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Home My WebLink About06.19.06 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 June 19, 2006 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMA TION STA TEMENT r;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 promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JUNE 19,2006 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 New Lieutenants - Fire Department b) Recognition of Jake Baskerville for His Selection as a "Diamond in the Rough" Essay Finalist - Parks and Recreation c) GFOA Budget Award 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Response to Comments - Moving of Evergreen Trees - Engineering 7. CONSENT AGENDA a) Approve Council Minutes (6/5/06 Regular) b) Curbside Clean-up Day Report - Parks and Recreation c) Adopt Resolution - Accept Donation Safety Camp Programs - Parks and Recreation d) School and Conference - Fire Department e) Adopt Resolution - Gambling Premise Permit - Administration f) Adopt Resolution - Accept Donation - Police Department g) May 2006 Financial Report - Finance h) Approve Insurance Deductible Level Change - Finance i) Adopt Resolution - Approve Development Contract - Swanson Acres - Engineering j) Approve Storm Sewer Easement Acquisition 19962 Akin Road - Engineering k) Appointment Recommendation Parks and Recreation - Human Resources 1) Approve Bills 8. PUBLIC HEARINGS a) Consider Resolution - Host Approval Issuance of Hospital Bonds - Finance Action Taken Introduced Recognized Information Received Enforce Code Approved Approved R63-06 Approved R64-06 R65-06 Information Received Approved R66-06 Approved Approved Approved R67-06 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Dakota County 2007-2011 CIP City Requests - Engineering b) Comprehensive Annual Financial Report December 2005 - Finance c) Adopt Resolution and Ordinance - Amending 2020 Comprehensive Plan and Zoning Map - ISD 192 - Community Development d) Adopt Resolution and Ordinance - Amending 2020 Comprehensive Plan and Review Schematic PUD Fairhill- Community Development e) Adopt Resolution - Approve Sunrise Ponds Final Plat - Community Development f) Adopt Resolution - Approve Development Contract - Sunrise Ponds - Engineering g) Approve Garvey/Olson, Mock Annexations - Community Development h) ISD 192 EA W - Community Development 11. UNFINISHED BUSINESS a) Great River Energy Powerline Easement - Finance (Verbal) b) Adopt Resolution - Approve Bond Sale - Finance (Supplemental) c) Budget Calendar - Administration 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Information Received Accepted R68-06 Ord 006-557 R69-06 R70-06 R 71-06 Tabled 7/3/06 Approved Information Received R72-06 Information Received City of Fanning ton 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 promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JUNE 19,2006 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 New Lieutenants - Fire Department b) Recognition of Jake Baskerville for His Selection as a "Diamond in the Rough" Essay Finalist - Parks and Recreation c) GFOA Budget Award 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Response to Comments - Moving of Evergreen Trees - Engineering 7. CONSENT AGENDA a) Approve Council Minutes (6/5/06 Regular) b) Curbside Clean-up Day Report - Parks and Recreation c) Adopt Resolution - Accept Donation Safety Camp Programs - Parks and Recreation d) School and Conference - Fire Department e) Adopt Resolution - Gambling Premise Permit - Administration f) Adopt Resolution - Accept Donation - Police Department g) May 2006 Financial Report - Finance h) Approve Insurance Deductible Level Change - Finance i) Adopt Resolution - Approve Development Contract - Swanson Acres - Engineering j) Approve Storm Sewer Easement Acquisition 19962 Akin Road - Engineering k) Appointment Recommendation Parks and Recreation - Human Resources 1) Approve Bills 8. PUBLIC HEARINGS a) Consider Resolution - Host Approval Issuance of Hospital Bonds - Finance 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 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Dakota County 2007-2011 CIP City Requests - Engineering b) Comprehensive Annual Financial Report December 2005 - Finance c) Adopt Resolution and Ordinance - Amending 2020 Comprehensive Plan and Zoning Map - ISD 192 - Community Development d) Adopt Resolution and Ordinance - Amending 2020 Comprehensive Plan and Review Schematic PUD Fairhill - Community Development e) Adopt Resolution - Approve Sunrise Ponds Final Plat - Community Development f) Adopt Resolution - Approve Development Contract - Sunrise Ponds - Engineering g) Approve Garvey/Olson, Mock Annexations - Community Development h) ISD 192 EA W - Community Development 11. UNFINISHED BUSINESS a) Great River Energy Powerline Easement - Finance (Verbal) b) Adopt Resolution - Approve Bond Sale - Finance (Supplemental) c) Budget Calendar - Administration 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 51; 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~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Recognition of Jake Baskerville DATE: June 19, 2006 INTRODUCTION Jake Baskerville, a 12 year old Farmington youth was selected as a finalist in the "Diamond in the Rough" essay contest sponsored by the Briggs and Stratton Corporation. DISCUSSION Jake Baskerville submitted an essay to the Briggs and Stratton Corporation about the Prairieview Park ballfield being a "diamond in the rough". Jake was selected as one of 16 national finalists for the contest, which resulted in $5,000 being provided by the Briggs and Stratton Corporation to make improvements to the Prairieview Park ballfield. It also resulted in Jake receiving a baseball prize package. On Friday, June 9, 2006, Jake was officially recognized by the Briggs and Stratton Corporation with a check presentation ceremony that was held at the Prairieview Park ballfield in Farmington. The City will be working with the Farmington Youth Traveling Baseball organization and Jake to determine what improvements are made to the ballfield at Prairieview Park. Once these improvements are completed, they will officially be accepted as a donation to the City. ACTION REQUESTED The only action needed is to publicly recognize Jake for his success with this contest. Respectfully Submitted, /~~ /litfJ Randy Distad, Parks and Recreation Director My name is Jake Baskerville. I live in a small but growing community called Farmington, Minnesota. The problem is that our fields can't keep up with the growth of our community. The field that we use is called "prairieview". If they build it they will come doesn't apply here, cause no one wants to come. We schedule most of our games away partly to avoid the embarrassment and partly so that we can enjoy what a real ball park is suppose to be like. The outfield is lumpy and bumpy, with big holes everywhere from the moles. We have no outfield fence, which makes popping one way out there a little less dramatic when you really don't know how far it went. Fences give players more confidence, something to aim for. Without a fence the words "Touch' em all Jake Baskerville will never be heard." The infield is all dirt. A grass infield would be a huge improvement. A pitching mound that wasn't created by the moles would be wonderful, fighting them for possession every game gets old. The other thing that would really be cool, is covered dugouts. There are no benches for the fans to sit. We hope that you will chose our field to be one of the Briggs and Stratton Diamond in the rough" fields. I have the power within to go as far as my love of the game will take me. The greatest American pastime has no boundaries in our minds. We play with pride and show respect to others, and good sportsmanship is not only expected of us it is demanded. Please give us the opportunity to show our pride in our own field of dreams, maybe there is such a thing as "Angels in the outfield," and their named Briggs and Stratton. q, Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 5~ June 1,2006 Mr. Peter J. Herlofsky, Jr. City Administration City of Farmington 325 Oak Street Farmington, MN 55024 Dear Mr. Helofsky: I am pleased to notify you that City of Farmington, Minnesota has received the Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Robin Roland, Finance Director We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, --<fl-~-4.:r~ Stephen J. Gauthier, Director Technical Services Center Enclosure www.gfoa.org ~d"D~RE/) ~ (t/ ~ 'l l, VJ 'IV Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 - 1210 .i 12.977 _ 9700 Fax.' 312.977 .4806 J June 1,2006 PRESS RELEASE For Further Information Contact Stephen 1. Gauthier (312) 977-9700 ************************************************************************************* Chicago--The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that City of Farmington, Minnesota has received the GFOA's Distinguished Budget Presentation A ward for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: . a policy document . a financial plan . an operations guide . a communications device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation A ward is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Robin Roland, Finance Director. For budgets including fiscal periods 2004, 1,027 entities received the A ward. A ward recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 16,000 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation A wards Program is the only national awards program in governmental budgeting. Washington, DC OtTice 1301 PennsvlvaniaAvenue, N.W., Suite 309 . Washington, DC 20004 . 202.393.8020 . fax: 202.393.0780 . www.gfoa.org hCl- 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 Administrato~ FROM: Jennifer Collova; Natural Resource Specialist SUBJECT: Response to Comments - Moving of Evergreen Trees Dave Berghuis, 19125 Dunbury Avenue Chris Rosenthal, 4818 191 st Street DATE: June 19,2006 INTRODUCTION There are several evergreen trees planted in the road right-of-way at three properties in the Autumn Glen Development. The properties involved are located at 4818 191st Street, 19125 Dunbury Avenue and 19097 Dunbury Avenue. In prior letters sent to the property owners involved, the City of Farmington requested that the evergreen trees planted in the City's road right-of-way be moved onto private property and behind the drainage and utility easement. The City of Farmington is responsible for regulating uses within the public road right-of-way. Per City ordinance, evergreen trees are not an allowable boulevard tree species due to sight hazards as the trees mature, limited snow storage and the space impacts to future users of the right-of-way. DISCUSSION Per Council request at the June 5, 2006 City Council meeting, this matter will be brought back to the City Council at the June 19,2006 meeting with a staff recommendation. The current June 19,2006 deadline for moving the evergreen trees will be revised. City staff has come up with the following recommendation. 1) The property owners will move the evergreen trees out of the road right-of way and behind the drainage and utility easement at the properties involved by October 31, 2006. 2) If the property owners decide not to move the trees or they are not moved by the above date, City staffwill remove the trees, at no cost to the property owner, and relocate them to a City owned park. City staff will replace, with sod, any areas that are damaged during the relocating of the trees. If the trees are removed and the property owners are interested in purchasing additional trees for their property, the Dakota County Soil and Water Conservation District (651-480-7777) has a tree sale in the spring of each year. City staff can be made available to assist in locating a suitable site for any new trees. BUDGET IMPACT None at this time. Per the recommendation staff may be required to remove the trees at the City's expense. This will involve staff time only and minimal cost for sod covered under the Natural Resource budget. ACTION REQUESTED Council direction on staff s recommendation. Respectfully S~9mitted, -" cc: file 70.., COUNCIL MINUTES PRE-MEETING JUNE 5, 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; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Dave Sanocki, Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty pulled the May 15, 2006 regular minutes to abstain from voting. She had previously asked for some clarification on the re-meandering project for Middle Creek. She requested the Budget Workshop be moved from June 7, 2006 to June 21, 2006. Councilmember McKnight pulled the May 1 7, 2006 special minutes to abstain from voting. He asked about the Great River Energy powerline easement and the fact that the money is going to the park improvement fund. Finance Director Roland explained that fund is used to pay for park improvements and was an obvious place to put the easement funds in order to pay for future improvements to other parks. The easement is going through the park. Councilmember McKnight wondered since the fund balance is not where we want it to be, ifthat money should go to the general fund balance. Staff noted that is up to Council. His next question was regarding the dates of the VFW gambling license. City Administrator Herlofsky stated there was a period of time in between dates and the state was informed it would be approved at this meeting. Councilmember McKnight then asked about the purchase of additional election equipment. He recalled he asked ifthere was enough equipment for six precincts. Administrative Services Director Shadick stated the additional equipment was in the 2006 budget. Councilmember McKnight asked about the Special Assessment Agreement for the Milner Council Minutes (Pre-Meeting) June 5, 2006 Page 2 Development. He stated at the last meeting he asked for some history on how this impacts the City to have this development fee as a special assessment and did not see that information in the packet. Community Development Director Carroll noted the memo states this procedure was done with Aerospace in the recent past. Staff feels the precedent was set with Vinge Tile and Aerospace. These funds are for surface water management which goes into the storm water trunk capital projects fund which has a $4 million balance. Councilmember McKnight preferred to have the history information included in the packet. Councilmember Wilson asked Councilmember Fogarty about the information she obtained on the re-meandering project. Councilmember Fogarty stated she knew why we were funding the project, but was confused as to why the City was not running the project. City Administrator Herlofsky had explained it was a joint project with the school district to be used for educational purposes. Councilmember Wilson asked about the capital outlay for picnic shelters. He was concerned with spending $45,000 since the total revenues through the first quarter in the park improvement fund are less than this expenditure. He was concerned as to whether this was a priority for the funds in the park improvement fund. Finance Director Roland explained the balance in the park improvement fund is in excess of $500,000 due to park improvement dedication fees that have come in from three major developments last year. The CIP counted on last year's fund balance to be able to start the process for paying for 2006. Councilmember Wilson noted the City is short on permits, not as bad as last year, but he was hoping to see 35%- 40% of budget by this point. Finance Director Roland noted the report is for the end of April. Currently permits are at 102 compared with 198 for all of2005. There are also two commercial permits. There will be a significant change in this number in May. There are also 25 pending and 30 more on the horizon. Councilmember Pritzlaff asked about the school and conference for Park and Rec. Parks and Recreation Director Distad explained the benefits that will be received from attending a national conference. Councilmember Pritzlaffwas concerned with the value received compared to the cost of the conference. This conference was included in the budget. Councilmember Pritzlaff suggested not sending someone two years in a row or sending one person rather than two people. Councilmember Pritzlaff also wanted to comment on several other items on the Consent Agenda during the regular meeting. Councilmember Pritzlaffasked about the purchase of new computers and asked if we can donate used computers. Human Resources Director Wendlandt explained the computers are recycled within the organization and by the end of that time, they are too old. Councilmember Pritzlaff asked about an expense item on the list of bills for the Farmington Bakery. Staff explained that was for a training program where lunch was provided. 5. STAFF COMMENTS City Administrator Herlofsky noted Community Development has updated the comprehensive plan map and the zoning map. They will be kept up to date in the future. Council Minutes (Pre-Meeting) June 5, 2006 Page 3 Finance Director Roland noted on the list of bills there is a check issued for an easement which has not been approved by Council. The check has been voided and will appear on the list of bills once the Easement Agreement is approved by Council. Community Development Director Carroll had distributed a revised Orderly Annexation Agreement with Castle Rock Township. Police Chief Siebenaler asked Council to remove the public hearing for Farmington BP as they have agreed to the conditions for their liquor license violation. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:53 p.m. APIF, MOTION CARRIED. Respectfully submitted, // ~~-?v7~ ~..~z~ ~; './ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR JUNE 5, 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; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Dave Sanocki, Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Aaron Vehing, Dave Berghuis, Chris Rosenthal, Russ Zellmer, Gary Pipho, Cliff Fleischmann 4. APPROVE AGENDA Councilmember Fogarty pulled item 7a) Council Minutes to abstain. Councilmember McKnight pulled item 7d) Approve Powerline Easement Agreement with Great River Energy for discussion. City Administrator Herlofsky added 5a) Introduce New Fire Captains. Police Chief Siebenaler asked to remove item 8b) Liquor License Suspension - Farmington BP as they have agreed to the stipulations and waived the public hearing. MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Fire Captains - Fire Department Fire Chief Tim Pietsch introduced newly appointed Fire Captains Trent Larson, Dan Meyer, and Brad Parker. 6. CITIZEN COMMENTS Mr. Brian McDonald, 18406 Everest Circle, spoke regarding the watering restrictions. He agreed with the policy but it needs to be on a level playing field. His residence is an even number and there are odd/even restrictions all year long. The four hottest months- May - August - three of those months have 31 days. So the even number houses do not Council Minutes (Regular) June 5, 2006 Page 2 get to water for two days, and the odd number houses can water two days in a row. He asked Council to consider making the policy on a level playing field. One solution was to allow everyone to water on the 31 S\ but that would not be acceptable. His other solution was that no one is allowed to water on the 31 st and the fines double. He felt this option was fair. Everyone would have to wait for two days from the 29th to the 1 st and from the 30th to the 2nd. In May, July, August they wait four days and when it reaches 90, it is windy and it does not take more than a day for the grass to die and he wants to keep the community looking nice. He also felt the policy needs to be enforced. He notices there are times when the pavement is wet on the wrong side of the street and it has not rained. He would like the policy enforced stronger than what it is. He was aware there is someone from Public Works that drives around in a red truck and everyone knows it. On the weekends it is a free-for-all. People know that person is out from noon - 6 p.m. during the week. He suggested using a CSO that already drives around, to do enforcement. Mr. McDonald has not talked to the Water Board. Mayor Soderberg noted the Water Board sets the policy and is autonomous from the Council. Council can give them suggestions. City Attorney Jamnik suggested forwarding the minutes to the Water Board. The next meeting for the Water Board is June 26, 2006. Mr. Dave Berghuis, 19125 Dunbury Avenue, stated he has sent some e-mails to Council regarding his evergreens being planted in the right-of-way. He stated the situation is at an impasse. The City was going to investigate moving the evergreens at the City's expense rather than billing the residents for having them moved. However, he was not convinced that is the best use of the taxpayers' dollars. He also felt the issue is full of conflict. He and his neighbor drove around the City and within 20 minutes identified 50 evergreens that are as close to the road and a bigger sight hazard than their evergreens. Mr. Berghuis stated if the City is going to enforce the policy in his neighborhood, it needs to be enforced from one end of the City to the other. The evergreens have been established for 5 years so the roots are firmly imbedded. If moved, there is no guarantee the trees will survive. He noted there was an article in the newspaper regarding the tree ordinance and that it will not change. He felt this is a mirror image of their problem. He noted the article stated the Planning Commission agreed that property owners should have the right to do what they want with their property and the City would be interfering with their rights if the owner is required to save trees they wanted to remove. Mr. Berghuis felt a simple agreement could be made. There are three homes affected by this situation. Mayor Soderberg stated he has looked at the trees and spoke with one ofthe neighbors and the City Administrator. Evergreens are not an allowable boulevard tree because of sight issues. In 20 years there will be a visibility issue and if there is an accident, and the trees are allowed to remain, the City could be held accountable. Regarding the other 50 violations, these issues are handled on a complaint basis and Mayor Soderberg suggested Mr. Berghuis provide the list to the City Administrator. Mr. Berghuis stated there is a conflict saying they are handled on a complaint basis. To his knowledge no one has filed a complaint that his evergreens could be a risk when other evergreens throughout town Council Minutes (Regular) June 5, 2006 Page 3 are a present danger and his trees are a future danger after 20 years of growth. Mayor Soderberg noted that is the problem with enforcing the code on a complaint basis. Councilmember Wilson stated his concern is that there are three residents in Autumn Glen 2nd Addition and it looks like we are picking on that development. The trees are not where they should be and the City could be held liable. Jen Collova, Natural Resources Specialist, stated there have been other issues where trees have been moved out of the right-of-way. Those issues have been dealt with on an individual basis with the homeowner. They have not gotten to the level of this concern. Those situations have not come to Council because the homeowners have done what the City asked. Staff is not picking on anyone. This is dealt with on a regular basis. Mr. Chris Rosenthal, 4818 191 st Street W, stated two trees were planted by the developer and he asked for a third tree. He decided to plant an evergreen tree to go with the boulevard trees. Last year he received a letter that the tree is on City property within the easement. He planted his tree 9 ft. from the easement. At full growth it might be 4 ft. from the curb. He also received a letter saying the tree is 5 ft. from the back of the curb, which is not true. He received a request to move the tree or the City would move it for him. The residents found 12 trees on one property that have grown beyond the curb and are hitting the street. He received another letter that during a recent inspection it was noted his tree is in the right-of-way. He has a tree that is 8 ft. tall and will be 10ft. wide at full growth. He has 9 ft. from the curb. Neighbors have told him he will need to go 3 ft. around the tree to dig it up. He stated he would pay $100 to get the tree out of the way. He does not want to lose the tree. Mayor Soderberg stated staff will bring this back to the next Council agenda. 7. CONSENT AGENDA MOTION by Fogarty, second by McKnight to approve the Consent Agenda as follows: b) Approved Request to Waive Fees for Rambling River Days - Parks and Recreation c) Approved School and Conference - Parks and Recreation e) Approved Capital Outlay - Parks and Recreation f) Adopted RESOLUTION R59-06 Approving Gambling Premises Permit VFW - Administration g) Accepted Resignation Heritage Preservation Commission - Administration Councilmember Pritzlaffthanked Ms. Danielle Stuckle for her service on the Heritage Preservation Commission h) Approved Capital Outlay - Administration i) Received Information Customer Service Quarterly Report - Administration j) Acknowledged Resignation Finance - Human Resources Councilmember Pritzlaffthanked Ms. Donna Born for her years of service at the Liquor Store. k) Approved Capital Outlay - Human Resources 1) Acknowledged Retirement Parks and Recreation Department - Human Resources Council Minutes (Regular) June 5, 2006 Page 4 Councilmember Pritzlaffthanked Mr. Dwight Bjerke for his service to the City and wished him well on his retirement. m) Received Information April 2006 Financial Report - Finance n) Approved Appointment Recommendation - Fire Department 0) Approved Appointment Recommendation Public Works - Human Resources p) Approved Appointment Recommendations Fire Department - Human Resources q) Approved Fire Marshal Training - Fire Department r) Approved Dakota County Mutual Aid Fire Services Agreement Amendment - Fire Department s) Approved Special Assessment Agreement - Milner Development - Community Development t) Approved Bills APIF, MOTION CARRIED. a) MOTION by McKnight, second by Wilson to approve the Council Minutes (5/15/06 Regular). Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. MOTION by Wilson, second by Fogarty to approve Council Minutes (5/17/06 Special). Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Abstain: McKnight. MOTION CARRIED. d) Approve Powerline Easement Agreement with Great River Energy - Parks and Recreation Councilmember McKnight wanted to discuss the issue of the $47,000 the City is receiving for the powerline easement. His concern is that if the general fund balance were where it needed to be according to policy, he would not have a concern with the money going to the park improvement fund. The fact that the fund balance is not at the level set by policy, he would prefer to put this money into the fund balance to build it up to where it should be. Councilmember Wilson agreed and noted that the memo stated the money would be put in the park improvement fund so that it can be available to spend on other park improvement projects. In the absence of that comment he would have been open to putting the money in the park improvement fund, but he understood this fund was for development money so he would rather see the money go into the general fund. Councilmember Pritzlaff noted the powerline is running through the park and asked how it is affecting the park. Parks and Recreation Director Distad replied the powerline will be a single pole and run through an existing drainage and utility easement. The trees have been removed and no additional trees will be removed except across the river. Those trees will be weed trees. Councilmember Pritzlaff did not want to put money into a fund where it can be readily spent. If parkland would have been lost because of the poles, that would be different. He would be in favor of putting the money into the general fund. Parks and Recreation Director Distad stated the Park and Rec Commission saw this as an opportunity to increase the fund balance in the park improvement fund. There is a 5-year plan to develop not only existing parks, but new parks. In looking at the budget there will be a shortage at some point as there are a lot of parks that need a Council Minutes (Regular) June 5, 2006 Page 5 lot of improvements. The Park and Rec Commission felt this was an opportunity to put some money back into the park improvement fund that could be spent on future park improvements. This fund is not supported by the general taxpayer. It comes from developer fees and liquor store profit transfers. We do not have the taxpayers supporting it, but the money from the easement would go back to increase the fund balance in the general fund which is a taxpayer supported fund. Staff noted there will also be compensation for Outlot A. Outlot A is through a city-owned wetland adjacent to Akin Road and north of the high school ballfields. The compensation for Outlot A would be around $34,000. City Attorney Jamnik stated his concern is with State laws. With park dedication fees we put those into a dedicated account. The lands purchased are assets of the City that are in that dedicated account. He was not sure of the historical acquisition of the park or if any grants were received from the Lawcon program. If the Council wants the money to go into the general fund, he will have to do some research to determine if there are any restrictions on the parkland as far as acquisition. If there are restrictions for conveyance, selling, diminution of value the money would be put back into the same account used to acquire additional parkland, so the concept of rollover would insulate the City from any challenge. By doing what staff proposes Council is in a safe harbor. If Council wants the money to go into the fund balance, he will have to do some research to determine if that is possible. Mayor Soderberg felt it was a reasonable request to have the easement portion through the park that the City is being paid for go back into the park improvement fund. Attorney Jamnik clarified Council could do that, but there may be some restrictions. Councilmember Fogarty stated this is an easement in a park. She would not ask Park and Rec to give up easement money because the City is having budgetary issues. That is for Council to work out in different ways. Councilmember McKnight stated he would approve the agreement and have the City Attorney research whether the money can be put in the general fund. MOTION by McKnight, second by Fogarty to approve the Easement Agreement with Great River Energy and have the City Attorney look at options for placing the $47,644 compensation for the easement and bring it back to the next meeting. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Liquor License Suspension - SuperAmerica -Police Department The Police Department conducted compliance checks at all liquor establishments in the City. Three liquor retailers sold liquor to a minor. Two of the violators have accepted the penalties imposed. SuperAmerica has chosen to allow this public hearing which is an opportunity for the Council to accept input on this situation. The Council can impose the recommended penalty, a lesser penalty, or a stricter penalty. Council Minutes (Regular) June 5, 2006 Page 6 Mr. Cliff Fleischmann, 5629 Pompano Drive, Minnetonka, stated when their customer service reps are hired they go through 8 hours of training. Two hours are dedicated to the sale of alcohol and tobacco products. The clerk that made the sale had gone through the training in February. Councilmember Pritzlaff noted he does a lot of business there and does know they have this policy and sees them card everyone. Ms. Amy Messner, Manager of SuperAmerica, stated the clerk was terminated. They do have monthly checks and have never had this problem before. They have had three more checks since then and have not had a problem. MOTION by Wilson, second by McKnight to close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Fogarty to suspend the liquor license for SuperAmerica for three days and impose a civil penalty of $250. The three days will be at the end of the month. APIF, MOTION CARRIED. c) Adopt Resolution - Vacate Drainage and Utility Easement JIT - Community Development nT Powder Coating is located in the industrial park and they are in the process of expanding their building. The existing building is on Eaton Avenue and the addition is on the north side. They have combined the lot with the existing building with the lot to the north which they bought from the BRA a number of years ago. At the time it was platted, there was a drainage and utility easement along the property line, 5 ft. on either side of the line. They have asked to have the easement vacated as the building will be built over the easement. Drainage will be handled through the landscape plan. MOTION by McKnight, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R60-06 vacating a 5-foot wide drainage and utility easement on the northern property line of Lot 1 Block 1 Farmington Industrial Park, as well as, the 5-foot wide drainage and utility easement on the southern property line of Lot 1 Block 2 Farmington Industrial Park 2nd Addition. APIF, MOTION CARRIED. d) Adopt Resolution - Vacate Drainage and Utility Easement Appro Development - Community Development R&L Trucking is constructing a truck terminal to the west of the above property. 20Sth Street will be extended to Pilot Knob Road. While going through the building permit process it became apparent that there were some advantages to relocating a building. They moved the maintenance building south, closer to the gas line easement, in order to create more parking to the north. This put the building over the proposed easement line where the water was going to run. This has been discussed with Engineering and the plan has been modified to loop the water along the south side instead of the north side. The City Attorney has drafted a new Easement Agreement and Appro will be returning this agreement Council Minutes (Regular) June 5, 2006 Page 7 soon. Staff recommended vacating the existing drainage and utility easement with the understanding and on the condition that before the documents are filed we have in hand the signed Easement Agreement replacing the prior Easement Agreement. MOTION by Wilson, second by Pritzlaffto close the public hearing. APIF, MOTION CARRIED. MOTION by Wilson, second by Pritzlaff adopting RESOLUTION R62-06 vacating the 20-foot wide drainage and utility easements located on Lot 2 Block 1 of the Farmington Industrial Park 3rd Addition, contingent upon the signing of the Easement Agreement by the property owner. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Adopt Resolution - 2006 Mill and Overlay Project - Engineering Six bids were received for this project. The low bid was submitted by Aslakson's Blacktopping Services, Inc. in the amount of$373,000. The estimated construction cost was $332,000. The total project cost including contingencies and other fees was $464,000. The construction estimate was revised after the feasibility report was completed to cover additional construction needs that may be encountered and to break down the feasibility report line items into more detail. The revised construction estimate was $385,000. Current legal, engineering and administrative costs to date are 2.1 % of the revised construction estimate of$385,000. It is anticipated that the total of these fees will be less than the originally estimated 27% and the total project costs will fall below the feasibility report estimate of $464,000. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R62-06 accepting the base bid of Aslakson's Blacktopping Services, Inc. in the amount of$373,000 and award the project to Aslakson's Blacktopping Services, Inc. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Funding for Middle Creek Re-meandering Project at Meadowview Elementary - Engineering The DNR received grant money in the amount of$53,000 to accomplish a re- meandering project for Middle Creek at Meadowview Elementary. Currently the creek is very straight. This project is identified in the City's surface water management plan and will be funded from the storm water trunk fund. The purpose is a more natural, stable stream bed, similar to the condition the stream was in before farming operations. It will provide educational opportunities for the children at Meadowview Elementary. The school district has been managing the project and the City is involved with the DNR on the actual design. The costs associated will exceed the amount of the DNR grant. The DNR has already spent $23,000 of their grant on engineering and other supplies. The City has received a request to participate in this project. The school district is paying $5,000 and the remaining balance is $25,000. Staff asked Council authorize the City funding of the remaining costs for re-meandering of Middle Creek in the amount of$25,000 - $30,000. The re-meandering will provide for increased habitat of fish and wildlife. MOTION by Wilson, second by McKnight to approve the funding of the remainder of costs associated with the re-meandering of Middle Creek at Council Minutes (Regular) June 5, 2006 Page 8 Meadowview Elementary in the estimated amount of$25,000 - $30,000. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Proposed Orderly Annexation Agreement - Community Development Community Development Director Carroll presented a draft Orderly Annexation Agreement with Castle Rock. Hwy 3 goes through the center of the area covered by the agreement and the western boundary is a line between Castle Rock and Eureka. There is flood plain running through the southern portion of the area. All of this area can be served with City services. Staff highlighted the main points of the agreement. 1. The area includes 850 acres in Castle Rock Township. 2. Properties within this area will not be annexed unless the property owner petitions for annexation. 3. The township will not contest any owner-initiated annexations for properties located within the agreement. 4. The term of the agreement would be through December 31, 2016, which is ten years. During this time the City cannot process or approve any annexations of property in Castle Rock Township outside of the boundary of the orderly annexation area unless the township consents. 5. Staff recommends the annexations within the Ash Street Orderly Annexation area be handled in the same way they would have been handled by ordinance, according to state statute. The township would be entitled to 90%, 70%,50%,30%, 10% of property tax revenues as the years progress. This will be for commercial/industrial properties within the Ash Street Orderly Annexation Agreement and not residential properties. 6. In the future for any annexations outside of the old Ash Street orderly annexation area the City and the Township will split 50/50 the first year's property taxes on any new construction that occurs in an area that is annexed from the township. This is a one-time payment. This money will be devoted to roadway costs only. (Councilmember Fogarty left at 8: 1 0 p.m.). Mayor Soderberg and Councilmember Wilson thanked the members of the Castle Rock Discussion Group for their work on this issue. Councilmember McKnight asked for an explanation of the length of the agreement for ten years and then two added years depending on when a property is annexed. Community Development Director Carroll explained there was a concern that if the annexations did not proceed at the pace anticipated and if at the end of the ten years a development plan is brought forward that would general additional traffic, the roads might not get constructed and the traffic impacts may not be assessed until after the ten years is up. The township would be deprived of the revenue sharing to have those funds to apply to additional road maintenance costs. The additional two years will allow the township to continue to receive revenue and apply it to road Council Minutes (Regular) June 5, 2006 Page 9 maintenance costs during that period of time. Council agreed with this issue. A discussion was held regarding the sharing of property tax revenue. Councilmember Pritzlaff also thanked township and City staff for their work on this issue. Mr. Russ Zellmer, Castle Rock Township, thanked Council for their help with this agreement. The new information has not been discussed with the township board, so he could not comment. He appreciated any offers that have been made. Mr. Gary Pipho also thanked Council for the opportunity to have City staff work with the township. He felt this is a good agreement and was anxious to move forward. Councilmember McKnight thanked everyone involved. The agreement is full of compromises and a lot of time was spent to reach an agreement that everyone would approve. The line around this area does not mean the area is annexed. It is all property owner driven. The tax sharing is going for road improvements and that is why he can support it. The township will consider this agreement next week at their meeting. Councilmember Pritzlaff suggested staff give the township the list of six main points and the map. MOTION by McKnight, second by Pritzlaffto approve the Orderly Annexation Agreement between the City of Farmington and Castle Rock Township. APIF, MOTION CARRIED. 12. NEW BUSINESS a) 2007 Budget Goals - Administration Staff will be preparing a schedule to prepare documents for the 2007 budget. City Administrator Herlofsky asked for comments from Council as far as what they would like to see for the budget. 13. COUNCIL ROUNDTABLE Councilmember McKnight: Thanked Dwight Bjerke for his 20 plus years of service to the City and wished him well on his retirement. The EDA is pushing Councilmembers McKnight and Fogarty on where we are with the economic development plan. He would like to include this discussion on the agenda for the budget workshop. Thursday is the groundbreaking ceremony for the Dakota Communications Center in Empire Township. Councilmember Wilson: Thanked Dwight for his many years of service. He attended the groundbreaking for the Northfield Clinic. This will be the furthest north where Mayo physicians will be available. Council Minutes (Regular) June 5, 2006 Page 10 He congratulated the Farmington High School graduates and wished them well in their future endeavors. Councilmember Pritzlaft: He and City Administrator Herlofsky attended the Cedar Avenue Transit meeting in Apple Valley. He was glad to see construction will begin on the Northfield Clinic. City Administrator Herlo/sky: The second meeting with the school district will be held on Wednesday. Everything is going well. Formal meetings are being held every two weeks and in between these meetings, the engineers are working together to resolve any issues. He was excited about everyone working together. Councilmember McKnight appreciated the checklist memo Council received regarding issues to be resolved and who was responsible. Mayor Soderberg: He received a phone call from Congressman Kline to participate on a committee to facilitate the naming of the Farmington Post Office. They are starting with nominations for a name for the post office. It is an honorary name. Nomination forms will be on the website, at the post office, and the Independent. Nominations will be accepted through June 30, 2006. There should be a recommendation in mid-July where people will be able to vote on the name. The Met Council Environmental Services is holding budget meetings. There are four opportunities to attend. He received an e-mail from a resident on Everest Path. They are suggesting a walking bridge over Pilot Knob Road. There have been a number of fatalities in the area. He attended the Memorial Day services at the cemetery. It is amazing to see the number of individuals that have served our country. There are some monuments with some neat history. Saturday at the Dakota City Village there was a salute to veterans and he hoped they would do this again. It was interesting to see the parade of uniforms from the Revolutionary War through all the battles the U.S. has been involved in. There was a groundbreaking for the Northfield Clinic. This is the beginning of things that started four years ago. There has been a lot of attention in the media given to cameras at signal lights. He has been an opponent of those because he does not want big brother watching all the time. Laws are written for those that don't obey. We have laws in the books to require people to yield and to stop in certain circumstances. They are there for a reason, for safety and to protect lives. The willful disregard of those laws and the running of red lights or turn arrows or stop signs is going to move our country to more laws and stricter enforcement such as cameras at signals. On Memorial Day he lost his grandmother to an auto Council Minutes (Regular) June 5, 2006 Page 11 accident. A car went through a red arrow. His aunt is in intensive care and if she walks again it will be a long time in the future. He asked people to please stop. The seconds saved by running a red light are not worth it. 14. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 8:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, /' ~-' ) /?-:;;7 c/-,.-vCA-{;L /,/?~'f2.~ 7 t'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 7~ TO: Mayor, Councilmembers and City Administrat~ FROM: Randy Distad, Parks & Recreation Director SUBJECT: 2006 Curbside Cleanup Summary DATE: June 19, 2006 INTRODUCTION The 2006 Curbside Cleanup program is complete and participation continues to be excellent. DISCUSSION The total amounts of materials collected from Farmington homes are as follows: Total Cost Garbage 420.26 tons $22,210.74 Electronics 114,178 pounds $45,671.20 Tires 2245 $14,592.50 Appliances 1423 $48,382.00 Scrap Metal 22.03 ($440.60) Dick's Sanitation from Lakeville, Minnesota contracts with the City to conduct the annual Curbside Clean Up Day program. Dick's Sanitation has submitted an invoice for the five Cleanup Days in the amount of $162,250.1 0 (the above totals plus the base charge for trucks and labor). The convenience and easy accessibility of the curbside program continues to bring in much larger quantities of materials than past drop off Cleanup Days. A comparison of the Cleanup Days follows: Material 2006 2005 2004 2003 2002 2001 Garba~e (tons) 420.26 389.75 376.31 333.76 272.89 264.06 Tires 2245 2091 2038 2071 1766 2017 Electronics (pounds) 114178 73065 62697 60446 47,780 44,960 Appliances 1423 1239 998 916 795 820 Because of the increase in the quantity of material the cost to pickup of these additional materials (especially in the area of electronics) exceeded the budgeted amount of$155,000. Part of the reason for exceeding this cost was due to additional labor needed to pick up the increased quantity of material. 2006 Curbside Cleanup Summary page 2 City staff members have discussed the additional cost oflabor with Dick's Sanitation and Dick's Sanitation staff members have agreed to only invoice the City for half of the cost of the additional staff. This results in final invoice of$159,921.75. BUDGET IMPACT The total bill is $4,921.75 over the budgeted amount of$155,000.00. ACTION REQUESTED Approve payment to Dick's Sanitation in the amount of$159,921.75 for the Curbside Clean Up Day Program costs. Respectfully Submitted, '~4fj~ Randy Distad Parks & Recreation Director cc: Lena Larson, Public Works Administrative Assistant Benno Klotz, Solid Waste Supervisor City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c.. SUBJECT: Mayor, Councilmembers and City Administratoa ',-~ Missie Kohlbeck, Senior Center Coordinator ~ ~ Adopt Resolution Accepting Donation - Recreation- Safety Camp TO: FROM: DATE: June 19, 2006 INTRODUCTION A donation has been received from Dakota Electric Association. DISCUSSION Dakota Electric Association has donated $500 to the Recreation Division for the 2006 Safety Camp Programs. Staffwill communicate the City's appreciation on behalf ofthe Council to Dakota Electric Association for their generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of $500 for the 2006 Safety Camp Programs. Respectfully Submitted, \.ty\l,{j~Ll~dt'-)~t:J2Ck/ Missie Kohlbeck Senior Center Coordinator RESOLUTION No. ACCEPTING DONATION OF $500 FOR SAFETY CAMP 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 19th day of June, 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Dakota Electric Association has donated $500 towards 2006 Safety Camp Programs. 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 the generous donation of $500 from Dakota Electric Association to be used for the 2006 Safety Camp Programs. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of June 2006. Mayor Attested to the _ day of June 2006. City Administrator SEAL 71 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, City Adrrrinistra~ Tim Pietsch, Fire Chief TO: SUBJECT: EMT Training DATE: June 19,2006 INTRODUCTION A member of the Rescue Squad wants to upgrade his skills from First Responder to EMT - B. DISCUSSION Joe Tullar has enrolled in Hennepin Technical College to further his career. He has started by taking the EMT -B course. He plans on getting a degree in Fire Science, this is the start. BUDGET IMPACT Cost for the course is $902.00. Monies for this have been budgeted in the Rescue Squad training budget. ACTION REQUESTED Approve training request for Joe Tullar. Respectfull Y?bmitted, ~. )~_/ . 1..;'1/)") ~ Tim Pietsch Fire Chief cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (65 I) 463-7111 Fax (65 I) 463-2591 www.cLfarmington.mn.us Ie TO: Mayor, Councilmembers and City Administratoq FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Premises Permit - Farmington Youth Hockey DATE: June 19,2006 ACTION REQUESTED Consider the attached resolution approving a Gambling Premise Permit at 309 Third Street and 313 Third Street. BUDGET IMPACT Gambling fees are included in the revenue estimates of the 2006 budget. BACKGROUND INFORMATION Farmington Youth Hockey is requesting a Gambling Premises Permit at the Longbranch Saloon and Eatery, 309 Third Street and Gossips, 313 Third Street. Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. Farmington Youth Hockey is requesting approval to conduct gambling activity at 309 Third Street and 313 Third Street. The appropriate fees have been paid and the applications reviewed. Respectfully submitted, ~~ II d1ct{d~~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -06 APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR FARMINGTON YOUTH HOCKEY 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 19th day of June 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Premises Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, Farmington Youth Hockey has submitted an application for a Gambling Premises Permit to be conducted at 309 3rd Street and 313 3rd Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premises Permit for Farmington Youth Hockey to be conducted at 309 3rd Street and 313 3rd Street is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of June 2006. Mayor day of June 2006. Attested to the City Administrator SEAL 7-F City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Council~bers City Administrator\J Daniel M. Siebenaler, Police Chief FROM: SUBJECT: Resolution Accepting Donation DATE: June 19,2006 INTRODUCTION On June 7, 2006 two Farmington Police Officers did a presentation to children at Barker's Building Blocks Daycare. In appreciation, the daycare staff took up a collection and has asked that it be used to support a Police Youth Relations Program. DISCUSSION Daycare parents collected $40 and asked if it could be used for something to build relations between police and youth in the community. The Police Department has identified an appropriate program. The Farmington Police Department is grateful for this generous donation. BUDGET IMPACT The donation will be used to offset the purchase price of temporary tattoos recently ordered for distribution during Rambling River Days. The temporary tattoos are a depiction of the Farmington Police Shoulder patch and are very popular among children of all ages. ACTION REQUESTED Adopt the attached resolution accepting the donation from Barker's Building Blocks Daycare. Respectfully submitted, Daniel M. Siebenaler Chief of Police RESOLUTION NO. R -06 ACCEPTING DONATION OF $40 FOR A POLICENOUTH PROGRAM 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 19th day of June, 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Barker's Building Blocks Daycare has collected money for purposes of donating it to the Farmington Police Department, And WHEREAS, The Daycare has expressly asked that the donation be used for a Youth Program, And WHEREAS, The Farmington Police Department supports youth programming. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the donation of $45.00 from Barker's Building Blocks Daycare for use in the furtherance of Police Youth Relations efforts. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of June 2006. Mayor Attested to the _day of 2006. City Administrator SEAL Memorandum To: cc: From: Date: Re: Dan Siebenaler, Chief of Police }\ --'" Maureen Barker, Barker's Building Blocks Daycare~ 6/12/2006 Thank you to Officers and a donation Dear Chief Siebenaler, We would like to thank your department for the great presentation two police officers gave to our daycare last Wednesday, June 7th. We really appreciate them taking time out of their schedules to talk to our daycare. The children had a great time meeting the officers and seeing their police car. The officers were extremely nice, and very patient. It was a wonderful day that our children will remember for a long time. We collected the enclosed money from all of our families, and we would like to donate it to the Farmington Police Department. We wish our donation could be more. We would like to allocate the donation to a youth program, or any public safety account. We sincerely appreciate the officers who came to talk to our group, and we appreciate everything that your whole department does for our community. Thanks again! Sincerely, 1 , J~~~~~~~~8674 Dunbury Avenue; 651-460-3418) 1 ?J CITY OF FARMINGTON SUMMARY OF REVENUES MAY 31,2006 41.67 % Year Complete (flERO,=N'f> > .~(J()$>PEiR<;~NJ" ...'200~> ...t .ribt H2()I)5> % GENERAL FUND Property Taxes Licenses Permits Fines Intergovernment Revenue Charges for Service Investment Interest Miscellaneous Transfers 5,298,201 29,600 977,156 83, 1 00 350,000 439,000 225,000 13,500 347 900 892 86,181 7,535 1,326 12,156 18,750 1,560 28,991 % $ 7,989 0.15 11,383 19,045 64.34 15,179 371,150 37.98 221,870 30,372 36.55 18,077 74,066 21.16 81,951 129,161 29.42 102,027 93,750 41.67 93,750 3,150 23.33 13,957 144,958 41.67 98,333 873,641 11.25 656,527 0.24 52.97 20.24 23.15 26.44 26.43 41.67 139.57 41.67 Total General Fund 7 763,457 157 391 9.22 SPECIAL REVENUE HRA Operating Fund 20,000 675 104,482 522.41 203,121 990.83 Police Forfeitures Fund 8,000 1,000 3,068 38.35 2,773 34.45 Park Improvement Fund 296,000 24,357 55,724 18.83 192,628 65.97 Recreation Operating Fund 298,030 55,129 66,666 22.37 72,299 23.98 Ice Arena 252 500 4,111 120,706 47.80 109,395 44.20 874,530 85,272 350,646 40.10 580,216 165.47 ENTERPRISE FUNDS Liquor Operations 3,803,800 351,651 1,432,709 37.67 1,205,557 32.44 Sewer 1,510,000 103,831 431,377 28.57 469,706 30.62 Solid Waste 1,917,000 137,756 641,388 33.46 610,224 34.91 Storm Water 300,000 23,546 128,531 42.84 128,623 54.73 Water 1 745,000 142 741 519510 29.77 607,129 35.82 9 275,800 759525 3153,515 34.00 3,021,239 33.84 Total Revenues 17,913,787 1,002,188 4,377,802 24.44 4,257,982 25.17 CITY OF FARMINGTON SUMMARY OF EXPENDITURES MAY 31,2006 ...~F:~~G ~()p~ PE:~~rnJ vro ............ . ........ . GENERAL FUND $ % % Legislative 68,350 2,027 35,953 52.60 38,381 57.15 Administration 491,929 34,684 152,199 30.94 184,045 40.40 Elections 19,220 1 5 0.00 0.00 Communications 71,211 6,176 24,175 33.95 26,568 37.48 Human Resources 215,228 14,945 78,070 36.27 73,987 37.90 Information Technology 117,716 4,581 50,473 42.88 39,050 36.23 Finance 457,719 33,365 187,211 40.90 181,879 43.97 Planning 178,539 11,754 65,307 36.58 63,751 36.62 Building Inspection 438,673 32,773 152,851 34.84 147,960 36.38 Community Development 180,809 13,996 66,115 36.57 35,300 22.20 Police Administration 643,261 35,367 214,695 33.38 250,313 41.45 Patrol Services 1,656,674 111,086 577,700 34.87 589,117 38.80 Investigation Services 374,145 29,908 147,492 39.42 130,088 46.86 Emergency Management 5,200 10 965 18.56 1,109 21.33 Fire 486,648 21 ,550 119,085 24.47 102,532 24.08 Rescue 44,358 3,122 19,972 45.02 11 ,307 26.23 Engineering 278,815 23,702 121,721 43.66 118,304 41.59 G.I.S. 500 0.00 98 1.00 Streets 510,576 40,045 165,036 32.32 162,696 34.42 Snow Removal 94,263 184 70,971 75.29 73,509 71.41 Signal Maint 115,600 4,581 40,737 35.24 34,361 32.54 Natural Resources 76,632 2,050 23,401 30.54 14,629 25.99 Park Maint 443,348 37,641 153,775 34.68 145,239 35.67 Building Maint 150,439 10,035 54,096 35.96 45,018 28.49 Recreation Programs 436,074 25,945 137,000 31.42 128,821 34.29 Transfers Out 207,530 51 882 25.00 53 250 25.00 Total General Fund 7 763,457 499,528 2710887 34.92 2651,312 37.24 SPECIAL REVENUE HRA Operating 40,000 162 108,951 272.38 10,653 25.30 Police Forfeitures Fund 8,000 759 9.49 3,789 47.07 Park Improvement Fund 415,000 4,218 96,698 23.30 102,659 19.44 Senior Center 158,538 11,946 57,585 36.32 56,158 37.83 Swimming Pool 139,492 6,444 15,153 10.86 37,149 26.06 Ice Arena 329,341 15,871 131 963 40.07 112,073 45.34 1,090,371 38 641 411 109 37.70 322,481 28.89 ENTERPRISE FUNDS Liquor Operations 3,812,398 477,662 1,712,560 44.92 1,179,255 33.11 Sewer 1,505,743 96,850 494,860 32.86 472,729 30.67 Solid Waste 2,030,008 265,241 841,460 41.45 579,725 32.74 Storm Water 335,066 23,392 144,260 43.05 115,875 28.90 Water Utility 1,432,823 135,379 504,831 35.23 240,939 21.12 9,116,038 998,524 3,697,971 40.57 2,588,523 30.76 Total Ex enditures 17,969,866 1,536,693 6,819,967 37.95 5,562,316 33.40 74 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, City AdministratG- Robin Roland, Finance Director TO: SUBJECT: Approve change in City Property/Liability insurance deductible - Finance DATE: June 19,2006 INTRODUCTION In order to secure lower premium rates for the City property and liability insurance, a higher deductible on those policies is contemplated. DISCUSSION An internal service fund was established in 2003 in order to work towards a goal of self insurance for the City. This internal service fund accumulates reimbursements from each of the operating funds of the City (General, Special Revenue, Enterprise), in addition to the annual dividend from LMCIT. The fund's expenses are the insurance premiums and any deductibles for claims against the City. At 12/31/05 the balance in this fund was $76,657. For several years, the deductible on the City's property and liability insurance has been $2,500 per occurrence with no aggregate deductible. Staff is proposing an increase to $10,000 per occurrence with a $50,000 aggregate limit. This change would result in a $22,600 premium savings in 2006 which would be retained in the fund for future deductibles. Between this savings and the current fund balance, adequate funding is available for the maximum exposure of five (5) $10,000 deductibles ($50,000 aggregate). Historical analysis by LMCIT indicates that this level of deductible would have been adequate coverage for each of the last three years. They have recommended an increase to our deductible based on this analysis. ACTION REQUESTED Approve an increase in the insurance deductible to $10,000 per occurrence, $50,000 aggregate commencing with the 1/1/06-1/1/07 policy renewal. Respectfully submitted, ~1::J Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us //' FROM: Mayor, Councilmembers, City Administrator @" Tim Gross, P .E., Assistant City Engineer TO: SUBJECT: Adopt Resolution - Approve Development Contract - Swanson Acres DATE: June 19,2006 INTRODUCTION The Development Contract for Swanson Acres is forwarded herewith for Council's consideration. DISCUSSION The preliminary plat for Swanson Acres was approved by the City Council on April 17, 2006 and the final plat was approved by the City Council on May 15,2006. 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 Swanson Acres Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfull?j{SU mitted, ("'1 . v~,/ lcM--"" _ . '--.,..../ - (t ~ Tim Gross, P.E. Assistant City Engineer cc: file RESOLUTION NO. R -06 APPROVE DEVELOPMENT CONTRACT SWANSON ACRES 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 19th day of June, 2005 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R45-06, the City Council approved the Preliminary Plat of Swanson Acres, and; WHEREAS, pursuant to Resolution No. R56-06, the City Council approved the Final Plat of Swanson Acres subject to the following conditions: 1. The satisfaction of the Heritage Preservation Commission requirements. 2. A demolition permit will need to be applied for by the developer to demolish the existing home on the property. 3. 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 19h day of June, 2006. Mayor Attested to this _ day of June, 2006. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 19th day of June, 2006, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Double E Development, LLC, a limited liability partnership (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for SWANSON ACRES (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 Rie:ht 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 Plan D - Park Improvement Plan Plan E - Zoning/Development Map Plan F - Wetlands Mitigation as required by the City 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 Reauirements. 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. Zoninl!lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' 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. Reauired 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 e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking ill. 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 November 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. Outlot A shall be deeded to the City following the completion and approval of improvements as required under Plans A - F. 10% of the total security amount shall be held until the required outlots are deeded to the City and the required As-built plans are submitted and approved. A Letter of Exemption, attached to this contract as Exhibit "B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 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 streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by the City Engineer in writing. It is the responsibility of the Developer to request, in writing, City acceptance of the streets. Failure of the Developer to request acceptance of the streets 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 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. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. 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 streets and 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 $ 227 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 3 12. Landscapin2. The Developer shall landscape the plat in accordance with Plan C. 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 1) 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 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-F. 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 Mana2ement Fee. The Developer shall pay an area storm water management charge of $ 17,584 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 six percent (6%) 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 Miti2ation. 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 Char2e. The Developer shall pay a water main trunk area charge of $ 4,334 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 six percent (6%) 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 4 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. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 4,340 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 six percent (6%) 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. 19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 5,829 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 six percent (6%) 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. 20. Park Dedication. The Developer shall be required to dedicate .3322 acres of land for park purposes. This park land shall be improved in accordance with the approved Park Improvement plan and the City's Engineering Guidelines. The Developer shall pay the City $ 23,594 as cash in lieu of land 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 six percent (6%) 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. 21. Park Development Fee. The Developer shall pay a Park Development Fee of $ 5,589 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 park to which the Park Development Fee for SWANSON ACRES shall be credited/coded to is the Pine Knoll Park (2311-5046). 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. 22. Sealcoatinl!. The Developer agrees to pay a fee of $ 572 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. 23. GIS Fees. The Developer is responsible for a Geographic Information System fee of $ 385 based upon the acreage or number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 25. 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, 5 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 $ 308,061. 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 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 $104,969 $ 31,071 $ 33,489 $ 48,056 $ 59,693 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 1,750 $ 7,000 $ 7,188 $424 $N/A Two Years Principal and Interest on Assessments $ 14,764 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. Responsibilitv 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 attorney'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 attorneys' fees pursuant to this Contract. 6 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. 31. Wetland Buffer and Natural Area Sie:ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 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. 7 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. 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. If the 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. 8 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. 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: Double E Development, LLC 20534 Biscayne Avenue West Farmington, MN 55024 Phone: 612-750-3288 Fax: 651-460-2770 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. HerIofsky, J.R., City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 CITY OF FARMINGTON By: By: DEVELOPER: Double E Development, LLC By: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 SIGNATURE PAGE Kevan A. Soderberg, Mayor Peter J HerIofsky, Jr., City Administrator 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 Peter J. HerIofsky, Jf., 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 Double E Development, LLC, a limited liability partnership under the laws of Minnesota, on behalf of the partnership. Notary Public 11 EXHIBIT" A" LEGAL DESCRIPTION That part of the Northeast Quarter of Section 25, Township 114, Range 20 that lies southwesterly of the centerline of Akin Road and southerly and easterly of the plat of PINE KNOLL, as monumented. 12 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 "C" 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 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' o FROM: Mayor, Councilmembers, City Administrator @' Tim Gross, P.E., Assistant City Engineer TO: SUBJECT: Approve Storm Sewer Easement Acquisition - 19962 Akin Road DATE: June 19,2006 ACTION REQUEST Approve by consent the acquisition of a storm sewer easement at 19962 Akin Road owned by Brian L. and Susan J. Miller. BUDGET IMPACT The negotiated cost of the easement is $4,200.00. This is the same cost per foot for easements that have been acquired this year for other purposes. The storm sewer easement is necessary for the extension of an existing storm sewer trunk line and as such would be funded through the Storm Sewer Trunk fund. BACKGROUND INFORMATION A culvert that transfers water across Akin Road was extended with the Akin Road Street Improvements Project. The extension of this culvert impacted the property at 19962 Akin Road. The easement to be acquired will encompass the storm sewer culvert to allow for future access and maintenance. Respectfully Submitted, ~j1 , I LM.. ~'t.-~ Tim Gross, P .E. Assistant City Engineer cc: file Storm Sewer Easement Description for: Ci ty of Farmington t::J WCl)~ .., ~ '" ru~@" t~& ~~5 ...."'~ ~~"< I '" iB '" <:> ~ "" "':<: ~gs I I I 14555 SOUTH ROBERT TRAil ~ m DELMAR H. SCHWANZ LAND SURVEYORS, INC. 805015 Plot Fi Ie = B05015b ROSEMOUNT. MINNESOTA 55068 651-423-1769 SURVEYOR'S CERTIFICATE a a ~~ ~ ~p co '" .., .... .., ... ~~ 01 08 ~~ / / f ..r / I . 1\71 IN 9\7 9\7 ,6 ",,,00' '9i.1 _Ii. l> U) 0\ l>. '" --.l o o o ~ " <1l ;; trJ (0 a a a a a ::i. ~ ...... 81 \ en \ '" ~ ". ~ 5' <1l '" .... ~ .., ~ ~ a . a " a 6' a !5 a 0. rrl ~ ~ '" '" " :" {;;. 111 <1l (0 ~ '" ~ <1l ;;. ~ ..... ClJ ::J ~ ..... ...... ..... Cll '"") ~ Cl 'tl Cll '"") l"'t- "" I\J ~ a a , '-, ~ \ ~ <1l 5' f .., Z ". '" <:> ... <1l <1l ~ \\\\1111'"" ,"\\~ESO /'" ~~, ............ <<I '-', ~ ..... .....*~ ~ * l DELMAR H. \ -:. = i SCHWANZ i :: ; \ i = ~ .... _8625- ./ ~ ~ ,. <........ .' 0" ",,';V ...........;<'\ " ""l) SU7." ,,:-:-- "1/51 il \,1'\ NOO'OO'OO"E 165.00 ~~~~~~~~~~~~~Q~nCl)CI)~~ ~~~o_~~~~~OOQ~~O~O~~ ~ ~ N. ~ ~ ~~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~;;~~q~~;~~ ~g~o~g~~~~~~~~~~~~o~ ~~~~~~~~=~:i~g~~~~:~ ~~~g~~~~g:~o~~~~~~~~ ~~~~.~~~~~~~~~~~~~~~~ i~~~g~~~~:~~;~~~:~~~ . ~rtl~'~-'~M-~~4.~ Ul.....~~..,""'h(J) ~~~~;~~~~~~:~~~~~~~ o~~~~;~~~~~~~ ~~~~~ ~~ ~n~~~~~=~~o ~~~~ ~~;~~~~~!~~~~i~~~~~ ~~~~~~~~;~~gQ~~ g~~ ~~n~~~~~ ~~~~~~~~~ :~~~;~~~i~~~~~~~~~~ Qj~;;~ru"'" ~ ~~~..~;~~~.., ~~~~c~2.~~~~~~~~~~~~ ~~~~~~~~g~~~~~~~&~~ ~~~~~~:~~~~g~~~~~~c !~'~a~~~Ji~~~~~~~~~~ ~.~ ~ ~~~ ~~~..,~~.a ~.., ~~~~c~.~~a~n~~~~~a~ ctl r.n ctl C'tl O'l t::l en <""1- _~. C'tl C'tl :::r ~tC:l OJ ~ ctl OJ ~ ~ CD ~ ::J N- ~ ~ Q ~. 't::J N- ..... o ~ M;0f(!?( I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered land Surveyor under the laws of the State of Minnesota. Dated ()?- /~-tJ!; Delmar H. Schwanz Minnesota License No. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7tf' TO: Mayor, Councilmembers, and City Administratck/)- ',,-, FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Parks and Recreation Department DATE: June 19,2006 INTRODUCTION The recruitment and selection process for the appointment of a full-time Facilities Maintenance Supervisor to fill the vacant position in the Parks and Recreation Department has been completed. DISCUSSION After a thorough review by the Parks and Recreation Department and the Human Resources Office, an offer of employment has been made to Mr. Jeremy Pire, subject to ratification by the City Council. Mr. Pire has a Bachelor's Degree in Recreation Management and is currently employed with the City of Hastings as a Parks and Recreation Assistant. He has supervisory experience in both Arena and Pool operations 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 Mr. Jeremy Pire as Facilities Maintenance Supervisor in the Department of Parks and Recreation effective on June 26, 2006. Respectfully Submitted, ~,'-"; '\ \ '- ' " ,'/ ,,":,,,,~,,_,- '" !---c --.. ,~...,/ /Jl . ,. f:,.' '--'. ~$ ./1 , I, _ "-v ,,< l.. Brenda Wendlandt, SPHR Human Resources Director cc: file COe.- 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, City AdministratoQ Robin Roland, Finance Director TO: SUBJECT: Consider Resolution giving Host Approval to the issuance of Hospital Revenue Bonds - Finance June 19,2006 DATE: INTRODUCTION Under Internal Revenue Service Regulations, a governmental unit in which facilities financed by tax exempt revenue bonds are located must approve the issuance of those bonds. DISCUSSION The Family Health Medical Clinic, which is being constructed in the Vermillion River Crossings development, is owned by the City of Northfield and will be financed by the issuance of bonds by that City. Under federal law, those tax exempt hospital revenue bonds must have the approval of the City in which the facility is located. The City of Northfield is solely responsible for this debt repayment. The City of Farmington has no obligation whatsoever. ACTION REQUESTED Approve a resolution giving Host Approval to the issuance of Hospital Revenue Bonds, Series 2006 by the City of North field. Respectfully submitted, RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HOSPITAL REVENUE BONDS, SERIES 2006 WHEREAS, the City of Northfield, Minnesota ("Northfield") is considering issuing its revenue bonds in the approximate principal amount of$33,000,000 (the "Bonds") to finance the acquisition, construction and equipping of two medical clinics and refunding its Hospital Revenue Bonds, Series 2001C (the "Series 2001C Bonds"). One of the proposed medical clinics includes a medical clinic containing approximately 14,700 square feet located at 4645 Knutsen Drive in the City of Farmington, Minnesota ("Medical Clinic"). The Medical Clinic will be operated as part ofthe facilities under the jurisdiction of the Northfield Hospital Board (the "Hospital Facilities"); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that a governmental unit in which facilities to be financed by tax exempt revenue bonds are located must approve the issuance of the Bonds following a public hearing; and WHEREAS, a public hearing on this matter was held by the City Council this same date; and WHEREAS, the Bonds are payable solely from revenues of the Northfield Hospital Facilities, will not be a general or moral obligation of the City of Farmington, the City of Northfield, or any other political subdivision of the State of Minnesota, but will be payable solely from revenues of North field Hospital Facilities to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, that the City hereby gives the host approval to the issuance of the Bonds to finance a medical clinic located in the City of Farmington as required under the Internal Revenue Code. Adopted by the City Council of the City of Farmington, Minnesota, this 19th day of June, 2006. Attest: Clerk 1912031vl STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON I, the undersigned, being the duly qualified and acting Administrator of the City of Farmington, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving host approval to the issuance of revenue bonds. WITNESS my hand this _ day of ,2006. Administrator 1912031vl 2 JOQ.. 