 3,036.32 MINNESOTA, STATE OF BUILDING INSPECTIONS TRAINING & SUBSISTANCE 140.00 208th ST WEST PROFESSIONAL SERVICES 150.00 290.00 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,314.24 1,314.24 MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 277.94 277.94 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175.00 175.00 MOORE MEDICAL CORP RESCUE SQUAD SERVICES OTHER SUPPLIES & PARTS 486.60 486.60 MUZZY, NORM ASH STREET PROJECT OTHER 647.75 647.75 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/200611:36:54 Council Check Summary Page - 11 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 185.75 185.75 NORMAN, PATTI RECREATION PROGRAM SERVICES SUBSCRIPTIONS & DUES 40.00 RECREATION PROGRAM SE~\IICES l\IIlI FAGI= RI=IMRIIRSI=MI=NT 17 R? 57.82 NORTHERN DAKOTA COUNTY ADMINISTRATION TRAINING & SUBSISTANCE 15.00 COMMUNITY DEVELOPMENT TRAINING & SUBSISTANCE 15.00 30.00 NORTHLAND FIRE & SECURITY GENERAL FUND REVENUES OTHER PERMITS 47.00 47.00 NRG ENERGY INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 895.65 895.65 NRG PROCESSING SOLUTIONS LLC NATURAL RESOURCES PROFESSIONAL SERVICES 214.50 214.50 OFFICE MAX FIRE SERVICES BUILDING SUPPLIES & PARTS 19.16 19.16 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 3,884.55 3,884.55 PEARSON BROTHERS INC ANNUALSEALCOATING PROJECT CONSTRUCTION CONTRACTS 114,711.35 114,711.35 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,669.03 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,435.34 6,104.37 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 14,411.74 14,411.74 POLFUS IMPLEMENT INC. PARK MAINTENANCE EQUIP SUPPLIES & PARTS 7.72 7.72 PRAIRIE RESTORATIONS INC STORM WATER UTILITY OPERATIONS LANDSCAPING MATERIALS 190.99 190.99 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 12 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount PRIVATE UNDERGROUND INFORMATION TECHNOLOGY PROFESSIONAL SERVICES 706.50 706.50 PRO-SWEEP INC PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 506.25 HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 225.00 731.25 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 11,179.44 EMPLOYEE EXPENSE FUND PERA 13,647.85 24,827.29 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,053.55 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,904.37 5,957.92 REED BUSINESS INFORMATION SPRUCE ST EXTENSION LEGAL NOTICES PUBLICATIONS 163.24 163.24 RIVERTOWN NEWPAPER GROUP HUMAN RESOURCES EMPLOYMENT ADVERTISING 106.00 PLANNING & ZONING LEGAL NOTICES PUBLICATIONS 231.00 FIRE SERVICES SUBSCRIPTIONS & DUES 70.00 SPRUCE ST EXTENSION LEGAL NOTICES PUBLICATIONS 70.00 ELM ST RECONSTRUCTION ADVERTISING 105.00 HILLDEE RECONSTRUCTION LEGAL NOTICES PUBLICATIONS 14.00 WATER UTILITY EXPENSE ADVERTISING 105.00 701.00 SAUBER PLUMBING & HEATING CO. DEPOT WAY ART PARK OTHER CONSTRUCTION COSTS 2,485.00 2,485.00 SAUTER, ROBERT EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 2,360.00 2,360.00 SCHULLER, PAUL & NANCY SOLID WASTE OPERATIONS REVENUE ENTERPRISE SALES 7.50 7.50 SCHWANZ LAND SURVEYORS INC, DE HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 1,800.00 1,800.00 SCHWlNESS LLC PILOT KNOB LIQUOR REVENUE BUILDING RENTAL 13,242.16 13,242.16 . R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/2006 11 :36:54 Council Check Summary Page - 13 8/21/2006 - 9/4/2006 Vendor Business Unit Object Amount SCOVILL, SHAWN PATROL SERVICES UNIFORMS & CLOTHING 67.93 67.93 SONATA HOMES ESCROW FUND DEPOSITS PAYABLE 2,000.00 ? nnn nn ST CROIX RECREATION CO INC PARK MAINTENANCE EQUIP SUPPLIES & PARTS 475.69 475.69 STAR TRIBUNE HUMAN RESOURCES EMPLOYMENT ADVERTISING 1,342.00 1,342.00 STREICHER'S PATROL SERVICES UNIFORMS & CLOTHING 799.95 799.95 SUMMIT CUSTOM LANDSCAPE INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 1,906.35 1,906.35 SUNDGREN,MARK INVESTIGATION SERVICES UNIFORMS & CLOTHING 54.00 54.00 TECH SALES CO SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 1,275.00 1,275.00 TESSMAN SEED CO - ST PAUL PARK MAINTENANCE OTHER SUPPLIES & PARTS 1,948.95 1,948.95 TIEDENS, SCOTT SWIMMING POOL OPERATIONS RENTAL INCOME 83.00 83.00 TOM'S SEAMLESS GUTTERS WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 560.00 560.00 TRI-COUNTY BEVERAGE & SUPPLY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 320.90 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 320.90 641.80 WACKER, MARILYN PATROL SERVICES UNIFORMS & CLOTHING 6.00 6.00 WELCOME FRIENDS HUMAN RESOURCES OTHER 50.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 8/31/200611:36:54 Council Check Summary Page - 14 8/21/2006 - 9/412006 Vendor Business Unit Object Amount 50.00 V\IINE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 544.33 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,031.85 1,576.18 V\IINGFOOT COMMERCIAL TIRE PATROL SERVICES VEHICLE TIRES 892.16 SOLID WASTE OPERATIONS VEHICLE TIRES 207.23 1,099.39 WOLD ARCHITECTS & ENGINEERS IN SV\IIMMING POOL OPERATIONS PROFESSIONAL SERVICES CITY HALL PROFESSIONAL SERVICES 19,196.40 FIRST STREET GARAGE PROFESSIONAL SERVICES 3,277.95 22,474.35 ZAHL-PETROLEUM MAINTENANCE CO LIQUOR OPERATIONS MN SALES TAX DUE 1.50- DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 12.25 PILOT KNOB LIQUOR REVENUE OTHER SUPPLIES & PARTS 12.25 23.00 ZARNOTH BRUSH WORKS INC STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 698.11 698.11 Report Totals 1,328,296.06 APPROVALS: SODERBERG ~ F'OGARTY m J--( MCKNIGHT ~ j>l PRITZLAFF ~VlII.sON