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08.16.21 Council Packet
CITE OF Meeting Location: FARC INGTON Farmington City Hall 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA August 16, 2021 7:00 P.M. Action Taken 1. CALL TO ORDER 7.00 P.M. 2. PLEDGE OFALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA S. ANNOUNCEMENTS I COMMENDATIONS a) Introduction of New Staff Introduced 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items.No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA a) Approve Minutes of the August 2, 2021, City Council Meeting— Administration Approved b) Approve Minutes of the August 2, 2021, City Council Work Session— Administration Approved c) Approve Change Orders Three and Four for Downtown Liquor Store Project - Administration Approved d) Approve Request to Waive Fees for 2021 Dew Day Celebration— Administration Approved e) Adopt Resolution Approving Master Joint Powers Agreements and Court Data Services Subscriber Amendments for Criminal Justice Data Network— Attorney R41-21 f) Approve a Contract for Professional Engineering Services for the Vermillion River Direct Drainage Stormwater Treatment Assessment—Public Works Approved g) Approve Amendment to Section 11-4-2(D) of the Subdivision Ordinance Regarding Private Streets—Community Development Ord 021-760 h) Approve Recommendation for Hire Liquor Operations—Human Resources Approved i) Approve Recommendation for Hire Finance—Human Resources Approved j) Approve Bills - Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTSAND COMMUNICATIONS a) Adopt Ordinances Approving Zoning Code and Zoning Map Amendments Ord 021-761 & 762 b) Adopt Resolution Approving Vita Attiva at South Creek Final Plat, Planned Unit Development and Development Contract R42-21 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Adopt Resolution Approving Special Assessments on Specific Vermillion River Crossings Properties R43-21 13. CITY COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Annual Performance Review of the City Administrator Tabled to 917121 15. ADJOURN CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Introduction of New Staff DATE: August 16, 2021 INTRODUCTION As you are aware,the city has completed the recruitment for a number of new leadership positions recently. I will take a minute at the meeting to introduce the new staff members that are in attendance at the meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Welcome to the new staff members as they start their work with the City of Farmington. CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON 651-280-6800 .f Farmington MN.gov Po TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the August 2, 2021 City Council Meeting-Administration DATE: August 16, 2021 INTRODUCTION Attached for your review are the minutes from the August 2, 2021 city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes from the August 2, 2021 city council meeting. ATTACHMENTS: Type Description ❑ Cover Memo August 2, 2021 City Council Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING AUGUST 2, 2021 1) Call to Order Mayor Hoyt called the meeting to order at 7:00 p.m. 2) Pledge of Allegiance Mayor Hoyt led those in attendance in the Pledge of Allegiance. 3) Roll Call Present-Hoyt, Bernhjelm, Pearson, Porter and Wilson Absent-None Staff Present-Administrator McKnight, Parks and Recreation Director Omlid, Police Chief Rutherford, Fire Chief Elvestad, Public Works Director Gehler, Community Development Director DiMaggio, Planning Manager Wippler, Deputy Fire Chief Price and Attorney Koch. 4) Agenda Motion by Bernhjelm, second by Porter, to approve the agenda as presented. APIF, motion carried. 5) Announcement/Commendations a) Donation from the Dakota Rice Corn and Soybean Growers Association Police Chief Rutherford shared that the Dakota Rice Corn and Soybean Growers Association has donated a set of tires to the Farmington Police Department. Matt Braun and Pat Devney from the association shared what they are doing and were happy to make this donation to their hometown police department. Motion by Porter, second by Wilson,to adopt Resolution R36-2021 accepting the donation. b) Welcome New Candidate Firefighters August 2,2021 Minutes Fire Chief Elvestad introduced the six new candidate firefighters who started their work recently with the Farmington Fire Departments c) Fire Chiefs Award of Merit Chief Elvestad presented Certificates of Merit to Quinn Compte and Ethan Runck for their efforts recently in preventing a fire from spreading in their neighborhood. 6) Citizen Comments None. 7) Consent Agenda Motion by Porter, second by Wilson, to approve the consent agenda: a) Approve Minutes of the July 19, 2021 City Council Meeting-Administration b) Adopt Resolution R37-2021 Approving a Gambling Event Permit for the Farmington Firefighters Auxiliary Association-Administration c) Approve Tobacco License for Farmington Municipal Liquors-Administration d) Accept Resignation Parks and Recreation Commission-Administration e) Accept Resignation Economic Development Authority-Administration f) Acknowledge Second Quarter 2021 New Construction Report and Population Estimate-Community Development g) Adopt Resolution R38-2021 Accepting Donation from Dakota County Lumber to the Rambling River Center-Parks h) Approve Out of State Training-Police i) Approve Out of State Training-Police j) Approve Contract with Dakota County Agriculture Society-Fire k) Approve Bills-Finance 8) Public Hearing None 9) Award of Contract None 10) Petitions, Requests and Communications August 2, 2021 Minutes a) Final Plat and Development Contract-Fairhill Estate at North Creek 5th Addition Planning Manager Wippler presented the final plat and development contract for Fairhill Estate at North Creek 5th Addition. M/I Homes of Minneapolis/St. Paul is proposing to plat 13 single-family lots within the Fairhill Estate at North Creek 5th Addition. The 13 lots are located towards the southeast corner of the development at the intersection of Clearwater Loop and Colonial Trail. The 13 single-family lots are part of the 244 overall single-family lots that were proposed with the preliminary plat for this subject property. The Fairhill Estate at North Creek 5th Addition corresponds with the preliminary plat that was approved by the Planning Commission on April 9, 2019 and the City Council on April 15, 2019. The plat is comprised of the following area summary: Block 1 Area: 1.407 acres Block 2 Area: 1.834 acres Total Outlot Area: 1.127 acres As previously mentioned the Fairhill Estate at North Creek 5th Addition final plat will consist of 13 single-family lots. The average lot size is 10,859 square feet with the largest being 14,745 square feet in size and the smallest lot being 9,247 square feet in size. Additionally, the final plat contains one outlot (Outlot A). This outlot will be future platted lots. The rights-of-way for Colonial Trail and Clearwater Loop were platted as part of the 4th Addition. Five-foot wide sidewalks will be provided on the south side of Clearwater Loop as well as on both sides of Colonial Trail. Engineering Review The Engineering Department has reviewed the Fairhill Estate at North Creek 5th Addition final plat and recommend approval upon satisfaction of all engineering comments related to the construction plans for grading and utilities as well as the applicant entering into a Development Contract with the city and all security fees and costs paid. Planning Commission Review The Planning Commission reviewed the final plat on July 13, 2021 and recommended approval with a 5-0 vote. The recommendation was contingent upon the following: August 2, 2021 Minutes 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. Development Contract Staff has prepared the standard development contract, and it is attached. The development contract spells out the requirements for development of this land including timelines to complete platting process, defining development charges, and addressing construction of the public infrastructure required to serve the development together with the associated sureties. ACTION REQUESTED By separate motions, adopt and approve the following actions: 1) Adopt the attached resolution approving the Final Plat for Fairhill Estate at North Creek 5th Addition subject to the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. 2) Adopt the attached Development Contract and authorize its execution contingent upon final edits by city staff and legal review. Councilmember Wilson asked if park dedication requirements were taken care of. Wippler stated that they were in the first addition. Motion by Porter,second by Bernhjelm,to adopt Resolution R39-2021 approving the final plat for Fairhill Estate at North Creek 5th Addition subject to the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A development contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. APIF, motion carried. August 2, 2021 Minutes Motion by Wilson,second by Bernhjelm,to approve the development contract and authorize its execution contingent upon final edits by city staff and legal review. APIF, motion carried. b) Preliminary Plat and PUD-Rivers Edge Planning Manger Wippler presented the preliminary plat and PUD for River's Edge. Hunter Homes, LLC has submitted applications for Preliminary Plat and Planned Unit Development for the River's Edge development. The subject property is 75.8 acres in size and is located at the northwest intersection of Denmark (County Road 31) and 220th Street W south of Spruce Street. The existing use of the property consists of cultivated farmland along with floodplain / open space on the northern portion of the site. Additionally, the site is encumbered with four (4) natural gas pipelines that travel north and south through the center of the property. As shown on the preliminary plat (attached), the developer is proposing 276 townhome lots spread over the 75.8 acres. The density as proposed is at 6.7 units/acre (this calculation excludes the area of the subject property that is guided as Park/Open Space within the city's comprehensive plan). The property is zoned R-3 (Medium Density Residential) and allows for 6-12 units per acre. The preliminary plat also includes 57 outlots. These outlots consist of a combination of private streets, stormwater facilities, open space and floodplain/wetlands. The proposed standards for the development are: Front setback (public ROW or private road): 25 feet Side corner setback: 15 feet (required 25 per code) Setback between structures: 20 feet (10 foot side yard setback required) Rear yard setback: 10 feet Maximum lot coverage: 30% Maximum building height: 45 feet Access and Transportation Two accesses are shown with the preliminary plat. One off of Denmark Avenue towards the center of the development and one off of 220th Street W at the south end of the development. The access off 220th Street does not meet the County's spacing guidelines however; the County will allow it with the understanding that this access will likely become a restricted access (right in, right-out) in the future when development occurs to the adjacent property to the west. There are three public streets proposed with this preliminary plat (Streets A, B and Q. Street A is an east/west residential collector that connects into Denmark Avenue and provides one of two future accesses to the adjoining August 2, 2021 Minutes property to the west. The right-of-way for Street A is shown as 70 feet with a road width of 40.92 as measured back of curb to back of curb. Streets B and C are public local streets with rights-of-way of 60 feet and road widths of 34.92 feet back of curb to back of curb. Street B is the main north/south road within the development and provides access to 220th Street W. Street C is located on the west side of the development and will provide a second access to the adjacent land to the west. The remaining drives identified on the preliminary plat will be private streets contained within outlots. The current preliminary plat show the width of the private streets being 24 feet. City standards require a minimum 26-foot wide roadway for private streets. A condition of approval will be to modify the widths of the private streets to meet the city standard of 26 feet in width. Currently, per city code, private streets are only allowed in the R-2, R-T, and R-D zoning districts as part of a Planned Unit Development. This property is zoned R-3 which currently does not allow for private streets. Staff will be proposing to amend the city code to allow private streets within the R-3 zone only, instead of the R-2, R-T and R-D districts as historically it is within townhome districts where private roads are located, not within single-family developments. Please note that approval of a final plat could not take place until after this amendment is approved by the City Council. Sidewalks are shown on the south side of Street A, west side of Street B, and east side of Street C. An 8-foot wide bituminous trail will need to be provided along 220th Street W and Denmark Avenue as well as along the south side of the City's fire station. This will be a condition of approval of the preliminary plat. The proposed development is adjacent to county roads, Denmark Avenue(CSAH 31)and 220th Street W (future county road) and is therefore subject to the County's contiguous plat ordinance. The County's Plat Commission reviewed the preliminary plat on June 23, 2021. Based on the Plat Commission's review additional right-of-way will be required for both Denmark Avenue and 220th Street W. The preliminary plat shows 50 feet of half right-of-way along Denmark Avenue and will require an additional 10 feet of dedication. 220th Street W shows 50 feet of right-of-way and will require 25 feet of additional right-of-way. Parks A 1.6-acre park is located near the northwest corner of the development. The Existing and Proposed Park,Trail and Open Space Plan within the city's 2040 Comprehensive Plan has identified a neighborhood park at this location. Planned Unit Development August 2,2021 Minutes This development is being proposed as a Planned Unit Development in large part due to the use of private streets within the development. A deviation that will be addressed through the PUD will be the side corner setback requirement. Code requires a 25-foot side yard setback on a corner; the developer is proposing 15 feet. Planning Commission Review The Planning Commission reviewed the preliminary plat and planned unit development at their regular meeting on July 13, 2021 and held a public hearing on the applications. Upon closing the public hearing, the Planning Commission voted 5-0 to recommend approval of the preliminary plat and planned unit development to the City Council. Future Final Plat Staff has been recently informed by the developer that the future final plat for this development will have a reduced number of units. The final plat will show 259 units versus the 276 that are represented in this preliminary plat. The change will be a result of product style change. Additionally this will require some minor modifications to the outlots for the private streets. This change came late in the review process and could not be reflected within this preliminary plat (please see attached concept plan 8). Staff is comfortable with having these changes be made with the final plat as the overall layout of the preliminary plat will not be substantially modified. ACTION REQUESTED Adopt the attached resolution approving the preliminary plat and planned unit development for the River's Edge development contingent upon the following: 1. The construction drawings need to incorporate the trails that were approved with the PUD concept plan, including, but not limited to, 8-foot wide trails along the north side of 220th Street W,the west of Denmark Avenue and along the south side of the city's Fire Station. Review and approval should follow the original 120 day review period which ends on 9/11/21 2. The plan sets needs to be revised to incorporate site circulation changes including turn arounds at the end of dead-end private roads prior to consideration of a Grading Authorization. 3. The construction drawings need to be updated to address all grading and drainage concerns. 4. The city's private road ordinance will need to be updated to allow for the private roads as proposed prior to final plat submission. August 2, 2021 Minutes 5. The private street widths be increased from 24 feet to 26 feet in accordance with city standards. 6. The plat be modified to show the additional right-of-way required by Dakota County for Denmark Avenue and 220th Street W. Councilmember Bernhjelm asked when the private street ordinance would be brought forward. Wippler stated the goal is to have it at the next meeting. Councilmember Wilson expressed concern about the number of contingencies. Wilson asked if the Dakota County Plat Commission had any concerns. Wippler stated they were okay with the exception of the need for more right-of-way. Wilson asked about turn lanes and a concern about kids crossing Denmark Avenue to get to the middle school. Wippler stated we continue to work with the county and the school district on these issues. Mayor Hoyt shared the concern for kids crossing Denmark Avenue and that this issue should be addressed prior to residents living in this area. Motion by Bernhjelm,second by Pearson,to adopt Resolution R40-2021 approving the preliminary plat and planned unit development for the River's Edge development contingent upon the following: 1. The construction drawings need to incorporate the trails that were approved with the PUD concept plan, including, but not limited to, eight foot wide trails along the north side of 2201h Street West,the west side of Denmark Avenue and along the south side of city's fire station. Review and approval should follow the original 120 day review period which ends on 9/11/2021. 2. The plan sets need to be revised to incorporate site circulation changes including turn arounds at the end of dead-end private roads prior to consideration of grading authorization. 3. The construction drawings need to be updated to address all grading and drainage concerns. 4. The city's private road ordinance will need to be updated to allow for the private roads as proposed prior to final plat submission. 5. The private street widths be increased from 24 feet to 26 feet in accordance with city standards. 6. The plat be modified to show the additional right-of-way required by Dakota County for Denmark Avenue and 220th Street West. Voting Yes-Hoyt, Bernhjelm, Pearson and Porter. Voting No-Wilson. Motion carried. 11) Unfinished Business None August 2,2021 Minutes 12) New Business None 13) City Council Roundtable Bernhjelm-Shared she was excited about National Night Out. Pearson-Thanked Ben for selling lemonade to benefit the Farmington Police K9 Program. Porter-Shared she was proud of the Farmington Fire Department and looks forward to National Night Out. Wilson-Offered kudos to the fire department for all of their events lately and thanked city staff for their work. McKnight-Shared that that the new downtown liquor store location will open the week of August 16tH Watch city social media accounts for details. Omlid-Thanked the sponsors of two recent parks and recreation events. Shared that the city will be conducting a ribbon cutting for Distad Park and Greenway on August 28,2021 at 10:30 a.m. DiMaggio-Thanked staff for all of their work associated with the new construction that is taking place in the city. Rutherford-Looks forward to National Night Out and thanked Ben for the work at his lemonade stand. Elvestad-The department continues their work on the Zero 21 fire prevention campaign. Koch-Shared that today was the first day that courts were back open in person for jury trials. Hoyt- 13. Adjourn Motion by P,second by W,to adjourn the meeting at 7: p.m. APIF, motion carried. Respectfully Submitted 'Das-a Y "C'KftV& David McKnight, City Administrator August 2,2021 Minutes - CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the August 2, 2021 City Council Work Session-Administration DATE: August 16, 2021 INTRODUCTION Attached for your review are the minutes of the August 2, 2021 city council work session. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes of the August 2, 2021 city council work session. ATTACHMENTS: Type Description D Cover Memo Work Session Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES WORK SESSION AUGUST 2,2021 Call to Order Mayor Hoyt called the work session to order at 5:00 p.m. Roll Call Present-Hoyt, Bernhjelm, Pearson, Porter and Wilson Absent-None Also Present-Administrator McKnight, Parks and Recreation Director Omlid, Public Works Director Gehler and Community Development Director DiMaggio. Agenda Motion by Bernhjelm,second by Wilson,to approve the agenda as presented.APIF, motion carried. City Council Teamwork and Communication Administrator McKnight shared that a few city councilmembers have asked to place the topic of teamwork and communication on the agenda for continued discussion. Councilmember Wilson shared his disappointment with the city council that stemmed from the discussion at the June 21, 2021 city council work session. The city council discussed both proclamations in general and a specific request for a Juneteenth proclamation from a resident. The city council engaged in a discussion on what was discussed at the work session, how communication has declined since the June meeting, potential comments made by members and the frustration that has resulted over the past two months, how communication can improve, how issues can be handled between members and how to move forward. Draft 2022/2023 Budget Administrator McKnight discussed the draft 2022/2023 budget with the city council. The first draft of the 2022/2023 city budget included a General Fund budget of$15.8 million, $3.5 million in revenues, a fiscal disparities number kept at the 2021 amount and a debt service budget of$2.26 million dollars. The draft tax levy included an 8.99% increase over the 2021 tax levy. The city council discussed the first draft in detail at the July 2021 work session. While not unanimous,the city council direction at that time was overall support for the budget and tax levy where it stands but to ask staff to adjust the budget to have the increased revenues dedicated towards projects that residents would be able to see in 2022. To either dedicate additional dollars to city council priorities for 2022 and/or reduce the draft tax levy for 2022 from where it stands today, two substantial revenue sources and one potential substantial budget reduction have been identified. • The use of$130,000 in 2020 liquor store profits can be incorporated into the budget. (This is a potential one-time revenue) • The use of$140,000 in dollars received from the Hy-Vee agreement can be incorporated into the budget. (This is a potential one-time revenue) • The General Fund fleet transfer can be reduced by$100,000. For the sake of discussion and to start the conversation with the city council, I would propose the following changes to the first draft of the 2022/2023 budget- • Add the $130,000 of liquor store profits to the General Fund revenue line item to reduce the draft 2022 tax levy to a 7.83% increase over 2021. • Add the $140,000 in Hy-Vee dollars to the General Fund and target that same amount of expenditures for increase trail maintenance to occur in 2022. • Transfer$100,000 from the General Fund Transfers (vehicles) line item to be used for two purposes. Of that amount, $50,000 can be used for additional trail maintenance in 2022 and $50,000 be set aside for the future fire engine replacement program that was discussed at the July work session. None of the budget changes proposed above are targeted for additional street maintenance at this time due to the number of state/county/city street projects that are scheduled for 2022 at this point including- • Roundabout project at Highway 3 and County Road 66 • Mill and overlay project on Akin Road Reconstruction of Spruce Street and Division Streets As a reminder, the draft budget already includes increases in funding for the following priorities set by the city county for 2021/2022- • Mill and Overlay Projects $318,792 (Tax Levy) • Trail Maintenance $65,000 (Tax Levy) • Trail Maintenance $20,000 (Local Government Aid) • Building Maintenance $29,801 (Local Government Aid) • Assistant City Administrator Position $150,000 (Tax Levy) Councilmember Pearson asked about the Hy-Vee dollars. McKnight clarified that the actual dollar amount is approximately$290,000 due to interest being added and the way assessments are collected in Dakota County. Pearson would still like to see the lax levy increase around 5%. Councilmember Bernhjelm was in support of the proposed plan. Councilmember Wilson asked about the $130,000 in liquor profits and supported these dollars going to Parks and Recreation projects/CIP needs. He also support more funding for the future fire engine replacement. Councilmember Porter asked about the Hy-Vee dollars what would happen if they approached the city about building a store next year. McKnight stated that everything would be on the table for discussion. Mayor Hoyt expressed caution about planning for the use of dollars we have not received yet in terms of the Hy-Vee assessment. Councilmember Porter asked how we decide which trails are fixed each year. Public Works Director Gehler shared the approach that staff takes in prioritizing the trails in the worst condition. City Council Priorities Update Administrator McKnight discussed the issue of the 2021/2022 city council priorities,specifically the item of meeting with all of the major landowners. Community Development Director DiMaggio stated she is about to send a communication to the major landowners introducing herself and would be happy to coordinate the meetings based off the communications that will be sent. The city council was in support of this approach and staff will coordinate city councilmember attendance as a part of these meetings. City Administrator Update Administrator McKnight updated the city council on the following items: New Liquor Store McKnight stated that the new store buildout is nearing completion and staff will start to move product into the store at the end of this week once a temporary certificate of occupancy is obtained. The estimated opening date is Monday,August 16, 2021. Board and Commission Openings McKnight shared that we have received resignations from one Parks and Recreation Commission member and one EDA member. The city council directed staff to post the Parks and Recreation Commission due to the workload this commission currently has. Community Development Director DiMaggio shared with the city council the issues staff has encountered with the EDA since she started with the city. The city council discussed the role and structure of the EDA and directed staff to work with the city attorney about the possibility of changing the structure of the EDA makeup to include all five city councilmembers. Adjourn Motion by Porter,second by Bernhjelm,to adjourn the meeting at 6:33 p.m. APIF, motion carried. CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 ul FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Change Orders Three and Four for Downtown Liquor Store Project- Administration DATE: August 16, 2021 INTRODUCTION Attached for your review are the third and fourth change orders in regards to the downtown liquor store relocation project. As you are aware, the city council made the decision to move the downtown liquor store from the former Elm Street location to the new location at the Farmington Mall. DISCUSSION The relocation of the downtown liquor store included the renovation of the new location in the Farmington Mall. The renovation involved transforming an outdated 1970's space into a modern commercial location. The site renovation has gone relatively smooth and the new location looks great. We have encountered the need for approval of two change orders to bring the project to completion. Both of the change orders have a net zero impact on the project budget. 1. Change Order#3-This change order covers a variety of changes including a new door and mirror, cooler updates, new thermostats and electrical work. These additions are offset by reductions in the cost of carpentry, lumber, sealants, a door and the use of contingency funds. The net impact on the project budget is $0. 2. Changer Order#4-This changer order includes the rewiring of cooler door lights and the installation of LED light bulbs. The cost is offset by the use of contingency funds. The net impact on the project budget is $0. These should be the final change orders for the project. BUDGET IMPACT The two change orders have a net impact on the project budget of$0. ACTION REQUESTED Ask any questions you may have on the two change orders. Once the city council is comfortable, a motion should be made to authorize the city administrator to sign the two changer orders associated with the downtown liquor store renovation project. ATTACHMENTS: Type Description a Cover Memo Changer Orders#3 and#4 CHANGE Distribution to: ORDER OWNER ARCHITEC•I• ❑ CONTRACTOR PROJECT: Farmington Liquor Store CHANGE ORDER NUMBER: A/ 923 8"Street Suite 945 Farmington,MN 55024 INITIATION DATE: August 2,2021 TO(Contractor): CONTRACT DATE:April 16,2021 APPRO Development,Inc. 21476 Grenada Avenue Lakeville,MN 55044 You are directed to make the following changes in this Contract: . Increase Cost Code: 10-2800—New Mirror and DoorAdd $ 120.00 ---------•-•----------------------------------------------------------------------- ($120.00 Material,$0.00 Labor) 2. Increase Cost Code: 13-3000—Install 1 coil,2 defrost timers,2 thermostats,and update cooler refrigerant_____________Add $ 1,385.00 ($0.00 Material,$1,385.00 Labor) 3. Increase Cost Code: 13-3000—Furnish and install I compressor and 2 fan blades in beer cooler condensing unitAdd $ 2,367.69 ($1,919.69 Material,$448.00 Labor) 4. Increase Cost Code:23-0500—Provide 2 new thermostatsAdd $ 300.00 ..... -------••----•---•..................................................... ($300.00 Material,$0.00 Labor) 5. Increase Cost Code:26-0500—New Liquor Store Sign with time clock,outlets on switch,(4)4plex outlets........ Add $ 825.00 ($412.00 Material,$413.00 Labor) Sub-bid Credits 6. Decrease Cost Code:6-1000 Rough Carpentry_...........................................................................................Deduct ($ 1,500.00) 7. Decrease Cost Code:6-1116 Lumber......... ......... ......... ........ .................. .__..__- _________ ___.__ _________Deduct ($ 750.00) 8. Decrease Cost Code:7-9200 Sealants&Caulking_--------------------------- ------- _________ _-______ _____-__- -------_------Deduct ($ 1,000.00) 9. Decrease Cost Code:8-3200 Sliding Glass Doors____ _________ _________ _________ _________ ________• ______„_ _________ ____ Deduct ($ 0.04) 10. Decrease Cost Code:26-0500 Electrical________________ _________ ___ ______ • ..______• ________ _________ _________ ______________.Deduct ($ 200.00) Il. Decrease Cost Code:49-1000 Contingency _________ _________ _________ _________ _________ _________ _________ ________________Deduct ($ 1,547.65) Total Change Order#4— Add $ 0.00 Pendine Items: *Final design considerations/costs *Final costs with sub-bid credits Not valid until signed by both the Owner and Contractor. Signature of the Contractor indicates his agreement herewith,including and adjustment in the Contract Sum or Contract Time The original(Contract Sum)( )was...-..-----•----------.................... ................................................ 282,863.15 Net change by previously authorized Change Orders.......................... --------------------- .................................................$ 27,528.85 The(Contract Sum)( )prior to this Change Order was..................................................................$ 310,392.00 The(Contract Sum)( )will be (increased)(deefeased)(unehanged)by this Change Order________________________________ ________.$ 0.00 The new(Contract Sum)( )including this Change Order will be____________________ ____..._______________-_$ 310,392.00 The Contract Time will be(increased)(decreased)(unchanged)by ( 0 )Days. The Date of Substantial Completion as of the date of this Change Order therefore is unchanged Authorized: APPRO Development,Inc. City of Farmington ARCHITECT CONTRACTOR OWNER 21476 Grenada Avenue 430 3rd Street Address Address Address Lakeville,MN 55044 Farmington,MN 55024 City.State,Zip BY BY BY DATE DATE DATE CHANGE Distribution to: ORDER OWNER ARCHITEC'I' El PROJECT: Farmington Liquor Store _ CHANGE ORDER NUMBER: 923 8`h Street Suite 945 Farmington,MN 55024 INITIATION DATE: August 2,2021 TO(Contractor): CONTRACT DATE:April 16,2021 APPRO Development,Inc. 21476 Grenada Avenue Lakeville,MN 55044 You are directed to make the following changes in this Contract 1. Increase Cost Code:26-0500—Rewire cooler door lights and install 16 LED light bulbs,recycle old lamps.---......--Add $ 2,256.00 ($1,128.00 Material,$1,128.00 Labor) 2. Decrease Cost Code:49-1000—Contingency...........................................-.................................................Deduct ($ 2,256.00) Total Change Order#5— Add $ 0.00 Pendine Items: * Final design considerations/costs * Final costs with sub-bid credits Not valid until signed by both the Owner and Contractor. Signature of the Contractor indicates his agreement herewith,including and adjustment in the Contract Sum or Contract Time The original(Contract Sum)( )was _---.___•.....--.--•$ 282,863.15 Net change by previously authorized Change Orders .......................$ 27,528.85 The(Contract Sum)( )prior to this Change Order was -.$ 310,392.00 The(Contract Sum)( )will be (increased)(wed)(unehanged)by this Change Order...................... ------------------••--- ...-------------•---.... ........$ 0.00 The new(Contract Sum)( )including this Change Order will be.....................................................$ 310,392.00 The Contract Time will be(+nsreased)(deer-eased)(unchanged)by ( 0 )Days. The Date of Substantial Completion as of the date of this Change Order therefore is unchanged Authorized: APPRO Development,Inc. City of Farmington ARCHITECT CONMCTOR OWNER 21476 Grenada Avenue 4303 d Street AddrYs Address Address Lakeville,MN 55044 Farmington.MN 55024 City,Statc,Zip BY BY BY DATE DATE DATE CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Lena Larson, Municipal Services Coordinator SUBJECT: Approve Request to Waive Fees for 2021 Dew Day Celebration-Administration DATE: August 16, 2021 INTRODUCTION Due to the pandemic,the 2021 Dew Days celebration has been condensed into one day and moved from June to September 18, 2021. Permits and fees would normally be required for events related to the 2021 Dew Days celebration. DISCUSSION The Dew Days Committee is requesting that the City Council waive the fees for the permits and fees required for the Dew Days celebration. The city council has approved the waiver of fees in past years. BUDGET IMPACT Exhibition Temporary Outdoor(Ord 3-17-4)2021 Fee @$50.00 Each Name of Event Location of Event Fee Dew Days activities Rambling River Center parking lot$ 50.00 City Facility 2021 Rental Fees Name of Event Location Fee Beverage Garden Rambling River Center Garage$260.00 Garbage&Recycling collection Fees 20 temporary 60-90 gallon carts collected once$145.00 4 temporary 300 gallon carts collected once$135.00 Recycling services per contractor$350.00 Total Amount of Fees Waived for 2021 Dew Days Celebration$940.00 These fees for the Dew Days celebration were not budgeted as revenue in the City's 2021 budget. ACTION REQUESTED Approve the request to waive fees for the 2021 Dew Day celebration and authorize the city administrator to consider waiving any additional fees that may come up in the course of event planning. CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 E FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Henry Schaeffer, 111, City Attorney SUBJECT: Adopt Resolution Approving Master Joint Powers Agreements and Court Data Services Subscriber Amendments for Criminal Justice Data Network-Attorney DATE: August 16, 2021 INTRODUCTION The attached agreements pertain to the city's access to criminal justice data over the state's criminal justice data communications network. DISCUSSION The BCA has notified the city attorney's office that the city's Master Joint Powers Agreement and the Court Data Services Subscriber Amendment will be expiring soon. Attached are agreements for the Police Department and the prosecuting attorney for your approval. BUDGET IMPACT The costs referenced in the resolution, as well as paragraph 3 of the Joint Powers Agreement and paragraph 13 of the Courts Amendment are billed directly to Campbell Knutson. There is a $150 per quarter fee for the attorney's access to BCA data on behalf of the city. This prosecution cost is billed back to the city, however, it is equally divided between all ten cities for which we prosecute,for a total of $60/year for the City of Farmington. ACTION REQUESTED Adopt the attached resolution approving the Master Joint Powers Agreements and the Court Data Services Subscriber Amendments for the Police Department and the prosecuting attorney. ATTACHMENTS: Type Description ❑ Resolution Resolution ❑ Contract JPA Police Department ❑ Contract Subscriber Amendment Police Department ❑ Contract JPA Prosecuting Attorney ❑ Contract Subscriber Amendment Prosecuting Attorney RESOLUTION NO. R41 -21 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF FARMINGTON ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT 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 16th day of August 2021 at 7:00 p.m. Members Present: Hoyt, Bernhj elm, Pearson, Wilson Members Absent: Porter Member Bernhj elm and Member Pearson introduced and seconded the following: WHEREAS, the City of Farmington on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Farmington on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Chief of Police, Gary Rutherford, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That City Attorney, Henry A. Schaeffer, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Joshua Hoyt, the Mayor for the City of Farmington, and David McKnight, the City Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 16th day of Auq„gt- 12021. CITY OF FARMINGTON Jos a Hoyt, May Attested to the 16"-'4 day of August 2021. David McKnight, City ' istrator SWIFT Contract#195897 MN019099A itIII State of Minnesota Joint Powers Agreement MimmeSOTA This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Farmington of behalf of its Prosecuting Attorney ("Governmental Unit").The BCA and the Governmental Unit may be referred to jointly as"Parties." Recitals Under Minn. Stat. §471.59,the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn.Stat. § 299C.46,the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date.This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network(CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA's systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit's computer exchanges data and information with BCA's computer systems and tools using an interface.Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Governmental Unit will select a 1 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195897 MN019099A method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR§20.30-38 and Minn.Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security,timeliness,training, use of the system,and validation. Governmental Unit has created its own policies to ensure that Governmental Unit's employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement.These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources.To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/coisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements.This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information.The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change.This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor.Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record.The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Governmental Unit conducted a 2 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195897 M N 019099A particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Governmental Unit's method of access is a computer-to-computer interface as described in Clause 2.2C,the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date,time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference.These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above.The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2, below),fees (see Clause 3 below), and transaction records or logs,that govern Governmental Unit's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening.The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CAS Security Policy.The BCA will maintain records of the federal,fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is the person below, or her successor: Name: Dana Gotz' Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue 3 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195897 M N019099A Saint Paul, MN 55106 Telephone: 651.793.2007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit's Authorized Representative is the person below, or his/her successor: Name: Henry Schaeffer, Attorney Address: Grand Oak Office Center 1 860 Blue Gentian Rd, Ste 290 Eagan, MN 55121 Telephone: 651.234.6214 Email Address: hschaeffer@ck-law.com 5 Assignment,Amendments,Waiver,and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete.This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch.466 and other applicable laws,governs the Governmental Unit's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this Agreement. Under Minn.Stat. § 6.551,the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA.The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Governmental Unit's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases,the Governmental Unit's records are subject to examination by the FBI and BCA;the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases,the Governmental Unit's records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 4 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195897 MN019099A 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit.The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn.Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement.The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via RCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn.Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations;Sanctions For purposes of this clause, "Individual User" means an employee or contractor of Governmental Unit. 9.1 Investigation.The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation,subject to any restrictions in applicable law.When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Governmental Unit and BCA's determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's failure is continuing or repeated,Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 5 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195897 M N019099A 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit.As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination.The BCA or the Governmental Unit may terminate this Agreement at any time,with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written notice to the other party's authorized representative.The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability;Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK 6 DPS/BCA CJDN JPA—March 2021 DocuSign Envelope ID:3B52A449-720A-41C9-B11A-F460B206F20D SWIFT Contract#195897 MN019099A The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION I �� Dana L Gotz Name: h f �� Name: =DocuSignedby: Signed: Signed: LOBA9413DA85744EB l Deputy Superintendent Title: �i z f Title: (with dele ted authority) (with delegated authority) 8/17/2021 Date: Date: � I 3. SS p ,"' ADMINISTRATION As del gaA�d t0the tiAu of State Procurement Name: <LVy�-YCtf C1GtNlit� Cl (PRINTED) By: aAB4CCB119DAa13.. 00,r �I 8/17/2021 ► f. Date: Signed: A 72825 Title: ei �4 �ri�//�7ihiS To^ct'hOT (with dele'96ted authority) Date: = i I E 7 DPS/BCA CJDN JPA—March 2021 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Farmington on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 195897, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement")between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. a. "Authorized Court Data Services"means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an 1 Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices"means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies &Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. f. "Rules of Public Access"means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to 2 Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists,and tables will be posted on the Minnesota Judicial Branch website,for which the current address is www.courts.state.mn.us. g. "Court"shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3,above,and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment,Policies&Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 3 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action,whether by instruction,agreement,or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That,without limiting section 1 of this Subscriber Amendment,the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof,the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. 4 a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas,procedures,processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and"Odyssey." d. Restrictions on Duplication,Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases,or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not,however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright,trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof,made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made 5 available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or(2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability,Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 6 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs,the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency,or bureau of the state of Minnesota,Subscriber shall pay the fees,if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10)days after notice of approval of the request pursuant to section 3 of this Subscriber 7 Amendment or upon the initial Subscriber transaction as defined in the Policies&Notices,whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT,COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS,AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies &Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two(72)hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 8 DocuSign Envelope ID:3B52A449-720A-41 C9-1311A-F46013206F20D 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed,to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. , Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER(AGENCY) Z. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of Dana L Gotz authority to sign on behalf of and bind the entity, Mame: __ DocuSigned by: such as an opinion of counsel or resolution. — ('' 1�1�� Name: -Te)5 4cc W., Signed: —BA9413DA85744E B Deputy Superintendent Signed: Title: (with delegated authority) 8/17/2021 Title: r Date: 9 DocuSign Envelope ID:3B52A449-720A-41 C9-1311A-F460B206F20D i (with delegated authority) Date:_ ��ct�j�G /�. �$��2� 3. COMMISSIONER OF ADMINISTRATION delegat m' 'I91"f1sOManagement Division Ru By AA-Q—CQiia 1AAVA Name:—Oct I,) 1`'f e 1f3iirJ li'7'' 8/17/2021 (PRINTED) Date: I Signed: 4. COURTS J Authority granted to Bureau of Criminal Apprehension Title: �iy tY«„r,is{,"cittr 7udith M. Strobel (with delegated authority) Name: 000�s 9�ea by: At, Sfrkt Date: Z'_. 01 ne Si d: 1wDulw g 787F9E368D454E4... senior Legal Analyst Title: (with authorized authority) 8/17/2021 Date: 4 4 ii t I 3 10 I SWIFT Contract#195893 MN0190200 win State of Minnesota Joint Powers Agreement mimmeSOTA This Agreement is between the State of Minnesota,acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Farmington of behalf of its Police Department ("Governmental Unit").The BCA and the Governmental Unit may be referred to jointly as"Parties." Recitals Under Minn. Stat. §471.59,the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn.Stat. § 299C.46,the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. §299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date.This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date.This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network(CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA's systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit's computer exchanges data and information with BCA's computer systems and tools using an interface.Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Governmental Unit will select a 1 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195893 MN0190200 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security,timeliness,training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit's employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement.These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time,are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources.To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/defauIt.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/ciisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements.This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information.The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change.This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor.Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk 6Dstate.mn.us. 2.11 Transaction Record.The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Governmental Unit conducted a 2 DPS/BCA CJDN PA—March 2021 SWIFT Contract#195893 M N0190200 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.26, BCA's transaction record meets FBI-CJIS requirements. When Governmental Unit's method of access is a computer-to-computer interface as described in Clause 2.2C,the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date,time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference.These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above.The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2, below),fees (see Clause 3 below), and transaction records or logs,that govern Governmental Unit's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening.The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CAS Security Policy.The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. The bills are sent quarterly for the amount of Two Hundred Seventy Dollars($270.00) or a total annual cost of One Thousand Eighty Dollars ($1,080.00). The Governmental Unit will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue Saint Paul, MN 55106 3 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195893 M N 0190200 Telephone: 651.793.1007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit's Authorized Representative is the person below, or his/her successor: Name: Gary Rutherford, Chief Address: 19500 Municipal Dr Farmington, MN 55027 Telephone: 651.280.6700 Email Address: Rrutherford@farmingtommn.gov 5 Assignment,Amendments,Waiver,and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete.This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement,whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act, Minn.Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn.Stat. Ch.466 and other applicable laws,governs the Governmental Unit's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551,the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA.The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Governmental Unit's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use,and dissemination of data. 7.3 If the Governmental Unit accesses federal databases,the Governmental Unit's records are subject to examination by the FBI and BCA;the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases,the Governmental Unit's records are subject to examination by the BCA:the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 4 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195893 M N0190200 8 Government Data Practices 8.1 BCA and Governmental Unit.The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement.The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations;Sanctions For purposes of this clause, "Individual User" means an employee or contractor of Governmental Unit. 9.1 Investigation.The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation,subject to any restrictions in applicable law.When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Governmental Unit and BCA's determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit.As part of the agreement between the Court and 5 DPS/BCA CJDN JPA—March 2021 SWIFT Contract#195893 M N 0190200 the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions.of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination.The BCA or the Governmental Unit may terminate this Agreement at any time,with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written notice to the other party's authorized representative.The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK 6 DPS/BCA CJDN JPA—March 2021 DocuSign Envelope ID:41 BOD720-FE35-446E-964C-7A367F385279 SWIFT Contract#195893 MNO19O20O The Parties indicate their agreement and authority to execute this Agreement by signing below. i 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION / Dana L. Gotz Name: _ Name: D�oc�ups�i9nea by: Au P IrUE�i�0 ,,) Signed: Signed: ansa�sonas7aaes... ,tom Deputy Superintendent ! Title: ' `t���' Title: (with delegated authority) (with delegated authority) -p 8/17/2021 Date: �L:�c:t� �r C�.�ZI Date: r /1 }� 3. L1A 1� %IF ADMINISTRATION 4/cty}C/ 1,4 h 2Lj f As der e eg ed tpi hWAU of State Procurement Name: AA4 l'� (PRINTED) By: anaeccattonnalt ` 8/17/2021 Date: Signed:C)X-- ,/ 72824 Title: �i "r4 ✓Y�iiivi%S'7i^c� ol (with delegated authority) Date: /./ aoa l i 1 i i a I I 7 f DPS/BCA CJDN JPA—March 2021 I COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (`BCA") and the City of Farmington on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 195893, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement")between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. a. "Authorized Court Data Services"means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an 1 Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement")between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices"means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies &Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. f. "Rules of Public Access"means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to 2 Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists,and tables will be posted on the Minnesota Judicial Branch website,for which the current address is www.courts.state.mn.us. g. "Court"shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3,above,and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment,Policies&Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 3 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action,whether by instruction,agreement,or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That,without limiting section 1 of this Subscriber Amendment,the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. 4 a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas,procedures,processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals,user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks"MNCIS" and"Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases,or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not,however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright,trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof,made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases,or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made 5 available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or(2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability,Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 6 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs,or to promptly provide access by the Court to such logs,the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2)Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency,or bureau of the state of Minnesota, Subscriber shall pay the fees,if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10)days after notice of approval of the request pursuant to section 3 of this Subscriber 7 Amendment or upon the initial Subscriber transaction as defined in the Policies&Notices,whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section I hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT,COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS,AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies&Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two(72)hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 8 DocuSign Envelope ID:41BOD720-FE35-446E-964C-7A367F385279 19. FORCE MAJE URE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed,to the extent possible,so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged,acquired or consolidated. 22. GOVERNING LAW, This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of Dana t- Gotz authority to sign on behalf of and bind the entity, Name: DocuSigned by: such as an opinion of counsel or resolution. (PFtN� ►� aoty BA9413DA85744EB... Name: Jos crc Signed: Signed: 'Title: Deputy superintendent (with delegated authority) 8/17/2021 Title: /t'1g44 64 Date: --- 9 DocuSign Envelope ID:41BOD720-FE35-446E-964C-7A367F385279 (with delegated authority) Date: .�,,c /�_ aJ 3. COMMI��gSgSIbONER OF ADMINISTRATION deleg ed o BTCCIdIs.� lanagement Division By: 4AB4CCB119DA413... Name: ��ev i e/ cknSc�617 8/17/2021 (PRINTED) Date: Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Judith M. Strobel Title: (with de gated authority) Name: LP)TIDo nedb : c 602IFV Date: �'(• �tYDLet - � Signed: 787F9E368D454E4... senior Legal Analyst Title: (with authorized authority) 8/17/2021 Date: i i i 10 CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 i FarmingtonMN,gov TO: Mayor, Councilmembers and City Administrator FROM: Matt Decur, Assistant City Engineer SUBJECT: Approve a Contract for Professional Engineering Services for the Vermillion River Direct Drainage Stormwater Treatment Assessment-Public Works DATE: August 16, 2021 INTRODUCTION I n April 2021,the city council approved a joint powers agreement(JPA)with the Vermillion River Watershed Joint Powers Organization (VRWJPO)to fund an assessment that will identify potential stormwater treatment projects in the City of Farmington. City staff has solicited proposals for the assessment and recommends a contract for consulting services with WSB. DISCUSSION The project will include modeling of stormwater runoff in several portions of the city to identify pollutants being discharged to the Vermillion River. Areas assessed will be prioritized based on the amount of polluted runoff produced and the potential benefits of stormwater management. Conceptual and preliminary designs of stormwater treatment projects will be completed in high priority areas. The attached figure shows the project study area. Proposals were received from two consultants. The proposal from WSB demonstrated a clear understanding of the project scope and the city's desired schedule. WSB is a reputable consultant that has previously worked with the VRWJPO and has completed similar stormwater management assessments in Maple Grove. The consultant would be required to utilize the city's standard agreement utilizing the proposal as the scope of service. BUDGET IMPACT There will be no impact to the city budget for this project. The contract with WSB will be on an hourly basis not to exceed $28,743. Through the JPA, a grant from the Minnesota Board of Water and Soil Resources and VRWJ PO will reimburse the City up to$30,000 for project costs. ACTION REQUESTED Approve a contract with WSB for professional engineering services for the Vermillion River Direct Drainage Stormwater Treatment Assessment. ATTACHMENTS: Type Description Direct Drainage Assessment- Farmington D Backup Material Study Area Map D Backup Material Professional Engineering Services Proposal DocuSign Envelope ID:646FC2D2-E353-4C97-AD8A-C6F161554495 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement ("Agreement") made this /k ' day of August, 2021, between the CITY OF FARMINGTON a municipal corporation ("City"), and WSB, a Minnesota Corporation ("Consultant"). The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Consultant for professional engineering services related to the preliminary and final design and construction administration services for the Vermillion River Direct Drainage Stormwater Treatment Assessment Project hereinafter referred to as the "Work". 