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 Administrat~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Dakota County 2007 - 2011 CIP - City Requests DATE: June 19, 2006 INTRODUCTION Dakota County is in the process of preparing their 2007-2011 Capital hnprovement Program (see the attached letter and schedule). City staff has previously met with the County to discuss potential projects to include in their draft CIP. DISCUSSION Pursuant to our meeting with Dakota County staff, the following projects are identified that the City would like included in Dakota County's 2007-2011 CIP: CR 64 (195th Street), from Autumn Glen to TH 3 - 2006/2007 CR 64 (195th Street) from Autumn Glen to Trunk Highway 3 has been identified by the City and the County as an arterial east-west corridor in Farmington and through the County. The feasibility report is completed and plans and specifications are in the design process. It is anticipated that the project will be completed in 2007 as the property in the area is in the process of developing. The City acknowledges the County's effort to fund this project over time and asks that continuing consideration be given to identifying the complete funding allocation. In addition, the City requests that the County continue to consider funding a portion of the associated improvements to Trunk Highway 3 as appropriate. CSAH 31, CSAH 50 to CSAH 74 - 2008 This project is included based on the development interest and master planning efforts south of CSAH 50 adjacent to the alignment of the southerly extension ofCSAH 31. CSAH 74, Denmark to CSAH 31 - 2008 This project is included based on the development interest and master planning efforts south of CSAH 50 adjacent to the alignment of the westerly extension ofCSAH 74. CSAH 50, Division Street to TH 3 - 2007 The design engineering is currently scheduled to be completed in 2006. The construction is currently scheduled in the County's CIP for 2007 and 2008, however, City staff is of the understanding that the County wishes to accomplish the reconstruction in 2007, with which the City concurs. Dakota County 2007 - 2011 CIP June 19, 2006 Page 2 19Sh Street, Flagstaff to Cedar - 2011 The City understands that the funding for this project has not come through as hoped for in 2009, however, it is an important connection that the City continues to identify as needed. Traffic Signals along Pilot Knob Road The County continues to monitor the intersections along Pilot Knob Road and program traffic signals as warrants are met. 20ath Street - Cost Participation Policy The concept of the County participating in the construction costs of City streets that support or relieve parallel County Roads has been discussed with the County. The extension of 20Sth Street to TH 3 would provide a significant, positive impact on Elm Street (CSAH 50) from a traffic standpoint. Therefore, it is requested that the County adopt a policy based on this concept and program funding for the extension of20Sth street from its current easterly terminus to TH 3. BUDGET IMPACT It is currently the County's policy that the costs of the roadway improvements are split 55% County and 45% City. City financial participation in the projects identified is yet to be determined but would likely include a combination of funding mechanisms that would be identified in individual project feasibility reports. ACTION REQUESTED For information and discussion. Projects identified to be forwarded to Dakota County for consideration for inclusion in their 2007-2011 draft CIP. Respectfully Submitted, ~Yh~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Brandt Richardson County Administrator Dakota County Administration Center 1590 Highway 55 Hastings, MN 55033-2372 651.438.4528 Fax 651.438.4405 www.co.dakota.mn.us brandt. richardson@co.dakota.mn.us f~ Nrt!"', Ei-<F'LCYER ~~ March 27, 2006 Lee Mann, Director of Public Works/Engineer City of Farmington 325 Oak Street Farmington, MN 55024 Dear Lee: i i "\\\" ~ '1_,8 L~~ \ \ \ , \ \\\, . 11\ \ -,,~ \'.\\\ --~.... \1,..: .........---- ____ ..-- ~.'''._.....- Dakota County is beginning the update of its five-year Capital Improvement Program (CIP) and seeks your comments. We would appreciate your suggestions regarding new projects, changes or modifications for inclusion in the County's 2007-2011 Capital Improvement Program. A copy of the 2006-2010 adopted CIP was sent to you in February, and is also available on-line at: http://www.co.dakota.mn.us/finance /pdf/CIPDakotaCountv2006-10.pdf. Please submit any comments you have to the following individuals by June 30, 2006: Transportation (Road and Intermodal Projects) Park Projects Building Projects Holly Anderson 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 952.891.7090 hollv. anderson@co.dakota.mn.us Bruce Blair 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 952.891.7990 bruce. blair@co.dakota.mn.us Ken Harrington 1590 Highway 55 Hastings, MN 55033 651.438.4542 ken. harri nqton@co.dakota.mn.us The Transportation Department is also scheduling meetings with the city public works directors and township officials to discuss future transportation CIP projects. We will begin preparing the 2007-2011 CIP in June and anticipate having a draft CIP for formal review and comment by early September. At that time, we will seek a formal resolution from your governing board in support of those requests that have been included in the draft CIP, Thank you for your interest in Dakota County's Capital Improvement Program. B;~11L Brandt Richardson County Adm inistrator 106 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, City Administrato@ Robin Roland, Finance Director TO: SUBJECT: 2005 Comprehensive Annual Financial Report DATE: June 19,2006 INTRODUCTION The independent audit of the December 31, 2005 financial records was completed on April 7, 2006. Subsequently, the Comprehensive Annual Financial Report has been completed and the City's auditors, Eide Bailly LLP have issued their opinion on that report. In addition, they have issued a Management Report on the City of Farmington for year-end 2005. Both documents will be presented. DISCUSSION The City's General Fund final audited numbers for 12/31/05 indicate a decrease to the fund balance of $239,964; bringing the fund balance total to $1,254,700. As noted in the auditor's management letter, this represents 18% of the 2005 annual expenditures of the City's General Fund with a preferred fund balance target of 35% to 40% of annual expenditures. In 2005, actual General Fund revenues were less than budgeted revenues by $92,326 and actual expenditures were $164,313 more than budgeted, resulting in the decline of the fund balance by 16%. Further information and graphical representation will be presented at the meeting. ACTION REQUESTED Accept the 12/31/05 Comprehensive Annual Financial Report. Respectfully submitted, ~4?~ Robin Roland Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IO~ FROM: U Mayor, Council Members, \Vf City Administrator \]) /9'" Lee Smick, AICP City Planner TO: SUBJECT: Adopt Resolution and Ordinance - Amending 2020 Comprehensive Plan and Zoning Map and Extending MUSA - ISD 192 DATE: June 19,2006 INTRODUCTION The City of Farmington is proposing to amend the Farmington 2020 Comprehensive Plan and rezone the property owned by Independent School District (ISD) #192 west of Flagstaff Avenue and one third of a mile north of CSAH 50, formerly known as the "Christensen Property" (Exhibit A). The City intends to amend the Comprehensive Plan from Urban Reserve to Public/Semi-Public and rezone the property from A-I (Agriculture) to R-l (Low Density Residential) for the 1l0-acre site. School facilities are a conditional use in any R-l zoning district. The City of Farmington is also requesting that MUSA be extended to the ISD #192 property under the conditions of the approved MUSA Phasing Plan adopted on November 15,2004. DISCUSSION The Planning Commission reviewed the City's applications on June 13, 2006. The Commissioners unanimously recommended approval of the Comprehensive Plan Amendment and Rezoning. The Comprehensive Plan Amendment from Urban Reserve to Public/Semi-Public (Exhibit B) and a rezoning from A-I to R-l (Exhibit C) are the first steps in preparing the School District's property for a new high school campus including a building of approximately 450,000-470,000 square feet, various sports facilities, and supporting infrastructure. An initial capacity of 2,000 students in grades nine through twelve is proposed to be constructed by 2008. MUSA Extension During 2003-2004, the MUSA Review Committee prepared a MUSA Phasing Plan in order to extend MUSA to properties in an orderly manner. The Christenson Property (P) was a part of the Committee's review. In the summer of 2004, ISD # 192 proposed the location of a new high school. The Committee recommended two conditions in order for the property to receive MUSA which included 1) the property be removed from the Ag Preserve Program, and 2) the property be developed for a public school facility. At its meeting on November 9,2004, the Planning Commission unanimously recommended that the City Council approve and adopt the MUSA Review Committee's proposed phasing plan. Shortly thereafter, the City Council approved the phasing plan on November 15, 2004. In early 2005, the Environmental Quality Board approved the removal of the Christensen property from the Ag Preserve program. This approval met the first requirement by the MUSA Review Committee to extend MUSA to the Christenson Property. The current application by the City of Farmington requests a Comprehensive Plan Amendment and Rezoning for the property formerly known as the Christenson property, now owned by ISD #192. Upon the City Council's approval of these amendments, the School District will have satisfied all of the prerequisites to the final approval of MUSA for the property. Text Amendment The proposed amendment from Urban Reserve to Public/Semi-Public is not consistent with certain portions of the current text of the 2020 Comprehensive Plan. At a meeting on June 13,2006 with the staff of the Metropolitan Council, they agreed that the inconsistencies in question could be temporarily addressed by including the following language in the Resolution that is used to adopt the Comprehensive Plan Amendment: The approval of this change in land use designation and the inclusion of the property in question within Farmington's portion of the Metropolitan Urban Service Area (MUSA) supersede any inconsistent portions of the City's existing 2020 Comprehensive Plan. The inconsistencies can later be eliminated in or by the City's 2030 Update of its Comprehensive Plan, which must be submitted to the Metropolitan Council before or during 2008. Sketch Plan The sketch plan was reviewed by the Planning Commissioners at their meeting on June 13, 2006. The process for submitting a sketch plan is outlined in the City's Subdivision Ordinance and allows the Planning Commission to provide comments prior to preliminary plat submittal. The sketch plan was discussed in detail by the School District's Architect, and the following information was provided to the Commission. The 110-acres of existing farmland located west of Flagstaff and one third of a mile north of CSAH 50 will be developed into the new high school campus (Exhibit D with attachments). The campus will consist of a three-story building and adjoining athletic fields and parking lots. The south side of the building will house the classrooms, science labs, and art studios. Gymnasiums will be located on the east end of the building, with a pool area located on the west side. Office areas, recital hall and lecture hall will be located between the classroom area and gym area. Outside facilities include: two baseball fields, three softball fields, six football/soccer fields, eight tennis courts, an oval track at the perimeter of the football field, one track & field event area (west of the building), one physical education space and a football stadium. Staff and student parking will be located east of the building, while visitors will have a separate parking lot located near the south public entrance. The plan currently shows approximately 1,142 parking spaces. Bus loading areas will be provided to allow students to travel between buses and the building without crossing vehicle lanes. The facility will comply with applicable ADA, safety code and energy use regulations and guidelines. As part of the new high school project, Flagstaff Avenue will be upgraded and paved with bituminous material from CSAH 50 on the south to the Farmington city limits on the north. Two entrances from Flagstaff Avenue will provide access to the new high school. An intersection at Flagstaff Avenue and 208th Street will be constructed in the future when development pressures require the east/west roadway. The future alignment for 20Sth Street is shown on Exhibit E. This attachment is from the EA Wand was a part of the settlement agreement between the City and the School District. The sanitary sewer service to the new high school will extend from an existing Metropolitan Council Environmental Services (MCES) sewer south of CSAH 50 north to the new high school and north to 200th Street. The sewer extension will immediately serve the new high school and will be designed and sized to accommodate future development in the vicinity of the new high school. The City will construct and install a dead end water main from the intersection of CSAH 50 and Pilot Knob Road to the new high school's south entry way. From the existing water main at CSAH 50 and Pilot Knob Road, the City will install a 16" main running west along the north side of CSAH 50 and an 18" main running north in the right-of-way of Flagstaff Avenue, per the requirements of Farmington's Water Supply Plan. Storm water ponds are proposed on the south and east sides of the site to handle runoff from the northwest. ACTION REQUESTED City staff recommends the following: 1) Approve the attached Resolution amending the 2020 Farmington Comprehensive Plan from Urban Reserve to Public/Semi-Public for the new high school campus on Independent School District #192's property, and approving the extension of MUSA to the 110 acres in question. 2) Approve an Ordinance rezoning the property in question from A-I (Agricultural) to R-l (Low Density Residential). Respectfully Submitted, t!) /7 Q " ~/ r f . i ~ ,.'~(w ee Smick, AICP City Planner cc: Dr. Brad Meeks, ISD #192 Superintendent Peter Herlofsky, Jr., City Administrator File RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN AND EXTENDING MUSA FOR THE ISD #192 PROPERTY LOCATED ON THE WEST SIDE OF FLAGSTAFF AVENUE FOR THE NEW HIGH SCHOOL 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 19th day of June, 2006 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the City of Farmington has initiated a Comprehensive Land Use amendment for the ISD #192 property located on the west side of the Flagstaff Avenue for the new high school from Urban Reserve to Public/Semi-Public, and WHEREAS, the Planning Commission held a public hearing on the 13th day of June, 2006 after notice of the same was published in the official newspaper of the City and proper notice was sent to surrounding property owners, and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the ISD #192 property located on the west side of the Flagstaff A venue for the new high school from Urban Reserve to Public/Semi-Public, and WHEREAS, the Planning Commission approved the MUSA Phasing Plan on November 9,2004 and the City Council approved it on November 15, 2004 for the Christenson property under the following conditions, 1) the property be removed for the Ag Preserve Program, and 2) the property be developed for a public school facility, and WHEREAS, the Christenson property was removed from the Ag Preserve Program in March, 2005 and the approval of the Comprehensive Plan Amendment confirms the joint intention of the City and ISD #192 to have the property developed as a public school facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the 2020 Comprehensive Plan for the ISD #192 property located on the west side of the Flagstaff Avenue for the new high school from Urban Reserve to Public/Semi-Public and officially extends MUSA to the 110-acres of the property in question, contingent upon the following: A. Metropolitan Council approval of the Comprehensive Plan Amendment application (land use and MUSA). The approval of this change in land use designation and the inclusion of the property in question within Farmington's portion of the Metropolitan Urban Service Area (MUSA) supersede any inconsistent portions of the City's existing 2020 Comprehensive Plan. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of June, 2006. Mayor Attested to the _ day of June, 2006. City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning the ISD #192 property on the west side of Flagstaff Avenue for a new high school. THE CITY COUNCIL OF THE CITY OF F ARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the properties legally described on the attached Exhibit A from A-I (Agriculture) to R-l (Low Density Residential). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5- 1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this _ day of ,2006, by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of ,2006. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2006. - - N -A D ISO #192 Property exA o ISD #192 140270001011 39.97 Ac en ;!: E >. ....- G ISD #192 140270002290 70.03 Ac Q) :::l C Q) > <( :t:: ~ en C) ro IT: FARMINGTON HIGH SCHOOL REVISED LAND USE PLAN ex. 8 o Legend Revised 2020 Land Use Plan New Hiah School Site Change Land Use from Urban Reserve to Public / Semi Public I ~ . ~ :~'..... ,^J City Boundary 'J4/MUSA Boundary tnvlronmentally Sensallve- Flood PlalnlM ajor WeUands D Flood Plain Boundary within Developed Area _ Flood PlalnlWetland Bourdary In Undeveloped Area Comprehensive land Uses Urban Reserve Business Industrial Business Park low Density Residential lowlMedlum Density Medium Denslly High D enalty Public/Semi Public City Park/Open Space Restricted D evelopmenl Nalural Open Space ROW ~ ,I: .. ..~ ~' '~'>: ~ " "'; ... - o [ ": tr. .. ~:'~.t ~;-~t ,~.. '\..'... . t#- .....)0 -;1, .~.:'T,"."-' ~ ~':7' ,'j~ 1~~"';;( " - :.'~, J;....'t-~;? ~~ ",:f ... 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Lee Smick, AICP City Planner i.tiPe/' TO: SUBJECT: Adopt Resolution - Amending 2020 Comprehensive Plan and Review Schematic PUD F airhill DATE: June 19,2006 INTRODUCTION Newland Communities has applied for an amendment to the Farmington 2020 Comprehensive Plan to relocate the existing Low Density Residential, Medium Density Residential and Commercial land uses on the current plan and propose five additional land use designations on the current plan including Parks & Open Space, Environmentally Sensitive, Low-Medium Density Residential, Mixed-Use (Commercial/Residential), and Mixed-Use (Public/Residential). DISCUSSION The amendment encompasses 965 acres, which includes 520 acres within the recently annexed area formerly known as the "Seed/Genstar" property. The property's name has been changed to "Fairhill" to recognize the farm that has existed on the property for years. The Fairhill project is located on the west side ofTH 3 and north of the Mystic Meadows development (Exhibit A). The developer is proposing to construct 2,100 to 2,700 homes on the property. The maximum count in the 2004 AUAR was 3,896 homes. The developer proposes between 8-10 single-family housing styles and 3-5 multi-family styles. The single-family lot widths will vary from 35-85 feet and the gross density is proposed at 2.9-3.8 units per acre. The developer proposes 134,000 square feet of retail compared to the 248,000 square feet noted in the 2004 AUAR. As discussed in the information (Exhibit B) provided by Newland Communities including the Narrative Statement, the Landscape Strategy, and the information packet (pp 1-25) concerning the development process for Fairhill, the developer is proposing a wider variety of land uses than what is currently shown in the Farmington 2020 Comprehensive Plan. Planning Commission Meeting - June 13, 2006 The Planning Commissioners reviewed the Comprehensive Plan Amendment (Exhibit C) and Schematic PUD (Exhibit D) on June 13, 2006. The Commissioners unanimously recommend approval of the amendment and PUD, however, they did voice some concerns about the following: 1. Newland's desire for 315-365 acres oflow-medium density residential and 182-192 acres oflow density residential, when the original 2020 Comprehensive Plan showed 638 acres of low density residential. 2. A concern about the large amount of low-medium density lots at 35'-65' in width. The Commissioners stated that they would like more acreage dedicated to low density residential (65'- 85' wide lots), thereby reducing the number of low-medium density homes (1,000 - 1,350 are currently proposed) and adding to the low density product (450-550 homes are currently proposed). 3. A concern that Diamond Path Road was not shown on the Comprehensive Plan or Schematic Plan as was approved on the City's Thoroughfare Plan in November of2004 (Exhibit E). 4. The "abrupt" transition from low density residential to low-medium residential from the Meadow Creek subdivision into the Newland property on 189th Street. Farmington 2020 Comprehensive Plan Exhibit B, page 4 shows the original land use configuration within the SeedlGenstar property that was approved in 2000 as an update to the Farmington 2020 Comprehensive Plan. As illustrated, the 25-acre commercial area was shown in the northeast portion of the property. This location was proposed because of the potential intersection ofthe 179th Street east/west corridor and Trunk Highway 3, as shown on early renditions of the East/West Corridor Study proposed by Dakota County. Since the approval of the land use plan in 2000, Dakota County has determined that a more northerly route for the "1 79th Street corridor" would alleviate the need to further mitigate the existing wetlands north of the Riverbend development. The County has abandoned the original 179th Street east/west corridor in the northeast portion of the SeedlGenstar Property. Because of the abandonment of the 179th Street corridor, Newland Communities has determined that the commercial area should be relocated to the intersection of 195th Street and TH 3. This area will be a prominent intersection for commerciaVoffice/residential, and staff feels that the relocation of the commercial area, proposed to be designated Mixed Use (Commercial/Residential), will be beneficial to the City's and developer's visions ofa "fully-integrated pedestrian-friendly community". Exhibit B, page 4 of the 2020 Comprehensive Plan also shows five tracts of medium density residential located throughout the SeedlGenstar Property. Once again, with new roadways and routes proposed for the project, Newland Communities is proposing to consolidate most of the medium density land use from the 2020 plan and locate it adjacent to the Mixed Use (CommerciallRetail) area at the intersection of 195th Street and TH 3. The medium density along TH 3 will generally remain in the same location, however, the medium density residential area adjacent to the Riverbend development is now proposed for low- medium density residential. Amendment to the Farmington 2020 Comprehensive Plan Newland Communities is proposing revisions to the Farmington 2020 Comprehensive Plan including the relocation of existing uses and the addition of a variety of land uses not currently shown on the existing plan (Exhibit C). Proposed Text Amendments The developer and City staff is jointly proposing two new land designations, which will require text amendments in the 2030 Comprehensive Plan Update. The text amendments are as follows: 2 Mixed Use (CommercialJResidential). An area that consists of: a. a building or buildings containing commercial and residential uses within the same structure(s); or b. separate commercial buildings and medium density residential buildings that are located in close proximity to one another and that are functionally integrated with pedestrian and vehicular traffic; or c. both "a" and "b," above. Mixed Use (Public/Residential). An area that consists of one or more of the following: a. a public or semi-public facility; b. a public park and/or public open space; c. low-medium density residential (not to exceed 40% of the total acreage) Land Use Revisions to the 2020 Comprehensive Plan Revisions included on the proposed updated plan are the following: . Low-medium density residential and park & open space have been included on the proposed plan. The low-medium density residential offers more density transition throughout the site. . The former commercial area proposed at the north end of the study area is now proposed for low- medium density residential. . The former commercial area at the northeast comer of the property is now being proposed to be located along Trunk Highway 3 at the intersection with 195th Street because of the accessibility potential in this area. The proposed Mixed Use (Commercial/Residential) area will include neighborhood commercial, office, and residential uses and will not detract from the City's downtown commercial area. . The medium density residential area adjacent to the Riverbend development has been revised to low-medium density residential. . The medium density residential acres have increased by 28%, which will assist the City in meeting its Livable Community Goals. . The relative proportions of various residential densities warrant some examination. The original (2020 Comprehensive Plan) concept reflected 84% low density and 16% medium density. The current Newland proposal reflects 26% low density, 52% low-medium density, and 22% medium density. If there is no residential development in the "Mixed Use (Public/Residential)" area, the resulting proportions would be 27% low density, 50% low-medium density and 23% medium density. . The commercial acres on the 2020 Comprehensive Plan have been reduced by 28%, however residential housing is also proposed within this land use designation. . New roadways, including extensions of 195th Street and Diamond Path Road are proposed to serve this area. . Park & open space was not shown on the 2020 Comprehensive Plan. The developer originally proposed a 51-acre park designation along the west side of the railroad. The Park & Recreation Commission met on June 7, 2006 and stated that its first priority for land dedication is the southwest comer of the property shown as Mixed Use (Public/Residential). The next priority was 3 ensuring that the trails shown on the City's Trail Plan are included on the Final PUD. The last priority is park acreage elsewhere on the property that meets park dedication requirements. The Commission also mentioned that they would like discussions between the Commission, the School District, and the City to commence soon in order to discuss co-location possibilities for shared facilities. . The 72-acre Mixed Use (PubliclResidential) area is proposed for an elementary school, park & open space (community center), and low-medium density residential. The developer is proposing to construct a maximum of 40% of the total acreage as low-medium density residential in this area in the event that no agreement for an elementary school in this location is achieved and all park dedication is satisfied. If the elementary school, community center, and parks are located within the 72 acres, the low-medium density residential will not be constructed. . The final land use proposed is Environmentally Sensitive (FEMA floodplain) and consists of North Creek and its floodplain and the steep slopes in the central portion of the property. This floodplain area is unchanged from the original Comprehensive Plan. This use will preserve important natural resources and habitat connections, and will provide natural areas for walking trails and passive recreation. The steep slope area will be preserved as required in the City Code for slopes over 20%. The following table indicates existing land use, the 2020 Comprehensive Plan land use, and proposed revisions by the developer to the 2020 Comprehensive Plan: Land Use Category Existing Rural Residential Vacant or Agriculture Low Density Residential Low-Medium Density Residential Medium Density Residential Mixed Use (CommerciallResidential) Mixed Use (Public/Residential) Parks/Open space/PondslROW Environmentally Sensitive Public/Semi- Public Total Area Schematic Plan Existing Acres 56 950 o o o o o o o o 1006 2020 Comp Plan Acres o o 638 o 119 25 (Commercial) o 224 o o 1006 Revisions to 2020 Comp Plan Acres o o 182-192 315-365 156-166 18 72 Not yet determined 137-147 5 885-965 (w /0 parks/open space) The Planning Commission has requested that the City Council provide comments to them concerning the Schematic Plan. Staff will then bring the Council's comments to the Commission for consideration when the Commission reviews the Final PUD in the future. The developer has also included a schematic plan showing more detailed locations of the proposed land uses (Exhibit D). Section 10-5-24 (D) of the City Code provides that the schematic plan shall meet the following requirements: 1. The planning commission shall review the application and make a recommendation to the city council based on and including, but not limited to, the following: (a) Compatibility with the stated purposes and intent of the planned unit development. 