1. Scope of Service. The scope of service is detailed in the Proposal submitted by the consultant dated August 9, 2021 and attached as Exhibit A. The terms of this contract shall take precedence over any provisions of the Consultant's proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by December 31, 2021. Project Schedules with interim milestones are included in Exhibit A and will be further developed at the project kick-off meeting. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis not to exceed $28,743. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Consultant, and approval of an amendment by the City, with specific estimates of type, time and maximum costs, prior to commencement of the work. 4. Method of Payment. Consultant shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. Invoices to the City and payment to the Consultant by the City shall be subject to Minnesota statutory provisions pertaining to claims, including Minnesota Statutes § 471.38, 471.40, and the Minnesota Prompt Payment Act, M.S. § 425.425. 5. Staffing. The Consultant has designated Jake Newhall to complete and manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Dakota County, Minnesota. 7. Insurance. a. General Liability. Consultant shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Consultant shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from 1 DocuSign Envelope ID:646FC2D2-E353-4C97-AD8A-C6F161554495 claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Contract. 8. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Termination. This Contract may be terminated by either party by thirty (30) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Non-Discrimination. During the performance of this Contract, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 12. Subcontract or Assignment. Consultant shall not subcontract any part of the services to be provided under this Contract other than what is identified in the proposal; nor may Consultant assign this Contract, or any interest arising herein, without the prior written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. 13. Compliance with Laws and Regulations. Consultant is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract; including, as applicable, the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 14. Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Consultant or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota 2 DocuSign Envelope ID:646FC2D2-E353-4C97-AD8A-C6F161554495 Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Contract shall contain similar Data Practices Act compliance language. 15. Work Product. All materials, including but not limited to reports, exhibits, models, maps, charts, computer data, and supporting documentation produced under work authorized by this Agreement shall become the property of the City upon completion of the work or termination of this Agreement. 16. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 17. Damages. In the event of a breach of this Contract by the City, Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 19. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 20. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have signed this Contract as of the date and year first above written. CITY OF FARM' WSB BY' BY: f-A4 f W 1n,S Joshua oyt, ayor Its Director of water Resources AN D Id McKnight, Cit inistrator 3 DocuSign Envelope ID:646FC2D2-E353-4C97-AD8A-C6F161554495 Exhibit A Professional Engineering Services Proposal 4 .t t � a0wb.-nrf l 77 6. ..•�.�'a�'-u�c.{'3�''w ai�pdd�* � +_. V� }� Y �'y :. �Z 1' -!fit ry FARMINGTON i a Y a'• a a . 4 F c+ + s`pi..raIr ,+r.lEiz 1� i..� ��_k�!1, '� � AP � � �s �� ' ww Drainage Study Area A Vermillion River Watershed Hydrologic Subwatersheds -- V� . r� ..tea-� _�,� .m a• a > s � IC r Jib. ✓ i f !13Municipality • - • • • 11 Vermillion River � • m . A PROPOSAL FOR Stormwater Direct Drainage Prioritization and Stormwater Management Preliminary Design FOR THE CITY OF FARMINGTON August 9,2021 ws b Matt Decur Assistant City Engineer 430 Third Street Farmington,MN 55024 Re: Proposal for Stormwater Direct Drainage Prioritization and Stormwater Management Preliminary Design Dear Mr.Decur, 0 We are pleased to present these qualifications to provide professional engineering services for the Stormwater Direct v Drainage Prioritization and Stormwater Management Preliminary Design services.Our team has the knowledge and 6 Z experience necessary to complete this project in a professional,timely,and cost-effective manner.Our team of water m resources experts are ideally suited to meet the City of Farmington's goals based on the following considerations: 3 o Specialized Water Resources Experience.The City of Farmington will benefit from our history of planning,design, 0 implementation,inspection and maintenance of multiple types of BMPs.We have designed thousands of BMPs for clients to meet their regulatory needs and provide water quality improvements for downstream waterbodies.We utilize 0 our experience with implementation and long term maintenance to inform future BMP design decisions.This knowledge X will be a strong asset for the city. a Implementable Analyses and Designs.The success of a well executed planning document is measured on its 0 0 implementation and its effectiveness thereafter.We take great pride in our ability to thoroughly plan and model these m v projects and we also turn those plans into a road map for the city during implementation phases.Our project team will v co work with city staff through open communication to identify BMPs to target total phosphorous(TP)and total suspended solids(TSS)loads. J W N The city will gain a close working relationship with project manager,Jake Newhall, who has completed numerous similar drainage analyses and implementations.Throughout Jake's career,he has worked closely with clients and the proposed project team to identify stormwater problems while materializing his LO Z team's innovative solutions.Earth Evans,our Director of Water Resources,who brings 20 years of hands-on hydrologic 2 vi modeling,BMP implementation,and floodplain management to the table will provide the necessary QA/QC.With 0 Jake and Earth leading the project team,city staff will be able to collaboratively strategize on the creation of an a. W implementable BMP plan. Z Z_ We look forward to contributing to the City of Farmington's continued success and we thank you for the opportunity to submit our proposal.Please feel free to contact either Jake or Earth to discuss our next steps together. 0 0 M ~_ Sincerely,WSB U) W 'a Earth Evans,PE Jake Newhall,PE a Z Director of Water Resources Project Manager W X eevans@wsbeng.com 1 612.437.5629 jnewhall@wsbeng.com 612.990.3576 0 r TABLE OF CONTENTS O U C7 Z UJ in Project Understanding & Approach.................1 0 O Key Personnel & Project Experience...............4 M X Q " Fee Estimate15 ................................................... 0 O m v v co 1� `Jl r J LL\GIIE�r wCITIES M TIF, n � BUSINESS LEADERSHIP COUNC I L (O 7 LO LO Z J 0 d Q W Z Z 2 O O M w ZD w Q Q Z w X O t` d'. Yom' j` ~r. t 7 t dr TIZI J7 Ak 14 A, } Project Understanding & Approach Understanding WSB has met with city staff to gain a thorough understanding of the project scope and specific client goals.Our project team has completed many projects similar to this and we know the importance of identifying high performing, cost effective,and constructible BMPs early in the process.Our approach of delineation and combining best fit locations based on a multitude of factors such as future reconstruction projects, public utilities, right-of-way,drainage patterns and other variables will help lead to a successful BMP prioritization. BMPs that will be evaluated will include creative solutions based on previous project experience,such as active or passive filtration, underground systems, biofiltration, reuse,or other sustainable BMP options. Approach Project Management Jake Newhall will lead the project through the necessary steps and provide monthly updates of the status of the project.Jake will schedule three meetings with the City j of Farmington and the Vermillion River Watershed Joint Powers Organization(VRWJPO):one kick-off,one after subwatershed heat map creation,and one final meeting discussing the preliminary design and final report. He will ensure that deliverables are on-time and high- ' quality. Earth Evans will be a QA/QC reviewer through ' each task ensuring a high-quality product is brought r forth to the city. ` Proposal for Stormwater Direct Drainage Prioritization and Stormwater Project Understanding&Approach L 1 Management Preliminary Design for the City of Farmington CNrt a � t �, t` fit Ic S � B PI N rth t N uil — p E mill a i E Pla 4, d` c �ti ry B 2 as f 3 rd M1 .qw. ve NarM 2 F 2 c m`62, Place North v Ec -------------- u N rth Existing BMP City Boundary %Reduction ®550.00 Figure 2-Existing Subwatershed Phosphorus Treatment <_70.00 Pike Lake Subwatershed Assessment Wetlands(NWI) 0:_15.00 o g (*AfapkGnnr City of Maple Grove Q:_30.00 oo:_95.00 Feel �NSb IJ TASK 2: TASK 3. Desk Surveying & Subwatershed Subwatershed Modeling & Analysis Mapping Our team will use their expertise in P8 to develop total We will use County LiDAR contours and storm sewer suspended solids and phosphorus loading rates from mapping information to delineate the subwatersheds each subwatershed.Subwatersheds that have higher within the study area.WSB will coordinate with loading rates of TP and TSS will be marked darker while the city on necessary as-built information to verify subwatersheds that have lower loading rates will be subwatershed boundaries and existing treatment made lighter to create a pollutant loading heat map. systems.The subwatersheds will be overlayed with The heat map will also consider locations unsuitable available information such as road right-of-way,open for BMPs,such as private properties, high amounts of spaces,tax-forfeited parcels, park land,and public utilities,or high groundwater.WSB will meet with the facilities. Our team will highlight locations of upcoming City of Farmington and VRWJPO to discuss the heat map street improvement projects.The subwatershed and collaborate to determine three to five locations for map will also show areas of high groundwater or conceptual designs. groundwater contamination,and public and private utilities. Proposal for Stormwater Direct Drainage Prioritization and Stormwater Project Understanding&Approach 12 Management Preliminary Design for the City of Farmington w .>sY r+iw4WlddylElIII ---.._.. ._ _ .r...r._..►.w►.,.ar-....s.n.at.....;t.._..:.t:...�..aw.r`�...,�.....r,..,...:gra',-+...✓--.,.,,,. ti r TASK 4: Stormwater Treatment Conceptual Design Using BMP design,construction,and maintenance experience, our team will complete three to five conceptual stormwater treatment BMP options, as ` well as provide a matrix of cost, pollutant removal, maintenance, and readiness for construction.When the -" matrix is complete,together all stakeholders will review 04, J the results and select the BMP for conceptual design. TASK 5: { r ; Stormwater Treatment Preliminary M r Design ---- ------------ - After collaborating with the city and VRWJPO to prioritize a BMP to move forward with,WSB will develop a preliminary construction plan in CAD.An engineer's cost estimate will be created based on the preliminary plan.Our team will also summarize all deliverables such G 1 as a subwatershed map,water quality calculations, heat V + AL maps, matrices,conceptual and preliminary designs, and cost estimates all in one final report for the city and VRWJPO. Proposal for Stormwater Direct Drainage Prioritization and Stormwater Project Understanding&Approach 3 Management Preliminary Design for the City of Farmington Key Personnel ror Project • r • rrr S ii At WSB,our project approach begins with establishing an experienced team with the knowledge gained from similar projects.The team members listed on the following pages enjoy working together and collectively tackling the challenges associated with each project. We have assembled a project team with expertise in a broad range of disciplines to make the city's vision a reality. CA x �f � /� TX t WSBs multi -disciplinary approach t• addressing project challenges is one of our Istrongest Our - of experts • • seamlessly k. deliver innovative service. Proposal for stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience 4 Management Preliminary Design for the City of Farmington RRA 1 City of Farmington We have provided the proposed organizational structure for the team to work with the City of Farmington. Jake Newhall, PE,PMP PROJECT MANAGER Chris Petree Earth Evans,PE PRINCIPAL QA/QC Laura Cummings,PE Sam Phillips,EIT WATER RESOURCES WATER RESOURCES MODELING LEAD SPECIALIST Jake Newhall will manage our project team to deliver an on-time and on-schedule watershed analysis,stormwater treatment plan,and various conceptual designs.He has assisted several communities with Total Maximum Daily Load(TMDL)compliance accounting and understands that each subwatershed is unique within each community.Earth Evans will provide QA/QC for modeling and all of the plan deliverables.Chris Petree will serve as an additional resource to the city and project team for any extra support needed. ok" 'A" M �3 s � 2 - f - Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience 5 Management Preliminary Design for the City of Farmington PROJECT MANAGER .f j Jake has more than 15 years of engineering experience and has managed and designed many types of water resources projects, including modeling, planning, design, maintenance programs, and construction. He has worked with numerous watershed municipalities, counties and state agencies. Jake's well-rounded water resources skills and experience allow him to collaborate and be innovative while solving challenging water quality and water quantity problems. He will serve as the project manager and will be the primary point of contact on this project. SERVICE GROUP: Surface Water Management Plan and Subwatershed Assessments I Maple Water Resources Grove, M N REGISTRATION: Professional Engineer CLIENT: CITY OF MAPLE GROVE PROJECT DURATION: FEB 2021 - CURRENT MN#49170 Jake is the project manager working with the City of Maple Grove to develop a robust plan for EDUCATION: managing surface water and stormwater. Maple Grove is a rapidly growing community with Bachelor of Civil challenges related to both urban and rural infrastructure.This plan that Jake is helping to develop will Engineering,University of be consistent with the goals and policies of the Metropolitan Council along with the three watershed Minnesota,2006 management commissions having jurisdiction within the city: Elm Creek Watershed Management MEMBERSHIPS + Commission,Shingle Creek Watershed Management Commission,and West Mississippi Watershed CERTIFICATIONS: Management Commission. The planning process includes a detailed implementation plan, flood Certified PMP#1989038 study and modeling of 25 problem areas,subwatershed assessment prioritization,BMP maintenance considerations and prioritizations,and grant funding identification. Alimagnet Pond Filter Retrofit I Burnsville, MN CLIENT: CITY OF BURSNVILLE & VERMILLION RIVER JPO (VRJPO) 'POJECT DURATIOI AUG 2016 - MAY 2018 Jake was the project manager responsible for the design and construction of an Iron-Enhanced Sand Filter(IESF) in an existing regional basin. Improvements included constructing an enhanced filter drain field containing storm sewer inflow points and a drain the drawdown system to enhance treatment and polish stormwater prior to discharge to Lake Alimagnet. This project helped the City of Burnsville achieve its TMDL for Lake Alimagnet. Coordination of design and funding was instrumental to the project's success. Coordination between the City of Burnsville, VRJPO, and BWSR was needed.To help fund the improvements,a BWSR Clean Water Fund Grant was obtained. Crane Lake Stormwater Improvements I Minnetonka, MN CLIENT: CITY OF MINNETONKA AND BASSETT CREEK WMO PROJECT DORATION' AUG 2017 - OCT 2020 This project included a feasibility study for evaluating the most cost effective improvements for improving the quality of stormwater discharged to Crane Lake. This project was a CIP Watershed project with the Bassett Creek WMO and was constructed in conjunction with the Ridgedale Drive Roundabout and Reconstruction Project.Improvement options in close proximity to Ridgedale Mall were evaluated to determine if a new BMP or BMP retrofit would be the best solution to maximize stormwater benefit in this area. The constructed improvements consisted of a new storm sewer diversion to route 13 acres of untreated runoff into an underground chamber storage system. Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience 6 Management Preliminary Design for the City of Farmington Earth Evarib, k.- QA/QC As a project engineer and project manager for technically diverse projects in water r- resources for over 20 years,Earth takes projectsfrom planning and preliminaryengineering through design and construction.She is a technical resource in hydrologic and hydraulic modeling,flood damage reduction and floodplain modeling,water quality modeling and evaluation of best management practices, permitting,and hydraulic design. h:r SERVICE GROUP: City-Wide Atlas 14 Analysis I Woodbury, MN Water Resources CLIENT: CITY OF WOODBURY REGISTRATION: PROJECT DURATION: MAR 2018 - DEC 2019 Professional Engineer Earth managed the team that developed an Atlas14 Risk Analysis for the Cityof Woodbury.The analysis MN#44235 included updating the city-wide hydrologic&hydraulic model for the increase in precipitation depth and frequency due to NOAA Atlas 14 updates.Through this evaluation, her team identified over 80 ND#7058 waterbodies where there was inadequate freeboard to existing properties and infrastructure. The WI#41660 next step of the analysis was to complete detailed survey of these locations,refine the analysis,and identify feasibility level improvement alternatives and costs. Earth has continued to work with the TX#129722 city to implement the proposed improvements and to meet with impacted residents to discuss their EDUCATION: opportunities to reduce flood risk. Master of Civil Engineering, University of Minnesota, 2007 Woodbury SWMP Update I Woodbury, MN CLIENT: CITY OF WOODBURY Bachelor of Science in Civil P R(II F r T f)LIr,ATION: MAR 2018 NOV 2019 Engineering,University of Earth worked with City of Woodbury staff to complete their Surface Water Management Plan(SWMP) North Dakota,1997 in 2019.The plan included coordination and several presentations to the TAC,a focus on resiliency, MEMBERSHIPS & implementation plan,identification of problems and corrective actions,and coordination with three TxDOT Employee Sequence watershed districts. Following up on the SWMP, Earth has been assisting the city with area charge Number:25810 updates,design guidance modifications, review of requirements for projects located within active karst,and design review of a proposed master planned 400-acre development in the northeast area of the city. Medina SWMP and Design Guide Update I Medina, MN CLiEN : CITY OF MEDINA PROJECT DUP7,TION: MAR 2018 - NOV 2019 Earth worked with City of Medina staff to complete their SWMP Update in 2019.The plan included coordination with three watershed districts, and extensive updates to account for TMDLs and WRAPS that impacted the city's water resources. The plan focuses on providing the city with a clear mapping and identification of existing drainage problems and implementation projects. A significant portion of Medina remains rural or large lot residential.The plan needed to address BMP implementation projects and flood issues for the rural areas and the developed corridor.Earth also assisted the city with updating their Design Guidance.The Design Guide provides clear requirements for development and alternative volume control BMP credits in consideration of the clayey soils that typically preclude standard volume control practices. Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience 17 Management Preliminary Design for the City of Farmington Chris Petree PRINCIPAL Chris has served as a Director of Public Works in three communities and in the public works profession for over 25 years.Chris joined WSB in December 2019 and brings a unique perspective to WSB clients as his years of experience as an owner and client are apparent. Prior to working at WSB, Chris served as Director of Public Works for the City of Rochester from 2018-2019,the City of Lakeville from 2008-2018,the City of \ Hugo from 1999-2008 and worked for the City of Apple Valley prior to 1999. He holds a Class A Water Supply System Operators License from the MDH and a Class A Collection System Operators License from the MPCA. Laura Cummings, PE WATER RESOURCES MODELING LEAD �., Laura Cummings is a water resources engineer at WSB.Laura has experience in the field with BMP design,water quality design,grant proposals, land development projects,and j shoreline restoration projects.She has been responsible for the preparation of plans and specs for various clients throughout Minnesota.She can provide expertise in all stages of a project,from funding,design and drafting,construction observation, project management,and project closeout. Laura specializes in hydrologic modeling and is �- skilled in AutoCAD Civil 3D,ArcGIS,XP-SWMM, HydroCAD,and P8. Sam Phillips, EIT WATER RESOURCES SPECIALIST Sam is an engineer in training within WSB's Water Resources Group. Recently graduated, Sam has a variety of skills in many techincal areas including ArcMap, AutoCAD Civil 3D, BATHTUB, HEC-RAS, P8, Iowa River Restoration Toolbox, STEPL, ISWAT and Win TR-55. Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience'8 Management Preliminary Design for the City of Farmington PROJECT EXAMPLES Subwatershed Planning, Flood Study, & Implementation Plan CLIENT: CITY OF MAPLE GROVE LOCATION: MAPLE GROVE, MN PROJECT DURATION: 2018 - 2021 1 E - abea 9 - F ri Evninq BMV Clry Boundary%Reduction IN"I Potential BMP Option 12.1 .� Figure 2-Eaiating So=,,hed Phoapl,.—Treatmem ace 9waannea aseas.�mi Nnas(RWII �<ts. �<,om t•+SI:� �1a()tl'<`ITAC c�dNzccb.a sones aveavem A -�, • wsb Maple Grove is a rapidly growing community with During the development of the LSWMP,the city challenges related to both urban and rural infrastructure. prioritized subwatersheds throughout the city in This Local Surface Water Management Plan(LSWMP, which to complete assessments.These assessments Plan)serves as a comprehensive planning document to focus on identification of drainage areas with little to guide the city in conserving, protecting,and managing no stormwater treatment or opportunities for large its surface water resources.The city will use the LSWMP increases in treatment. Evaluation and modeling of as a guide to reach goals related to water quality,volume existing BMPs is completed. Development of new reduction,flood management,as well as other water BMPs and retrofits to existing systems is part of the resource needs.This plan meets the requirements ongoing evaluation. Pike Lake, Fish Lake,and Weaver detailed in Minnesota Statutes 103B and Minnesota Rules Lake are the first three subwatershed assessments to 8410,administered by the Minnesota Board of Water be completed.These assessments help the city achieve and Soil Resources.This plan was also developed to be TMDL requirements or keep basins from being added to consistent with the goals and policies of the Metropolitan the impaired waters list. Council and the three watershed management commissions having jurisdiction within the city:Elm Creek Watershed Management Commission,Shingle Creek Watershed Management Commission,and West Mississippi Watershed Management Commission. CONTINUED ON NEXT PAGE Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience 9 Management Preliminary Design for the City of Farmington Maple Grove Subwatershed Planning, Flood Study, & Implementation Plan (con't) MS4 ------ In addition to the LSWMP,WSB has assisted the city o + with their MS4 program for seven years.WSB has worked with staff at the city to update and enhance their current MS4 program to meet existing MS4 permit v requirements.This work includes assessing current MS4 programs locally to develop a stormwater pollution prevention program to meet the needs of the city while satisfying state mandated minimum requirements. 0 WSB has supported the city in the following program ..M.w. ....»w. d,...� areas:storm sewer system mapping, inspections and r maintenance,construction site inspections,annual ' report completion and submission,ordinance and 9 written procedure development,and staff training. SUPPLEMENTARY FLOOD ANALYSIS SWAMP As part of the plan development process,the city The city uses SWAMP(Storm Water Asset Management decided to investigate 25 flood susceptible areas. Program)to manage inspection and maintenance These areas were prioritized by utilizing the city's prioritization of its existing storm water BMPs.The asset management system and public works staff in SWAMP is a web-based application that allows for a an effort to maximize the resources and address the customized prioritization of stormwater BMP inspection most significant flood problems.This investigation and maintenance activities.The application assists involved hydrologic and hydraulic modeling and the city in budgeting for inspection and maintenance high-level review of improvement options to reduce activities and developing cost-benefit analyses for flood potential in the future. Recommendations were potential maintenance/improvement projects, moving developed for the city to consider which would allow the city's stormwater infrastructure maintenance future projects to be included in the city's capital program away from reactionary and toward targeted, improvement plan or for inclusion in other major proactive approaches.The application provides projects such as street reconstruction projects. pollutant removal estimates,annual reporting of activities,and a calculated response regarding the maintenance schedule for each BMP. IMPLEMENTATION PLAN JAKE NEWHALL, KENDRA FALLON, LAURA A detailed implementation plan was completed that CUMMINGS consists of projects, programs,and studies to meet the goals and needs of the city. Funding sources and grant COST: $150K programs that could be used to finance implementation activities were Outlined as part Of the plan. REFERENCE: DEREK ASCHE I WATER RESOURCES ENGINEER 1763.494.6354 1 DASCHE@MAPLEGROVEMN.GOV Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience'10 Management Preliminary Design for the City of Farmington PROJECT EXAMPLES Crane Lake Stormwater Improvements CLIENT: CITY OF MINNETONKA, BASSETT CREEK WATERSHED MANAGEMENT COMMISSION LOCATION: MINNETONKA, MN DURATION: AUG 2017 - OCT 2020 The Crane Lake Stormwater Improvements was a CIP r R" 7. ` Watershed project with the Bassett Creek Watershed Management Commission and was constructed in conjunction with the Ridgedale Drive roundabout and t ,, reconstruction project.This project included a feasibility study to assess the most cost effective way to improve the quality of stormwater discharged to Crane Lake,just east of the Ridgedale Mall. Improvement options were evaluated to determine if a new BMP or BMP retrofit would be the best solution to maximize Stormwater benefit. WSB constructed a new storm sewer diversion to route 13 acres of untreated runoff into an underground chamber storage system, where a new lift station pumps the runoff to a series of infiltration/filtration Qd gardens.The gardens enhance stormwater treatment and provide a surface amenity to the new park and trail system located west of Crane Lake. Improvements ,r --_ also included an educational opportunity for the park visitors. Coordination with the Bassett Creek Watershed Management Commission,City of Minnetonka,and s other stakeholders was key to the success of the CONSTRUCTION OF THE UNDERGROUND STORAGE SYSTEM project. KEY WSB STAFF: JAKE NEWHALL, LAURA RESCORLA CONSTRUCTION COST: $10M i•�--.e. x.� �y tom.r., K:s.,_..� � :`r„'_• i` STORMWATER TREATMENT BMP COST: $500K � �` : `� RFFFRENCE: WILL MANCHESTER I DIRECTOR OF w ENGINEERING 1 952.939.8232 RENDERING OF RIDGEDALE DRIVE AND CRANE LAKE Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience',11 Management Preliminary Design for the City of Farmington PROJECT EXAMPLES Sand Point Beach Park Retrofits CLIENT: CITY OF PRIOR LAKE, MN LOCATION: PRIOR LAKE, MN DURATION: NOV 2017 - MAY 2019 fV, _r, r s .d The Sand Point Beach Park Pond Improvement Project The existing stormwater ponds received 63 acres provided a partnership opportunity for the City of Prior of drainage and were currently undersized. Pond Lake and the Prior Lake-Spring Lake Watershed District maintenance projects were complete to remove to complete the following activities: contaminated material at the bottom of the ponds and to enlarge the ponds for additional storage. The untreated Provide water quality treatment for approximately 15 stormwater was diverted into the modified stormwater acres of untreated drainage that previously drained ponds and then to the iron-enhanced sand filter,providing directly into Lower Prior Lake significant water quality treatment prior to discharge into Lower Prior Lake.This iron-enhanced sand filter is Utilize currently unusable land to construct an iron- approximately 6,500-sf in size and is designed to remove enhanced sand filter that removes an additional 24 an additional 24 lbs/year of total phosphorus. pounds/year of total phosphorus Provide a high-profile water resource/stormwater KEY WSB STAFF: JAKE NEWHALL educational opportunity in the frequently visited Sand Point Beach Park DESIGN COST WJSB): $45K Perform maintenance and add additional storage to CONSTRUCTION COST: $400K existing stormwater ponds REFERENCE: PETE YOUNG I WATER RESOURCES ENGINEER 1 952.447.9831 1 PYOUNG@CITYOFPRIORLAKE.COM Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience 112 Management Preliminary Design for the City of Farmington PROJECT EXAMPLES Alimagnet Pond Filter Retrofit CLIENT: CITY OF BURNSVILLE LOCATION: BURNSVILLE, MN DURATION: FEB 2017 - DEC 2017 WSB completed the design and construction oversight of an Iron-Enhanced Sand Filter(IESF)in an existing regional basin. Improvements consisted of constructing an enhanced filter drain field containing storm sewer inflow points and a drain tile drawdown system to treat and polish stormwater prior to discharge to Lake Alimagnet.This project is intended to help the City of a Burnsville achieve its TMDL for the lake. Coordination of design and funding was instrumental to ~'`' project success with the City of Burnsville,VWRJPO, and Minnesota Board of Water and Soil Resources(BWSR). A BWSR Clean Water Fund Grant was obtained to help fund the improvements. .: KEY WSB STAFF: JAKE NEWHALL, BILL ALMS, KENDRA y� FALLON DESIGN COST: $25K CONSTRUCTION COST: $150K REFERENCE: RYAN PETERSON I PUBLIC WORKS DIRECTOR u 1 100 CIVIC CENTER PKWY I BURNSVILLE, MN 55337 1 A'. 952.895.4456 1 RYAN.PETERSON@BURNSVILLEMN.GOV v � V Proposal for Stormwater Direct Drainage Prioritization and Stormwater Key Personnel&Project Experience13 Management Preliminary Design for the City of Farmington The City of Farmington expects completion of the study and deliverables this year.This will allow the city to construct stormwater BMP improvements as early as 2022.We propose the following schedule to meet the timeframe based on our understanding of the scope and tasks involved. TASK I • PROJECT MEETINGS 1 - MONTHLY STATUS UPDATES i DESK SURVEY & SUBWATERSHED MAPPING t I REVIEW OF EXISTING CONDITIONS SUBWATERSHED MAPPING i i3. SUBWATERSHED MODEL & ANALYSIS WATER QUALITY MODELING HEAT MAP CREATION 4. STORMWATER TREATMENT CONCEPTUAL CONCEPTUAL DESIGN FINAL REPORT I , 5. STORMWATER TREATMENT PRELIMINARY DESIGN 60% CONCEPT DESIGN ENGINEER'S OPINION OF COST - Proposal for Stormwater Direct Drainage Prioritization and Stormwater Schedule 114 Management Preliminary Design for the City of Farmington We propose to complete the scope of work described above and under the terms outlined in the RFP for the cost listed in the fee table below.WSB is committed to performing the work outlined in the approach section of the proposal for the budget shown and will not perform out of scope work without prior authorization from the city.Additional services and all expenses requested by Farmington can be scoped using our current hourly rate sheet,shown on the following page. PROJECT QUALITY PROJECT a GRADUATE MANAGER CONTROL ENGINEER I ENGINEER rAD TASK I DESCRIPTION DESI a PROJECT MEETINGS 6 6 12 $1,758 MONTHLY STATUS UPDATES 6 2 8 $1,282 TASK 1 TOTAL ESTIMATED HOURS AND FEE 12 8 20 $3,040 ©DESK SURVEY&SUBWATERSHED MAPPING REVIEW OF EXISTING CONDITIONS 1 4 4 9 $1,002 SUBWATERSHED MAPPING 2 8 10 2 22 $2,354 TASK 2 TOTAL ESTIMATED HOURS AND FEE 3 12 14 2 31 $3,356 © SUBWATERSHED MODEL&ANALYSIS WATER QUALITY MODELING 4 1 20 28 53 $5,737 HEAT MAP CREATION 4 4 2 10 $1,002 TASK 3 TOTAL ESTIMATED HOURS AND FEE 4 1 24 32 2 63 $6,739 STORMWATER TREATMENT CONCEPTUAL DESIGN CONCEPTUAL DESIGN 6 1 20 12 39 $4,677 FINAL REPORT 4 1 12 16 4 37 $4,069 TASK 4 TOTAL ESTIMATED HOURS AND FEE 10 2 32 28 4 76 $8,746 ©STORMWATER TREATMENT PRELIMINARY DESIGN 60%CONCEPT DESIGN 4 1 10 6 24 4 49 $5,839 ENGINEERS OPINION OF COST 1 1 4 2 a $1,023 TASK 5 TOTAL ESTIMATED HOURS AND FEE 5 2 14 8 24 4 57 $6,862 TOTAL ESTIMATED HOURS 34 5 90 82 24 a 4 247 HOURLY BILLING RATE $174 $197 $119 $88 $120 $87 $85 TOTAL PROJECT COST $28,743 Proposal for Swrmmw Direct Drainage Prioritization and Stormwater Management Preliminary Design for the City of Farmington Fee Estimate 15 k i a ti 2021 RATE SCHEDULE RATE/HOURBILLING PRINCIPAL ASSOCIATE $154 $197 SR. PROJECT ENGINEER SR. PROJECT MANAGER $154 $197 PROJECT MANAGER $137 $152 PROJECT ENGINEER GRADUATE ENGINEER $92 $148 ENGINEERING TECHNICIAN ENGINEERING SPECIALIST $59 $148 LANDSCAPE ARCHITECT SR. LANDSCAPE ARCHITECT $71 $152 ENVIRONMENTAL SCIENTIST SR. ENVIRONMENTAL SCIENTIST $59 $147 PLANNER SR. PLANNER $71 $152 GIS SPECIALIST SR. GIS SPECIALIST $71 $152 CONSTRUCTION OBSERVER $95 $121 SURVEY ONE-PERSON CREW $149 TWO-PERSON CREW $196 THREE-PERSON CREW $211 OFFICE TECHNICIAN $53 - $94 Costs associated with word processing,cell phones, reproduction of common correspondence,and mailing are included in our hourly rates. I Vehicle mileage is included in our billing rates[excluding geotechnical and construction materials testing(CMT)service rates]. Reimbursable expenses include costs associated with plan,specification,and report reproduction; permit fees;etc. I Multiple rates illustrate the varying levels of experience within each category. Proposal for Stormwater Direct Drainage Prioritization and Stormwater Fee Estimate 116 Management Preliminary Design for the City of Farmington CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 u ' Farmington M N.gov TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Approve Amendment to Section 11-4-2(D) of the Subdivision Ordinance Regarding Private Streets-Community Development DATE: August 16, 2021 INTRODUCTION Attached,for city council consideration is an ordinance amendment to Section 11-4-2(D) of the Subdivision ordinance as it relates to private streets. DISCUSSION The attached ordinance that is being proposed amends the city's subdivision code to only allow private streets within the R-3 (Medium Density Residential) zoning district. This is the district where the types of development,typically townhomes, utilize private streets. Currently the code allows private streets only within the R-2, R-T and R-D zones. Another change that is being proposed with this amendment is limiting the maximum length of a dead- end private street to 500 feet and requiring that a turnaround be provided at the far end of the street that is of an acceptable size and design to the city. Any development that proposes private streets would have to be approved as part of a Planned Unit Development and all private streets would have to be located within outlots owned and maintained by a homeowners'association. These are existing requirements that will remain in place. Planning Commission Review The Planning Commission held a public hearing regarding this amendment at their regular meeting on August 10, 2021. The Commission recommended approval of the proposed ordinance amendment with a vote of 5-0. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached ordinance amending Section 11-4-2(D)as it relates to private streets. ATTACHMENTS: Type Description D Cover Memo Ordinance Amendment CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 021-760 AN ORDINANCE AMENDING TITLE 11, CHAPTER 4,SECTION 2 OF THE CITY CODE AS IT RELATES TO PRIVATE STREETS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. That Title 1 1 of the Farmington City Code, is hereby amended by replacing the current code with the following language: I 1-4-2 :LOTS: (A) Area: The minimum lot area,width and depth shall not be less than that established by thecity zoning ordinance in effect at the time of adoption of the final plat. Any lot created on land exceeding twelve percent (12%) in slope shall be at least ten percent (10%) larger than the minimums outlined. (B) Comer Lots:Comer lots for residential use shall be platted twenty feet(20')wider thantypical interior lots to permit appropriate building setback from both streets as required in the zoning ordinance. (C) Side Lot Lines: Side lines of lots shall be approximately at right angles to street lines orradial to curved street lines.(Ord. 002-470, 2-19-2002) (D) Frontage: Every lot must have the minimum frontage on a city approved public street other than an alley, as required in the city zoning ordinance. Private streets that are consistent with city standard detail plates and engineering guidelines will only be allowed in the R-2. R.T. and RD R-3 zoning districts as planned unit developments within outlots owned by a homeowners' association and subject to covenants providing for long term care and maintenance of the private streets. (Ord. 008-577, 1-22-2008). Dead-end private streets shall be limited to a maximum distance of 500 feet as measured from the centerline intersection of a throueh street and shall provide for a turnaround at the extreme far end that is of acceptable size and design to the city. (E) Setback Lines: Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the city zoning ordinance, as may be amended. (F) Features: In the subdividing of any land, due regard shall be shown for all natural features,such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. (G) Lot Remnants: All remnants of lots below minimum size left over after subdividing of alarger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. (H) Frontage On Two Streets: Double frontage, or lots with frontage on two(2) parallel streets shall not be permitted except where lots back on collector and arterial streets or highways,or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least twenty feet (20')in order to allow space for berms and/or screen planting along the back lot line. The landscaping shall include avariety of tree species and plantings as approved by the planning commission in a manner so as to provide adequate separation between the highway and adjoining land use. The materials used shall be identified on the required drawing submitted as the landscape plan for the plat. (I) Back To Back Lots: Rear lot owners of back to back lots shall coincide or be separated byat least ten feet(10'). (J) Buildable Lots: The lot arrangement shall be such that there will be no foreseeable difficulties,for reasons of topography or other conditions,in securing building permits to buildon all lots in compliance with the zoning ordinances and in providing driveway access to buildings on the lots from an approved street. (K) Drainage: Lots shall be laid out so as to provide positive drainage away from the buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.Drainage shall be designed so as to avoid concentration of storm drainagewater from each lot to adjacent lots. (L) Waste Materials;Rubbish:No cut trees,timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of issuance of ce 1 iif cate of occupancy, and removal of those items and materials shall be required prior to the issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements,whichever is sooner. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 16`h day of August 2021,by the City Council of the City of Farmin ton. CITY OF FA By: Joshua ,Mayor ATTEST: LSD By: r c)��- avid McKnight, dministrator SEAL Approved as to form the 17th day of August 2021. By: City Attorney Swmnary published in the Dakota County Tribune the day of August 2021. CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 021-760 AN ORDINANCE AMENDING TITLE 11, CHAPTER 4, SECTION 2 OF THE CITY CODE AS IT RELATES TO PRIVATE STREETS NOTICE IS HEREBY GIVEN that,on August 16,2021, Ordinance No. 021-760 was adopted by the City Council of the City of Farmington,Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of this ordinance,the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the private streets will only be allowed in the R-2,RT, RD and R-3 zoning districts as planned unit developments within outlots owned by a homeowners' association and subject to covenants providing for long term care and maintenance of the private streets. Dead-end private streets shall be limited to a maximum distance of 500 feet as measured from the centerline intersection of a through street and shall provide for a turnaround at the extreme far end that is of acceptable size and design to the city. A printed copy of the whole ordinance is available for inspection by any person during the city's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 16"'day of August, 2021. CITY OF F By: oshua H ,Ma or ATTEST: By: LK David McKnight City Administrator SEAL Approved as to form the 17th day of August 2021. By: , City Attorney Published in the Dakota Cotinty Tribune the 7�'day of2021. CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN,gov TO: Mayor, Councilmembers and City Administrator FROM: Jennifer Gabbard, Human Resources Director SUBJECT: Approve Recommendation for Hire Liquor Operations-Human Resources DATE: August 16, 2021 INTRODUCTION The recruitment and selection process for the appointment of the Liquor Operations Manager position has been completed. DISCUSSION After a thorough review by the Administration and Human Resources Departments, a contingent offer of employment has been made to Mr. Josh Solinger, subject to ratification by the city council. Mr. Solinger has more than 14 years of retail management experience and he meets the qualifications for this position. BUDGET IMPACT Mr. Solinger's starting annual salary will be$94,516. which is step 3 of the salary range for this position (salary range: $89,033-$115,035). Funding for this position is authorized in the 2021 budget. ACTION REQUESTED Approve the appointment of Josh Solinger as Liquor Operations Manager effective on or about Monday, August 16, 2021. CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 ® 11 I FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Jennifer Gabbard, Human Resources Director SUBJECT: Approve Recommendation for Hire Finance-Human Resources DATE: August 16, 2021 INTRODUCTION The recruitment and selection process for the appointment of the Finance Director position has been completed. DISCUSSION After a thorough review by the Administration, Finance, and Human Resources Departments, a contingent offer of employment has been made to Christopher Regis, contingent upon the ratification by the city council. Mr. Regis is currently the Finance Director in the City of Richfield and his experience meets the qualifications for the position. BUDGET IMPACT Mr. Regis'starting salary will be$135,716 which is Step 11 of the salary range for this position (salary range:$104,543 to$135,716). Funding for this position is authorized in the 2021 budget. ACTION REQUESTED Approve the appointment of Christopher Regis effective on or about Monday, August 30, 2021. CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Bills-Finance DATE: August 16, 2021 INTRODUCTION Attached is are the bills to be paid from July 1, 2021 through August 11, 2021. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the payment of bills on the attached register for the period of July 1, 2021 through August 11, 2021. ATTACHMENTS: Type Description D Cover Memo Bills R55CKS2 LOGIS600V COUlVCIL MEETING AUGUST 1 6, 2021 CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 7/1/2021 - 8/11/2D21 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 100058 8/6/2021 115438 AMERITAS LIFE INSURANCE CORP 6,271.36 JUL'21 DENTAL INSURANCE 195635 010-44-446 JULY'21 7000 6158 EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND 07000 02 5,339.52 AUG'21 DENTAL INSURANCE 195777 010-44446 AUG'21 7000 6158 EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND 07000 02 11,610.88 100059 8/6/2021 110240 APPRO DEVELOPMENT 3,000.00 ER GRADING:BLDG PERMIT 41873 195628 ER BLDG PERMIT 4600 2255 DEPOSITS PAYABLE PRIVATE CAPITAL PROJECTS 04600 07 41873 19,355.00 DT LIQ BUILD OUT 195804 8894 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 22,355.00 100060 8/6/2021 100493 BELLBOY CORPORATION 303.15 LIQUOR&SPIRITS ORDER 195680 0090412100 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 128.92 LIQUOR SUPPLIES&MIXES ORDER 195681 0103641700 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 226.88 LIQUOR SUPPLIES&MIXES ORDER 195720 0103679400 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 543.85 LIQUOR&SPIRITS ORDER 195721 0090524600 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,202.80 100061 8/6/2021 109503 BIFFS,INC 215.00 JUL'21 PRTBLE RNTL-MOVIE PRK 195826 W822528 1090 6555 RENTAL OF EQUIPMENT PARK MAINTENANCE 01000 09 215.00 JUL'21 PRTBLE RNTL-RRP EVENTS 195827 W822529 1090 6555 RENTAL OF EQUIPMENT PARK MAINTENANCE 01000 09 430.00 100062 8/6/2021 100253 CAMPBELL KNUTSON,P.A. 2,149.70 JUN-21 LEGAL FEES-GENERAL/RETN 195636 1852-000OG JUNE'21 1011 6403 LEGAL HUMAN RESOURCES 01000 04 2,149.70 100063 8/6/2021 117735 CLEAR RIVER BEVERAGE 968.00 BEER ORDER 195708 591376 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 968.DO 100064 8/6/2021 100071 COLLEGE CITY BEVERAGE INC 53.58- BEER ORDER CREDIT 195665 850-00326 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 12,608.10 BEER ORDER 195668 713780 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 141.80 BEER ORDER 195705 716118 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 44.64- BEER ORDER CREDIT 195706 850-00333 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 15,432.44 BEER ORDER 195718 716119 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 28,084.12 100065 8/6/2021 110837 CTM SERVICES,LLC 6,500.00 OLYMPIA BATTERY EDGER 195837 4852 4503 6950 MACHINERY,EQUIPMENT&TOOLS ICE ARENA CAPITAL IMPR FU 04500 09 6,500.00 100066 8/6/2021 117498 GILBERTSON,PETER 37.43 LIQ ST CABLES 195823 20210724 6110 6220 EQUIP SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 GILBERTSON R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 2 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 147.95 JULY MILEAGE REIMB 195823 20210724 7400 6485 MILEAGE REIMBURSEMENT INFORMATION TECHNOLOGY 07400 04 GILBERTSON 185.38 100067 8/6/2021 109232 HELM ELECTRIC INC 441.66 OUTLET INSTALL:CNCL CHMBRS 195755 14390B 1015 6515 BUILDING REPAIR/MAINTENANCE CITY HALL 01000 01 11,875.00 DT LIQ BUILD OUT 195807 14376B 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 10,253.00 DT LIQ BUILD OUT-ELEC 195809 14377B 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 330.00 WARMING HOUSE ELEC DISCONNECT 195832 14259B 1090 6401 PROFESSIONAL SERVICES PARK MAINTENANCE 01000 09 22,899.66 100068 8/6/2021 117341 INBOUND BREWCO 284.00 BEER ORDER 195683 11267 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 284.00 100069 8/6/2021 102456 KLM ENGINEERING INC 3,200.00 WATER TOWER WARRANTY INSPECT. 195633 8348 6502 6401 01902 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 3,200.00 100070 8/6/2021 100070 MINNESOTA VALLEY TESTING LABORATORIES 71.00 BAC-T SAMPLE(6)&MTHLY REPRT 195258 1097027 6502 6535 OTHER REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 71.00 100071 8/6/2021 108225 MUNICIPAL EMERGENCY SERVICES,INC 346.94 FIRE BOOTS 195643 IN1599469 1060 6290 1 TURNOUT GEAR FIRE SERVICES 01000 06 346.94 100072 8/6/2021 116735 REUBEN,KEATON 10.30 MEAL REIMB:TRNG 07/27/21 195818 20210727 REUBEN 1051 6470 TRAINING&SUBSISTANCE PATROL SERVICES 01000 05 10.30 100073 8/6/2021 102589 SAUTER,ROBERT 9.67 MEAL:DRIVING SCHOOL 195578 20210715 SAUTER 1051 6470 TRAINING&SUBSISTANCE PATROL SERVICES 01000 05 9.67 100074 8/6/2021 103452 SPARTAN PROMOTIONAL GROUP 303.90 500 CITY BRANDED PENS 195624 591453 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 303.90 100075 8/6/2021 112422 STANTEC CONSULTING SERVICES INC 1,288.50 NNG SWALE RESTORATION SURVEY 195623 1805919 4400 6401 PROFESSIONAL SERVICES STORM WATER TRUNK 04400 07 1,288.50 100076 8/6/2021 116742 TOWMASTER,LLC 117,239.00 F#0744 DUMP BODY&SNOW PLOW 195614 440943 6202 6940 VEHICLES SEWER OPERATIONS EXPENSE 06200 08 117,239.00 F#0703 DUMP BODY&SNOWPLOW 195615 440872 6202 6940 VEHICLES SEWER OPERATIONS EXPENSE 06200 08 234,478.00 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 3 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 100077 8/6/2021 112567 ULTIMATE SAFETY CONCEPTS,INC 406.84 BW MICRO 5 HCN SENSOR 195640 195339 4301 6950 MACHINERY,EQUIPMENT&TOOLS FIRE CAPITAL PROJECTS 04300 06 1,295.01 GAS MONITOR REPAIR 195645 195402 4301 6220 EQUIP SUPPLIES&PARTS FIRE CAPITAL PROJECTS 04300 06 1,701.85 100078 8/6/2021 108808 VINOCOPIA,INC 91.91 WINE ORDER 195684 0283178-IN 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 122.50 WINE ORDER 195722 0283577-1N 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 214.41 100079 8/6/2021 113972 YOUNGFIELD HOMES 3,000.00 ER 6666 210TH ST W 195627 ER 6666 210TH ST W 4600 2255 DEPOSITS PAYABLE PRIVATE CAPITAL PROJECTS 04600 07 3,000.00 ER 6636 UPR 210TH ST W 195630 ER 6636 UPR 210TH 4600 2255 DEPOSITS PAYABLE PRIVATE CAPITAL PROJECTS 04600 07 ST W 3,000.00 ER 6629 UPR 210TH ST W 195631 ER 6629 UPR 210TH 4600 2255 DEPOSITS PAYABLE PRIVATE CAPITAL PROJECTS 04600 07 ST W 9,000.00 156587 7/28/2021 118179 FARMINGTON MALL LLC 1,597.17 AUG'21 CAM NEW DT LIQ 195582 20210801 DT LIQ 6110 6556 BUILDING RENTAL DOWNTOWN LIQUOR REV&EXP 06100 02 1,597.17 165588 7/28/2021 108048 PUSH PEDAL PULL 5,590.00 TREADMILL 195579 313072 4502 6950 MACHINERY,EQUIPMENT&TOOLS RRC CAPITAL IMPROVEMENT F 04500 09 5,590.00 155689 7/28/2021 112051 SOUTHERN GLAZER'S OF MN 167.84 WINE ORDER 195580 2094058 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,400.15 LIQUOR&SPIRITS ORDER 195581 2094057 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,567.99 155590 8/6/2021 113303 ARTISAN BEER COMPANY 295.10 BEER ORDER 195660 3485674 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 35.60 BEER ORDER 195709 3486971 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,438.60 BEER ORDER 195710 3486970 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,769.30 155591 8/6/2021 118176 ASHCO EXTERIORS 1.00 VOID BLDG PRMT48722 195626 VOID BLDG PRMT 1000 2420 BUILDING PERMIT SURCHARGE GENERAL FUND BALANCE SHEE 01000 48722 70.00 VOID BLDG PRMT48722 195626 VOID BLDG FRUIT 1001 4305 BUILDING PERMITS GENERAL FUND REVENUES 01000 01 48722 71.00 155592 8/6/2021 108446 ASPEN MILLS,INC. 275.78 UNIFORM ITEMS:MATTINGLY,S 195639 276869 1060 6290 UNIFORMS&CLOTHING FIRE SERVICES 01000 06 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 4 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 49.70 CANDIDATE UNIFRM:KINANE,H 195644 276872 1060 6290 UNIFORMS&CLOTHING FIRE SERVICES 01000 06 325.48 155593 8/6/2021 100079 ASPENWALL TREE SERVICE,INC. 2,000.00 TREE REMOVAL PINE KNOLL PARK 195772 21-1141 1090 6401 PROFESSIONAL SERVICES PARK MAINTENANCE 01000 09 1,175.00 TREE REMOVAL -7TH ST 195786 21-1136 5751 6401 PROFESSIONAL SERVICES FORESTRY MANAGEMENT 05700 625.00 TREE REMOVAL:701 SPRUCE ST 195787 21-1135 5751 6401 PROFESSIONAL SERVICES FORESTRY MANAGEMENT 05700 625.00 TREE REMOVAL:6244TH ST 195788 21-1153 5751 6401 PROFESSIONAL SERVICES FORESTRY MANAGEMENT 05700 4,425.00 155594 8/6/2021 100112 BADGER METER INC 2,799.96 ANNUAL SVS AGRMNT-MBLE RD MOD 195632 80077078 6502 6505 EQUIPMENT REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 417.90 JUN'21 BEACON MBL HOSTING SERV 195632 80077078 6502 6505 EQUIPMENT REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 3,217.86 155595 8/6/2021 114075 BLACKFIRE CREATIVE DESIGNS 107.81 DECALS FOR 0703 AND 0744 195695 5277 1073 6230 VEHICLE SUPPLIES&PARTS SNOW REMOVAL SERVICES 01000 08 400.00 F#0703 BLACK OUT HOOD WRAP 195799 5301 6402 6940 VEHICLES STORM WATER UTILITY OPERA 06400 08 400.00 F#0744 BLACK OUT HOOD WRAP 195799 5301 5602 6940 VEHICLES GEN CAPITAL EQUIP FUND EX 05600 907.81 155596 8/6/2021 114472 BREAKTHRU BEVERAGE MN BEER,LLC 29.50 BEER ORDER 195686 340358186 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 16,390.65 BEER ORDER 195689 340358185 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 43.20 BEER ORDER CREDIT 195848 340446451 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 12,058.15 BEER ORDER 195649 340446450 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 28,521.50 155597 8/6/2021 114471 BREAKTHRU BEVERAGE MN WINE&SPIRITS 893.78 WINE ORDER 195685 340339370 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 061 DO 02 4,362.04 LIQUOR&SPIRITS ORDER 195688 340339369 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 9,738.37 LIQUOR&SPIRITS ORDER 195712 340425901 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,205.75 WINE ORDER 195715 340425902 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 16,199.94 155598 8/6/2021 108360 CANNON RIVER WINERY 156.00 WINE ORDER 195679 11953 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 156.00 155599 8/6/2021 100025 CINTAS CORP LOC 754 44.57 JUL'21 WEEKLY UNIFORM SERVICES 195269 4089238190 1072 6290 UNIFORMS&CLOTHING STREET MAINTENANCE 01000 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195269 4089238190 1090 6290 UNIFORMS&CLOTHING PARK MAINTENANCE 01000 09 3.07- 195269 4089238190 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195269 4089238190 6202 6290 UNIFORMS&CLOTHING SEWER OPERATIONS EXPENSE 06200 08 47.66 JUL'21 WEEKLY UNIFORM SERVICES 195269 4089238190 6302 6290 UNIFORMS&CLOTHING SOLID WASTE OPERATIONS 06300 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195269 4089238190 6402 6290 UNIFORMS&CLOTHING STORM WATER UTILITY OPERA 06400 08 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 5 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 44.05 JUL'21 WEEKLY UNIFORM SERVICES 195269 4089238190 6502 6290 UNIFORMS&CLOTHING WATER UTILITY EXPENSE 06500 08 44.05 JUL'21 WEEKLY UNIFORM SERVICES 195408 4089931617 6502 6290 UNIFORMS&CLOTHING WATER UTILITY EXPENSE 06500 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195408 4089931617 6402 6290 UNIFORMS&CLOTHING STORM WATER UTILITY OPERA 06400 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195408 4089931617 6302 6290 UNIFORMS&CLOTHING SOLID WASTE OPERATIONS 06300 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195408 4089931617 6202 6290 UNIFORMS&CLOTHING SEWER OPERATIONS EXPENSE 06200 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195408 4089931617 1090 6290 UNIFORMS&CLOTHING PARK MAINTENANCE 01000 09 44.57 JUL'21 WEEKLY UNIFORM SERVICES 195408 4089931617 1072 6290 UNIFORMS&CLOTHING STREET MAINTENANCE 01000 08 44.57 JUL'21 WEEKLY UNIFORM SERVICES 195539 4090663702 1072 6290 UNIFORMS&CLOTHING STREET MAINTENANCE 01000 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195539 4090663702 1090 6290 UNIFORMS&CLOTHING PARK MAINTENANCE 01000 09 3.07- 195539 4090663702 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195539 4090663702 6202 6290 UNIFORMS&CLOTHING SEWER OPERATIONS EXPENSE 06200 08 47.66 JUL'21 WEEKLY UNIFORM SERVICES 195539 4D90663702 6302 6290 UNIFORMS&CLOTHING SOLID WASTE OPERATIONS 06300 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195539 4090663702 6402 6290 UNIFORMS&CLOTHING STORM WATER UTILITY OPERA 06400 08 44.05 JUL'21 WEEKLY UNIFORM SERVICES 195539 4090663702 6502 6290 UNIFORMS&CLOTHING WATER UTILITY EXPENSE 06500 08 44.57 JUL'21 WEEKLY UNIFORM SERVICES 195759 4091316469 1072 6290 UNIFORMS&CLOTHING STREET MAINTENANCE 01000 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195759 4091316469 1090 6290 UNIFORMS&CLOTHING PARK MAINTENANCE 01000 09 3.07- 195759 4091316469 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195759 4091316469 6202 6290 UNIFORMS&CLOTHING SEWER OPERATIONS EXPENSE 06200 08 47.66 JUL'21 WEEKLY UNIFORM SERVICES 195759 4091316469 6302 6290 UNIFORMS&CLOTHING SOLID WASTE OPERATIONS 06300 08 44.59 JUL'21 WEEKLY UNIFORM SERVICES 195759 4091316469 6402 6290 UNIFORMS&CLOTHING STORM WATER UTILITY OPERA 06400 08 44.05 JUL'21 WEEKLY UNIFORM SERVICES 195759 4091316469 6502 6290 UNIFORMS&CLOTHING WATER UTILITY EXPENSE 06500 08 1,067.92 155600 8/6/2021 100456 COMMERCIAL ASPHALT COMPANY 1,113.41 ASPHALT 195519 210715 1072 6253 STREET MATERIALS STREET MAINTENANCE 01000 08 1,113.41 155601 8/6/2021 118117 COMMERCIAL DOOR SYSTEMS INC 3,720.72 DT LIQ BUILD OUT 195805 0155297-IN 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 239.34- 195805 0155297-IN 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 3,481.38 155602 8/6/2021 112888 COOL AIR MECHANICAL,INC 361.00 AMMONIA LEAK REPAIR 195750 21558 2502 6515 BUILDING REPAIR/MAINTENANCE ICE ARENA OPERATIONS EXPE 02500 09 361.00 155603 8/6/2021 100030 CORE&MAIN,LP 22.65 CURB STOP REPAIR LID 195518 P199883 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 329.78 CURB STOP PARTS 195618 P235109 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 352.43 155604 8/6/2021 110844 DAKOTA COUNTY FINANCIAL SRVS 49.95 MAY'21 GOPHER 1 FIBER LOCATES 195594 00041397 7400 6505 EQUIPMENT REPAIR/MAINTENANCE INFORMATION TECHNOLOGY 07400 04 1,202.50 IST HALF 2021 STS WORK CREW 195835 00041574 