4 (b) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the city's land use plan and to other provisions of the zoning title. (c) Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas and open spaces. Intent of the Schematic Plan The developer's intention for the Schematic Plan is to fulfill its commitment to develop a master plan community in the City of Farmington that: 1) pays its own way; 2) provides diverse homeownership opportunities and "quality of life" benefits for existing and future Farmington residents; 3) preserves key habitat and protects the local character of the community; and, most important; 4) forms a partnership that honors the City's past heritage, while creating a bridge to its future. Consistency with the Farmington 2020 Comprehensive Plan The proposed development is consistent with the Farmington 2020 Comprehensive Plan, and will help the City meet the following goals: 1) Provide for low and medium density residential development. 2) Locate medium density residential developments near transportation access and along the rail line as these uses can serve as a buffer between low-density uses and the rail line. 3) Preserve the natural open space as a passive recreational area and extend the City trail system into this area. 4) Maximize preservation of the district's rolling topography and other natural amenities through new subdivision standards that require environmental conservation measures. 5) Design a future commercial center to be pedestrian and neighborhood-oriented in scale and character. 6) Promote only neighborhood-serving commercial uses in well-designed and pedestrian friendly commercial districts along Trunk Highway 3. No commercial strip developments will be permitted. Density, Circulation, Recreation, and Open Space Proposed Housing Density and TVlJes Newland Communities proposes a variety of housing products within the residential designations on the land use plan. The developer proposes housing that will reflect Farmington's period styles such as the Farmhouse Vernacular, Greek Revival, Folk Victorian, Craftsman, and Prairie designs. The developer proposes to encourage 1, 1 'l2, and 2 story massing for the homes. Additionally, the developer will encourage four-sided architecture for all product types and desires to de-emphasize the garage as part of the overall structure. . Low Density Residential includes the traditional single-family home proposed on 65'-85' wide lots with a price range between $350,000-$700,000. The developer proposes the construction of 450-550 traditional single-family homes. The designation provides for a residential density range of 1.0 to 3.5 units per acre in this designation. 5 . Low-Medium Density Residential includes traditional 1) alley-loaded single-family homes (750- 1,000 units) with a density of 2.5 to 5.5 dulac proposed on 45'-65' wide lots. Additionally, the developer proposes 2) alley-loaded single-family homes (250-350) with a density of 2.5 to 5.5. dulac proposed on 45'-65' wide lots. Assets to these homes include an inviting street and traditional small town character. . Medium Density Residential includes single-family alley-loaded courtyard homes and townhomes. The single-family homes (140-190 units) are proposed on 35'-55' wide lots with a density of 5.5 to 8.5 dulac. The executive townhomes (75-100 units) are proposed at a density of 5-7 dulac. The townhome product (450-550 units) proposes a density of 8-14 dulac. Circulation The schematic plan shows the proposed roadway alignment for 195th Street. Additionally, the plan identifies the location of Deerbrooke Path that continues northerly from the Mystic Meadows development. Exhibit D shows the developer's road framework. As proposed on the framework, a number of accesses to the development are shown along TH 3. The proposed accesses will have to comply with the Access Management requirements ofMnDOT. As the development progresses in detail, the road framework will be examined more closely. Another possible location for an access is from 194th Street within the boundaries of Empire Township. On November 1, 2004, the City Council approved an amendment to the Thoroughfare Plan (Exhibit E). Some of the revisions approved on that date were located north of 195th Street. The proposed collector referred to on the approved Thoroughfare Plan amendment map is on the same alignment as a flanned southerly extension of Diamond Path Road, which currently ends at a "T" intersection at 160t Street (County Road 46) on the Rosemount/Lakeville border. Lakeville intends to extend this road to at least 170th Street, and potentially to the 179thl180th Street area along the Lakeville/Farmington border. A further extension of Diamond Path Road through the Fairhill area would bring it south to 195th Street where it would "meet up" with the recently constructed portion of Diamond Path Road along the west side of the Mystic Meadows development. The eventual result would be a new, major north/south regional corridor mid-way between (and parallel to) Pilot Knob Road and Trunk Highway 3. Additionally, a proposed minor collector extending from 189th Street is also proposed within the Fairhill property. All of the above-mentioned roadways should be included on the schematic plan and eventually the final plan for approval of a PUD in this area. Recreation and Open Spaces As stated above, the Parks & Recreation Commission is primarily interested in acquiring land in the southwest comer of the Fairhills project. This will allow for the development of ball fields, soccer fields, recreational spaces, and possibly a community center. The developer has also proposed to provide approximately 260 acres of open space throughout the development as shown on the schematic plan (Exhibit D). A number of trails will be constructed by the developer throughout these open space areas. Amendments to the Farmington 2020 Comprehensive Plan As mentioned above, the amendments to the Farmington 2020 Comprehensive Plan include the relocation of the existing Low Density Residential, Medium Density Residential and Commercial land uses on the current plan and the inclusion of five additional land use designations on the current plan including Parks & Open Space, Environmentally Sensitive, Low-Medium Density Residential, Mixed-Use 6 (CommerciallResidential), and Mixed-Use (Public/Residential). The amendment also proposes text amendments to the Farmington 2020 Comprehensive Plan. ACTION REQUESTED City staff recommends the following: 1. Approve the attached resolution to the 2020 Farmington Comprehensive Plan to relocate the existing Low Density Residential, Medium Density Residential and Commercial land uses on the current plan and to propose five additional land use designations on the current plan including Parks & Open Space, Environmentally Sensitive, Low-Medium Density Residential, Mixed Use (Commercial/Residential), and Mixed Use (PublicIResidential). 2. Approve the Fairhill Schematic Plan and provide comments to the Planning Commission for future review. Respectfully Submitted, ~~.,~ '_'/',~) '..1 ..., j--j'" - .,' <..:..---~- .- Lee Smick, AICP City Planner cc: Krista Flemming, Newland Communities File 7 RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN FOR THE FAIRHILL PROPERTY LOCATED ON THE WEST SIDE OF TH 3 IN NORTHEAST FARMINGTON 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 19th day of June, 2006 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, Newland Communities has initiated a Comprehensive Land Use amendment, as shown on the attached Exhibit A, for the Fairhill property located on the west side of TH 3 in northeast Farmington to relocate the existing Low Density Residential, Medium Density Residential and Commercial land uses on the current plan and propose five additional land use designations including Parks & Open Space, Environmentally Sensitive, Low-Medium Density Residential, Mixed-Use (Commercial/Residential), and Mixed-Use (PublicIResidential), and WHEREAS; the Planning Commission held a public hearing on the 13th day of June, 2006 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the Fairhill property located on the west side of TH 3 in northeast Farmington to relocate the existing Low Density Residential, Medium Density Residential and Commercial land uses on the current plan and propose five additional land use designations including Parks & Open Space, Environmentally Sensitive, Low-Medium Density Residential, Mixed-Use (CommerciallResidential), and Mixed- Use (PublicIResidential). NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the 2020 Comprehensive Plan for the Fairhill property located on the west side of TH 3 in northeast Farmington to relocate the existing Low Density Residential, Medium Density Residential and Commercial land uses on the current plan and propose five additional land use designations including Parks & Open Space, Environmentally Sensitive, Low-Medium Density Residential, Mixed-Use (CommerciallResidential), and Mixed-Use (PublicIResidential), contingent upon the following: A. Subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of June, 2006. Attested to the _ day of June, 2006. Mayor City Administrator Exhibit A = rf I < (,-- \ '__J I '--: I \"-,, );, \<r{ i / .. \.~"'-" ~ - - - - - - ~~;--~ \) { LEGEND J'.!../~1 Low OIEMSIT'I' : '82-192 AC _ M.XED-US!: (PuIll.....:::/RIESIDEHT1AL): 72 AC ~"1 '\' <<, .0-3.5 DUlAC) .......\\: .. Low-MI:DIUN OIr:M'ItT. 315-365AC- PUIILIQ'8IEMI-PUBLIC: SAC ) ~ (2.5-5.5 DU/AC} r':-J IENVIAONNI:NTALLTSI:NS!T''tc: AREAS: 137-1~?_~J ( _ :'~~~:.~~:~:; 1S6-I66AC c::::J PAOPI!RTTLtNI: . _ MIZI:D-Usl!: IBAC (COMNII[IIUAL/RIESIDIfNTIAL) !:.... -:J MUBA. LINE TOTAL ACRES: 965 ACRIES . . ..~ COMPREHENSIVE PLAN AMENDMENT "A..HILL ..__-...._-.0......_ ~-=-400'_~. DIm - - N -A Fairhill Property ex. A ~-- - ~ ----=-- - "0 C Q) -e Q) > 0: /'? ~ Fairhill ./" ~ I. I i a. :.c III ~ o I- ~ '0. E w Providence Autumn Glen IIDII Newland" . .. :~::~:~~ . . eX. 8 Fairhill Comprehensive Guide Plan Amendment City of Farmington City Council June 19, 2006 Seed/Newland Property Farmington, MN . .uI Newland- 11.. COMMUNITIES Co:m.:m.unit Location AT tm HlAKT cw Qf.Af 1NJtKi . nlII Newland" . Ii. :~::~:~ Plannin Princi les NIVJIimtlCtmlfllaitiu - ~S~ W, fow C1I4tiftg iru:re4l6fs pfacu to liw. · ,n ~.~ /~' ~..- ,.- c>"Y':' .,!..~. . .-~""~--~.....- I . ~ "'0. l............ . ... J _ ~...,ll ~ . . r 1:7 '(I . _ .. ~ . ~ "r'JII"'" '" p , 1''''' .' ". t....l , , ....... .o.L I P _' .__ ,'__ M., ~,_ _ .J I., I . I II' j !" -;; ,. .- =- :~:..... ,', ~I'ol,.:":'.~~ The FAIRHILL cOl1\l1\unity will.... . PAY its own way, and more, helping provide a high quality of life for it residents and the surrounding community. PROVIDE homeownership opportunities and "quality of life" benefits for existing and future Farmington residents and their families. PRESERVE key habitat/conserve natural resources and PROTECT the local character of the community. Form PARTNERSHIPS that honor and help bridge Farmington's past with its future. . . ~ Newland" lilll COMMUNITIES 2000 COI1\ rehensive Plan AT Tftl HlAaT Of GlltAI tMNG . " '- \ ,\ / 1'. /', .... -....., '" " ", , ...... \ \ '- ,. / " '\ \ \." . LE.END c::J "'IlK _....t.. _ .v...... L.. 0._''''' ".'''.'hAL _ Me....,.. DcNa," "..'''.'''A'' _ CITY .....lC/OPc. .NeC _ NATU_."- OPeN a.,ACC r----- IDa Newland' 111. COMMUNITIES 2000 COItl rehensive Plan AT nil HlNtf Of GRVoI ll\oT\C. ~~_J Executive Summary of Comprehensive Plan: · Maintain small town character · Connect north and south areas of Farmington · Provide east-west connector street · Protect natural environment, as suitable · Provide opportunities for recreation and education · Establish north-south connection with trails · Establish access points along river, utilize wetlands/natural areas Land Use Policies · Proceed with Seed/Genstar annexation post 2002 · Promote conservation subdivision/open space protection · Neighborhood centers with drugstore, grocery, bookstore, hardware, personal services, cafe/coffee shops, video, gathering spaces · Low and medium density residential on Seed/Genstar site · Preserve open space · Create "Farmington Community Green" connecting north and south tied to active and passive recreation · Establish community/regional park facility for active recreation · Targeted 2020 residential density of 3 3 du/ac .. Protect/preserve . . . nlII Newland- Ii. COMMUNITIES COll1.lI1.unit Connectivit AT THI. HlMl Of' c.av.T UVlHG . III Newland- COMMUNITIES Aerial AT Ttll Hr.A<<T Of QU.Ar UVIHG . . IDII Newland- AUAR Update - Comprehensive Land Use . ~. :~~~:;~ . N W*E S II I I I 8 , I . IDII Newland- ~. COMMUNITIES COll1.lI1.unit Conce t AT f.. HLVJ at (iUAf lN1HG Road & Open Space Framework ... \ " I t \J . '''' , ~ 1 ~ -<. ~..., ~ .,......l , ~ . ~ Newland- . 11_ :~::~:::: N ei horhood Conce t ) . ) IDII Newland- . 11. :~::~:~ Colt1.lt1.unit Product Residential Low Density - Traditional Single Family: - Typical Gross Density: 1 - 3.5 du/ac - Typical Price Range: $350 - $700,000 - Typical Lot Width Range: 65' - 85' - Number of Homes (range): 450 - 550 - Assets: Traditional Housing Product . . ~ Newland- . ~. :~~~:;~ Co 111.111.unit Product Residential Low/Medium Density - Traditional Single Family: - Typical Gross Density: 2.5 - 5.5 du/ac - Typical Price Range: $250 - $550,000 - Typical Lot Widths: 45' - 65' - Number of Homes (range): 750 - 1,000 - Assets: Traditional Housing Product . Low/Medium Density - Alley-Loaded Single Family: - Typical Gross Density: 2.5 - 5.5 du/ac - Typical Price Range: $250 - $550,000 - Typical Lot Widths: 45' - 65' - Number of Homes (range): 250 - 350 - Assets: Inviting Street Character, Traditional Small Town Character, Garage in Alley ~ Newland" . ~. :~r:~:~ COll1.lI1.unit Product Residential Medium Density - Alley-Loaded Courtyard Homes - Single Family: - Typical Gross Density: 5.5 - 8.5 du/ac - Typical Price Range: $275 - $350,000 - Typical Lot Widths: 35' - 55' - Number of Homes (range): 140 -190 - Assets: Shared Open Space . -..... :,,-~~,;;'r.~ ~ n.~~1 _,,' ,_ ,- . ..~,..~t ',"". ~". .1.('",. ~.~. c r' . .. f'\.:' :", ". ~ ~~.' . :f~'~A-"'~ ,. 0': ~ 13 f AT THI. ttlAU 01 GILU uvwc:; Co:m.:m.unit Product Residential .uI Newland' .. COMMUNITIES Medium Density - Executive Townhomes: - Typical Gross Density: 5 - 7 du/ac - Typical Price Range:$250 - $450,000 - Number of Homes (range): 75 - 100 - Assets: Access to Amenities . Medium Density - Townhomes: - Typical Gross Density: 8 - 14 du/ac - Typical Price Range: $180 - $275,000 - Number of Homes (range): 450 - 550 - Assets: Access to Amenities, Fully-Maintained . . .-MI Newlancf Il. COMMUNITIES Proposed Comp. Plan Amendment AT 1ttl tCMl or GafAT I.IVJ'rfG - - Low DENSITY: 182-192 AC ( 1 .0-3.5 DU/AC) Low-MEDIUM DENSITY: 315-365 AC- (2.5-5.5 DU/AC) ENVIRONMENTALLY SENSITIVE AREAS: MIXED-USE (PuBLICIRESIDENTIAL): 72 AC PUBLiC/SEMI-PuBLIC: 5 AC - Cl !:'::.1 - MEDIUM DENSITY: 156-166 AC (5.5-14.0 DU/AC) PROPERTY LINE - MUSA LINE MIXED-USE: 18 AC (COMMERIALIRESIDENTIAL) TOTAL ACRES: 965 ACRES I I .1 ...-D_....I...'...., _ __.....____,,;.-..::--(....~-,/ l,i:1 x _ ==-_.._.oc:- _.._...__.oc > ~,~ .~.- - ._~._---,.~..,~ - ::::''':::;''-'-~ CJ --~. _ =.::=-_ ~':J --- . , \ I / ..J" \' " j . ~ Newland- ~. COMMUNITIES Pro osed Schematic PUD AT YM HlAIT or GUM l.MNG . Laca.ND ~D_IN" ( 1.04..I:IUIAa _ -------4'i M_U.(J"'Ua.IQftIIII_JW.' "..\\~ _ -.-..-..0 )',~ - -.....--- ') D-..... ~.::J MUM'-- _ LOW-~.o...." ........J:IUI.u:. _ ....u.o_"'"'.M.l.rI.. ........ DU(Ad _ .._v... D..-rrr, Exac. n.w."_ ~7 DUlAC) _ "~...D..""',~ 1"""IDUIAC;:) I / _ \-./ , } r \\.../' "-. i / / I \"...... ,/ --' " jGi~ " -- -'r------ ~ \, '.J . IDII Newland- .. COMMUNITIES Proposed Comp. Plan Amendment AT TttlICAaT Of Ga1A1' IJVWrG . "...- --_:... ," ---..-...--." ) -- ------ -:::::.."='--- c::J- - =.:.:.- ~~-- \ T "'" .-+-. . ~ - :::::-- -- -- ---- c- o- - ::-:.:'"-- - ==...--- \ I DIINewland" COIn rehensive Land Use 111. COMMUNITIES M Tttl HL\Rr or GKU.T UVlNG SUI11.Inary · 134,000 sq. ft. Retail - 248,000 sq. ft. in 2004 AUAR · 2,100 - 2,700 Homes - 3896 was max in 2004 AUAR - 35' - 85' wide SF lots - 8-10 Single Family product styles - 3-5 Multiple Family product styles · 2.9 - 3.8 Units per Gross Acre Density The proposed Comprehensive Guide Plan Amendment supports the original planning intentions for this area. . ~ Newland8 .. COMMUNITIES AT THl HlAaT Of GalM lJVWrfG COlI\lI\unit Website clJ. .'"".. _ ,~.. ,yO I J . .. ~"';'''' ".'.'~ $ . .' . -.....r.~,_ !, .... ' "'. ' ",' l . A pioneering spirit. A reverence for the past. A vision for the future. These are the attributes that have driven the people of Farmington forward --- in search of opportunity. Today, these are the attributes being embraced for the proposed village of Fairhill. The land on which Fairhill is envisioned has been a place of homesteading and crop tending for centuries. Proximate to both new residences and heritage homes, Fairhill presents the opportunity to help honor and bridge Farmington's past with its future --- in a style and manner that protects the character of the community while embracing new ideas. In partnership with the people of Farmington, Newland Communities will now shepard the effort to craft a new village, where yesterday's traditions transition seamlessly into tomorrow. ~(2~9 Krista Flemming Vice President of Operations III ~~J~~g _.---'--M_- n.....u..'..-...-1i) ThIS IS not Inl_ 10 be an off... 10 _ or a SOlICitatIOn of offers 10 Duy ..... Ktalllln Ilexley Rancn 10 r...aents of eonn.ctJcUI. AT THE HEJ\RT CN GIIAT LMNG AorkIa. HaWaU. 1<l8l1O. IIIII'OIS. NeW -... New J<<uy. ana Oregon. ex In any _ JUI15ClICUOl1 wnere prohll>ltecl by law. Visit www.FairhiIIMN.com . . .. Newland" Ii. COMMUNITIES COll1.ll1.unit Cornerstones ^T nil HUoKr Of WAf LNWrfG 1. Intellectual Enrichment Emphasis on Personal Growth & Development; History; Nature; Schooling/Education; Technology; Arts 2. Wellness Emphasis on Recreation; Trails; Community Gardens; Park and Natural Open Space; Sense of Retreat; Holistic Life Balance . 3. Village Emphasis on Small Town uniqueness; Town Square; Pedestrian Connectedness and Scale; Neighborhood Hub 4. Architecture (Innovative and Authentic) Emphasis on Small Town Eclecticism; Choice; Quality; Value-Added; Classic and Historical, yet Innovative . . .~;~:~ Communit Theme Design Them.e: "Timber and Steel" Design Theme Sources · Rural Vernacular Images · Farmington Images · Romantic Passenger Train Images · Industrial/Freight Train Images . Design Theme Elements · Al:1thentic and Familiar · Simple, strong agricultural massing · Gable and shed roofs · Gambrel roofs · Timber structure and wood siding · Galvanized steel roof and siding . IAII Newland" . II. :~~~:~ COlnlnunit Theine Theme & Placemaking Design Theme: "Timber and Steel" . Passenger Train Station/Depot: . Strong horizontality . . Linear shelter/roof extension . Exaggerated roof overhangs; brackets . More decorative/detailed . Human scaled . Historic/turn of the ,. century character . Roof Brackets: Wood, Steel, Ornate, Simple ~-- j ~i .. .~~ ~) ~."_. , b-=~:: c '.~ " . ~, ....-""-;..--=-=- ~ ~i'. ,;..----.. -.. . ..". ... [/ _ . ..~n."':~"- L_ _ .J.. C.'E'I$ .... '~ , I t la- .; '.1 q I III ~~ ...._ --,.,..1,..... .... .. ....-::.~' .. ~_.._.E~~.-_ . ~ . ~ Newland" 111_ COMMUNITIES COll1.lI1.ercial Product AT ,HI. H!MY or WAf tJVWoIG ~~~<)-) IN'l< ~'".IlIaWU~ . ~...... ",- "--1- --..,~, ~~~: -~ ....", -- "" I.""~""-" . """"'" ....,.,-/~-- ~ ----,-, .. -- .......... "........ ~ ..........., . . .w Newland- Ill. COMMUNITIES o R Q x P H Q W v .0 .6 W U X F W X U H V ATT1tlHEAlQ'orGIfN LNftfG ~_. -...7. ~ _ e;...... I ~ ~: ,:-.... t;.. .._..;:;,.'~ .,.. . ,. ,.....r ~ ~~~~~~- . ~ . .d/~'''':- .. . ,. ..A': ~1->." .".,.# .~.;;.. ..._-~ .. ...._v.....~ .. . ~ ~~..J.d _ ~, ..' ~ ~ ~---- , .... ."rTo/._ -, .' . '/'"., /.c ' ~ . /.' -/ "".,J:!. ? :.- .. ...." /" . ~~/~~MIDP~ Newland@ COMMUNITIES AT THE HEART Of GREAT LIVING Narrative Statement of Newland Communities In Support of Comprehensive Plan Amendment This narrative statement supports the application of Newland Communities for a Comprehensive Plan amendment relating to the master-planned Fairhill development, which is proposed for the Newland/Seed site in northeast Farmington. This amendment encompasses the entire 965-acre Newland/Seed site; of this acreage, 520 acres are currently annexed into Farmington pursuant to an Orderly Annexation Agreement ("OAA") with Empire Township, Minnesota. The remainder of the Newland/Seed site is scheduled for annexation in future years. The purpose of the Comprehensive Plan amendment is to reconcile the City of Farmington's 2020 Comprehensive Plan (as amended in 2000) with the land uses proposed for Fairhill, notably the realignment of the proposed Fairhill business/commercial center from the northeast corner of the Newland/Seed site, to approximately the southeast corner of the site, adjacent to the planned intersection of TH 3 and the extension of 195th Street. In addition, this application implements the City's prior approval of urban services (MUS A) serving 520 acres based on prior approvals of the City Council. Newland envisions a fully-integrated pedestrian-friendly community, offering a full range of housing choices to residents, connected by a vast network of public trails leading to neighborhood lifestyle amenities such as retail/commercial services, parks and open space. Central to Newland's master plan is the protection of large areas of treestands, wetlands, scenic vistas and community park. Newland's plan identifies a possible City community center/active recreation area in the southwest corner of the Newland/Seed site. In addition, Newland proposes a possible location for an elementary school adjacent to the City's community center, with an alternative residential land use option. The planning for the bridge overpass for 195th Street along with the trail network allows for direct linkages between Fairhill and the area of Farmington south and west of the Newland/Seed site. Newland's proposed Comp Plan amendment adheres to the City's land use categories, with the following exceptions: Newland is proposing a mixed use designation encompassing 18 acres. Guided uses within this land use category would include retail, motor fuel/convenience, restaurant, commercial and medium density residential. These uses will be "neighborhood scale" and consistent with the City's existing Comp Plan. In addition, while Newland is discussing with the Farmington School District the possibility of an elementary school being located in the southwest corner of the Newland/Seed site, we are showing an alternative Low-Medium residential classification in the event the school does not go forward. This change allows for potential site arrangement alterations regarding the community park area. Lastly, the amendment proposes to add the City's "Low-Medium Density" designation. This offers more density transition throughout the site and acknowledges the larger open space area along road corridors, easements, rail corridor, steep slopes, etc., that will be permanently managed by public or private community ownership. This also accounts for a transfer of a Medium Density designation in the northwest corner that now is shown as City Park. ~ Newland<D Il. COMMUNITIES /\T THE HEART or (;REM L1VIN(; The use categories and associated acreages are summarized below and on the enclosed Comp Plan amendment. Low Density: 182 - 192 acres (1.0-3.5 dulac) Environmentally Sensitive: 137-147 acres Low-Medium Density: 305 - 315 acres (2.5-5.5 dulac) City Park/Open Space: 51 acres Medium Density: 156 - 166 acres (5.5-14.0 dulac) Public/Semi-PublicILow-Medium Density: 76 acres Mixed Use: 18 acres An annexation request for the remaining portion of land (445 acres) will take place in the next couple of years, when appropriate. Additional MUSA extension will coincide with the annexation request and the City's staged MUSA extension planning for the site, including 250 acres in 2009 and the remaining 195 acres in 2012. In conjunction with its proposed Comp Plan amendment, Newland is requesting approval of a Schematic PUD Plan for the Newland/Seed site. The Schematic Plan mirrors the Comp Plan amendment in essential detail, but defines more specifically the acreage allocated to residential use categories. Newland's overall projected residential densities fall within a range of 2.7 to 3.3 units per gross acre, consistent with the density projected under the City's current Comp Plan. Newland's projected housing unit count of 1,900 - 2,500 is well below the number allowed by the City, and meets the intent of the original planning efforts set forth in the 1998 Comprehensive Guide Plan. Newland's Comprehensive Plan amendment and related Schematic Plan fulfills its commitment to develop a master plan community in the City of Farmington that: (1) pays its own way; (2) provides diverse homeownership opportunities and "quality of life" benefits for existing and future Farmington residents; (3) preserves key habitat and protects the local character of the community; and, most important, (4) forms a partnership that honors the City's past and heritage, while creating a bridge to its future. We look forward to reviewing the master plan for Newland's Fairhill development with the City in the coming months. FA IRHILL 6/6/2006 Landscape Strategy 1 Rural Context The rural character has been formative in shaping the landscape character of the Fairhill site and has been enhanced in supplemental landscape treatments at the perimeter of the site as follows: 2. Highway 3 · Designated a scenic route · Generous set-back with hedgerow planting character · View corridors into project · Maintenance of wetland areas along edge areas 3. Rural Landscape Edge · Creation of an agricultural landscape character, incorporating geometrically structured hedgerow planting and grass. 4. Project Gateways · Landscape walls and sign age, designed to complement both the rural and industrial railway themes · More intense orchard tree planting framing entrances · (possible reflecting tightly spaced bosque planting reminiscent of orchard · geometric form of crop planting using a simple palette of grasses and groundcovers 5. 195th Corridor · Generous landscape buffer be developed along both sides of the ROW · strong landscape character to the road from the existing forest · single dominant character should be adopted that will provide a strong and unique character to the road and the project. 6. North Creek Environmental Enhancement Area · Integrate elementary school, Civic Center and Environmental Center as regional destination and local amenity · Community facilities directly linked to North Creek regional open space trail system, connecting to downtown Farmington · North Creek wetland, open space system significant regional environmental park, with enhanced habitat values and interpretation/environmental learning · Natural landscape character, incorporating trails, boardwalks, wetlands and lakes, picnic facilities and enhanced environmental planting. 7. Railway Corridor · Significant open space setback to residential areas, providing noise and visual buffer · Pedestrian crossing of rail line, providing linkage between residential development to east and school and civic park to west. · Open space buffer integrating natural drainage bio-swales and water storage. 8. Ridgeline Open Space · Combining rural formal and informal planting character · Enhanced views over North Creek and to hills to west · Integrated pedestrian/bicycle trails connecting recreation facilities, village center and residential neighborhoods. · Diverse recreational amenities, including sledding hills, informal play areas, picnic facilities, children's playgrounds, ampitheatre · HOA facilities in enhanced parkland setting EDAW FAIRHILL 6/6/2006 EDAW 9. Neighborhood Design · Distinctive landscape character identifying individual neighborhoods · Hierarchy of open spaces and parks as focal point to neighborhoods, catering for local play and recreational needs 10. Village Center · Mixed use neighborhood center as the heart of Fairhill · Walkable main street with small town character and wide pavements reminiscent of old Farmington · Mix of uses including convenience retail, local commercial, visitor's center and community facilities. . Integrated village green with informal recreation facilities, gathering spaces and opportunity for farmer's market and seasonal events. 11. Streetscape · Establish clear hierarchy of streets with identifiable landscape character · Parkway entries create view corridors into open space · Loop road developed as continuous boulevard/parkway linking all neighborhoods within Fairhill · Small scale, pedestrian friendly local streets with high level of landscape amenity. 2 ex. IF . Thoroughfare Plan Amendment Area East of Akin Road (Adopted on 11/1/04) j \ -=- Proposed Minor Arterial · - - Proposed Collector ..... Proposed Minor Collector · - - Proposed County Road - Municipal Boundary D City of Farmington _ Empire Township D City of Lakeville . N W+B s 1000 0 1000 2000 Feet o ( .... I , . LEGEND Low DENSITY: la2-1112 AC (1.0-3.11 DUlAC) LOw-MEDIUM DENSITY: 3111-3all AC - (2.11-11.11 DUlAC) - - - - MEDIUM DENSITY: IlIa-laa AC (11.11-14.0 DUlAC) - c:::J !:..:J P"O"E"TY LINE MIXED-USE: la AC (COMMERIAL/RE.IDENTIAL) MUSA LINE TOTAL ACRES: lIall ACRES I .I , I -;\::.==--=_:=~:})) ~ - .. ,-1 ~j \ L_J 0'1 ( \~ ) j) \-! <f// ( \~ <\ '\ , ~( !(~. ~- .~"" ~u_uu__~ \\ . -,) ~ 1 ) / /" I '" ( U h'.-? /1 II ' ~ MAY2t' COMPREHENSIVE PLAN AMENDMENT P'ARMINGTONr MINN.aoTA ~ _ __; I r.::!I. n-.100:-2<lli....-..oo:..--.oo:. IlUINtwtand" -- - ..~- ----- -......;...~'.. FAIItHILL Imm o (1 . - - - - · LOW DEN.ITY - (1.003.. DUlAC) LOw-MEDIUM DEN.ITY (2...... DUlAC) ///1 : =::-~~i------~ _ GENERAL OPEN ~AREAS ---J c::J ~JnYUN" .....~ ~::J .~~ @: /1 ~ / ~~~/;~ LEGEND MEDIUM DEN'ITY, ALLEY, SF (.... II.. DUlAC) MEDIUM DEN.ITY. ExEC. TOWN HOMES (.-7 DUlAC) M.EDlUM DENSITY, TOWNHOMIt. (11-1.. DUlAC) - -\:";-=-...=..- - - - -'-7-"::- ""- ~j I 1 /) (/ ~- \ L_..J /""'( ( \~/ "I ~\./-._, ~ /'( \ I {(-.-- \ \ ~ ~ \~ ~~- ~- - - - - - - - - .~ \ ~ I \) I 1 I ) / ~ I '" ( ,Jh-7 ;; I\', ~ . " . Newlan<r - - - ---. - ~- - --- -- ....,;....;;......,;,;. SCHEMATIC PLAN _ _ _ .1:~II'H.lL.L_ _- _ __- P'ARMINGTON,MINN.~TA MAY 2008 ~u_ Q-100:"2~'QQ. I~. ROO'.. IDDJ /Oe, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ~iiV Mayor, Council Members \ City Administrator (J- Tony Wippler, Assistant City Planner FROM: SUBJECT: Adopt Resolution - Sunrise Ponds Final Plat DATE: June 19,2006 INTRODUCTION Bridgeland Development Company has submitted the Sunrise Ponds Final Plat for the property generally located west of Cambodia Avenue and north of Bristol Square (Exhibit A). The current address of the property is 21085 Cambodia Avenue. DISCUSSION The developer is proposing a two phase development. The first phase consists of the southwestern portion of the property. An initial fifty-six (56) single-family lots are being proposed on 17.09 acres. The remaining buildable area is show as outlots (F and G) and will be subject to the final plat process at a later date to create additional lots. Outlots D and E will be utilized for the expansion of the existing stormwater pond located to the south of the property. Outlot C will consist of a private park that will contain a gazebo and small tot lot. Outlot A will be an internal private road for the first phase and Outlot B will be a sixteen (16') foot wide paved alley for access to rear loaded garages. The Planning Commission recommended approval of the Preliminary Plat, PUD Agreement and Design Standards on March 14, 2006 and the City Council approved these documents at its April 3, 2006 regular meeting with the following contingencies: 1. The satisfaction of any Engineering and Planning Comments 2. Obtaining permission from the electric company to have a shared driveway within the electric easement on Lots 1, 2, 3, Block 1 3. The placement of a tot lot within the park/open space adjacent to the gazebo 4. The revision of the plat to convert Outlot B (Outlot C on the latest plat) into a tot lot and develop it Proposed Lot Sizes, Widths, and Setbacks The plat consists of detached single-family lots with lot widths ranging from thirty-six (36') to forty- six (46') feet. The lot areas range from 3,373 square feet to 10,478 square feet in size. The setbacks for the development are proposed at twenty (20') feet in the front, six (6') feet on the side, and ten (10') feet in the rear. The property is being platted as a Planned Unit Development which allows for the flexibility of incorporating smaller lots within the development. Homeowner's Association The road network consisting of Outlots A and B as well as the private park area consisting of Outlot C will be privately held and maintained by a Homeowner's Association. Transportation The development is adjacent to one existing roadway - Cambodia Avenue. With the overall development of this property, the City is requiring that the developer upgrade and extend Cambodia Avenue north to the plat boundary. For phase 1, the developer will be responsible for constructing (paving) Cambodia Avenue to the first entrance of the development. The remaining portion of Cambodia A venue will remain a gravel surface and will be graded and constructed with phase 2 of the development. The majority of Cambodia Avenue, with the exception of a portion in the northeast comer of the property, is not within the plat boundary. An easement has been obtained by the developer from the Kral family for the portion of Cambodia Avenue that encroaches on their property. Cambodia Avenue will be classified as a collector road and will have a right-of-way of sixty-eight (68') feet with a road width of thirty-three (33') feet. In addition, the plat shows the western extension of 21 oth Street through the northerly portion of the site. 210th Street will be constructed as a seventy (70') foot right-of-way with a thirty-three (33') foot wide street curb to curb. This road will be classified as a collector, therefore, no parking will be allowed on 210th Street. It should be noted that 21 Oth Street will be constructed (but not paved) with phase 1. The developer will provide a temporary gravel road that will extend from the easternmost entry off of 21 Olh Street to Cambodia Avenue. This will allow for a secondary (emergency) access in and out of the site. 210th Street will be paved during phase 2 of this development. Parks & Recreation Randy Distad, Parks & Recreation Director, has attached a memo (Exhibit B) that states that the proposed trail and park locations are in compliance with the recommendations of the City's Parks & Recreation Advisory Commission. In addition, cash-in-lieu will be taken for any remaining park dedication requirements that go beyond the credit that will be given to the developer for Outlot C. Traffic The City's traffic consultant has prepared a memo (see attached Exhibit C) that indicates that the proposed roadway system for phase 1 of the development is acceptable. Engineering The Engineering Division has recommended approval of the Sunrise Ponds Final Plat contingent upon the satisfaction of any engineering requirements. Planning Commission Action Etc. The Planning Commission considered the proposed Sunrise Ponds Final Plat at its meeting on June 13,2006. The Planning Commission unanimously (5-0) recommended approval of the Final Plat. Prior to that vote, some of the Planning Commission members commented on the developer's plan to initially pave only (a) the "internal" roadways that would be needed to serve the homes that will be built in phase 1 of the development and (b) the currently unpaved portion of Cambodia Avenue between the Bristol Square development and the southernmost access into phase 1 of Sunrise Ponds. The developer has proposed to pave the remaining portion of Cambodia Avenue that is adjacent to the Sunrise Ponds property (which is an existing gravel road) during phase 2 of the development. The developer has also proposed to construct (but not pave) 21 oth Street during phase 1, and to install curb, gutter and pavement during phase 2. During phase 1, the gravel portion of210th Street would serve as a secondary (emergency) access to the phase 1 residential lots. Some of the Planning Commissioners mentioned that if there was an unanticipated delay in the construction of phase 2, or if phase 2 was never built, the paving of210th Street and a portion of Cambodia Avenue could be delayed, or might not occur at all. However, they indicated that ifthe developer's proposal was acceptable to City staff, the City's traffic consultant and the City Council, it would also be acceptable to them. Their subsequent unanimous motion to recommend approval of the Final Plat did not include any roadway-related conditions, restrictions or contingencies. The only contingencies that were specified were the following: 1. A demolition permit will need to be applied for by the developer to demolish any of the existing structures on the property. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of construction plans for grading storm water and utilities by the Engineering Division. The developer's proposal regarding the phasing of roadway construction is acceptable to City staff and the City's traffic consultant. It is anticipated that the vast majority of the outbound and inbound traffic for phase 1 of the development will use Cambodia Avenue and 213th Street to get to and from Highway 3, and all of that traffic will be able to use paved surfaces under the developer's proposal. The portion of 21 Oth Street that lies within the Sunrise Ponds plat will initially be needed only as a secondary (emergency) access for the homes located in phase 1, and the City has not customarily required developers to pave emergency access routes. It is not anticipated that the phase 1 homes will generate a significant amount of traffic that will want to exit the development on the north side (i.e., onto 210th Street) and then drive on long stretches of gravel road (21Oth Street east of Cambodia, and then Biscayne Avenue north to CSAH 66) in order to get to a major/paved roadway. The need for pavement on 210th Street will arise primarily in connection with the construction of the phase 2 homes that will be located north of 210th Street, because those homes will presumably use 210th Street as their primary route for inbound and outbound traffic. ACTION REQUESTED Adopt the attached resolution approving the Sunrise Ponds Final Plat contingent upon the following items: 1. A demolition permit will need to be applied for by the developer to demolish any of the existing structures on the property. . . . 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of construction plans for grading, storm water and utilities by the Engineering Division. Respectfully submitted, -r (J~'D Ton~PPler, A~t;rt City Planner Cc: Bridgeland Development Co. Terra Engineering ~.- c- ,i c. '.c = ~--:J, L ,8:' I :<<.' I ~ 1[[0. ;~ =~:?~ (I) C Z o 0.. V~ .. ~ Z :J (I) o. 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I ~ I' L____-.J ~.: S'~~ ",j!:~ ~ ~'i:::> ::I _"~O "'bl~ ~ ~~~~ .~-~ ~g~~ ':<....,;2 i~'o ~~~; d-:'o~ ~~I~ i~~ ~a ~~~~~ :I:!;~" d ~~~~~ ~~",:L., ~~~ ~g o ~: I I I I L___ ,- I h I a " 8 ~ I ~ 8 I '" I _LJ T 8 '" Li .., ;?;; I&. 0 ~ .., t:i 11.1 :t 0 Ul Z ~ ci .J IrJ ii: i <( 19 IrJ ~ it l?l ~ ~ ;,: 1rJ~ I- ~~ o ~~ .J " I- " ::) .' 01~ ~" o N --, I I I I eXIt/3IT /1- 3 >- ~ <: ::: " Iii ~~. ~~~ u" ~~o "e" g;~ g~~ ~~. ~:~ 3~~ <"" ~g~ i~~ ig~ ~~~ in; 6Xlrt B It- 13 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission Members FROM: Randy Distad, Parks and Recreation Director RE: Comments on Sunrise Ponds First Addition Final Plat DATE: June 7, 2006 BACKGROUND Staff has reviewed the Sunrise Ponds First Addition Final Plat (Final Plat) that was submitted by Bridgeland Development (the Developer). DISCUSSION The Developer has correctly shown Outlot C on the Final Plat as the park area in the Sunrise Ponds First Addition development. All trails shown to be constructed in the Final Plat for the First Addition are also correct. Any remaining park dedication requirements beyond the credit that the Developer will be given for Outlot C will be taken as cash-in-lieu. RECOMMENDATION Staff is recommending the Final Plat for the Sunrise Ponds First Addition be approved since the trail and park locations are in compliance with what was previously discussed with the Developer. ~ectfullY SUbm. itted, . ~~ lJ;t1J Randy Distad Parks and Recreation Director cc: Park and Recreation Advisory Commission Members Dave Sanocki, Engineer 5XlflQIT c.. .Memo . /1. Bonestroo ... Rosene -=- Anderlik & 1\11 Associates Engineers & Architects To: Tony Wippler Assistant City Planner Date: 6/14/2006 From: Shelly Johnson Re: Sunrise Ponds - Phase I File No. 000141-05250-0 Remarks: Pursuant to your request, I have reviewed the Phase I access of Sunrise Ponds development. The Phase I development is proposed to consist of 56 lots which as single family homes will generate approximately 530 daily trips (265 in; 265 out). The proposed access includes a paving of Cambodia Avenue, from the south, to the first access to the development. The developer proposes to provide a gravel road along the 21 Oth Street corridor from Cambodia Avenue to the first access on the north side of the development. This concept is workable with regard to traffic access for the Phase I development. You may desire some type of agreement as to who maintains the gravel roadway if the City does not wish to maintain this until it is paved. . . Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com o St. Paul Office: 2335 West Highway 36 St. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 o Milwaukee Office: 12075 N. Corporate Par1<way, Ste 200 MeQuon, WI 53092 Phone: 262-643-9032 Fax: 262-241-4901 o Rochester Office: 112 7th Street NE Rochester, MN 55906 Phone: 507-282-2100 Fax: 507-282-3100 o Willmar Office: 205 5th Street SW Willmar, MN 56201 Phone: 320-214-9557 Fax 320-214-9458 o St. Cloud Office: 3721 23" Street S St. Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 o Libertyville Office: 1860 West Winchester Rd, Ste 106 Grayslake. IL 60030 Phone: 847-548-6774 Fax: 847-548-6979 . . . RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT SUNRISE PONDS 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 19th day of June, 2006 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the final plat of Sunrise Ponds is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat on March 14, 2006 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOL YED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: 1. A demolition permit will need to be applied for by the developer to demolish any of the existing structures on the property. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of construction plans for grading, storm water and utilities by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of June, 2006. Mayor Attested to the _ day of June. 2006. City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ TO: Mayor, Councilmembers, City Administrato@ Tim Gross, P.E., Assistant City Engineer FROM: SUBJECT: Adopt Resolution - Approve Development Contract - Sunrise Ponds DATE: June 19,2006 INTRODUCTION The Development Contract for Sunrise Ponds is forwarded herewith for Council's consideration. DISCUSSION The preliminary plat for Sunrise Ponds was approved by the City Council on April 3,2006 and the final plat was approved by the City Council tonight at the June 19,2006 meeting. 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 IMP ACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Sunrise Ponds Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Re.s. pe:altfullY ..u. bmitted, -1 - ~ .~ Tim Gross, P.E. Assistant City Engineer cc: file RESOLUTION NO. R -06 APPROVE DEVELOPMENT CONTRACT SUNRISE PONDS 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 19th day of June, 2005 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R39-06, the City Council approved the Preliminary Plat of Sunrise Ponds, and; WHEREAS, pursuant to Resolution No. R -06, the City Council approved the Final Plat of Sunrise Ponds subject to the following conditions: 1. A demolition permit will need to be applied for by the developer to demolish any of the existing structures on the property. 2. The Final Plat approval is contingent on 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 19th day of June, 2006. Mayor Attested to this _ day of June, 2006. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 19th day of June, 2006, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Bridgeland Development Company, a Minnesota Limited Liability Company (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for SUNRISE PONDS (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 Ril!ht 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 Plan D - Park Improvement Plan Plan E - Zoning/Development Map Plan F - Wetlands Mitigation as required by the City 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. Zoninl!lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' 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 e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments I. Surveying and Staking ill. 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. 210th Street and Cambodia Avenue shall be fully constructed, with the exception of paving and curb and gutter, with the first phase of the development. Building permits shall not be issued for the development until these improvements are completed. These streets shall be maintained by the developer at such a level that they are fully passable by traffic and can be safely plowed by the City. 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. 2 7. Time of Performance. The Developer shall install all required public utilities, by November 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. 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. Outlots D and E shall be deeded to the City following the completion and approval of improvements as required under Plans A-F. 10% of the total security amount shall be held until the required outlots are deeded to the City and the required As-built plans are submitted and approved. A Letter of Exemption, attached to this contract as Exhibit "B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 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 streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by the City Engineer in writing. It is the responsibility of the Developer to request, in writing, City acceptance of the streets. Failure of the Developer to request acceptance of the streets 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 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. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. 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 streets and utilities. 10. Gradinl! 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 3 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 $ 588 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapinl!:. The Developer shall landscape the plat in accordance with Plan C. 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 1) 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 I 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 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-F. 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 fmal 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 Manal!:ement Fee. The Developer shall pay an area storm water management charge of $ 83,363 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 six percent (6%) 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 Mitil!:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the WetIands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 4 17. Water Main Trunk Area Chan!:e. The Developer shall pay a water main trunk area charge of $ 19,443 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 six percent (6%) 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. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 34,720 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 six percent (6%) 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. 19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 15,131 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 six percent (6%) 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. 20. Park Dedication. The Developer shall be required to dedicate 1.02 acres ofland for park purposes. This park land shall be improved in accordance with the approved Park Improvement plan and the City's Engineering Guidelines. The developer is dedicating 0.28 acres in outlot C and outlot B as private parks within the platted development. Per the park dedication ordinance, one quarter (1/4) of public park dedication requirements may be satisfied by private park dedication. Therefore 0.26 acres of private park shall be considered in satisfying a portion of the public park dedication requirements. The balance of public park dedication required is 0.76 acres. The Developer shall pay the City $ 79,028 as cash in lieu of land 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 six percent (6%) 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. 21. Park Development Fee. The Developer shall pay a Park Development Fee of$17,148 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 park to which the Park Development Fee for SUNRISE PONDS shall be credited/coded to is the Tamarack Park (2315-5046). 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. Per the park dedication ordinance, one quarter (114) of public park development requirements may be satisfied by private park improvements. Therefore a credit of $4,287 will be given to the Developer for park and trail improvements in private parks within the plat. The net result is that the Park Development Fee to be paid with this plat is $12,861. 22. Sealcoatine:. The Developer agrees to pay a fee of $ 3,503 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. 5 23. GIS Fees. The Developer is responsible for a Geographic Information System fee of $ 3,080 based upon the acreage or number oflots within the subdivision. This fee shall be due and payable upon execution of this Agreement 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 25. 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 $ 1,658,069. 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 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 $ 408,119 $ 314,483 $ 210,459 $ 219,693 $ 292,269 Monuments St. Lights/Signs Landscaping & Blvd. Trees Blvd. Sodding Wetland Mitigation $ 14,000 $ 57,625 $ 78,675 $ 2,738 $N/A Two Years Principal and Interest on Assessments $ 60,009 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. Responsibilitv 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. 6 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 attorney'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 attorneys' 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. 31. Wetland Buffer and Natural Area Shms. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 32. Existinl! 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. 7 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. 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. If the 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 umecorded 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 8 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 AM. until 7:00 P.M. 8:00 AM. 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. 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: Bridgeland Development Company Attn: Neal Krzyzaniak 10657 - 165th Street West Lakeville, MN 55044 Phone: (952) 985-5000 Fax: (952) 469-5906 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, Jr., City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor By: Peter 1. Herlofsky, Jr., City Administrator DEVELOPER: Bridgeland Development Company By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 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 Peter J. Herlofsky, Jr., 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 Bridgeland Development Company, a limited liability company under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT "A" LEGAL DESCRIPTION Lots 1 and 2, Block 2, EMPIRE LIBERTY ADDITION, according to the recorded plat thereof and situated in Dakota County Minnesota. AND That part of the Southwest Quarter of Section 29, Township 114 North, Range 19 West of the the Fifth Principal Meridian and the Northwest Quarter of Section 32, Township 114 North, Range 19 West of the the Fifth Principal Meridian described as follows: Beginning at the southwest corner of Lot 1, Block 2, EMPIRE LIBERTY ADDITION, according to the recorded plat thereof, said Dakota County; thence North 01 degrees 43 minutes 36 seconds East, assumed bearing along the west line of said Lot 1 a distance of 462.38 feet to the point of beginning of the land to be described; thence southwesterly a distance of 128.46 feet along a curve concave to the southeast, having a radius of 465.00 feet, a central angle of 15 degrees 49 minutes 43 seconds and chord distance of 128.05 feet which bears South 72 degrees 18 minutes 55 seconds West, thence a distance of 128.46 feet to the southeast corner of Lot 1, Block 1, EMPIRE LIBERTY ADDITION, along a reverse curve concave to the north west, said curve having a radius of 465.00 feet, a central angle of 15 degrees 49 minutes 43 seconds; thence North 08 degrees 13 minutes 46 seconds West along the west line of said Lot 1 a distance of 79,61 feet; thence northeasterly a distance of 25.44 feet along a curve concave to the northwest, having a radius of 465.00 feet, a central angle of 03 degrees 08 minutes 07 seconds and a chord distance of 25.44 which bears North 65 degrees 58 minutes 08 seconds East; thence a distance of 162.00 feet along a reverse curve concave to the southeast, said curve having a radius of 535.00 feet and a central angle of 17 degrees 20 minutes 58 seconds to the west line Lot 1, Block 2, EMPIRE LIBERTY ADDITION; thence south 01 degrees 43 minutes 36 West a distance of 71.24 feet along said west line of said Lot 1 to the point of beginning. 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 "C" 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 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us /O.j TO: Mayor, City Council and City Administratif FROM: Kevin Carroll, Community Development Director SUBJECT: Status Report - Proposed Orderly Annexation Agreement (Castle Rock Township) DATE: June 19,2006 ACTION REQUESTED This is a status/progress report; no specific action is requested. DISCUSSION The City Council approved the proposed Orderly Annexation Agreement [OAA] with Castle Rock Township at its meeting on June 5, 2006. The Castle Rock Town Board considered the OAA at its meeting on June 13, 2006. No strong opposition to the concept of an OAA was expressed at that time; however, the Board voted to table the proposed OAA, presumably until its next regular meeting on July 11 (unless a special meeting can be scheduled between now and then). It appeared to me that the Town Board members tabled this matter for the following reasons: 1. They wanted their attorney, and possibly their planning consultant, to review it and comment on it. 2. They decided at the meeting that they wanted to independently verify the fact that the contractual revenue sharing proposal in the OAA would benefit the Township more than the statutory revenue sharing that would apply in the event that the properties located in the OAA area were annexed by ordinance rather than pursuant to an OAA. 3. They wanted to get some clarification regarding the extent to which the City intends to exercise the land use, zoning and subdivision authority that is granted to the City under the terms ofthe OAA. They seemed to be concerned that current Township property owners who have land located within the OAA boundaries will have to start getting the City's formal approval for routine matters such as additions to houses, new decks, lot splits or lot combinations. They may also fear that the City will unilaterally rezone existing properties in a way that will make their current uses non- conforming. Councilmember Fogarty attended last night's meeting on behalf of the Council. It is my understanding that she intends to speak with Councilmember McKnight (the current City Council representative on the Farmington/Castle Rock Discussion Group) about having one or both of them contact Town Board Chair Russ Zelmer to see ifhe would be willing to schedule a special Board meeting for the week of June 19 or June 26 to discuss the aforementioned matters. If some revisions of the OAA are needed to clarify certain topics, I think Councilmember Fogarty (and presumably the remainder of the Council) would prefer to be able to get that subject on the agenda for the July 3 Council meeting in order to keep this matter moving forward at a steady pace. When everyone determines whether a special Town Board meeting will be possible, another meeting of the Farmington/Castle Rock Discussion Group will probably be scheduled (for a date prior to the special meeting) so that the Group can informally address the topics that prompted the Town Board to table this matter. /' Re.~/~ullY Sub ~ Kevin Carroll Community Development Director cc: Castle Rock Township lOA 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, City AdministratO@" Lee Smick, AICP City Planner ,(PV , FROM: SUBJECT: ISD #192 EAW DATE: June 19,2006 INTRODUCTION A draft of the Environmental Assessment Worksheet (EA W) for the ISD # 192 property (new high school) was delivered to City Hall on Thursday, June 15,2006, and is now ready for review and comment by the City Council. DISCUSSION Lisa Faye of Bonestroo, Rosene, Anderlik & Associates has coordinated the consulting work that was required for the preparation of the Draft EA W. Ms. Faye has prepared a memo to the City (see attached) stating that the Draft EA W is being recommended for approval by the City Council and requests that the Council authorize its distribution to reviewing agencies. If the City Council approves the Draft EA W, authorizes its distribution, and authorizes the publication of the required notice in the EQB [Environmental Quality Board] Monitor, reviewing agencies and other interested parties will then have 30 days to comment on the Draft EA W. If all goes as planned, the EA W could be finalized and adopted by the City Council in late summer. ACTION REQUESTED 1. Review Draft of EA W [Environmental Assessment Worksheet]. 2. Ask questions (if any) and/or seek clarifications (if needed). 3. Approve the Draft AUAR, either (a) as is, or (b) with any additions, deletions or revisions suggested by the City Council and authorize the publication of the required notice in the EQB [Environmental Quality Board] Monitor, and its distribution to reviewing agencies and other interested parties. Respectfully Submitted, I ,'7 ..~ ,...--- I ?---c( ,~(^~ Lee Smick, AICP City Planner cc: Dr. Brad Meeks, ISD #192 Superintendent Lisa Faye, Bonestroo, Rosene, Anderlik & Associates JVlemo Jl]j :=roo -=- AnderIIIc & 1\11 Auodates EngIneers .. Arch6t<<ts Project Name: Farmington High School Client: City of Farmington To: Peter Herlofsky, City Administrator File No: 141-06276 From: Lisa Fay Date: June 14, 2006 Re: Farmington High School EAW Remarks: Bonestroo, Rosene, Anderlik & Associates (Bonestroo) has reviewed the Environmental Assessment Worksheet (EAW) for the Farmington High School project and associated infrastructure. Recommendations for revision of some parts of the document were made in a series of memos in May and in June, 2006. It appears that the recommended changes have been made and we are now recommending that City staff bring the EAW to the City Council for approval and authorization for distribution to the agencies and other parties included on the Environmental Quality Board (EQB) EAW Distribution List. " notice of EAW availability is required to be submitted to the EQB for publication in the EQB Monitor; publication in the EQB Monitor will open the 30-day public comment period. A notice is also required to be published in a local newspaper during the public comment period. The newspaper notice should indicate where the EAW will be available for public review, to whom written comments should be submitted if desired, and when the public comment period will close. If you have questions, please call me at 651-604-4866. Thank you. Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com o St. Paul Office: 2335 West Highway 36 St. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 o Milwaukee Office: 12075 N. Corporate Parkway, Ste 200 Mequon, WI 53092 Phone: 262-643-9032 Fax: 262-241-4901 o Rochester Office: 112 7'h Street NE Rochester, MN 55906 Phone: 507-282-2100 Fax: 507-282-3100 o St. Cloud Office: 3721 23'd Street S St. Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 o Chicago Office: 1860 W Winchester Road, Suite 106 Libertyville, IL 60048 Phone: 847-816-1631 Fax: 847-816-3762 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: June 19,2006 It is requested the June 19,2006 agenda be amended as follows: UNFINISHED BUSINESS 11 b) Adopt Resolution - Approve Bond Sale - Finance Award the sale of the $4,500,000 G.O. Improvements Bonds of2006A to Harris N.A. for the construction of Spruce Street and the Hill Dee reconstruction project. /'---.. '.R.".e.'~. p~eCl .llY....S U;4bm.i ..' '....... '. / / \'-------:'/ // , '. IJ--'" ,11 '-;eter J. Her/9f'sky,Jr. . c v. City Admimstrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us lib TO: Mayor, Council Members, City Administrator Robin Roland, Finance Director W Adopt Resolution -Sale of $5,500,000 G.O. Improvement Bonds Series 2006A - Finance FROM: SUBJECT: DATE: June 19,2006 INTRODUCTION The City Council, at their meeting May 15, 2006 authorized the sale of $5,500,000 General Obligation Improvement Bonds of 2006A to finance construction of Spruce Street and the Hill Dee reconstruction project. DISCUSSION Competitive bids for the bonds were received today in the offices of Ehlers & Associates, Inc. Preliminary estimates anticipated an interest rate of 4.47% with an anticipated $2,339,048 interest cost over the fifteen year term of the debt. The City received five bids. Harris N.A. (Chicago, IL) was the low bidder at a net interest rate of 4.1956% and a total interest cost of $2,276,491 or $62,557 less than estimated. BUDGET IMPACT Analysis of the bids will be presented at the meeting. ACTION REQUIRED Approve the attached resolution awarding the sale of the $5,500,000 G.O. Improvement Bonds of2006A to Harris N.A. Respectfully submitted, ~#J Robin Roland Finance Director CERTIFICATION OF MINUTES RELATING TO $5,500,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held June 19,2006, at 7:00 o'clock p.m., at the municipal offices in Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,500,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 19th day of June, 2006. City Administrator It was reported that _ sealed proposals for the purchase of$5,500,000 General Obligation Improvement Bonds, Series 2006A were received prior to 11 :00 o'clock a.m., pursuant to the Official Statement distributed to potential purchasers ofthe Bonds by Ehlers & Associates, Inc., independent financial advisor to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: (See Attached) Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,500,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A BE IT RESOLVED by the City Council ofthe City of Farmington, Minnesota (the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. The City Council hereby determines that it is in the best interest of the City to issue its General Obligation Improvement Bonds, Series 2006A (the Bonds), in the principal amount of $5,500,000 pursuant to Minnesota Statutes, Chapters 429 and 475. The proceeds of the Bonds will be used to finance various public improvements. 1.02. Sale. Pursuant to the Sale Details and the Official Statement prepared on behalf of the City by Ehlers & Associates, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of III , (the Purchaser), to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale ofthe Bonds is hereby awarded to the Purchaser and the Mayor and City Administrator are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of July 12, 2006, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2008 $140,000 % 2016 $410,000 % 2009 140,000 2017 425,000 2010 145,000 2018 445,000 2011 335,000 2019 460,000 2012 350,000 2020 480,000 2013 360,000 2021 510,000 2014 375,000 2022 530,000 2015 395,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis of a 360 day year composed of twelve 30 day months. The interest on and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2007, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. 2.04. Redemption. Bonds maturing in 2014 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of$5,000, on February 1, 2013, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice ofthe call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on February 1, 20_ and 20_ (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 20_. Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 20_. Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank National Association in St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, ifthe resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the Bond Register) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall furnish the City at least once each year a certificate setting forth the principal amounts and numbers of Bonds canceled and destroyed. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative ofthe Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee ofDTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee ofDTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee ofDTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or City Administrator is hereby authorized and directed. ( e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF FARMINGTON GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2006A Interest Rate Maturity Date Date of Original Issue CUSIP No. % February 1, 20_ July 12, 2006 311297 REGISTERED OWNER: CEDE & CO. PRINCIP AL AMOUNT: THOUSAND DOLLARS THE CITY OF FARMINGTON, STATE OF MINNESOTA (the City), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money ofthe United States of America by check or draft drawn on U.S. Bank National Association, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the Bonds) in the aggregate principal amount of $5,500,000, issued pursuant to a resolution adopted by the City Council on June 19,2006 (the Resolution) to finance the costs of various public improvements, and is issued pursuant to and in full conformity with the Constitution and laws ofthe State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2014 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 on February 1, 2013, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice ofthe call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the year 20_ and 20_ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each ofthe years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount $ $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the improvements financed by the Bonds and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated such special assessments and ad valorem taxes to its General Obligation Improvement Bonds, Series 2006A Bond Fund for the payment of principal and interest; that if necessary for payment of principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Farmington, State of Minnesota, by its City Council, has caused this Bond to be executed on its behalfby the facsimile signatures of the Mayor and City Administrator. CITY OF FARMINGTON, MINNESOTA (facsimile signature - City Administrator) (facsimile signature - Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: u.s. BANK NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN ENT - as tenants by the entireties UTMA ................... as Custodian for...... ............... (Cust) (Minor) under Uniform Transfers to Minors Act ......... ..... (State) TEN COM - as tenants in common JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignnlent must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A CONSTRUCTION FUND. There is hereby established on the official books and records of the City a General Obligation Improvement Bonds, Series 2006A Construction Fund (the Construction Fund). The Finance Director shall continue to maintain the Construction Fund until payment of all costs and expenses incurred in connection with the construction of the Proj ects have been paid. To the Construction Fund there shall be credited from the proceeds of the Bonds an amount equal to the estimated cost of the Projects and from the Construction Fund there shall be paid all construction costs and expenses incurred by the City in construction of the Projects. There shall also be credited to the Construction Fund all special assessments collected with respect to the Projects until all costs of the Projects have been fully paid. After payment of all construction costs, the Construction Fund shall be discontinued and any Bond proceeds remaining therein may be transferred to the other funds or accounts established for construction of other improvements instituted pursuant to Minnesota Statutes, Chapter 429. All special assessments on hand in the Construction Fund when terminated or thereafter received, and any Bond proceeds not so transferred, shall be credited to the General Obligation Improvement Bonds, Series 2006A Bond Fund of the City. SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A BOND FUND. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Improvement Bonds, Series 2006A Bond Fund (the Bond Fund), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund (a) any funds received from the Purchaser upon delivery of the Bonds in excess of the amount required by Section 3 to be credited to the Construction Fund and the amounts for payment of costs of issuance of the Bonds described in Section 8.04; (b) the amounts specified in Section 3 above, after payment of all costs of the Proj ects; (c) all taxes and special assessments levied and collected in accordance with this resolution; and (d) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (a) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 2 and ending on the following February 1), as monies are received into the Bond Fund, the Finance Director shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the cost of the Projects, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of each of the improvements financed by the Bonds. The City estimates it will levy special assessments in the aggregate principal amount of $ . It is estimated that the principal and interest on such special assessments will be levied and collected in the years and amounts shown on Appendix I attached hereto. In the event any such assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by the City Councilor by any of the officers or employees of the City, either in the making of such assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. To provide moneys for the payment of principal of and interest on the Bonds as required by Minnesota Statutes, Section 475.61, subdivision 1, there is hereby levied on all of taxable property in the City a direct, annual ad valorem tax which shall be spread upon the tax rolls for collection in the years and amounts as follows, as a part of other general taxes of the City, as follows: Levy Years Collection Years Amount 2006-2020 2007-2021 See Attached Levy Computation SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date. Provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all ofthe principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 8. CERTIFICATION OF PROCEEDINGS. 8.01. Registration of Bonds. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Treasurer-Auditor of Dakota County and obtain a certificate that the Bonds have been duly entered upon the Auditor's bond register. 8.02. Authentication of Transcript. The officers of the City and the County Treasurer- Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability ofthe Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 8.03. Official Statement. The Official Statement relating to the Bonds, dated June 8, 2006, relating to the Bonds prepared and distributed by Ehlers & Associates, Inc. is hereby approved. Ehlers & Associates, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission (the SEC) under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 8.04. Authorization ofPavment of Certain Costs ofIssuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. SECTION 9. TAX COVENANTS: ARBITRAGE MATTERS: REIMBURSEMENT AND CONTINUING DISCLOSURE. 