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 1,202.50 1ST HALF 2021 STS WORK CREW 195835 00041574 1090 6401 PROFESSIONAL SERVICES PARK MAINTENANCE 01000 09 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 6 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 2,454.95 155605 8/6/2021 100081 DAKOTA COUNTY LUMBER COMPANY 307.00 BRIDGE:5"FLAT HEAD SCREWS 195753 2107-811717 1090 6250 OTHER SUPPLIES&PARTS PARK MAINTENANCE 01000 09 153.50 SCREWS FOR BRIDGES 195831 2108-812731 1090 6250 OTHER SUPPLIES&PARTS PARK MAINTENANCE 01000 09 82.88 WOOD TO COVER BROKEN WINDOWS 195855 2108-813045 1090 6540 VANDALISM PARK MAINTENANCE 01000 09 153.50 SCREWS FOR BRIDGE BOARDS 195856 2108-812912 1090 6250 OTHER SUPPLIES&PARTS PARK MAINTENANCE 01000 09 696.88 155606 8/6/2021 100057 DICK'S SANITATION SERVICE 13,596.93 JUL-21 RECYCLING COMMERCIAL 195782 DT0004112767 6302 6560 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 06300 08 482.46 SCHOOLS RECYCLING 195783 DT0004090812 6302 6560 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 06300 08 9,120.00 JUU21 WASTE HAULING FEES 195784 DT0004121492 6302 6560 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 06300 08 46,848.38 JUL'21 RECYCLING RESIDENTIAL 195785 DT0004112768 6302 6560 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 06300 08 506.02 DT LIQ BUILD OUT:C/D ROLLOFF 195808 DT0004027979 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 70,553.79 155607 8/6/2021 113096 ETERNITY HOMES,LLC 3,000.00 ER 201 15TH ST 195629 ER 201 15TH ST 4600 2255 DEPOSITS PAYABLE PRIVATE CAPITAL PROJECTS 04600 07 3,000.00 155608 8/6/2021 109931 FACTORY MOTOR PARTS 90.50 BLOWER MOTOR PARTS FOR 0909 195544 1-7027307 1090 6230 VEHICLE SUPPLIES&PARTS PARK MAINTENANCE 01000 09 90.50 155609 8/6/2021 113454 FARMINGTON PETTY CASH ACCT 1,415.00 START UP FOR PK TILLS 195819 2021 START UP CASH6100 1020 PETTY CASH LIQUOR OPERATIONS 06100 02 PK LIQ 1,415.00 155610 8/6/2021 111067 FRONTIER AG&TURF 657.06 MOWER PARTS 195415 P36098 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 657.06 155611 8/6/2021 100077 FRONTIER COMMUNICATIONS 75.45 AUG'21 ARENAALARM LINE 195756 651-463-3016 2502 6411 TELEPHONE/CABLE SERVICES ICE ARENA OPERATIONS EXPE 02500 09 AUG'21 75.45 155612 8/6/2021 100027 GREAT LAKES COCA-COLA DISTRIBUTION,LLC 814.40 POP ORDER 195666 3608213784 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 814.40 155613 8/6/2021 117086 GUARDIAN TITLE LLC 125.35 REF UTIL CR@18398 EVERTON AVE 175363 G19-001715/21 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 125.35 165614 8/6/2021 100074 HOHENSTEINS INC R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 7 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 829.55 BEER ORDER 195661 427724 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 757.90 BEER ORDER 195707 429672 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,587.45 155615 8/6/2021 113417 INDEED BREWING COMPANY,LLC 162.70 BEER ORDER 195723 103331 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 162.70 155616 8/6/2021 117717 INNOVATIVE GRAPHICS 2,204.00 SOCCER/TBALL SHIRTS 195620 50583 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 2,204.00 155617 8/6/2021 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 18.89 STAPLER/SCISSORS 195360 IN3411958 1010 6960 FURNITURE,OFFICE EQUIP,IT ADMINISTRATION 01000 01 9.97 LEGAL PADS 195360 IN3411958 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 37.79 TAPE,POST IT NOTES 195361 IN3411959 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 134.55 PACKING TAPE 195386 IN3413944 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 3.99 TAPE DISPENSER 195444 IN3416047 1010 6960 FURNITURE,OFFICE EQUIP,IT ADMINISTRATION 01000 01 205.19 155618 8/6/2021 110525 IN-SITU INC 50.00 JUL'21 CELL SVS:WTR LVS SFTWR 195634 4995 6502 6412 CELLULAR SERVICES WATER UTILITY EXPENSE 06500 08 50.00 155619 8/6/2021 109846 JJ TAYLOR DISTRIBUTING COMPANY OF MN INC 533.10- BEER ORDER CREDIT 195469 3170354 CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 3,512.20- BEER ORDER CREDIT 195470 3171586 CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 3,370.55 BEER ORDER 195503 3200549 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 10,086.25 BEER ORDER 195667 3200591 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 116.80 BEER ORDER 195669 3174260 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 5,749.85 BEER ORDER 195717 3209629 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 15,278.15 156620 8/6/2021 100033 JOHNSON BROTHERS LIQUOR COMPANY 1,942.14 LIQUOR&SPIRITS ORDER 195670 1847875 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 51.20 KINKY COCKTAILS ORDER 195671 1847876 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,232.86 LIQUOR&SPIRITS ORDER 195672 1847877 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 486.59 WINE ORDER 195673 1847878 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,364.67 LIQUOR&SPIRITS ORDER 195674 1847879 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 30.81 LIQUOR&SPIRITS ORDER 195675 1847880 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,122.08 WINE ORDER 195676 1847881 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 8.92- LIQUOR&SPIRITS ORDER CREDIT 195725 155580 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 33.51- WINE ORDER CREDIT 195726 155328 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 13.79- WINE ORDER CREDIT 195727 156136 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 13.33- WINE ORDER CREDIT 195728 156136 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 8 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 519.53 LIQUOR&SPIRITS ORDER 195729 1852807 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 831.00 WINE ORDER 195730 1852808 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,078.52 WINE ORDER 195731 1852809 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 142.04 LIQUOR SUPPLIES&MIXES ORDER 195732 1852810 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,355.03 LIQUOR&SPIRITS ORDER 195733 1852811 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,686.72 LIQUOR&SPIRITS ORDER 195734 1852812 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2.83- ROSES LIME JUICE CREDIT 195646 156662 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 13.25- SMIRNOFF VODKA CREDIT 195847 156663 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 14,757.56 155621 8/6/2021 116827 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD 675.50 FALL 2021 CURRENTS PRINTING 195852 102985 6202 6450 OUTSIDE PRINTING SEWER OPERATIONS EXPENSE 06200 08 721.94 FALL 2021 CURRENTS PRINTING 195852 102985 6302 6450 OUTSIDE PRINTING SOLID WASTE OPERATIONS 06300 08 46.44- 195852 102985 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 675.50 FALL 2021 CURRENTS PRINTING 195852 102985 6402 6450 OUTSIDE PRINTING STORM WATER UTILITY OPERA 06400 08 675.50 FALL 2021 CURRENTS PRINTING 195852 102985 6502 6450 OUTSIDE PRINTING WATER UTILITY EXPENSE 06500 08 2,703.00 FALL 2021 CURRENTS PRINTING 195852 102985 1094 6450 OUTSIDE PRINTING PARK&RECREATION ADMIN 01000 09 5,405.00 155622 8/6/2021 118186 KIRK ACOUSTICS 1,965.31 DT LIQ BLD OUT-CEILING MATRLS 195817 38270 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 65.31- 195817 38270 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 1,900.00 155623 8/6/2021 117255 KURTZBERGER,KIMBERLY 38.90 UTIL REF CR@12 LILAC LN 178547 UB RFND 12 LILAC 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 LANE 38.90 155624 8/6/2021 100109 LAKEVILLE TROPHY COMPANY 279.00 SOCCER MEDALS 195612 26440 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 262.26 TBALL MEDALS 195613 26441 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 154.86 LOCKER PLATES 195642 26426 1060 6240 BUILDING SUPPLIES&PARTS FIRE SERVICES 01000 06 696.12 155625 8/6/2021 117258 LENDSERV-BLOOMINGTON 74.36 REF UTIL CR@5215 194TH ST W 178576 LSN53851 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 74.36 155626 8/6/2021 118181 MINNESOTA DEPT OF PUBLIC SAFETY 15.00 DANGEROUS DOG TAGS 195654 2021 DANGEROUS D0650 6450 OUTSIDE PRINTING POLICE ADMINISTRATION 01000 05 TAGS 82.80 DANGEROUS DOG SIGNS 195655 2021 DANGEROUS DOG50 6450 OUTSIDE PRINTING POLICE ADMINISTRATION 01000 05 SIGNS 97.80 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 9 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 155627 8/6/2021 114616 MINNESOTA TITLE,LLC 77.13 REF UTIL CR @ 5122 HUMMBIRD LN 169838 FILE#G55931 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 77.13 155628 8/6/2021 102249 MN FIRE SERVICE CERTIFICATION BOARD 1,450.00 CERTIFICATION TESTING 195648 9259 1060 6460 MEMBER DUES&LICENSURE FIRE SERVICES 01000 06 1,450.00 155629 8/6/2021 107932 MOOD MEDIA 58.18 AUG'21 2021 RADIO SVS-LIQUOR 195802 56311334 6110 6401 PROFESSIONAL SERVICES DOWNTOWN LIQUOR REV&EXP 06100 02 53.18 AUG'21 2021 RADIO SVS-LIQUOR 195802 56311334 6115 6401 PROFESSIONAL SERVICES PILOT KNOB LIQUOR 06100 02 111.36 165630 8/6/2021 102179 MURPHY,JAMES 11.00 MEAL REIMB:TIRING 08/02/21 195854 2021082 MURPHY 1052 6470 TRAINING&SUBSISTANCE INVESTIGATION SERVICES 01000 05 11.00 155631 8/6/2021 100290 PAUSTIS&SONS WINE COMPANY 394.00 WINE ORDER 195682 133906 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 462.00 WINE ORDER 195713 134600 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 102.50 WINE ORDER 195714 130724 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 956.50 155632 8/6/2021 100093 PELLICCI HARDWARE&RENTAL .69 COMPRSN SLEEVE 3/8"DELRIN 195020 K45143/F 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 5.35 KEY FOR STORE 195106 K45179/F 6110 6240 BUILDING SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 14.99 FLIER DIAGONAL 6"ACE 195126 K45152/F 1095 6950 MACHINERY,EQUIPMENT&TOOLS RECREATION PROGRAM SERVIC 01D00 09 167.64 GLASS CLEANER/ADHSVE RMVR 195240 23759/1' 1060 6242 CLEANING SUPPLIES FIRE SERVICES 01000 06 6.99 BIN FOR K9 SMOKE 195247 K45249/F 2200 6220 EQUIP SUPPLIES&PARTS K-9(EFF.2019) 02200 05 29.98 TUBOTOWELS/SHOPTOWEL 195248 K45305/F 2200 6242 CLEANING SUPPLIES K-9(EFF.2019) 02200 05 6.99 SPRYPNT FLUO YELW 11 OZ 195271 45262/F'21 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 8.99 ADAPTER 1/2COPR3/4FPT 195273 K45306/F 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 802.56 PAINT AND PET WASTE BAGS 195274 51353/F'21 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 9.99 NAILS FOR SHELTER ROOF 195276 45340/F 1090 6240 BUILDING SUPPLIES&PARTS PARK MAINTENANCE 01000 09 135.91 PAINTAND SUPPLIES 195277 K45334/F 1015 6240 BUILDING SUPPLIES&PARTS CITY HALL 01000 01 5.99 UTILITY KNIFE 195278 45331/F 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 31.47 GUTTER/STAPLES/NAILS:SHELTER 195279 K45329/F 1090 6240 BUILDING SUPPLIES&PARTS PARK MAINTENANCE 01000 09 209.70 SOFTENER SALT 195280 51751/F'21 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 9.49 DRILL BIT FOR DOCK REPAIR 195281 K45358/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 8.82 LIQ NAILS/NUTS BOLTS 195363 45248/F'21 6110 6220 EQUIP SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 80.31 SHRINK WRAP 195364 45277/F'21 6110 6250 OTHER SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 3.58 COUPLE INSERT POLY 1" 195374 K45281/F 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 14.99 CLEANING TOWELS 195374 K45281/F 6502 6242 CLEANING SUPPLIES WATER UTILITY EXPENSE 06500 08 59.98 F#4797 FLAGS 195376 K45290/F 4301 6950 MACHINERY,EQUIPMENT&TOOLS FIRE CAPITAL PROJECTS 04300 06 64.99 GRASS SEED 195385 K45392/F 6502 6255 LANDSCAPING MATERIALS WATER UTILITY EXPENSE 06500 08 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 10 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 104.91 SHRINK WRAP AND BOX TAPE 195389 45388/F'21 6110 6250 OTHER SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 12.99 INSECT KILLER 195416 K45374/F 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 9.99 E FIRM SHLTR:ROOF CAP NAILS 195418 K45371/F 1090 6240 BUILDING SUPPLIES&PARTS PARK MAINTENANCE 01000 09 9.99 TOILET PLUNGER 195419 45379/1''21 1050 6950 MACHINERY,EQUIPMENT&TOOLS POLICE ADMINISTRATION 01000 05 265.05 OUTDOOR RINK PAINTING SUPPLIES 195421 53629/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 14.99 VACUUM 195423 45503/F 1015 6950 MACHINERY,EQUIPMENT&TOOLS CITY HALL 01000 01 15.03 VACUUM 195423 45503/F 1060 6950 MACHINERY,EQUIPMENT&TOOLS FIRE SERVICES 01000 06 .41- 195423 45503/F 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 29.99 VACUUM 195423 45503/1' 1072 6950 MACHINERY,EQUIPMENT&TOOLS STREET MAINTENANCE 01000 08 6.00 VACUUM 195423 45503/F 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 14.99 VACUUM 195423 45503/F 1093 6950 MACHINERY,EQUIPMENT&TOOLS SENIOR CITIZEN SERVICES 01000 09 14.99 VACUUM 195423 45503/F 1050 6950 MACHINERY,EQUIPMENT&TOOLS POLICE ADMINISTRATION 01000 05 6.00 VACUUM 195423 45503/F 6202 6950 MACHINERY,EQUIPMENT&TOOLS SEWER OPERATIONS EXPENSE 06200 08 6.41 VACUUM 195423 45503/F 6302 6950 MACHINERY,EQUIPMENT&TOOLS SOLID WASTE OPERATIONS 06300 08 6.00 VACUUM 195423 45503/F 6402 6950 MACHINERY,EQUIPMENT&TOOLS STORM WATER UTILITY OPERA 06400 08 6.00 VACUUM 195423 45503/F 6502 6950 MACHINERY,EQUIPMENT&TOOLS WATER UTILITY EXPENSE 06500 08 13.46 INSECT CONTROL 195423 45503/F 1093 6240 BUILDING SUPPLIES&PARTS SENIOR CITIZEN SERVICES 01000 09 14.98 TIES FOR FLOWER WATER LINES 195424 K45499/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 31.98 SAW BLADES 195426 45460/F'21 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 5,526.36 PAINT FOR FIELDS&RINKS 195508 53313/F 1090 6250 OTHER SUPPLIES&PARTS PARK MAINTENANCE 01000 09 1.49 THREAD SEAL 195510 K45159/F 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 1,770.48 FIELD MARKING PAINT 195514 K45391/F 1090 6250 OTHER SUPPLIES&PARTS PARK MAINTENANCE 01000 09 1.50 UTILITY KNIFE 195517 K45517/F 1015 6950 MACHINERY,EQUIPMENT&TOOLS CITY HALL 01000 01 1.50 UTILITY KNIFE 195517 K45517/F 1060 6950 MACHINERY,EQUIPMENT&TOOLS FIRE SERVICES 01000 06 .04- 195517 K45517/F 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 3.00 UTILITY KNIFE 195517 K45517/F 1072 6950 MACHINERY,EQUIPMENT&TOOLS STREET MAINTENANCE 01000 08 .60 UTILITY KNIFE 195517 K45517/F 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 1.50 UTILITY KNIFE 195517 K45517/F 1093 6950 MACHINERY,EQUIPMENT&TOOLS SENIOR CITIZEN SERVICES 01000 09 1.50 UTILITY KNIFE 195517 K45517/F 1050 6950 MACHINERY,EQUIPMENT&TOOLS POLICE ADMINISTRATION 01000 05 .60 UTILITY KNIFE 195517 K45517/F 6202 6950 MACHINERY,EQUIPMENT&TOOLS SEWER OPERATIONS EXPENSE 06200 08 .64 UTILITY KNIFE 195517 K45517/F 6302 6950 MACHINERY,EQUIPMENT&TOOLS SOLID WASTE OPERATIONS 06300 08 .60 UTILITY KNIFE 195517 K45517/F 6402 6950 MACHINERY,EQUIPMENT&TOOLS STORM WATER UTILITY OPERA 06400 08 .59 UTILITY KNIFE 195517 K45517/F 6502 6950 MACHINERY,EQUIPMENT&TOOLS WATER UTILITY EXPENSE 06500 08 77.94 SPRINKLER HEADS 195524 51561/F 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 5.98 SPARE QUONSET KEYS 195527 K45395/F 1072 6220 EQUIP SUPPLIES&PARTS STREET MAINTENANCE 01000 08 .99 ELECTRICALTAPE 195540 K45548/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 400.78 RECYCLING BARREL LINERS 195542 53742/F'21 6302 6950 MACHINERY,EQUIPMENT&TOOLS SOLID WASTE OPERATIONS 06300 08 25.78- 195542 53742/F'21 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 6.99 ELECTRIC TAPE 195586 45383/F 1095 6220 EQUIP SUPPLIES&PARTS RECREATION PROGRAM SERVIC 01000 09 17.98 BATTERIES 195587 K45525/F 1095 6220 EQUIP SUPPLIES&PARTS RECREATION PROGRAM SERVIC 01000 09 44.97 TIE DOWN RTCH&ORG 195591 K45645/F 6110 6220 EQUIP SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 5.35 WHT SPRYPNT 195610 K45606/F 6110 6220 EQUIP SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 11 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 11.99 55 GAL ACE BAG-20CT 195649 K45588/F 1060 6242 CLEANING SUPPLIES FIRE SERVICES 01000 06 4.99 MASKING TAPE 195649 K45588/F 1060 6240 BUILDING SUPPLIES&PARTS FIRE SERVICES 01000 06 79.40 BASKETBALL NETS 195740 45558/F'21 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 29.98 CARPET PROTECTOR/MOPHEAD 195741 K45573/F 1050 6242 CLEANING SUPPLIES POLICE ADMINISTRATION 01000 05 36.99 GLOVES FOR PAINTING RINKS 195742 K45566/F 1090 6242 CLEANING SUPPLIES PARK MAINTENANCE 01000 09 4.99 RED SPRAY PAINT 195743 K45581/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 4.99 RED SPRAY PAINT 195744 K45621/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 51.90 SPRAY PAINT(10) 195748 45649/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 199.99 ECHO WEED TRIMMER 195749 K45649/17 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 4.99 SPRAY PAINT 195751 K45655/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 30.95 SOCKETS/SCKTADPTR/MAG NUT DR 195752 K45675/F 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 0100D 09 199.99 DRILL BATTERIES 195754 K45679/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 23.92 BOLTS FOR BRIDGE 195758 K45707/F 1090 6250 OTHER SUPPLIES&PARTS PARK MAINTENANCE 01000 09 59.99 SAW BLADE 195769 45746/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 14.97 NUT DRIVER 195770 K45752/F 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 33.98 RECIPROCATING SAW BLADES 195776 K45749/F 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 11.99 MAP PRO GAS 195780 K45742/F 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 47.78 DEG REASER/CLN R/BRUSH/GLVS 195803 K45708/F 6110 6242 CLEANING SUPPLIES DOWNTOWN LIQUOR REV&EXP 06100 02 15.59 SPRYPNT/NUTS/BOLTS 195803 K45708/F 6110 6220 EQUIP SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 10,977.63 155633 8/6/2021 117193 PEMBERTON LAW,P.L.L.P. 314.50 JUN'21 HR LEGAL SVS 195778 20196312-000M 1011 6403 LEGAL HUMAN RESOURCES 01000 04 JUNE'21 314.50 155634 8/6/2021 100032 PEPSI COLA COMPANY 183.30 POP ORDER 195719 52065406 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 183.30 155635 8/6/2021 100034 PHILLIPS WINE AND SPIRITS,INC 55.26 WINE ORDER 195677 6239977 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,013.84 LIQUOR&SPIRITS ORDER 195678 6239976 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 27.03- LIQUOR&SPIRITS ORDER CREDIT 195735 637330 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,008.09 LIQUOR&SPIRITS ORDER 195736 6243805 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,749.92 WINE ORDER 195737 6243806 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 334.35 WINE ORDER 195738 6243807 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 8,134.43 155636 8/6/2021 112600 PIERCE MANUFACTURING INC 500.00 LADDER TRUCK TRAINING 195641 169564 1060 6470 TRAINING&SUBSISTANCE FIRE SERVICES 01000 06 500.00 155637 8/6/2021 100377 PREMIER LIGHTING,INC 381.82 LIGHT BULBS 195739 58754 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 12 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 381.82 155638 8/6/2021 118136 PROTOUCH PAINTING,INC 523.69 DT LIQ BUILD OUT-PAINT 195810 17322 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 33.69- 195810 17322 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 4,810.00 DT LIQ BUILD OUT-PAINT LABOR 195811 17321 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 5,300.00 155639 8/6/2021 116540 RAMDHAN,NEIL 60.00 2018 PRC BOARD STIPEND 171075 2018 P&R-RAMDHAN1094 6401 PROFESSIONAL SERVICES PARK&RECREATION ADMIN 01000 09 60.00 155640 8/6/2021 112561 RICOH USA,INC 865.08 AUG'21 COPIER LEASES 195592 105185345 1010 6555 RENTAL OF EQUIPMENT ADMINISTRATION 01000 01 22.03 AUG'21 COPIER FAX CARD LEASES 195592 105185345 1010 6555 RENTAL OF EQUIPMENT ADMINISTRATION 01000 01 887.11 156641 8/6/2021 118160 RISTOW,DENISE 120.00 JUL21YOGA 195656 YOGAJUL'21-RIST01M093 6560 CONTRACTUAL SERVICES SENIOR CITIZEN SERVICES 01000 09 120.00 156642 8/6/2021 117089 ROCK HARD LANDSCAPE SUPPLY 31.50 LANDSCAPE ROCK 195422 3005602 1060 6255 LANDSCAPING MATERIALS FIRE SERVICES 01000 06 166.00 ALUM EDGING/POLY FABRIC 195425 3005577 1060 6255 LANDSCAPING MATERIALS FIRE SERVICES 01000 06 197.50 155643 8/6/2021 116708 ROSS,JEFFREY 332.24 REF UTIL CR @5829 UPR 183 ST W 170383 1295565 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 332.24 155644 8/6/2021 110990 SCHINDLER ELEVATOR CORPORATION 734.19 QTRLY ELEVATOR MAINT CONTRACT 195757 8105695716 1015 6515 BUILDING REPAIR/MAINTENANCE CITY HALL 01000 01 734.19 156645 8/6/2021 107018 SHAMROCK GROUP 152.00 ICE CUBE ORDER 195662 2648208 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 115.78 ICE CUBE ORDER 195663 2652557 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 116.86 ICE CUBE ORDER 195664 2652817 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 384.64 155646 8/6/2021 118175 SHERBURNE SLATER CONSTRUCTION 5,000.00 ER UTILITY PRMT 34207 195625 ER UTILITY PRMT 4600 2255 DEPOSITS PAYABLE PRIVATE CAPITAL PROJECTS 04600 07 34207 5,000.00 155647 8/6/2021 115250 SHUPE FAMILY CONSTRUCTION 40.00 ER BAL:22390 CAMBRIAN WAY 176060 ER 22390 CAMBRIAN 7500 2255 DEPOSITS PAYABLE ESCROW FUND 07500 02 WAY R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 13 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 40.00 ' 165648 8/6/2021 112051 SOUTHERN GLAZER'S OF MN 4,646.82 WINE ORDER 195687 2104365 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 5,528.16 LIQUOR&SPIRITS ORDER 195711 2106683 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2.56 LIQUOR&SPIRITS ORDER 195724 2106684 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 10,177.54 155649 8/6/2021 118137 ST CROIX WALL SYSTEMS INC 10,304.00 DT LIQ BUILD OUT 195806 2258-2 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 10,304.00 155650 8/6/2021 118158 STREET COP TRAINING LLC 598.00 REUBEN/REDMOND PROACTIVE PATRL 195556 45306-419-1-874D 1051 6470 TRAINING&SUBSISTANCE PATROL SERVICES 01000 05 598.00 155651 8/6/2021 118186 SWEDEBRO,INC. 12,383.25 DT LIQ BLD OUT-EPDXY FLOOR 195814 21-03-0022 1 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 8,022.75 DT LIQ BLD OUT-EPDXY FLOOR 195815 21-03-0022 2 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 20,406.00 155652 8/6/2021 118157 W.L.HALL COMPANY 370.00 ELEVATOR CURTAIN INSPECTION 195516 8866 1015 6515 BUILDING REPAIR/MAINTENANCE CITY HALL 01000 01 370.00 155653 8/6/2021 100330 WINEBOW 330.75 WINE ORDER 195716 MN00098141 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 330.75 156654 8/6/2021 118072 WINSUPPLY LAKEVILLE MN CO. 750.00 LIGHT BULBS 195857 374676 01 1060 6240 BUILDING SUPPLIES&PARTS FIRE SERVICES 01000 06 750.00 155655 8/6/2021 116791 AMERICAN CONCRETE DESIGN LLC 3,950.00 CONCRETE 9/11 MEMORIAL ST 1 194006 1035 4302 6535 OTHER REPAIR/MAINTENANCE FIRE RELIEF 04300 06 3,950.00 155656 8/6/2021 100093 PELLICCI HARDWARE&RENTAL 150.00 15 YR EE REC FIRE 195585 15 YR EE REC PIRE 1011 7420 OTHER HUMAN RESOURCES 01000 04 150.00 155657 8/6/2021 115040 HRMDIRECT INC 11,000.00 2021 RECRUITING PLATFORM FEES 195196 07498 1010 6280 BOOKS&SUBSCRIPTIONS ADMINISTRATION 01000 01 11,000.00 20210715 7/19/2021 111046 VOYAGER FLEET SYSTEMS INC 166.41 JUN'21 FUEL BLDG INSP 194975 8690882372126 BLDG 1031 6272 FUEL BUILDING INSPECTIONS 01000 07 INSP R55CKS2 LOGIS600V CITY OF FARMINGTON B/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 14 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Cc Dept Div 111.09 JUN'21 FUEL CODE ENFORCEMENT 194976 8690882372126 1030 6272 FUEL PLANNING&ZONING 01000 03 PLAN/ZONE 210.99 JUN'20 FUEL RECREATION 194979 8690882372126 1094 6272 FUEL PARK&RECREATION ADMIN 01000 09 RECREATION 295.43 JUN'21 FUEL ENGINEERING 194982 690882372126 1070 6272 FUEL ENGINEERING SERVICES 01000 07 ENGINEERING 184.29 JUN'21 FUEL NAT RES 194983 8690882372126 NAT 1076 6272 FUEL NATURAL RESOURCES 01000 07 RES 1,087.32 JUN-21 FUEL SEWER 194986 8690882372126 6202 6272 FUEL SEWER OPERATIONS EXPENSE 06200 08 SEWER 317.68 JUN'21 FUEL STORM 194987 8690882372126 6402 6272 FUEL STORM WATER UTILITY OPERA 06400 08 STORM 512.61 JUN'21 FUEL WATER 194988 8690882372126 6502 6272 FUEL WATER UTILITY EXPENSE 06500 08 WATER 409.52 JUN'21 FUEL STREET 194989 8690882372126 1072 6272 FUEL STREET MAINTENANCE 01000 08 ST/SN 100.57 JUN'21 FUEL SOLID WASTE 194994 8690882372126 SLD 6302 6272 FUEL SOLID WASTE OPERATIONS 06300 08 WASTE 6.47- 194994 8690882372126 SLD 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 WASTE 5,537.84 JUN-21 FUEL POLICE 194995 8690882372126 1051 6272 FUEL PATROL SERVICES 01000 05 POLICE 4.97 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG6502 6272 FUEL WATER UTILITY EXPENSE 06500 08 MAINT 4.95 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG6402 6272 FUEL STORM WATER UTILITY OPERA 06400 08 MAINT .34- 195006 8690882372126 BLDG9999 2415 MN SALES TAX DUE CASH COMPANY 09999 MAINT 5.29 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG6302 6272 FUEL SOLID WASTE OPERATIONS 06300 08 MAINT 4.95 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG6202 6272 FUEL SEWER OPERATIONS EXPENSE 06200 08 MAINT 12.38 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG1050 6272 FUEL POLICE ADMINISTRATION 01000 05 MAINT 12.38 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG1093 6272 FUEL SENIOR CITIZEN SERVICES 01000 09 MAINT 4.95 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG1090 6272 FUEL PARK MAINTENANCE 01000 09 MAINT 24.77 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG 1072 6272 FUEL STREET MAINTENANCE 01000 08 MAINT 12.38 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG1060 6272 FUEL FIRE SERVICES 01000 06 MAINT R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 15 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 12.38 JUN'21 FUEL BLDG MAINT 195006 8690882372126 BLDG 1015 6272 FUEL CITY HALL 01000 01 MAINT 1.79 JUN'21FUELJANITORIAL 195007 8690882372126 6502 6272 FUEL WATER UTILITY EXPENSE 06500 08 JANITORIAL 1.79 JUN'21 FUEL JANITORIAL 195007 8690882372126 6402 6272 FUEL STORM WATER UTILITY OPERA 06400 08 JANITORIAL .12- 195007 8690882372126 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 JANITORIAL 1.91 JUN'21 FUEL JANITORIAL 195007 8690882372126 6302 6272 FUEL SOLID WASTE OPERATIONS 06300 08 JANITORIAL 1.79 JUN'21 FUEL JANITORIAL 195007 8690882372126 6202 6272 FUEL SEWER OPERATIONS EXPENSE 06200 08 JANITORIAL 4.46 JUN'21 FUELJANITORIAL 195007 8690882372126 1050 6272 FUEL POLICE ADMINISTRATION 01000 05 JANITORIAL 4.48 JUN'21 FUEL JANITORIAL 195007 8690882372126 1093 6272 FUEL SENIOR CITIZEN SERVICES 01000 09 JANITORIAL 1.79 JUN'21 FUEL JANITORIAL 195007 8690882372126 1090 6272 FUEL PARK MAINTENANCE 01000 09 JANITORIAL 8.95 JUN'21 FUEL JANITORIAL 195007 8690882372126 1072 6272 FUEL STREET MAINTENANCE 01000 08 JANITORIAL 4.48 JUN'21 FUEL JANITORIAL 195007 8690882372126 1060 6272 FUEL FIRE SERVICES 01000 06 JANITORIAL 4.48 JUN'21 FUEL JANITORIAL 195007 8690882372126 1015 6272 FUEL CITY HALL 01000 01 JANITORIAL 2,461.04 JUN-21 FUEL PARKS 195107 8690882372126 1090 6272 FUEL PARK MAINTENANCE 01000 09 PARKS 980.32 JUN'21 FUEL FIRE 195115 8690882372126 FIRE 1060 6272 FUEL FIRE SERVICES 01000 06 12,503.50 20210716 7/19/2021 108980 MINNESOTA ENERGY RESOURCES CORPORATION 48.20 JUN'21 GAS DT LIQ STORE 194985 0503154879 JUN'21 6110 6423 NATURAL GAS DOWNTOWN LIQUOR REV&EXP 06100 02 19.59 JUN'21 GAS WELL HOUSE 1 OAK ST 194990 0506788875 JUN'21 6502 6423 NATURAL GAS WATER UTILITY EXPENSE 06500 08 74.90 NAT GAS RRC JUN 21 194997 0507948331 JUN'21 1093 6423 NATURAL GAS SENIOR CITIZEN SERVICES 01000 09 334.45 JUN'21 GAS POLICE DEPT 195002 0505974444 JUN'21 1050 6423 NATURAL GAS POLICE ADMINISTRATION 01000 05 25.51 JUN'21 GAS CMF 195009 0502362190 JUN'21 1072 6423 NATURAL GAS STREET MAINTENANCE 01000 08 25.49 JUN'21 GAS CMF 195009 0502362190 JUN'21 1090 6423 NATURAL GAS PARK MAINTENANCE 01000 09 1.75- 195009 0502362190 JUN'21 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 25.49 JUN'21 GAS CMF 195009 0502362190 JUN'21 6202 6423 NATURAL GAS SEWER OPERATIONS EXPENSE 06200 08 27.24 JUN'21 GAS CMF 195009 0502362190 JUN'21 6302 6423 NATURAL GAS SOLID WASTE OPERATIONS 06300 08 25.49 JUN'21 GAS CMF 195009 0502362190 JUN'21 6402 6423 NATURAL GAS STORM WATER UTILITY OPERA 06400 08 25.19 JUN'21 GAS CMF 195009 0502362190 JUN'21 6502 6423 NATURAL GAS WATER UTILITY EXPENSE 06500 08 10.36 JUN'21 GAS 1ST STREET GARAGE 195010 0505547424 JUN'21 1072 6423 NATURAL GAS STREET MAINTENANCE 01000 08 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 16 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 10.38 JUN'21 GAS 1ST STREET GARAGE 195010 0505547424 JUN'21 1090 6423 NATURAL GAS PARK MAINTENANCE 01000 09 .71- 195010 0505547424 JUN'21 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 10.36 JUN'21 GAS 1ST STREET GARAGE 195010 0505547424 JUN'21 6202 6423 NATURAL GAS SEWER OPERATIONS EXPENSE 06200 08 11.07 JUN'21 GAS 1ST STREET GARAGE 195010 0505547424 JUN'21 6302 6423 NATURAL GAS SOLID WASTE OPERATIONS 06300 08 10.36 JUN'21 GAS IST STREET GARAGE 195010 0505547424 JUN'21 6402 6423 NATURAL GAS STORM WATER UTILITY OPERA 06400 08 10.24 JUN'21 GAS 1ST STREET GARAGE 195010 0505547424 JUN'21 6502 6423 NATURAL GAS WATER UTILITY EXPENSE 06500 08 379.82 JUN'21 GASARENA 195011 0502346011 JUN'21 2502 6423 NATURAL GAS ICE ARENA OPERATIONS EXPE 02500 09 657.52 JUN'21 GAS CITY HALL 195012 0505346885 JUN'21 1015 6423 NATURAL GAS CITY HALL 01000 01 57.60 JUN'21 GAS FIRE STATION 1 195121 0506565319 JUN'21 1060 6423 NATURAL GAS FIRE SERVICES 01000 06 84.17 JUN'21 GAS FIRE STATION 2 195122 0505001779 JUN'21 1060 6423 NATURAL GAS FIRE SERVICES 01000 06 1,870.97 20210717 7/19/2021 116664 FP MAILING SOLUTIONS/POSTALIA 500.00 7/16/2021 POSTAGE METER RESET 195550 61858118 20210716 1014 6445 POSTAGE/SHIPPING FEES COMMUNICATIONS 01000 01 500.00 20210718 7/20/2021 114664 INVOICE CLOUD 539.09 JUN'21 IC PYMT FEES 195448 819-20216 6502 6545 PYMT PROCESSING FEES WATER UTILITY EXPENSE 06500 08 539.09 JUN'21 IC PYMT FEES 195448 819-20216 6402 6545 PYMT PROCESSING FEES STORM WATER UTILITY OPERA 06400 08 530.09 JUN'21 IC PYMT FEES 195448 819-20216 6302 6545 PYMT PROCESSING FEES SOLID WASTE OPERATIONS 06300 08 548.08 JUN'21 IC PYMT FEES 195448 819-20216 6202 6545 PYMT PROCESSING FEES SEWER OPERATIONS EXPENSE 06200 08 2,156.35 20210719 7/20/2021 108980 MINNESOTA ENERGY RESOURCES CORPORATION 46.20 JUN'21 GAS PK LIQ STORE 195001 0507026961 JUN'21 6115 6423 NATURAL GAS PILOT KNOB LIQUOR 06100 02 48.20 20210720 7/26/2021 100086 DAKOTA ELECTRIC ASSOCIATION 18.97 JUN'21 PK CITY SIGN NORTH ENTR 195021 200010011266 1090 6422 ELECTRIC PARK MAINTENANCE 01000 09 JUN'21 220.67 JUN'21 ELEC DNMRK/SPRCE ST LTS 195026 2D0004222477 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 JUN'21 2,368.87 JUN-21 ELEC WELL#9 195027 200010028004 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 JUN'21 19.77 JUN'21 ELEC SPRUCE ST MNMNT LT 195031 200004099123 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 JUN'21 20.55 JUN'21 ELEC 220TH ST LIFT STN 195032 200001405224 6202 6422 ELECTRIC SEWER OPERATIONS EXPENSE 06200 08 JUN'21 34.10 JUN'21 ELEC PARK$REC SIGN 195033 200002260479 1090 6422 ELECTRIC PARK MAINTENANCE 01000 09 JUN'21 309.74 JUN'21 ELEC FIRE STATION 1 195232 200001679489 1060 6422 ELECTRIC FIRE SERVICES 01000 06 JUN'21 2,992.67 20210721 7/22/2021 100394 XCEL ENERGY R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 17 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 152.12 JUN'21 ELEC-190TH ST BRDG LTS 194822 51-9371130 JUN'21 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 171.44 JUN'21 ELEC-321 ELM ST LTS 194827 51-8608862 JUN'21 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 26.37 JUN'21 ELEC-5262 208TH ST LTS 194964 51-8391412 JUN'21 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 20.76 JUN'21 ELEC-LINDEN ST LFT STN 194965 51-6585658 JUN'21 6202 6422 ELECTRIC SEWER OPERATIONS EXPENSE 06200 08 1,907.68 JUN'21 ELEC-DT LIQ STORE 194981 51-4874008 JUN'21 6110 6422 ELECTRIC DOWNTOWN LIQUOR REV&EXP 06100 02 24.93 JUN'21 ELEC-DUNBRYAVE WRM HSE 195003 51-9027188 JUN'21 1090 6422 ELECTRIC PARK MAINTENANCE 01000 09 2,303.30 20210722 7/30/2021 116053 109 ELM,LLC 6,197.29 PARTIALAUG'21 DT LIQ RENT 195549 AUG'21 PARTIAL 6110 6556 BUILDING RENTAL DOWNTOWN LIQUOR REV&EXP 06100 02 MONTH 6,197.29 20210723 7/30/2021 100135 PUBLIC EMPLOYEES RETIREMENT ASSN. 24,537.12 195583 0728211002131 7000 2113 PERA PAYABLE EMPLOYEE EXPENSE FUND 07000 02 32,785.60 195584 0728211002132 7000 6154 PERA EMPLOYEE EXPENSE FUND 07000 02 1,245.14- PERA CR:DEDCTN IN ERROR 195862 150929 7000 6154 PERA EMPLOYEE EXPENSE FUND 07000 02 56,077.58 20210724 7/28/2021 102160 CARDMEMBER SERVICES 49.90 ZUMBA GOLD JUN 21 195130 3544-2591-6/28 1093 6570 PROGRAMMING EXPENSE SENIOR CITIZEN SERVICES 01000 09 36.60 PUPPET FOR PUPPET WAGON 195136 3544-7108-6/28 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 159.95 BLUETOOTH SPEAKER 195137 3544-8614-6/18 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 95.73 BANNERS MUSIC/MOVIE PARK 195138 3544-9339-6/25 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 23.04 DISINFECTING WIPES 195139 3544-7402-6/28 1093 6242 CLEANING SUPPLIES SENIOR CITIZEN SERVICES 01000 09 39.98 PLOTTER INK CYAN 195140 3544-4808-6/28 1093 6220 EQUIP SUPPLIES&PARTS SENIOR CITIZEN SERVICES 01000 09 5.99 JOLLY ROGER:PUPPET WAGON 195141 3544-7744-6/28 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 15,46 LITTLE CAMP SUPPLIES 195142 3544-4443-6/25 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 6.88 LITTLE CAMP SUPPLIES 195143 3544-9241-6/24 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 40,15 LITTLE CAMP SUPPLIES 195144 3544-3135-6/17 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 18.00 WATER:SEASONAL ORIENTATION 195145 3544-6899-6/8 1095 6480 MEETING EXPENSE RECREATION PROGRAM SERVIC 01000 09 62,60 REPL BODY CAMERA MOUNTS 195146 4021-8897-6/24 1051 6220 EQUIP SUPPLIES&PARTS PATROL SERVICES 01 D00 05 103.11 SQD 92 HORN ELIMINATOR 195147 4021-5403-6/24 1051 6230 VEHICLE SUPPLIES&PARTS PATROL SERVICES 01000 05 75.00 STRESE DMT REFRESHER 195148 4021-8167-6/16 1051 6470 TRAINING&SUBSISTANCE PATROL SERVICES 01000 05 82.00 BAAR HOTEL DEPOSIT RMS CONFERE 195149 4021-1887-6/17 1050 6470 TRAINING&SUBSISTANCE POLICE ADMINISTRATION 01000 05 82.00 WOOTON HOTEL DEP RMS CONF 195150 4021-1895-6/17 1050 6470 TRAINING&SUBSISTANCE POLICE ADMINISTRATION 01000 05 8.55 TIE DOWNS 195151 4021-9348-6/28 1060 6220 EQUIP SUPPLIES&PARTS FIRE SERVICES 01000 06 73.00 ROLLING UTILITY CART 195152 4021-2020-6/28 1060 6950 MACHINERY,EQUIPMENT&TOOLS FIRE SERVICES 01000 06 64.96 SQD 81 REPL BATTERY TENDER 195153 4021-8612-6/22 1051 6230 VEHICLE SUPPLIES&PARTS PATROL SERVICES 01000 05 87.88 SQUAD CLEANING SUPPLIES 195154 4021-9982-6/18 1051 6242 CLEANING SUPPLIES PATROL SERVICES 01000 05 119.95 FITNESS ROOM FAN 195155 4021-8111-6/17 1051 6950 MACHINERY,EQUIPMENT&TOOLS PATROL SERVICES 01000 05 150.24 IRRIGATION REPAIR PARTS 195156 3387-7013-6/16 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 35.00 ARM DUES&WORKSHOP 195157 6860-8547-6/15 6302 6460 MEMBER DUES&LICENSURE SOLID WASTE OPERATIONS 06300 08 395.00 STANDING DESK FOR SAM DIMAGGIO 195158 0915-5829-6/28 1010 6960 FURNITURE,OFFICE EQUIP,IT ADMINISTRATION 01000 01 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 18 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 174.00 WEBCAM:IT 195159 0915-6675-6/28 7400 6960 FURNITURE,OFFICE EQUIP,IT INFORMATION TECHNOLOGY 07400 04 29.99 KEYBOARD SAM DIMAGGIO 195160 0915-0365-6/23 7400 6220 EQUIP SUPPLIES&PARTS INFORMATION TECHNOLOGY 07400 04 9.99 25FT PRNT CORD:CINDY M OFFICE 195161 0915-5473-6/17 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 27.48 20FT POWER STRIP:CMULLER OFFC 195161 0915-5473-6/17 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 4.37 10FT PRNT CORD:CMULLER OFFIC 195161 0915-5473-6/17 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 67.99 75FT HDMI CBLE:PD MONITORS 195162 0915-7497-6/15 1050 6220 EQUIP SUPPLIES&PARTS POLICE ADMINISTRATION 01000 05 67.99 75FT HDMI CBLE:PD MONITORS 195163 0915-7826-6/7 1050 6220 EQUIP SUPPLIES&PARTS POLICE ADMINISTRATION 01000 05 74.40 3 KEYBOARD/MSE:IT SPARES 195164 0915-2760-6/9 7400 6220 EQUIP SUPPLIES&PARTS INFORMATION TECHNOLOGY 07400 04 12.98 JULY'21 WEBSITE HOST 195165 5212-7351-6/28 2000 6505 20 EQUIPMENT REPAIR/MAINT-DBB HRA/ECONOM)C DEVELOPMENT 02000 03 .22 FPD OPEN HOUSE 2021 195166 6913-7646-6/7 1050 6570 PROGRAMMING EXPENSE POLICE ADMINISTRATION 01000 05 44.75 ARTS AND CRAFT FAIR 2021 195166 6913-7646-6/7 4502 6492 ADVERTISING RRC CAPITAL IMPROVEMENT F 04500 09 .99 JUN'21 ICLOUD STRGE SIEBENALER 195167 6913-9989-6/10 1014 6412 CELLULAR SERVICES COMMUNICATIONS 01000 01 66.98 TENNIS BALLS AND BALL BIN 195168 6984-2414-6/16 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 55.86 WATER FOR DEW RUN 195169 6964-5916-6/14 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 17.42 BANANAS FOR DEW RUN 195170 6984-4336-6/14 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 53.48 FIRSTAID KIT SUPPLIES 195171 6984-0039-6/10 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 518.49 THERMAL PRINTER:SQ#11 195172 0915-5942-6/11 1051 6960 FURNITURE,OFFICE EQUIP,IT PATROL SERVICES 01000 05 604.11 NEWDT LQ:FIREWALL 195173 0915-0688-6/11 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 38.86- 195173 0915-0688-6/11 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 104.52 NEWDT LQ:2 PATCHPANELS 195175 0915-0205-6/21 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 6.72- 195175 0915-0205-6/21 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 355.36 NEWDT LQ:FIREWALL 195177 6913-8918-6/28 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 22.86- 195177 6913-8918-6/28 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 128.56 NEWDT LQ:FIREWALL RACK 195178 0915-7838-6/28 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 8.27- 195178 0915-7838-6/28 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 14.52 NEWDT LQ:ETHERNET COUPLERS 195179 0915-9714-6/24 6110 7020 OTHER CONSTRUCTION COSTS DOWNTOWN LIQUOR REV&EXP 06100 02 .93- 195179 0915-9714-6/24 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 19.49 CINDY MULLER:CABLEMANAGMENTKIT 195180 0915-0331-6/14 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 16.99 CINDY MULLER:CABLE FLOOR COVER 195180 0915-0331-6/14 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 197.76 4 SQUAD PRINTER PWR ADAPTERS 195181 0915-1352-6/14 1051 6220 EQUIP SUPPLIES&PARTS PATROL SERVICES 01000 05 124.95 INK FOR IT BADGE PRINTER 195182 0915-8317-6/11 7400 6220 EQUIP SUPPLIES&PARTS INFORMATION TECHNOLOGY 07400 04 16.99 DSKTOP FAN FOR KATY G OFFICE 195183 0915-8682-6/15 1070 6220 EQUIP SUPPLIES&PARTS ENGINEERING SERVICES 01000 07 1,424.29 MAY'21 VERIZON DATA SERVICE 195184 6913-6709-6/18 7400 6412 CELLULAR SERVICES INFORMATION TECHNOLOGY 07400 04 41.50 MAY'21 CELL PHONE SERVICE 195184 6913-6709-6/18 2000 6412 20 CELLULAR SERVICES-DBB HRA/ECONOMIC DEVELOPMENT 02000 03 3,248.59 MAY'21 CELL PHONE SERVICE 195184 6913-6709-6/18 7400 6412 CELLULAR SERVICES INFORMATION TECHNOLOGY 07400 04 130.00 SKATERS ASSOC RENEWAL:WALL,J 195558 6984-6149-6/21 2502 6460 MEMBER DUES&LICENSURE ICE ARENA OPERATIONS EXPE 02500 09 99.00 SKATING INSTRUCTOR CERTFICATIO 195559 6984-4233-6/21 2502 6460 MEMBER DUES&LICENSURE ICE ARENA OPERATIONS EXPE 02500 09 17.25 LTS MEMBERSHIP FEE 195560 6984-0463-6/21 2502 6460 MEMBER DUES&LICENSURE ICE ARENA OPERATIONS EXPE 02500 09 70.00 LTS CHOREOGRAPHY CERT 195561 6964-3706-6/21 2502 6460 MEMBER DUES&LICENSURE ICE ARENA OPERATIONS EXPE 02500 09 321.80 FLIGHT:JUL CONFERENCE 195562 5212-0051-6/29 2000 6470 20 TRAINING&SUBSISTANCE-DBB HRA/ECONOMIC DEVELOPMENT 02000 03 350.00 CONFERENCE REGISTRATION 195563 5212-8238-6/29 2000 6470 20 TRAINING&SUBSISTANCE-DBB HRA/ECONOMIC DEVELOPMENT 02000 03 96.00 ANNUAL SFTWARE RENEWAL 195564 3082-0699-6/29 2000 6505 EQUIPMENT REPAIR/MAINTENANCE HRA/ECONOMIC DEVELOPMENT 02000 03 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 19 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 19.95 JUNTO EPERMITS PAYPAL FEES 195565 6913-4058-7/6 1031 6545 PYMT PROCESSING FEES BUILDING INSPECTIONS 01000 07 72.90 PUPPETS FOR PUPPET WAGON 195566 3544-6930-7/1 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 21.48 OUTLETADAPTERS 195567 3544-2958-7/2 1093 6220 EQUIP SUPPLIES&PARTS SENIOR CITIZEN SERVICES 01000 09 .99 JUL'21[CLOUD STORAGE 195568 6913-7798-7/6 1014 6412 CELLULAR SERVICES COMMUNICATIONS 01000 01 27.99 SAM D:ERGONOMIC MOUSE 195569 0915-8015-6/29 1030 6220 EQUIP SUPPLIES&PARTS PLANNING&ZONING 01000 03 25.89 SAM D:COMPUTER CASE 195569 0915-8015-6/29 1030 6220 EQUIP SUPPLIES&PARTS PLANNING&ZONING 01000 03 58.91 JUL'21 ZOOM SUB 195570 0915-8654-7/1 7400 6505 EQUIPMENT REPAIR/MAINTENANCE INFORMATION TECHNOLOGY 07400 04 75.00 JUN'21 TLO SUBSCRIPTION 195571 4021-6975-7/2 1052 6401 PROFESSIONAL SERVICES INVESTIGATION SERVICES 01000 05 66.90 KITCHEN SCRUBBER REFILLS 195572 4021-9757-7/6 1050 6242 CLEANING SUPPLIES POLICE ADMINISTRATION 01000 05 310.36 K-9 DOG HOUSE 195573 4021-9524-7/1 2200 6220 EQUIP SUPPLIES&PARTS K-9(EFF.2019) 02200 05 300.00 CONSTANTINEAU AMEM CONF 195574 4021-0012-6/30 1050 6470 TRAINING&SUBSISTANCE POLICE ADMINISTRATION 01000 05 615.00 CONSTANTINEAU AMEM CONF HOTEL 195575 4021-3752-7/2 1050 6470 TRAINING&SUBSISTANCE POLICE ADMINISTRATION 01000 05 6.37- TAX RETURN ON BANNRES MUSIC PA 195576 3544-2532-6/29 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 159.90 FIRE STATION FIRE STOP 195839 6133-2407-6/30 1060 6240 BUILDING SUPPLIES&PARTS FIRE SERVICES 01000 06 79.98- RTRN:TBALL EQUIPMENT 195864 6984-5409-7/16 1095 6570 PROGRAMMING EXPENSE RECREATION PROGRAM SERVIC 01000 09 12,033.31 20210801 8/2/2021 117968 EBSO 65,949.00 AUG-21 HEALTH INS PREMIUM 195657 9029-072951-1000 7000 6158 EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND 07000 02 65,949.00 20210802 8/2/2021 100085 DAKOTA ELECTRIC ASSOCIATION 34.39 JUN'21 ELEC TUNNEL LIGHT 195427 200005466327 1090 6422 ELECTRIC PARK MAINTENANCE 01000 09 JUN'21 1,514.90 JUN-21 ELEC PK LIQ STORE 195443 200003759891 6115 6422 ELECTRIC PILOT KNOB LIQUOR 06100 02 JUN'21 2,252.08 JUN'21 ELEC WELL#7 195528 200003490737 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 JUN'21 2,659.29 JUN'21 ELEC WELL#4 195529 200001318526 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 JUN'21 6,370.58 JUN-21 ELEC 9TH ST STREET LTS 195530 200001038421 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 JUN'21 120.90 JUN'21 ELEC VERM GROVE LS 195531 200003215779 6202 6422 ELECTRIC SEWER OPERATIONS EXPENSE 06200 08 JUN'21 3,374.06 JUN'21 ELEC WELL#6 195532 200001550151 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 JUN'21 600.25 JUN'21 ELEC WELL#8 195533 200004199709 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 JUN'21 24.48 JUN'21 ELEC DAISY KNOLL TOWER 195534 200001316518 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 JUN'21 2,726.44 JUN-21 ELEC WELL#5 195535 200002785533 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 JUN'21 160.61 JUN'21 ELEC 195TH WATER TOWER 195536 200002587095 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 R55CKS2 LOGIS600V CITY OF FARMINGTON 8/11/2021 8:40:03 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 20 7/1/2021 - 8/11/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Cc Dept Div JUN'21 5.00 JUN'21 ELEC CIV DEF SIREN 195551 200002260958 1054 6422 ELECTRIC EMERGENCY MGMT SERVICES 01000 05 JUN'21 5.00 CIVIL DEFENSE SIREN ELECTRIC 195552 200001982271 1054 6422 ELECTRIC EMERGENCY MGMT SERVICES 01000 05 JUN'21 405.08 JUN'21 ELEC FIRE STATN#2 195651 200003971959 1060 6422 ELECTRIC FIRE SERVICES 01000 06 JUN'21 20,253.06 20210803 8/2/2021 112399 DEARBORN LIFE INSURANCE COMPANY 1,266.04 AUG'21 STD INSURANCE PREMIUMS 195393 019639 AUGUST'21 7000 6158 EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND 07000 02 1,266.04 20210804 8/4/2021 100394 XCEL ENERGY 7.97 JUN'21 ELEC CIV DEF SIREN 195382 51-4874006 JUN'21 1054 6422 ELECTRIC EMERGENCY MGMT SERVICES 01000 05 7.97 20210805 8/5/2021 100394 XCEL ENERGY 7,000.50 JUN'21 ELEC NON-METER ST LTS 195372 51-4874005 JUN'21 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 6.91 JUN'21 ELEC CITY GARAGE 195372 51-4674005 JUN'21 1090, 6422 ELECTRIC PARK MAINTENANCE 01000 09 .66- 195372 51-4874005 JUN'21 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 4.14 JUN'21 ELEC CITY GARAGE 195372 51-4874005 JUN'21 1072 6422 ELECTRIC STREET MAINTENANCE 01000 08 2.76 JUN'21 ELEC CITY GARAGE 195372 51-4874005 JUN'21 6402 6422 ELECTRIC STORM WATER UTILITY OPERA 06400 08 10.33 JUN'21 ELEC CITY GARAGE 195372 51-4874005 JUN'21 6302 6422 ELECTRIC SOLID WASTE OPERATIONS 06300 08 102.21 JUN'21 ELEC CITY GARAGE 195372 51-4874005 JUN'21 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 12.43 JUN'21 ELEC CITY GARAGE 195372 51-4874005 JUN'21 6202 6422 ELECTRIC SEWER OPERATIONS EXPENSE 06200 08 154.12 JUN'21 ELEC ROUNDABOUT 195372 51-4874005 JUN'21 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 63.82 JUN'21 ELEC TRAFFIC SIGNAL 195372 51-4874005 JUN'21 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 57.65 JUN'21 ELEC LIFT STATIONS 195372 51-4874005 JUN'21 6202 6422 ELECTRIC SEWER OPERATIONS EXPENSE 06200 08 3,919.55 JUN'21 ELEC WELL#1&3 195372 51-4874005 JUN'21 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 44.85 JUN'21 ELEC DOWNTOWN ST LTS 195372 51-4874005 JUN'21 6602 6422 ELECTRIC STREETLIGHT UTILITY EXPEN 06600 08 11,378.61 20210806 8/6/2021 108980 MINNESOTA ENERGY RESOURCES CORPORATION 18.00 JUL'21 GAS 208TH ST WARM HOUSE 195428 0506537561 JUL'21 1090 6423 NATURAL GAS PARK MAINTENANCE 01000 09 18.00 20210807 8/3/2021 117955 VSP INSURANCE CO. 303.99 AUG'21 VISION INS PREMIUM 195863 812810565AUG'21 7000 6158 EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND 07000 02 303.99 Report to 830,411.39 APPROVALS: ffOYT BERNHJELM PEARSON PORTER WILSON CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 OFarmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Zoning Code and Zoning Map Amendments DATE: August 16, 2021 INTRODUCTION At the April 12th Joint CC/PC Work Session, staff presented the key recommended updates to the Zoning Code and the Zoning Map. The updates affect Title 10 (Zoning) of the City Code, including Chapter 5 (Districts and District Provisions), Chapter 6 (Performance Standards), and Chapter 2 (Definitions).These portions of the Zoning Code are proposed to be updated to align with updates within the 2040 Comprehensive Plan,which was adopted in 2019, as well as other planning documents that have been recently approved (e.g. Downtown Redevelopment Plan and the Trunk Highway 3 Corridor Small Area Plan). M N state law requires that a city's Zoning Code be consistent with its Comprehensive Plan. This memorandum is intended to provide a brief summary of the key updates to help you understand the big picture of this project and help draw your attention to the most significant updates. DISCUSSION Summary of Key Updates Restructuring of Zoning Districts In the previous 2030 Comprehensive Plan, the Land Use Plan chapter used the City's zoning districts as the land use categories. As a best practice, land use categories are typically higher level and more general than zoning districts. A key update within the 2040 Comprehensive Plan was to establish new land use categories. As a result, the City's zoning districts are in need of significant restructuring to align with 2040 Comprehensive Plan's land use categories. As part of restructuring the zoning districts,the current zoning districts were evaluated and opportunities were identified for consolidating, simplifying, and eliminating districts where appropriate.The key updates to zoning districts include the following: 1. Downtown residential districts (R-D and R-T) consolidated into a single R-D district; 2. R-5 district renamed to R-4, since the previous R-4 district had been eliminated in the past; 3. Business districts consolidated by eliminating the B-4 district and consolidating it into other appropriate districts; 4. Mixed use districts (MU and MUCR)consolidated into a single MUCR district; 5. Industrial districts (1-1 and I P)consolidated into a single I district; 6. B/CF district converted to MUCI district to align with new MUCI land use category in the Comprehensive Plan; 7. Spruce Street Commercial (SSC) district transitioned to Spruce Street Mixed Use (SSMU) district to reflect the mix of uses allowed and being developed in that district; Planned Unit Development(PUD) Overlay District The proposed updates to the PUD are intended to simplify and condense this overlay district for easier interpretation and implementation by the development community and city staff. These changes help to clarify and streamline the Planned Unit Development process and make it more criteria based. Design Standards in Chapter 6 The three sets of design standards located in Chapter 6 have been relocated to Chapter 5 as part of the appropriate base or overlay zoning district as follows: 1. Industrial Park Design Standards (10-6-20) —added to the proposed consolidated Industrial district (10-5-17); 2. Spruce Street Commercial, Mixed Use, and Business/Flex Design Standards (10-6-21) —converted into the new SS-0 Spruce Street Overlay District(10-5-24); 3. Downtown Commercial Overlay District Design Standards (10-6-28) — relocated to Chapter 5 with the other overlay districts. Some of these design standards related to screening and landscaping are general standards,so have been relocated to either the Screening (10-6-9) or Landscaping (10-6-10) sections in'Chapter 6. As a result of relocating these design standards, sections 10-6-20, 10-6-21, and 10-6-28 can be eliminated from the Zoning Code. Downtown Redevelopment Plan As recommended by the Downtown Redevelopment Plan,the following updates are proposed: 1. Changes to the DC-O Downtown Commercial Overlay District standards; 2. Expanded the boundary of the overlay district; 3. Specific rezoning of parcels in the downtown area. Trunk Highway 3 Corridor Small Area Plan As recommended by the Trunk Highway 3 Corridor Small Area Plan,the following updates are proposed: 1. Created the new HW3-0 Highway 3 Overlay District; 2. Added the overlay district to the Zoning Map; 3. Specific rezoning of parcels in the Highway 3 corridor. Off-Street Parking Standards The primary focus was reviewing and updating the Required Parking Spaces table, Shore Land Management Regulations This section of has been updated to align the City's shore land management regulations with the Minnesota DNR model ordinance. The most substantive changes to point out with this proposed amendment is in regards to Special Provisions for Planned Unit Developments (PUDs). Zoning Map The proposed changes to the Zoning Map shown are primarily based on guidance from the 2040 Comprehensive Plan's Future Land Use Map, the Downtown Redevelopment Plan, and the Trunk Highway 3 Corridor Small Area Plan. The two new overlay districts —SS-0 and HW3-0 —are shown on this map. The DC-0 overlay district is shown as a change because the boundary of the district is being expanded east to 5th Street. Proposed Code Amendment Attachments Attached to this memorandum please find the following proposed amended code sections: Title 10, Chapter 2- Definitions Title 10, Chapter 5- Districts and District Provisions, which includes all of the base districts and overlay districts Title 10, Chapter 6, Section 4—Off-Street Parking Title 10, Chapter 6, Section 9—Screening Title 10, Chapter 6, Section 10- Landscaping Title 10, Chapter 6, Section 18—Shore Land Management Regulations ACTION REQUESTED Review and adopt the attached ordinances approving the amendments to Title 10 of the city Code and adopting the new official zoning district map. ATTACHMENTS: Type Description D Ordinance Code Amendments Ordinance part 1 D Ordinance Code Amendments Ordinance part 2 D Ordinance Zoning Map Ordinance Backup Material Zoning Change map © Backup Material Zoning Map D Backup Material Comp Plan Map CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 021 -76 AN ORDIANCE AMENDING TITLE 10 CHAPTERS 2 AND 6 OFTHE CITY CODE THE CITY COUNCIL OF THE CITY OF FARM INGTONORDAINS: SECTION 1. Title 10, Chapters 2 and 6 of the Farmington City Code is amended as follows (deleted text is StFUGk and added texted is underlined): TITLE 10 Zoning Chapter 2 DEFINITIONS '10-2-1 ZONING DEFINITIONS: Terms not defined in this chapter shall have the meanings customarily assigned to them as a matter of usage. The defined words which follow shall be interpreted accordingly: A-FRAME SIGN: A portable two (2) sided sign, often commonly referred to as a sandwich board sign, at two feet (2') in width and three feet (3') in height. ACCESSORY APARTMENT: A dwelling unit which is subordinate to a permitted principal one-family residence in terms of size, location and appearance and located on the same lot therewith. ACCESSORY STRUCTURE: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure including, but not limited to, an attached or detached garage, storage shed or gazebo. ACCESSORY USE: Any use customarily incidental and subordinate to the principal structure or use and located on the same lot. AGRICULTURE; AGRICULTURAL: The production of livestock, dairy animals, dairy products, poultry or poultry products, furbearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, or bees and apiary products. AGRICULTURE SERVICES: A use primarily engaged in the repair or rental of farm tools and implements, feed, grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements such as tractors and combines, but includes farm machinery repair services that are accessory to the principal use. ANIMAL CLINIC: An establishment where animals are treated and/or hospitalized by veterinarians. An establishment for the care, observation and treatment of small animals, including household pets. ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or create a special effect or scene. ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whip antennas. AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex of three (3) or more structures of ten (10) or more units, a shopping center consisting of three (3) or more separate structures, an industrial area consisting of three (3) or more structures or any combination of the above. AUCTION HOUSE: A place of business that conducts auctions on site. AUTO REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding and major painting service. i AUTO REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service; or minor automotive service including changing oil and transmission fluid. i AUTO SALES: The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use. AVERAGE BUFFER WIDTH: The average width of a buffer area within a single development lot or phase. AWNING: A canopy, hood, cover, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area intended for protection from the weather or as a decorative embellishment. ' BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges and intended to be displayed for a limited period of time. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. BASEMENT: This includes any area of a structure, including crawl spaces, having its floor below ground level on all four(4) sides, regardless of the depth of excavation below ground level. BEACONS: Any light with one or more beams, capable of being directed in any direction or directions or capable of being revolved automatically. 1 BED AND BREAKFAST: A structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic I compensation. i BED AND BREAKFAST UNIT: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. BENCH SIGN: A sign attached to or painted on a bench for seating. BILLBOARD: A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. i i BOARD: The board of adjustment established by this title. i BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment. I BOULEVARD TREE ROUTE: City designated route that includes major collector streets on the city's thoroughfare plan that are allowed to be planted with boulevard trees within the right of way. BOULEVARD TREES: Trees on land lying between the edge of curb and the property line within the i city or located in new developments on city approved boulevard tree routes. BREWERY: A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one- half of one percent alcohol by volume. BREWERY, SMALL; A brewery that produces not more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota statutes, as may be amended, BREWPUB: A small brewery with a restaurant use operated on the same premises as the brewery. BUFFER AREA: An undisturbed or reestablished vegetated area adjacent to a wetland that is an integral part of protecting the wetland ecosystem through filtering pollutants and providing adjacent habitat. BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this title have been met. i BUILDING: Any structure intended for the shelter, support or enclosure of persons, animals or property of any kind. BUILDING HEIGHT: The maximum possible distance measured adjacent to the building foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure. The exceptions are chimneys, flues, vents or similar structures that may extend two feet (2') above the specified maximum height limit. BUILDING LINE:A line parallel to a lot line or the ordinary high water level at the required setback, beyond which a structure may not extend toward the water. BUILDING SETBACK: The distance between the building line and the property line or, in the case of a shore land yard, the ordinary high water level, or in the case of a lot containing all or a portion of a wetland, the nearest edge of the wetland buffer area. Building setbacks may also be measured from the street edge or back of curb in instances where the yard space has a separate or common ownership i from the building or unit. This is typical practice with multi-family units such as townhomes. BUS TERMINAL:Any structure or land devoted principally to the servicing, fueling, repair, storage, or leasing of passenger buses. CANOPY TREES: Those species of deciduous trees with leaves that typically drop in the fall, that reach a height of thirty feet (30') to seventy feet(70') or taller at maturity and which are usually grown with lower limbs removed to preserve visibility. I CANOPY/WALKWAY: A permanent rooflike structure or cover which projects from the wall of a building, or projects over any entrance of a walkway. A marquee is not a canopy. CAR WASH: Any building or portion thereof used for the cleaning or washing of motor vehicles. i CEMETERY: A parcel or tract of land used for the burial of the dead including columbaria, crematoriums, mausoleums and mortuaries when operated within the boundaries of such cemetery. CERTIFICATE OF OCCUPANCY: A certificate issued by the building inspector for any structure built or change of use within any structure before it is occupied. CHILD DAYCARE CENTER, COMMERCIAL: A facility other than a private residence, receiving one or more minor children for regular shelter, care, activity and supervision where the parents or guardians are not immediately available to the child. CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship. CITY BOULEVARD: Area between property lines on either side of all streets, avenues, or ways within the city. CLINIC: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. A facility providing dental, medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services. CLUB: Any establishment operated for social, recreational or educational purposes but open only to members and guests and not to the general public. CLUSTER PLANTINGS: A grouping of three (3) or more plants installed in close proximity to one another. COCKTAIL ROOM: An area for the on-sale consumption of distilled spirits on the premises of or abutting a microdistillery and in common ownership to the producer, which may include sales of beverages produced and packaged at the microdistillery for off premises consumption as may be allowed by Minnesota statutes, as may be amended. COFFEE SHOP: A small restaurant and/or cafe where assorted drinks and food Items are sold to the general retail public. COMMERCIAL RECREATION, INDOOR: A commercial recreational use available to the general public that is completely contained within a building. COMMERCIAL RECREATION, OUTDOOR: A commercial recreational use available to the general public that is outside a building. COMMERCIAL RECREATIONAL USES: The provision of entertainment, games of skill or lessons to j the general public for a fee, including, but not limited to, dance and karate studios, golf driving range, archery, and miniature golf. COMMERCIAL SERVICES: Retail establishments that primarily render services rather than goods. Such services may include, but not be limited to, copy shops, printing services, package and postal service, photo processing, janitorial services and similar services. COMMERCIAL VEHICLE: Any vehicle used for commercial purposes including, but not limited to: trailers, motorized wheeled or tracked vehicles or vehicles displaying company signage, company logos, commercial equipment, fixtures or tools. i i l (A) Class I: Vehicles with a gross vehicle weight rating (GVWR) of more than eighteen thousand (18,000) pounds, or any of the following types of vehicles regardless of weight, including, but not limited to: semitrailers, the tractor portion of semitrucks, garbage trucks, tank trucks, dump trucks, flatbed trucks, tow trucks, cattle trucks, coach buses or school buses designed to carry more than twenty (20) persons or any similar vehicle. (B) Class fl:All vehicles other than class I commercial vehicles including pickup trucks, vans, trailers and school buses designed to carry twenty (20) persons or less. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), pager, and similar services that are marketed to the general public. COMMISSIONER: The commissioner of the department of natural resources. COMMUNITY SOLAR GARDEN: A solar electric array with multiple subscribers connected to the utility grid and where subscribers may purchase a portion of the power produced by the array and receive a credit on their electric bill. Utility customers within the community solar garden service area can consist of, but not be limited to, residences, businesses, local units of government, nonprofits and faith based organizations. CONDITIONAL USE:A listed specific type of structure or land use that may be allowed but only after review and with appropriate conditions or restrictions as provided in the zoning ordinance. CONDITIONAL USE PERMIT:A permit issued by the planning commission in accordance with procedures specified in this title as a flexibility device to enable the commission to assign dimensions to a proposed use or the conditions surrounding it after consideration of adjacent areas and their functions 3 and the special problems which the proposed use presents. CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. CONDOMINIUM UNIT: A portion of a condominium, whether or not contained solely or partially within a building, designated for separate ownership, the boundaries of which are described pursuant to I Minnesota Statutes Annotated section 515A.2-110. CONSTRUCTION SIGN: A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. CONVENIENCE STORE, WITH GAS: A small retail establishment that sells groceries, household items and gasoline intended for the convenience of the neighborhood, but does not include automotive service stations or vehicle repair. CONVENIENCE STORE, WITHOUT GAS: A small retail establishment that sells groceries and household items intended for the convenience of the neighborhood, but does not include gas pumps, automotive service stations or vehicle repair. 1 i CULTURAL AND EDUCATIONAL USES: Any person(s), partnership, association, corporation or other group whose activities are conducted for civic, cultural, educational or humanitarian motives and/or for i the benefits of others. Such uses may include, but are not limited to, schools, museums, art galleries, libraries or cultural or historic centers. i DATA CENTER: A centralized repository, either physical or virtual, for the storage, management, and dissemination of data and information pertaining to a business or businesses. DAYCARE FACILITY, IN HOME: A single-family dwelling in which a permanent occupant of the dwelling provides for the care of children or adults. Those receiving care are not all related to the occupant or to each other and are not the legal wards or foster children of the attendant adult. For the purpose of this title, such activities shall meet all requirements of home occupations. The home must meet all state standards for registration and inspections and not exceed state limits for number of clients. DECIDUOUS TREES: Those trees which drop all of their leaves annually, such as ash, maple, oak, linden, etc. DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises and other features, attached or functionally related to a principal use or site and at any point extending more than three feet (3') aboveground. DENSITY, NET: The number of dwelling units per acre excluding arterial road rights of way, wetlands, water features and other publicly dedicated improvements such as parks and/or stormwater ponds. DENTAL LABORATORY: A facility that produces dental restorations as requested by a licensed dentist. Dental laboratories may produce dentures, crowns, or other dental restorations such as implant crowns. DEVELOPMENT PROJECT SIGN: A temporary sign located on the site of a new development, listing owners, developers, builders and similar identifying information. DIMENSIONAL REQUIREMENTS: A minimum/maximum setback yard requirement or structure height or size established in this code. DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for nonindustrial use. DISTRICT: A specific zoning district as defined in the city zoning ordinance. DRAINAGEWAY: (A) Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff resulting from a twenty four (24) hour rainfall having a recurrence interval of once in five (5) years. (B) An altered watercourse is that which has been affected by manmade changes in straightening, deepening, narrowing, or widening the original channel. (C) An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area, which would be inundated by runoff resulting from a twenty four (24) hour rainfall having a recurrence interval of once in five (5) years. DWELLING: A building or portion thereof designed or used exclusively for residential occupancy, fncludir - ne-#ax++ly # o family an 4Nple-famiy-as dwelling units, but-not including hotels, motels, boarding or lodging houses. DWELLING, MAJ T-IPLE—F-AM4-=YAPARTMENT: A dwe"-building or group of dwellings-buildings on one lot containing five (5) or more separate dwelling units4orthree43)-or-rnor-e-#amlNes, having separate or joint entrances, and including apartments-row-14Guse6 and condominiums. DWELLING APARTMENT/ COMMERCIAL: A building designed for one (1) or more dwelling units as well as non-residential uses that are permitted in the zoning district to be located on the ground story, with all dwelling units sharing a joint entrance from the outside. DWELLING SINGLE °,"UNIT etached housing unit containing a single principal dw ling DWELLING SITE: A designated location_for residential use by one or more persons using temporary or movable shelter including camping and recreational vehicle sites. DWELLING THREE-TO FOUR-UNIT(TRIPLEX QUAD): A building containing three or four principal dwelling units on the same lot. DWELLING TOWNHOUSE: Single-fan#[# attached units in structures housing three (3) or more contiguous dwellings sharing a common wall each having separate front and rear entrances; the structures are a row-type house mea • es not to exceed sixteen (16) units in each structure. WELLING TWIN HOME: A building containing two (2) attached dwelling units side by side. that share common walls at the lot line and that are on separate lots DWELLING TWO-F ".I;�UNIT (DUPLEX): A housi wFun#building containing two (2) principal dwelling units on the same lot. DWELLING, QUAD: ° hGentaining, (4)-attached dwell+ng units, baGk to baGk, that share 6GMfn re en Separate lots. DWELL IT€: °-A designated residential ase by one eF re perseRs U tempoFar-y er DWELLING, TQVVNH01JS€: Single-family attached en+ts-in-s#u mere ssntiguGus-dwellings_;&h_a i - cGrnrxrOR wall, eaGh having separate front and reaF entranGes; the type-house as distingui-&ied from , net to e)(Geed sixteen { anitsT, ea sture. in-r-t- Into OF@ Geffiffien walls at the lot We and that of@ an sopa. DWELLING,INN PAA) FAMILY (DUPLEX): ° hGUSing-Unit Gontaining two (2) pr4RGipal dwelling units. ELECTION SIGN: A temporary sign which displays information pertaining to an upcoming governmental district, city, county, state or national election. EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. EQUIPMENT MAINTENANCE AND STORAGE FACILITY: A facility for maintenance, repair or storage of equipment on property owned by the owner of said equipment. i r ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam, water or other transmission or distribution systems; collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire and alarm systems, traffic signals, hydrants and similar equipment, but not including buildings. EVERGREEN TREES: Those trees that retain their leaves during dormancy, such as pine, spruce, juniper, yews, fir, etc. EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial materials, other nonmetallic minerals, and peat not regulated under MSA sections 93.44 to 93.51. FACADE: That portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and the entire width of the building elevation. FAMILY: One or more persons related by blood, marriage, adoption or foster parent relationships occupying a dwelling and living as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking facilities. Family does not include any society, fraternity, sorority, club, association or other like organization. FEEDLOT: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot l be maintained within the enclosure. For purposes of this title, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under this title. FLAG: Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. f FLASHING SIGN: An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use or any sign which, by mechanical means, appears to simulate a flashing sign. FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in inundation of normally dry areas. FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (� FLOOD FRINGE: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the "Flood Insurance Study For Dakota County, Minnesota,And Incorporated Areas". `•' FLOODPLAIN: The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by a regional flood. Floodplain areas within Farmington shall encompass all areas designated as zone AE and zone A on the flood insurance rate map. j j FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. i. FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. FLOOR AREA: The sum of the gross horizontal areas of several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls. 1 FOOD PROCESSING FACILITY: A facility that transforms raw ingredients into food or transforms food into other forms for consumption by humans or animals either in the home or by the food processing industry. i FUNCTIONAL VALUE INDEX: A number value from 0.1 to 1.0 given to a functional value for a wetland. i FUNERAL HOME: A building that provides facilities for funerals;a chapel for funeral services; rooms for viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before final services or cremation; rooms for preparation of bodies (embalming, cosmetic treatment and clothing of the deceased); display rooms and storage for caskets; garages for hearses and other equipment; and administrative offices. A funeral home may include family living quarters for the funeral director/owner. GARAGE, ATTACHED: An accessory structure of a principal structure which is intended for and used to store the private passenger vehicles and trucks not exceeding twelve thousand (12,000) pounds' gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on. Access to a garage requires a paved driveway. GARAGE, DETACHED: An accessory structure that is detached from the principal building with the ability to park a vehicle within the structure and that requires a garage door. The accessory structure is to be constructed of similar materials as the principal structure. GOLF COURSE: The land upon which individuals play the game of golf, with a green and a flag. The golf course may include a clubhouse, and various accessory buildings and related practice facilities and areas such as a driving range. GREENHOUSES AND NURSERIES, COMMERCIAL: A retail establishment for the growth, wholesale and/or display of plants, shrubs, trees and landscape material used in indoor and outdoor planting, conducted within or without an enclosed building. GROCERY STORE: A place of business established primarily for the retailing of food. I GROUND COVER: Low growing plants or turf grass installed to form a continuous cover over the ground surface. GROUP DAYCARE: A facility that provides nonmedical care for children or adults in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four(24) hour basis. GROUP DAYCARE CENTER, COMMERCIAL: Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods less than twenty four (24) hours per day, in a place other than the person's own home. Commercial group daycares include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and other"nonresidential programs" as defined by MSA section 245A.02, subdivision 10. GROUP HOME: A building or residence licensed by the state as a rooming or boarding house and that provides lodging, care and daily assistance for people that are unable to live independently, such as the elderly, mentally ill, or chemically dependent. f i HEALTH CLUBS: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. HOME OCCUPATION: An occupation or profession that is accessory to a residential use; carried on by a member of the family residing in the dwelling unit, clearly incidental and secondary to the use of the building for dwelling purposes. HOMEOWNERS`ASSOCIATION: An organization consisting exclusively of all unit owners which possesses certain powers and authority over common elements in planned unit developments, condominiums, townhomes or other property. HORTICULTURE: The growing of garden vegetables, small fruit, orchards, flowers and shrubs or trees. HOSPITAL: An institution providing health services primarily for human inpatient medical and surgical i care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities and staff offices that are an integral part of the facilities. HOTEL: A building in which there are more than eight (8) sleeping rooms offered with or without meals for compensation and open to transient or permanent guests where no provision is made for cooking in any individual room or apartment. ILLUMINATED SIGN: Any sign which has characters, letters, designs or outlines illuminated by artificial light directly to or from the interior of the sign. IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so 1 that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. IMPOUND LOT: Any structure or land devoted principally to the storage of impounded vehicles or recreational vehicles with or without an office on the premises for the release of those types of vehicles. The impounded vehicles need to be parked in a building or in the rear of a building and any outside parking needs to be one hundred percent (100%) screened. INTEGRAL SIGN: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone or made of bronze, or other permanent type of material and made an integral part of the structure. I INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row or block. INTERIOR PARKING LOT LANDSCAPING: Any landscape material located within a paved parking area planted with live plant material, such as trees, shrubs, ground cover, or turf grass. KENNEL, COMMERCIAL: Any place where four(4) or more dogs (male or female) over six (6) months of age, or more than ten (10) cats (male or female) over six (6) months of age, or more than ten (10) ferrets (male or female) over six (6) months of age, or any combination thereof, not including offspring under seven (7) months of age, are commercially kept, boarded, trained or offered for sale except when located in a pet shop or animal clinic. A kennel may include secured outdoor runs and/or play areas. KENNEL, RESIDENTIAL HOBBY: Any building, structure, enclosure or premises located on a residentially used property where four(4) or more dogs (male or female) over six (6) months of age are kept or maintained. LED MESSAGE SIGN: A sign that displays information, in a stationary or moving format, by passing electricity through light emitting diodes. LANDSCAPE MATERIAL: Such living material as trees, shrubs, ground cover/vines, turf grasses (sod), and nonliving material such as: rocks, pebbles, sand, bark, mulch, brick pavers and earthen mounds; 3 and/or other items of a decorative or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc. LANDSCAPED OPEN SPACE: All land within the property lines not covered by structures or sidewalks, drives, patios, pavement or similar surfaces. LANDSCAPING: Bringing the soil surface to a smooth finished grade, or designing the soil surface with berms, installing sufficient trees, shrubs, ground cover, grass, and other landscape materials to soften building lines, provide shade, promote positive environmental effects, and generally produce a pleasing visual effect on the premises. LIGHT MANUFACTURING: The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. { i LIMITED COMMERCIAL VENTURE: A commercial establishment conducted in a residential structure located on a residentially zoned parcel of land and in which the structure has been designated or determined eligible as a Farmington heritage landmark and/or is listed on the National Register for Historic Places. Such uses include Class I restaurant, catering centers, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or other uses deemed similar by the Zoning Administrator. LOADING BERTH: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise. LOT: A parcel of land occupied or capable of being occupied by one or more structures, having principal frontage on a public street and intended as a unit for transfer of ownership. LOT AREA: The area of a lot in the horizontal plane bounded by the lot lines but not including any area occupied by the waters of a lake or river or area which has been dedicated or intended as an easement i for a public thoroughfare or road. LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets. LOT, DEPTH OF: A mean horizontal distance between the front and rear lot lines. LOT FRONTAGE TREES: Trees installed on private property in the front yards of new developments by the developer per the development contract. LOT, MINIMUM AREA: The measurements of a lot computed exclusive of any portions of the right-of- way of any public thoroughfare. LOT OF RECORD: Any lot which individually or as a part of a subdivision has been recorded in the Office of the Register of Deeds of the County. LOT, WIDTH OF: The distance measured between lot lines parallel to the front lot line at the minimum t required front yard setback. i I i LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). MANUFACTURED HOME: A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards j established under United States Code, title 42. i MANUFACTURED HOME FOR FLOODPLAIN: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle". MANUFACTURING FACILITIES: Facilities used for the manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may or may not emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to: sawmills, refineries, commercial feedlots; acid; cement; explosives; flour, feed, and grain milling or storage; meatpacking and slaughter houses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster of paris; tanneries; automobile parts; paper and paper products; glass chemicals, crude oil and petroleum products including storage; electric power generation facilities; vinegar works; junkyard; auto reduction yard; foundry forge; casting metal products; rock, stone, cement products; lumberyards; machine shops; products assembly; sheet metal shops; plastics; electronics; general nonalcoholic beverages; signs and displays; printing; publishing; fabricated metal parts; appliances; clothing; textiles and used auto parts. MARQUEE: A rooflike structure projecting from and attached to a building. Any sign attached to, in any manner, or made a part of a marquee (i.e., theater marquees). MECHANICAL SALES, SERVICE AND REPAIR: Establishments primarily engaged in the sales, service and repair of tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment. Included in this use type is the incidental storage, maintenance and servicing of such equipment. MICRODISTILLERY: A distillery producing premium, distilled spirits in total quantity not to exceed forty thousand (40,000) proof gallons in a calendar year as regulated by Minnesota Statutes, as may be amended. MINERAL EXTRACTION: Any part of the process in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits exposed involving fifty thousand (50,000) cubic yards in a calendar year or, if the activity of removal will last more than one year. i MINISTORAGE UNITS: A building or series of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and/or household goods. MIXED USE BUILDING: A single building that includes office, retail, or commercial uses on at least one floor and residential apartments or condominiums on upper floors. I MODULAR HOMES: A factory built home constructed of prefabricated three-dimensional modules which are then delivered to a building site via separate transport and placed on a foundation in compliance with all Federal, local, and State building codes. The term does not include any structure that is affixed to a permanent chassis or is equipped with wheels and/or axles. MONOPOLE: A wireless communications tower consisting of a single pole or spire supported by a permanent foundation, constructed without guywires and ground anchors. MONUMENT IDENTIFICATION SIGN: A sign identifying by name a residential, commercial or industrial development which is attached to or supported by a monument structure which is freestanding on the ground, extending horizontally for a minimum of eighty percent (80%) of the entire length of the sign face. The sign shall be constructed of any one or combination of the following materials: brick, stone, decorative masonry, plastic, aluminum, colored metals, or decay resistive wood. MOTEL: A building or group of buildings used primarily as a temporary residence for motorists, tourists or travelers. MULTIPLE OCCUPANT SIGN:A sign identifying two (2) or more tenants of a building or shopping center. MUNICIPAL ENTRANCE SIGNS: A sign identifying the city name located along roadways at the borders of the city boundary. NATIVE GRASSES: Those species of perennial grasses other than those designated as noxious weeds by the Minnesota department of natural resources. 9 { NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT(NPOD): A discrete, geographically definable area containing at minimum twenty five (25) properties which have buildings, structures, and land linked historically through location, design, setting, feeling, and association. NEIGHBORHOOD SERVICES: Establishments primarily engaged in the provision of frequently or recurrently needed goods or services for household consumption, including, but not limited to, dry cleaning, laundries, tailorings, prepackaged food, household supplies, hardware and other commonly used services. NONCOMMERCIAL NURSERY: A place where trees, flowering and decorative plants and shrubs are grown on site which may be conducted within a building or without and where the items grown are not sold to the general retail public. I NONCONFORMING SIGN: Any sign which was lawfully erected and maintained prior to the adoption of this code which falls to conform to all applicable regulations and restrictions of this code. NONCONFORMING STRUCTURE: Any structure permitted by existing city ordinance prior to the adoption of provisions prohibiting such use in such location. NONCONFORMING USE: Use of land, building or structure which does not comply with all regulations of city ordinances governing the zoning district in which such use is located, adopted subsequent to the initiation of said use. NOXIOUS MATTER OR MATERIALS: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals. I i NURSING HOME: A licensed establishment having accommodations for the continuous care of two (2) or more invalid, infirm, aged convalescent patients or disabled persons who are not related. OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted or products sold. OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede, retard or change the direction of the flow of water. OFFICE: A facility used for conducting the affairs of a business, profession, service, industry or government. OFFICE SHOWROOM: A facility used for the conduct of a business that involves the display and sale of goods or merchandise on the premises. OFFICE WAREHOUSE: A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises. ORDINARY HIGH WATER LEVEL: The boundary of public waters and wetlands; an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water 3 7 level is the operating elevation of the normal summer pool. i ORDINARY HIGH WATER LEVEL SETBACK: The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road highway, property line, or other facility. i 1 ORNAMENTAL TREES: Low growing trees including those species of trees that reach a height between fifteen feet (15') to thirty feet (30'). OUTDOOR SALES: Intermittent buying and selling plus leasing and trading of goods, merchandise or materials where such goods are not enclosed within a building. OVERLAY ZONE: A mechanism which provides standards and guidelines for architectural, aesthetic and development controls within a designated zoning district which are more restrictive than those required by code within that district. PAINTED WALL SIGN: A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. I PARKING LOT:An off street, at grade, uncovered area, utilized for the temporary storage of motor !I vehicles. PARKS WITH FACILITIES: Parks that include playground equipment, shelter, ball field, hockey rink, soccer field, or any other similar type facility. PERFORMANCE STANDARDS: Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. i PERMITTED USE: A public or private use which conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations and performance standards of such district. PERSONAL AND PROFESSIONAL SERVICES: Nonretail services involving predominantly the handling of information or the performance of administrative services which may include services provided both on site and off site on a walk in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional services which include, but are not limited to: legal, psychology, and accounting services. PERSONAL HEALTH AND BEAUTY SERVICES: The selling of services that involve personal health and beauty care and treatment to clients on a walk in or appointment basis. These services include, but are not limited to: barbershops, beauty salons, nail salons, weight loss services, and tanning salons. PETROLEUM BULK STORAGE, Liquid gasoline, oil, fuel oil or kerosene stored in containers or in tanks aboveground outside of buildings. PLANNED UNIT DEVELOPMENT: A tract of land which contains one or more principal and accessory uses developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding district. PLANT COMMUNITY: In reference to plants, an interacting assemblage of plant populations sharing a given habitat. PORTABLE SIGN: A sign not attached to the ground and designed so as to be movable from one location to another. PRINCIPAL STRUCTURE: The main structure for that use to which the premises is devoted and principal purpose for which the premises exists. I PRINCIPAL USE: The main use to which the premises is devoted and the principal purpose for which the premises exists. PROJECTING SIGN: A sign displayed perpendicular to the surface of a building. PUBLIC BUILDING: Any building and/or structure owned or operated by a municipality, school district, county, state, or other governmental unit. PUBLIC GARDENS: Include botanic gardens, arboretums, historic landscapes, conservatories, and display gardens. These gardens focus on display, evaluation, conservation, and research of plants in landscaped and natural settings. PUBLIC INFORMATION SIGN: Noncommercial signs in the public interest identifying events or public information. PUBLIC PARKS AND PLAYGROUNDS: Any land owned or leased by the city for the use of the public for active or passive recreation. PUBLIC UTILITY BUILDING: An occupied structure, building or mechanical facility owned and operated by a public or private utility company which occupies less than five hundred (500) square feet of land area. PUBLIC UTILITY SERVICE: The providing of electric power, gas, landline telephone service, sanitary sewer and water, plus storm sewers, where appropriate, to the general public. I i f PUBLIC WATERS: Any waters as defined in MSA section 105.37, subdivisions 14 and 15. i PUMP SETBACK: The distance from the street right of way line to the centerline of the motor fuel station pump island measured as a perpendicular distance from the right of way. 3 PYLON SIGN: Any stationary, self-supporting sign not affixed to any other structure and supported by a pole(s). REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. The segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. READER BOARD SIGN: That portion of a sign used for removable letters and/or numbers to convey messages. REAL ESTATE SIGN: A temporary sign erected by a realtor or private individual for purposes of advertising for sale or lease a particular building and/or parcel of property. RECREATIONAL EQUIPMENT, SALES, SERVICE AND REPAIR: A use that sells, services and repairs recreational vehicles and equipment. RECREATIONAL VEHICLE:Any self-propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle built on a single chassis and four hundred (400) square feet or less when measured at the largest horizontal projection which is used for recreational purposes, including, but not limited to, recreational camping vehicles as defined by Minnesota Statutes Annotated 327.14 subdivision 7, boats, and off highway vehicles such as snowmobiles, trail bikes, motorcycles and other all-terrain vehicles. RECREATIONAL VEHICLE STORAGE FACILITY: Any facility and/or property utilized for the storage, either temporarily or permanently, of recreational vehicles on property not owned by the owner(s) of the recreational vehicle. RECYCLABLE MATERIALS: Materials that are separated from mixed municipal solid waste for the purpose of recycling as defined in the city's solid waste code, including, but not limited to, paper, glass, metals, automobile oil, batteries, cardboard, rubber (excluding tires and wood products). 