9.01. General Tax Covenant. The City covenants and agrees with the registered owners of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Bonds to become includable in gross income ofthe recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. In particular, the City covenants and agrees that all proceeds ofthe Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Projects (or other improvements authorized pursuant to Chapter 429). All improvements so financed will be owned and maintained by the City as part of the public infrastructure ofthe City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management, use or other agreement or contract with any non-governmental person relating to the use of the Projects or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 9.02. Arbitrage Certification. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations. 9.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure ofthe original proceeds thereof. 9.04. Qualified Tax-Exempt Obligations. The Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) which will be issued by the City and all subordinate entities during calendar year 2006 does not exceed $10,000,000. 9.05. Reimbursement. The City certifies that the proceeds ofthe Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Projects as defined in Section l.l50-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" ofthe Bonds. 9.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule l5c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. S 240.15c2-l2), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2006, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the Ci ty; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the headings: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend and EmploymentlUnemployment, which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEe. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(l) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation ofthe reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (1) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, ifnot disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b )(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (l) the information described in paragraph (l) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (l) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering ofthe Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates ofthe City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)( 5) of the Rule. (e) Alternative Filing Systems. To the extent City filings or notices are required to be made to each nationally recognized municipal securities information repository under the Rule or to any state information depository, the City reserves the right to use www.DisclosureUSA.org currently maintained by the Municipal Advisory Council of Texas, or any similar system that is acceptable to the SEC as its filing agent. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. / Ie.., 2007 CITY BUDGET DEVELOPMENT CALENDAR DATE ACTIVITY Distribute May 2006 YTD data and Line Item budget forms, personnel costing and 19-Jun-06 capital outlay request forms 26-Jun-06 City Council Budget Goals/CIP workshop 30-Jun-06 Requests for 2007 new staffing due to Human Resources 10-Jul-06 Submit Line Item budget forms, personnel costing and capital outlay to Finance 1 0-Jul-06 to Finance department compiles expenditure and revenue data and 17 -Jul-06 prepares budget review documents 17-Jul-06 June 2006 (6 months) reports distributed 17-Jul-06 , '. '" ,,:,', , &. u ' " ":,' :,' ,',' " , " ' : - :,' '" .' IInn",tc: -'. ....... , ." '''. :: ;',:'::' " to 21-Jul-06 24-Jul-06 to Management Team budget review meetings 27-Jul-06 21-Aug-06 Draft Budget document and draft CIP distributed to Council 5-Sep-06 City Council approves preliminary budget, adopts preliminary levy and selects public hearing dates October City Council workshop(s) on budget document 4-Dec-06 Truth in Taxation hearing 18-Dec-06 City Council adopts 2007 Tax Levy and Budget 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 JUNE 19, 2006 Vendor 3RD LAIR SKATEPARK AFFINITY PLUS FEDERAL CREDIT U Business Unit RECREATION PROGRAM SERVICES EMPLOYEE EXPENSE FUND CITY OF FARMINGTON 6/15/2006 10:31 :20 Council Check Summary Page - 6/5/2006 - 6/18/2006 Object PROFESSIONAL SERVICES Amount 3,220.00 3,220.00 CREDIT UNION PAYABLE 2,685.00 2,685.00 ALBRIGHT, JIM 726.00 726.00 ALCORN BEVERAGE CO. INC. AMERICAN RED CROSS AMERICAN WATER WORKS ASSOCIATI ANCOM TECHNICAL CENTER ANDERSENINC,EARLF ARCTIC GLACIER ICE ASPEN EQUIPMENT CO. ASPEN MILLS ASSOCIATION OF RECYCLING MANAG BACHMAN'S INC RECREATION PROGRAM SERVICES DOWNTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR REVENUE SWIMMING POOL OPERATIONS WATER UTILITY EXPENSE FIRE SERVICES CAPITAL ACQUISITION STREET MAINTENANCE DOWNTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR REVENUE SOLID WASTE OPERATIONS FIRE SERVICES SOLID WASTE OPERATIONS SILVER SPRINGS PARK PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES COST OF GOODS SOLD COST OF GOODS SOLD 14,599.90 18,858,11 33,458.01 TRAINING & SUBSISTANCE 50.00 50.00 SUBSCRIPTIONS & DUES 263.00 263.00 EQUIPMENT REPAIR SERVICE MACHINERY & EQUIPMENT 78.83 200.00 278.83 SIGNS & STRIPPING MATERIALS 147.26 147.26 COST OF GOODS SOLD COST OF GOODS SOLD 418.20 674.90 1,093.10 VEHICLES 4,480.67 4,480,67 UNIFORMS & CLOTHING 86.23 86.23 TRAINING & SUBSISTANCE 100.00 100.00 OTHER SUPPLIES & PARTS PROFESSIONAL SERVICES 1,431.01 726,00 2,157.01 ~ R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 2 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount BCAfTRAINING & DEVELOPMENT PATROL SERVICES TRAINING & SUBSISTANCE 350.00 350.00 BECKER ARENA PRODUCTS INC ICE ARENA OPERATIONS EXPENSE BUILDING REPAIR SERVICE 4,750.00 ICE ARENA OPERATIONS EXPENSE MACHINERY & EQUIPMENT 69,858.00 74,608.00 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 356.42 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 136.52 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,264.47 PILOT KNOB LIQUOR REVENUE OTHER SUPPLIES & PARTS 94.43 1,851.84 BETTER BEDLlNERS SOLID WASTE OPERATIONS VEHICLES 436.65 436.65 BOCKENHAUER,COLLEEN ANNUAL SEALCOATING PROJECT PROFESSIONAL SERVICES 185.00 185.00 BOERBOOM,ROB INFORMATION TECHNOLOGY MILEAGE REIMBURSEMENT 168.03 168.03 BOESE, MARJORIE L EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 361.35 361.35 BUGBEE'S LOCKSMITH BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 38.30 38.30 C&M HOMES ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 CARLSON, TARA L RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 115.50 115.50 CATCO PARTS SERVICE SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 27.39 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 1,002.04 1,029.43 CDW GOVERNMENT INC CAPITAL ACQUISITION OFFICE SUPPLIES 104.40 104.40 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 3 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount CINTAS -754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 195.55 STREET MAINTENANCE UNIFORMS & CLOTHING 137.58 PARK MAINTENANCE UNIFORMS & CLOTHING 291.32 BUILDING MAINT SERVICES UNIFORMS & CLOTHING 10.20 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 93,85 SE'^/ER OPER"TIONS EXPENSE IINIFORMS II. CI OTI-lllllr. 13758 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 117.35 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 406.97 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 117.35 STORM WATER UTILITY OPERATIONS UNIFORMS & CLOTHING 137.58 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 23.45 WATER UTILITY EXPENSE UNIFORMS & CLOTHING 137.58 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 117.35 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 273.59 FLEET OPERATIONS UNIFORMS & CLOTHING 83.99 2,281.29 CITY CENTER DEVELOPMENT LLC DOWNTOWN LIQUOR REV & EXP BUILDING RENTAL 10,468.77 10,468.77 CLAREYS SAFETY EQUIPMENT INC FIRE SERVICES EQUIP SUPPLIES & PARTS 895.00 895.00 CNH CAPITAL STREET MAINTENANCE RENTAL OF EQUIPMENT 393.42 PARK MAINTENANCE RENTAL OF EQUIPMENT 417.05 810.47 COCA-COLA ENTERPRISES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 486.60 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 662.60 1,149.20 COFFEE GUYS SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 66.50 66.50 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 14,594.85 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 30,794.45 45,389,30 COMMERCIAL ASP HAL T CO STREET MAINTENANCE STREET MATERIALS 369.61 369.61 CULLIGAN ULTRAPURE INDUSTRIES DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 12.90 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/2006 10:31 :20 Council Check Summary Page - 4 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount PILOT KNOB LIQUOR REVENUE OTHER SUPPLIES & PARTS 24.80 37.70 DAKOTA COUNTY PROPERTY RECORDS ADMINISTRATION PROFESSIONAL SERVICES 138.00 138.00 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 715.70 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,086.50 2,802.20 DEER RIVER HIRED HANDS INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 2,532.55 EVERGREEN KNOLL PARK OTHER SUPPLIES & PARTS 1,770.44 MEADOVWIEW PARK OTHER SUPPLIES & PARTS 885.24 5,188.23 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 182,174.60 182,174.60 DISTAD, RANDY RECREATION PROGRAM SERVICES TRAINING & SUBSISTANCE 280.60 RECREATION PROGRAM SERVICES MILEAGE REIMBURSEMENT 70.76 351,36 DYNAMEX SPRUCE ST EXTENSION PROFESSIONAL SERVICES 80.22 80.22 EAGAN, CITY OF RECREATION PROGRAM SERVICES ADVERTISING 28.57 28.57 ECM PUBLISHERS INC WATER UTILITY EXPENSE ADVERTISING 104.00 104.00 EHLERS & ASSOCIATES INC PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 131.25 131.25 ELSMORE AQUATIC SWIMMING POOL OPERATIONS UNIFORMS & CLOTHING 1,380.00 1,380.00 EXTREME BEVERAGE LLC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 300.00 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 492.00 792.00 FARMERS MILL & ELEVATOR INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 524.08 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 5 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount 524.08 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 53.00 53.00 rARMINCTON PRINTINC INC .'\DMINISTRATION OIITSIDE PRINTING 7349 BUILDING INSPECTIONS OFFICE SUPPLIES 6.92 DOWNTOWN LIQUOR REV & EXP OUTSIDE PRINTING 24.50 104.91 FARMINGTON, CITY OF COMMUNICATIONS POSTAGE .24 BUILDING INSPECTIONS TRAINING & SUBSISTANCE 40.00 POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 11.64 POLICE ADMINISTRATION MILEAGE REIMBURSEMENT 23.60 PATROL SERVICES TRAINING & SUBSISTANCE 10.46 INVESTIGATION SERVICES VEHICLE LICENSES, TAXES, FEES 2.00 NATURAL RESOURCES MILEAGE REIMBURSEMENT 13.35 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 10.77 SENIOR CENTER PROGRAMS TRAINING & SUBSISTANCE 16.68 128.74 FEDERAL EXPRESS COMMUNICATIONS POSTAGE 34.30 34.30 FINKE, ROBERT RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 176.00 176.00 FISCHER AND SONS INC, C.R. FIRE CAPITAL PROJECTS OTHER SUPPLIES & PARTS 580.00 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 1,100.00 1,680.00 FLAG HOUSE INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 64.43 64.43 FRONTIER COMMUNICATIONS COMMUNICATIONS TELEPHONE 2,654.55 POLICE ADMINISTRATION TELEPHONE 2,032.67 PATROL SERVICES TELEPHONE 67.24 ICE ARENA OPERATIONS EXPENSE TELEPHONE 54.93 DOWNTOWN LIQUOR REV & EXP TELEPHONE 116.33 PILOT KNOB LIQUOR REVENUE TELEPHONE 116.33 SEWER OPERATIONS EXPENSE TELEPHONE 549.40 SOLID WASTE OPERATIONS TELEPHONE 54.93 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 6 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount WATER UTILITY EXPENSE TELEPHONE 354.05 6,000.43 FRONTIER COMMUNICATIONS OF AME DOWNTOWN LIQUOR REV & EXP TELEPHONE 1.29 1.29 GEISE, TRACY EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 854.25 854.25 GEMPLER'S INC GENERAL FUND BALANCE SHEET MN SALES TAX DUE 53.52- PARK MAINTENANCE EQUIP SUPPLIES & PARTS 113.85 PARK MAINTENANCE OTHER SUPPLIES & PARTS 763.07 823.40 GERSTER JEWELERS GENERAL FUND BALANCE SHEET MN SALES TAX DUE 1.95- HUMAN RESOURCES OTHER 31.95 30.00 GRAINGER INC FIRE SERVICES BUILDING SUPPLIES & PARTS 97.81 97.81 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 6,525.52 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 11,147.16 17,672.68 HANCO CORPORATION PARK MAINTENANCE VEHICLE TIRES 35.23 PARK MAINTENANCE OTHER SUPPLIES & PARTS 119.17 154.40 HAWKINS INC WATER UTILITY EXPENSE CHEMICALS 13,033.47 13,033.47 HENSLEY-CHAPMAN, GRAISON SV\IIMMING POOL OPERATIONS UNIFORMS & CLOTHING 18.99 18.99 HERLOFSKY JR, PETER J ADMINISTRATION TRAINING & SUBSISTANCE 10.00 ADMINISTRATION MILEAGE REIMBURSEMENT 201.60 211.60 HERMEL INHOLESALE SV\IIMMING POOL OPERATIONS COST OF GOODS SOLD 642.24 642.24 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 7 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount HOFFMAN, PAUL RAMBLING RIVER CENTER EQUIP SUPPLIES & PARTS 100.00 100.00 HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 695.45 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,297.55 1,9Q3 nn HOLLATZ, LEE INVESTIGATION SERVICES UNIFORMS & CLOTHING 75.00 75.00 HOME DEPOT STREET MAINTENANCE SIGNS & STRIPPING MATERIALS 16.94 ICE ARENA OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 23.40 40,34 HOMES BY CHASE ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 HORIZON COMMERCIAL POOL SUPPLY SWIMMING POOL OPERATIONS EQUIP SUPPLIES & PARTS 181.53 SWIMMING POOL OPERATIONS CHEMICALS 887.89 1,069.42 HOWIE, SEAN & HOLLY GENERAL FUND REVENUES RENTAL INCOME 15.00 15.00 HYDRO-VAC INC WELL #8 PROFESSIONAL SERVICES 792.00 792.00 ICERINK SUPPLY CO ICE ARENA OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 402.55 402.55 ICMA RETIREMENT TRUST-457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,006.92 5,006.92 IKON OFFICE SOLUTIONS ADMINISTRATION EQUIPMENT REPAIR SERVICE 2,085.75 ADMINISTRATION RENTAL OF EQUIPMENT 1,743.83 3,829.58 IMAGES ON METALlNC RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 144.94 144.94 INTERSTATE BATTERY TWIN CITIES INFORMATION TECHNOLOGY VEHICLE SUPPLIES & PARTS 69.17 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 25.56 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/2006 10:31 :20 Council Check Summary Page - 8 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount 94.73 JOHNSON BROTHERS LIQUOR COM PAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 7,189.06 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 8,710.04 15,899.10 JOHNSON,THAREN RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 310,00 310.00 JONES, ELDER GENERAL FUND REVENUES BUILDING PERMITS 60.00 60.00 KAAS, NELL GENERAL FUND REVENUES RECREATION FEES - GENERAL 124.00 124.00 KATH FUEL OIL SERVICE FLEET OPERATIONS LUBRICANTS & ADDITIVES 1,016.18 1,016.18 KEEPRS INC PATROL SERVICES UNIFORMS & CLOTHING 86.21 86.21 KEYLAND HOMES ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 KRAUSE, JILL GENERAL FUND REVENUES RECREATION FEES - GENERAL 62.00 62.00 KROMER CO LLC PARK MAINTENANCE EQUIP SUPPLIES & PARTS 64.89 64.89 LANDSCAPE DEPOT MEADOVWIEW PARK OTHER SUPPLIES & PARTS 1,064.96 1,064.96 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 240.50 240.50 LE CORDON BLEU SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 172.81 172.81 L1NELL, LUKE RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 70.00 70.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 9 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount LONE OAK COMPANIES INC SEWER OPERATIONS EXPENSE POSTAGE 150.00 SOLID WASTE OPERATIONS POSTAGE 150.00 STORM WATER UTILITY OPERATIONS POSTAGE 150.00 WATER UTILITY EXPENSE POSTAGE 150.00 600.00 LUND MARTIN CONSTRUCTION INC FIRE CAPITAL PROJECTS CONTRACTS PAYABLE 11,474.00 FIRE CAPITAL PROJECTS CONSTRUCTION CONTRACTS 22,448.00 33,922.00 M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 504.78 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 789.32 1,294.10 MACQUEEN EQUIPMENT SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 218.80 SOLID WASTE OPERATIONS VEHICLES 59,591.00 59,809.80 MAHLSTEDT, BRENT RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 70.00 70.00 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,589.82 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 9,473.45 14,063.27 MAXIM TECHNOLOGIES INC. STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 410.00 410.00 MAXIMUM VOLTAGE WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 12.76 12.76 MCNAMARA CONTRACTING INC STREET MAINTENANCE STREET MATERIALS 596.95 596.95 MCNEARNEY HOMES, ROBERT ESCROW FUND DEPOSITS PAYABLE 2,000,00 2,000.00 MCNEILUS TRUCK & MFG CO SEWER OPERATIONS MN SALES TAX DUE 21.53- SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 352.72 331.19 MECHELKE, ANNE GENERAL FUND REVENUES RECREATION FEES - GENERAL 37.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 10 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount 37.00 METROCALL INC SEWER OPERATIONS EXPENSE CELLULAR PHONES 1.88 WATER UTILITY EXPENSE CELLULAR PHONES 1.88 3.76 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 29,155.50 29,155.50 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 CPV PROGRAM, STATE 0 CAPITAL ACQUISITION SUBSCRIPTIONS & DUES 500.00 500.00 MINNESOTA PIPE AND EQUIPMENT SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 49.46 WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 2,169.47 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 49.46 2,268.39 MINNESOTA ROADWAYS CO STREET MAINTENANCE STREET MATERIALS 372.75 372.75 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 1,903.31 1,903.31 MISKOWlCZ, LEWIS RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 350.00 350.00 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,314.24 1,314.24 MN CITY/COUNTY MGMT ASSOCIATIO ADMINISTRATION SUBSCRIPTIONS & DUES 100.00 100.00 MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 268.63 268.63 MONRO GOLF CAMP, DOUG RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 1,688.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 11 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount 1,688.00 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175.00 175.00 MPH INOUSTRIE:S INC CAPITAL ACQIIISITION MAr:HINFRY 8. FQIJlPMFNT 19270 192.70 MUZAK - NORTH CENTRAL DOWNTOWN lIaUOR REV & EXP PROFESSIONAL SERVICES 56.98 PILOT KNOB LIQUOR REVENUE PROFESSIONAL SERVICES 60.23 117.21 MVTLLABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 71.50 71.50 NEENAH FOUNDRY COMPANY SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 7,267.56 7,267.56 NEXTEL COMMUNICATIONS ADMINISTRATION CELLULAR PHONES 151.32 HUMAN RESOURCES CELLULAR PHONES 54.43 BUILDING INSPECTIONS CELLULAR PHONES 284.97 COMMUNITY DEVELOPMENT CELLULAR PHONES 42.92 PATROL SERVICES CELLULAR PHONES 728.65 FIRE SERVICES CELLULAR PHONES 218.56 ENGINEERING SERVICES CELLULAR PHONES 201.56 PARK MAINTENANCE CELLULAR PHONES 175.15 BUILDING MAINT SERVICES CELLULAR PHONES 144.92 RECREATION PROGRAM SERVICES CELLULAR PHONES 180.94 SENIOR CENTER PROGRAMS CELLULAR PHONES 20.57 DOWNTOWN lIaUOR REV & EXP CELLULAR PHONES 38.52 SEWER OPERATIONS EXPENSE CELLULAR PHONES 116,98 SOLID WASTE OPERATIONS CELLULAR PHONES 240.21 WATER UTILITY EXPENSE CELLULAR PHONES 116.99 FLEET OPERATIONS CELLULAR PHONES 54.43 2,771.12 NORTHERN DAKOTA COUNTY ADMINISTRATION TRAINING & SUBSISTANCE 15.00 COMMUNITY DEVELOPMENT TRAINING & SUBSISTANCE 45.00 POLICE ADMINISTRATION TRAINING & SUBSISTANCE 15.00 75.00 NORTHLAND BUSINESS SYSTEMS INC INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 30.29 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/2006 10:31 :20 Council Check Summary Page - 12 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount 30.29 NORTHLAND CHEMICAL CORP BUILDING MAl NT SERVICES CLEANING SUPPLIES 207.03 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 253.41 460.44 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 1,169.21 DOWNTOWN LIQUOR REV & EXP OFFICE SUPPLIES 36.20 PILOT KNOB LIQUOR REVENUE OFFICE SUPPLIES 36.20 1,241.61 P H FEELY & SON INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 604.07 604.07 PATCHIN MESSNER & DODD 210TH STREET EAST PROFESSIONAL SERVICES 5,576,25 5,576.25 PELLlCCI HARDWARE & RENTAL POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 187.53 FIRE SERVICES BUILDING SUPPLIES & PARTS 19.14 ENGINEERING SERVICES OTHER SUPPLIES & PARTS 19.15 STREET MAINTENANCE OTHER SUPPLIES & PARTS 14.87 NATURAL RESOURCES OTHER SUPPLIES & PARTS 7.99 PARK MAINTENANCE OTHER SUPPLIES & PARTS 155.32 BUILDING MAl NT SERVICES BUILDING SUPPLIES & PARTS 2.01 BUILDING MAl NT SERVICES CLEANING SUPPLIES 506.79 SENIOR CENTER PROGRAMS OTHER SUPPLIES & PARTS 15.93 SWIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 101.85 ICE ARENA OPERATIONS EXPENSE BUILDING REPAIR SERVICE 128.53 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 28.98 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 15.43 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 23.41 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 51.68 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 10.61 1,289.22 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,232.82 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,424.99 4,657.81 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 17,646.02 17,646.02 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/2006 10:31:20 Council Check Summary Page - 13 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount POLFUS IMPLEMENT INC. PARK MAINTENANCE EQUIP SUPPLIES & PARTS 251.34 PARK MAINTENANCE RENTAL OF EQUIPMENT 10,437.00 10,688.34 POSTMASTER WATER UTILITY EXPENSE POSTAGE 2,000.00 2 000 00 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 11,681.22 EMPLOYEE EXPENSE FUND PERA 14,332.34 26,013.56 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,030.94 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,715.10 4,746.04 R&R CLEANING CONTRACTORS INC. DOWNTOWN LIQUOR REV & EXP BUILDING REPAIR SERVICE 12.39 PILOT KNOB LIQUOR REVENUE BUILDING REPAIR SERVICE 20.53 32.92 REGINA MEDICAL GROUP FIRE SERVICES PROFESSIONAL SERVICES 2,313.00 2,313.00 REYNOLDS WELDING SUPPLY CO SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 5.61 5.61 RIVERTOWN NEWPAPER GROUP COMMUNITY DEVELOPMENT SUBSCRIPTIONS & DUES 33.00 DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 44.10 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 21.60 98.70 ROC INC FIRE SERVICES PROFESSIONAL SERVICES 216,20 BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 3,752.22 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 858.39 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 214.60 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 214.60 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 42.91 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 214,60 5,513.52 ROLAND, ROBIN GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 52.51 52.51 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 14 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount ROSEMOUNT, CITY OF FIRE SERVICES PROFESSIONAL SERVICES 75.00 75.00 ROWAN, BENJAMIN & JESSICA SEWER OPERATIONS REVENUE ENTERPRISE SALES 180.00 180.00 RUTHERFORD,GARY PATROL SERVICES TRAINING & SUBSISTANCE 54.15 54.15 SAUBER PLUMBING & HEATING CO. FIRE SERVICES BUILDING REPAIR SERVICE 134.99 134.99 SCHAUER, JILL GENERAL FUND REVENUES RECREATION FEES - GENERAL 124.00 124.00 SHARA TT, MONA GENERAL FUND REVENUES RECREATION FEES - GENERAL 62.00 62.00 SHELEY, LESLIE GENERAL FUND REVENUES RECREATION FEES - GENERAL 105.00 105.00 SPEEDWAY SUPERAMERICA LLC - 00 PATROL SERVICES FUEL 82.25 ENGINEERING SERVICES FUEL 59.89 142.14 SPRINT PATROL SERVICES CELLULAR PHONES 12.15 12.15 STAPF, JOAN SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 305.00 305.00 STREICHER'S CAPITAL ACQUISITION MACHINERY & EQUIPMENT 287.13 287.13 SWELLAND, PAUL GENERAL FUND REVENUES RECREATION FEES - GENERAL 62.00 62.00 T C CONSTRUCTION ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 TODD, KRISTINE & BRAD GENERAL FUND REVENUES RECREATION FEES - GENERAL 62.00 62.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 6/15/200610:31:20 Council Check Summary Page - 15 6/5/2006 - 6/18/2006 Vendor Business Unit Object Amount TRAMMEL, MARVIN SEWER OPERATIONS REVENUE ENTERPRISE SALES 81.75 81.75 TULLAR, JOE FIRE SERVICES BUILDING SUPPLIES & PARTS 40.45 4045 UNITED PARCEL SERVICE FIRE SERVICES POSTAGE 15.20 15.20 VERITEC INC GENERAL FUND BALANCE SHEET MN SALES TAX DUE 1.04- PATROL SERVICES UNIFORMS & CLOTHING 16.99 15.95 VERIZON IMRELESS FIRE SERVICES CELLULAR PHONES 15.41 15.41 VISU-SEWER CLEAN & SEAL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 2,773.50 2,773.50 VOGEL, ROBERT C BOARDS & COMMISSIONS PROFESSIONAL SERVICES 1,000.00 1,000.00 WACKER, MARILYN PATROL SERVICES UNIFORMS & CLOTHING 80.00 80.00 WALSH, SHANNON GENERAL FUND REVENUES RECREATION FEES - GENERAL 62.00 62.00 WELSH,SANDRA SEWER OPERATIONS REVENUE ENTERPRISE SALES 92.09 92.09 IMNE MERCHANTS PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 451.28 451.28 IMNGFOOT COMMERCIAL TIRE FIRE SERVICES VEHICLE REPAIR SERVICE 32.00 32.00 IMNTER, DAVID SEWER OPERATIONS REVENUE ENTERPRISE SALES 80.72 80.72 WYANDT, SHANE RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 500.00 R55CKSUM LOG23000VO Vendor Business Unit ZEE SERVICE COMPANY BUILDING MAINT SERVICES SODERBERG FOGARTY MCKNIGHT PRITZLAFF WILSON CITY OF FARMINGTON Council Check Summary 6/5/2006 - 6/18/2006 Object PROFESSIONAL SERVICES Report Totals 6/15/2006 10:31 :20 Page - 16 Amount 500.00 120.32 120.32 718,155.88