1 RECYCLING FACILITY: A building used for the collection and processing of recyclable materials. Processing does not include end use manufacturing. The collection and processing of recyclable materials includes the preparation of material for efficient shipment or end users' specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting and shredding. REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study. ! I REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than two feet (7) above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from the designation of a floodway. Increases to the regional flood elevation (also referred to as the 1 percent annual chance flood elevation) caused by encroachments on the floodplain that result from the designation of a floodway shall be determined in one of the following ways: a) for zone AE areas, by using the appropriate value in the "increase (feet)" column for the"1- percent-annual-chance flood water surface elevation" from the respective data table in the document titled "Flood Insurance Study, Dakota County, Minnesota And Incorporated Areas" as adopted by reference in subsection 10-5-25(D)1 of this title; or b)for zone A areas, in accordance with the procedures spelled out in subsection 10-5-25(F)3 of this title. RESEARCH FACILITY: Any establishment where research and development are conducted related to activities such as the manufacturing or production of tangible personal property, including medical, j technical and scientific research. RESIDENTIAL PLANNED USE DEVELOPMENT: A use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. For example, residential apartments, manufactured home parks, timeshare condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five (5) dwelling units or sites. RESTAURANTS, CLASS I; TRADITIONAL: An establishment serving food in or on nondisposable i dishes to be consumed primarily while seated at tables or booths within a building and which does not serve liquor. RESTAURANTS, CLASS II; FAST FOOD CONVENIENCE: Restaurants where customers are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or to be taken to a table or counter to be consumed. RESTAURANTS, CLASS 111; WITH LIQUOR SERVICE: An establishment serving both food and alcoholic beverages, but in which the principal business is the sale of such beverages at retail for consumption on the premises. RESTAURANTS, CLASS IV; NONINTOXICATING: An establishment serving food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which has no on-sale liquor service. On-sale beer and wine permitted as regulated by this code. RETAIL SALES AND SERVICE: A use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. ROOFLINE, That line at which an exterior wall surface of a building structure departs from a vertical frame. SCHOOL, PRIVATE: Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the state of Minnesota for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source and including clinics as an accessory use that primarily serve or support employees of the school and their dependents. SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets compulsory education laws of the state of Minnesota for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit and including clinics as an accessory use that primarily serve or support employees of the school and their dependents. SCREENING: A method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, tree rows, berms, or other features. i SEASONAL PRODUCE STANDS: A temporary use for the purpose of selling seasonal produce. SEAT: When referred to in order to determine the number of parking spaces required for a use such as church, theater or stadium, a seat shall equal twenty two inches (22"). SEGREGATED CONDOMINIUM: The condominium consists of a single lot or group of lots within a plat. SETBACK: The minimum distance between the related front, side and rear setback lines. SEWAGE TREATMENT SYSTEM: A septic tank and soil absorption system or other individual or cluster type sewage treatment. SEWER SYSTEM: Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SEXUALLY ORIENTED BUSINESS: A sexually oriented arcade; sexually oriented bookstore; sexually oriented video store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented theater; escort agency; nude model studio; sexual encounter center; _. and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or"specified anatomical areas"which are capable of being seen by members of the public. (A) Specified Anatomical Area: Any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola; 2. Human male genitals in a discernible turgid state, even if opaquely covered. (B) Specified Sexual Activities: Includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3. Masturbation, actual or simulated; or 4. Excretory functions as part of or in connection with any of the activities set forth in f subsections (B)9 through (B)3 of this definition. i SEXUALLY ORIENTED BUSINESS -ACCESSORY: The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity €f and goods and/or services offered by the establishment. Examples of such items include the sale of G sexually oriented books or magazines, or the sale and/or rental of sexually oriented motion pictures. SEXUALLY ORIENTED BUSINESS - PRINCIPAL: The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following: (A) Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. ; (B) Escort Agency:A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. l (C) Establishment: Means and includes any of the following: 1. The opening or commencement of any sexually oriented business as a new business; 2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; 3. The addition of any sexually oriented business to any other existing sexually oriented business; or 4. The relocation of any sexually oriented business. (D) Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. (E) Nudity Or State Of Nudity: Is described as follows: 1. The appearance of a human bare buttock, anus, male genitals, female genitals, or 't female breasts; or 2. The state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. (F) Seminude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. (G) Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: 1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or 2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. (H) Sexually Oriented Arcade: Any place to which the public is permitted or invited wherein coin f operated or slug operated or electronically, electrically, or mechanically controlled still or motion F picture machines, projectors, or other image producing devices are maintained to show images i to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of"specified sexual activities" or"specified anatomical areas". i f i {l} Sexually Oriented Bookstore, Or Sexually Oriented Video Store: A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following: 1. 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe "specified sexual activities" or"specified anatomical areas". (J) Sexually Oriented Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features: 1. 1. Persons who appear in a state of nudity; or 2. 2. Live performances which are characterized by the exposure of"specified anatomical areas" or by"specified sexual activities"; or 3. 3. Films, motion pictures, videocassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of"specified sexual activities" or"specified anatomical areas". I (K) Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or"specified anatomical areas". (L) Sexually Oriented Massage Parlor: A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or"specified anatomical areas". (M) Sexually Oriented Motel A hotel, motel, or similar commercial establishment which: 1. 1. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of"specified sexual activities" or"specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or 2. 2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or i 3. 3.Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. a (N) Sexually Oriented Motion Picture Theater: A commercial establishment where, for any form of I, consideration, films, motion pictures, videocassettes, slides, or similar photographic l reproductions are regularly shown which are characterized by the depiction or description of "Specified sexual activities" or"specified anatomical areas". (0) Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heat bathing room used for the purpose of ii i i bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or"specified anatomical areas". (P) Sexually Oriented Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of"specified anatomical areas" or ' "specified sexual activities". SHED: An accessory structure customarily incidental and subordinate to the principal structure and used primarily for storage purposes. SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty percent (50%) of the structure setback. SHORELAND: Land located within the following distances from public waters: one thousand feet (1,000')from the ordinary high water level of a lake, pond or flowage; and three hundred feet (300') from a river or stream, or the landward extent of a floodplain designed by ordinance on a river or stream, whichever is greater. The limits of shore(ands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. SHRUBS: Any self-supporting, woody plant of a species that normally grows to an overall height of less than fifteen feet (16) in this region. SIGN: A name, identification, description, display, illustration, structure, device which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor surface or a piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or ' business. A sign shall be considered as a structure or part of a structure for the purpose of applying yard and height regulations. SIGN AREA: That area measured within the perimeter lines of the sign which bears the advertisement; or in the case of messages, figures, or symbols, including those attached directly to any part of a building. The sign area encompasses the extreme limits of the written message, representation, emblem or other display used to convey the message of the sign, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The area of the sign face with more than one sign face shall be computed by adding together the area of all sign faces readable from any one point. When two (2) identical sign faces are readable from any one point, both shall be computed. When two (2) identical sign faces are placed back to back, the sign area shall be computed by the measurement of one of the faces provided that both faces are not readable from any one point and the angle at which the two (2) sign faces are placed does not exceed forty five degrees (450). SIGN GRADE: The elevation or level of the ground at the place the sign is to be erected. SIGN HEIGHT: The height of a sign shall be measured from the base of the sign at the adjacent curb elevation to the top of the highest attached component of the sign. S SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of MSA section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the I director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. SINGLE OCCUPANT SIGN: A sign identifying one tenant of a building or in a development. SNIPE SIGN: Any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public property. i SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy. SPECIAL EVENT SIGN: A sign, temporary in nature and not permanently attached to the ground, announcing a special communitywide event or activity conducted by, sponsored by, or on behalf of the city of Farmington, or another governmental entity, or a charitable or a not for profit organization. SPECIAL RECYCLING ACTIVITY: Recycling activity associated with nonprofit community organization events or fundraisers which have obtained a special recycling activity permit pursuant to section 7-1-3 of this code. Each nonprofit organization shall be limited to four(4) 72-hour events per year. SPRUCE STREET COMMERCIAL DISTRICT: Area legally described as follows: Beginning at the point of intersection with the centerline of CSAH 50 and the centerline of CSAH 31 in the City of Farmington, Minnesota, County of Dakota; thence easterly from said point along said centerline of CSAH 50 to the point of intersection with the centerline of CSAH 50 and the centerline of Denmark Avenue; thence southerly from said point along said centerline of Denmark Avenue to the point of intersection with the centerline of the South Creek of the Vermillion River; thence westerly from said point along said centerline of the South Creek of the Vermillion River to the point of intersection the westerly line of Section 36, Township 114 North, Range 20 West; thence northerly from said point along said line of Section 36, Township 114 North, Range 20 West to the point of beginning. f STABLES AND RIDING ACADEMIES: Any structure and/or land use designed or arranged for the j boarding, training or riding of horses. STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having an average slope over twelve percent (12%), as measured over horizontal distances of fifty feet (50') or more that are not bluffs. STORABLE SWIMMING POOL: A pool with nonmetallic, molded polymeric walls or inflatable fabric walls constructed on or above the ground and is so constructed that it may be readily disassembled for storage and reassembled to its original integrity. STRAIGHT TRUCKS: A vehicle used to carry large or heavy loads that is nonjointed and is not a semitractor trailer truck. STREET: For purposes of this title, any reference to street herein shall mean any street or roadway, public or private, but not to include private driveways. f STREETS, PRIVATE: Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public. STREETS, PUBLIC: A public roadway, constructed within the boundaries of an officially deeded and accepted public right of way, which affords access to abutting property. STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, but not limited to, buildings, billboards, carports, porches, signs, retaining walls, decks and other building features, but not including sidewalks, drives, fences and patios. SUBDIVISION: Land that is divided for the purpose of sale, rent, or lease, including planned unit developments. SUBSTANTIAL IMPROVEMENT: Within any consecutive three hundred sixty five (365) day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent(50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (A) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 1 3 {B) Any alteration of a"historic structure", provided that the alteration will not preclude the { structure's continued designation as a"historic structure". SUPPLY YARD: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. TAPROOM: An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota statutes, as may be amended. THEATER: A facility devoted to showing of motion pictures or for dramatic, dance, musical or other live performance. Such facilities may include related services such as food and beverage sales and other concessions. I f TOE. OF THE BLUFF: The lower point of a fifty foot (50) segment with an average slope exceeding eighteen percent (18%). TOP OF THE BLUFF: The higher point of a fifty foot(50') segment with an average slope exceeding eighteen percent(18%). TOWER: Any ground or roof mounted pole, spire, structure or combination thereof taller than fifteen i feet (16), including supporting lines, cables, wires, braces, and masts, intended primarily for the E purpose of mounting an antenna, meteorological device, or similar apparatus above grade. I TOWER, MULTIUSER: A tower to which is attached the antennas of more than one commercial % wireless telecommunication service provider or governmental entity. �I TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this code. TRAFFIC DIRECTIONAL SIGN: A sign for the purpose of guiding vehicular and pedestrian traffic in a safe and convenient manner and which bears no advertising information. TRAVEL TRAILER AND BOAT STORAGE FACILITY: Indoor or outdoor facility for the storage of trailers, boats and other such recreational vehicles. TREES: Any self-supporting, woody plant of a species which normally grows to an overall minimum height of fifteen feet (15') in this region. i TRUCK TERMINAL: Any structure or land devoted principally to the receipt, transfer, short term storage, and dispatching of goods transported by truck. TURF: A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes. VARIANCE: (A) (A) A waiving by the board of adjustment of literal provisions of this zoning title. (B) A modification of a specific permitted development standard required in this title to allow an alternative development standard not stated as acceptable, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance. 3 VEGETATION, NATIVE: The presettlement group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. WALL SIGN: A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface less than fifteen inches (15') at all points. WAREHOUSE RETAIL:A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises that also contains a retail component that comprises less than thirty percent (30%) of the total floor area occupied. No outdoor display or storage is allowed with this use. WAREHOUSING FACILITY: A building and/or facility used primarily for the extended storage of goods and materials. WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, aboveground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters 4 than the normal structure setback. Examples of such structures and facilities include boathouses, t gazebos, screen houses, fish houses, pump houses and detached decks. WETLAND: Lands transitional between terrestrial and aquatic ecosystems, where the water table is usually at or near the surface or the land is covered by shallow water. Consistent with the WCA, wetlands are to be identified and delineated using the methodology set forth in the federal manual for tidentifying and delineating jurisdictional wetlands (interagency task force on wetland delineation, 1987). For purposes of this definition, wetlands must have three (3) of the following attributes: i (A) A predominance of hydric soils; I I t ii (B) Inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; (C) Under normal circumstances support a prevalence of such vegetation. (D) This definition does not include wetlands created from uplands either: 1) for stormwater storage and management purposes, or 2) by actions not intended to create the wetland and approved, permitted, funded or overseen by a public entity. WETLAND ALTERATION: Human induced actions that adversely impact the existing condition of a wetland or wetland buffer area, including grading, filling, dredging, dumping; cutting, pruning, topping, and clearing native vegetation; and discharging pollutants (except stormwater). Alteration does not include walking, passive recreation, fishing, farming, planting that enhances native vegetation, or other similar activities allowed under the Minnesota wetland conservation act. WETLAND EDGE: The line delineating the outer edge of a wetland. This line shall be established by using the 1987 corps of engineers (COE)wetlands delineation manual (environmental laboratory, 1987). WETLAND ENHANCE: To heighten the value of wetlands or wetland buffers with respect to the purposes of this title. WHOLESALE BUSINESS: A business which sells goods, equipment and materials by bulk to another business or final customer. WINDOW SIGN: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. YARD: A required open space on a lot which is unoccupied or unobstructed by a structure from its lowest level to the sky except as permitted in this title. The yard extends along the lot line at right i angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right of way line to a depth required in the setback regulations for the zoning district in which such lot is located. For lots that abut more than one street such as corner and through lots,there may be more than one front yard for purposes of calculating setbacks. Front yard setbacks shall apply to all yard spaces adjacent to a street right of way. Front yard setbacks for structures fronting on private streets shall be measured from the back of curb. YARD, REAR: The portion of the yard on the same lot with the principal building located between the } rear line of the building and the rear lot line and extending for the full width of the lot. YARD, SIDE: The yard extending along the side lot line between the front yard and the rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located. i ZONING DISTRICT: An area or areas within the limits of the City of Farmington for which the regulations and requirements governing use, lot size, buildable area and density are uniform. ZONING OFFICER OR ZONING ADMINISTRATOR: The person designated by the City Administrator to be the Zoning Administrator for the City of Farmington. (Ord. 002-469, 2-19-2002; amd. Ord. 002- i i i i i 477, 7-15-2002; Ord. 002-483, 12-2-2002; Ord. 003-485, 2-18-2003; Ord. 003-496, 7-7-2003; Ord. 004- 511, 7-19-2004; Ord. 004-513, 8-2-2004; Ord. 004-519, 9-20-2004; Ord. 005-526, 3-21-2005; Ord. 005- 530, 5-16-2005; Ord. 005-538, 7-5-2005; Ord. 005-542, 9-6-2005; Ord. 006-556, 5-15-2006; Ord. 006- 562, 9-18-2006; Ord. 007-573, 6-18-2007; Ord. 008-580, 3-3-2008; Ord. 008-582, 5-5-2008; Ord. 008- 583, 5-5-2008; Ord. 008-586, 9-15-2008; Ord. 008-596, 12-15-2008; Ord. 009-606, 7-20-2009; Ord. 009-607, 8-3-2009; Ord. 010-626, 9-7-2010; Ord. 011-635, 7-18-2011; Ord. 011-640, 11-7-2011; Ord. 014-669, 9-2-2014; Ord. 015-699, 8-17-2015; Ord. 015-700, 8-17-2015; Ord. 015-704, 10-19-2015; Ord. 018-737, 3-19-2018; Ord. 019-746, 5-20-2019) FA192 10-03.TXT TITLE 11 Zoning Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 11-5-1 ZONING MAP: A map entitled zoning map, city of Farmington, is hereby adopted as part of this title. All notations, references and data shown thereon are hereby incorporated by reference into this title. It remains on file at the office of the zoning officer. A reduced copy of this map shall be attached to and become a part of each zoning ordinance. It shall be the duty of the city planner to maintain said map, and all amendments thereto shall be recorded within ninety (90) days of official publication. Explanatory material for the zoning map includes the "Flood Insurance Study For Dakota County, Minnesota And Incorporated Areas prepared by the federal emergency management agency dated December 2, 2011, and the flood insurance rate map panels therein as adopted by reference in subsection 10-5- 25(D)1 of this chapter. This material is hereby adopted by reference, declared to be a part of this title and on file and available for inspection at the office of the zoning officer. (Ord. 011-640, 11-7-2011) 11-5-2 ZONING DISTRICTS: The city is divided into the following base and overlay districts shown by the district boundaries on the zoning map. The base districts are: j A-1 Agriculture R-1 Low density residential R-2 Low/medium density residential R-3 Medium density residential R-a-4 High density residential R T-Dewntewfl4rapz4ienalrnixed R-D Downtown residential B-1 Highway business B-2 Downtown business B-3#leav-)-General business B-4-Neigkbe04a9"U-sines SSMUS Spruce Street sernFner-sialmixed use BLiE�nessls9m-mersial-flexMUCI Mixed use commercial/industrial Mixed use MUCR Mixed use commercial/residential IP Industrial park a 1-I ndastr-ial P/OS Parks and open space The overlay districts are: PUD Planned unit development overlay Floodplain overlay DC-0 Downtown commercial overlay HW3-0 Highway 3 overlay SS-0 Spruce Street overlay (Ord. 002-469, 2-19-2002; amd. Ord. 002-472, 5-6-2002; Ord. 003-498, 9-15-2003; Ord. 005-526, 3-21- 2005; Ord. 009-613, 10-19-2009; Ord. 009-614, 10-19-2009) 11-5-3 DISTRICT BOUNDARIES: (A) District boundaries shown within the lines of the roads, streams and transportation rights of way shall be deemed to follow the centerlines. The vacation of roads shall not affect the location of such district boundaries. When the zoning officer cannot definitely determine the location of a district boundary by such centerlines, by the scale or dimensions stated on the zoning map or by the fact that it clearly coincides with a property line, he shall refuse action and the Board of Adjustment, upon appeal, shall interpret the location of the district boundary with reference to the scale of the zoning map and the purposes set forth in all relevant provisions of this title. (B) Where a district boundary line divides a lot of record into two (2) or more districts, any portion of the lot within fifty feet (50') of such division may be used for any use of either district as approved by the Board of Adjustment. (Ord. 002-469, 2-19-2002) 11-5-4 DISTRICT REQUIREMENTS: Except for planned unit developments, all buildings and uses in each district shall be subject to the requirements listed under chapters 3 through 6 of this title. Planned unit development standards may be applied to any residential district at the request of the landowner and at the discretion of the City Council. Where planned unit development standards differ from the original district standards, the planned unit development standards shall apply. (Ord. 002-469, 2-19-2002) 11-5-5 A-1 AGRICULTURE DISTRICT: (A) Purpose: The A-1 Agriculture District is intended to preserve the City's agricultural uses in order to protect farms-until-at--least 202, to maintain the City's small town character and to create an urban reserve for such time when there is a need for additional urban development and public utilities may be extended. (B) Bulk And Density Standards: 1. Minimum Standards: Lot area 40 acres Lot width 150 feet Front yard setback 50 feet Side yard setback 20 feet Rear yard setback 20 feet Height (maximum) 35 feet All standards are minimum requirements unless noted. 2. Accessory Structure Standards: Front yard setback 50 feet Side yard setback 20 feet Rear yard setback 20 feet All standards are minimum requirements unless noted. 3. Additional Accessory Use Standards: (a) Feedlots, fenced runs, pens and similar intensively used facilities for animal raising and care shall not be located within three hundred feet (300') of a neighboring property. I (b) Roadside stands used exclusively for the sale of locally grown agricultural products shall be permitted if: (1) They are erected at least fifty feet (50') from the nearest edge of roadway surface. (2) Parking space is provided off the road right-of-way. (Ord. 002-469, 2-19- 2002) i (C) Uses: 1. Permitted: (a) Agriculture. (4G)L��BwelliRg6,s+ gleSingle-familyunit. detached dwelling. (d (c) Greenhouses and nurseries, commercial. (e)(d) Public parks and playgrounds. (f)(e) Recreational vehicle storage facilities. (g) f�Seasonal produce stands. (#LgL_Specialized animal raising facilities. @LW Truck gardening. 2. Conditional: (OLa)_Agricultural services. (G)LIa_Cemeteries. -�herGbes-. (e)LcL_Commercial recreational uses. (%q) Community solar gardens. (g (e) Equipment maintenance and storage facilities. (k f�Feedlots. (+)(g) Golf courses. _Mineral extraction. NfiL Places of worship. (4fil_Public and parochial schools. (n)(k) Public buildings and facilities. "flh_Public utility buildings. (a)LmLStables and riding academies. (O(n) Towers. 3. Accessory: a) Accessory apartment. (a3L�J__Accessory structures. (c) Daycare facilities. in home. (d) Home occupations. (e) Kennels, residential hobby. (b)----- (G) Solar energy systems. 4. Interim: (a) Soil pulverizing operation. (Ord. 018-737, 3-19-2018) 11-5-6 R-1 LOW DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-1 Low Density Residential District provides for existing and future-low density single-fa*Iyresidential development with full pude utiWessingle-unit detached dwellings on larger lots. (B) Bulk And Density Standards: 1. Standards: Lot area: Single-familyunit detached 10,000 square feet dwelling Other 17,000 square feet Lot width 75 feet Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Height (maximum 35 feet Maximum lot coverage of all 30 percent structures Net dwelling units per sre i.0 3 5 All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages: Lots up to 0.5 acre Lesser of 1,000 square feet or square feet of principal structure Lots 0.5 to 1 acre Lesser of 1,250 square feet or square feet of principal structure Lots 1.0 acre + Lesser of 1,500 square feet or square feet of principal structure Storage shed 240 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback 6 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line. i (C) Uses: 1. Permitted: (a) Agriculture. M(b) D.ve�.�,..^gs,-6Single-fan4ityunit .detached dwelling. (d)(c) Group daycare, twelve (12) orless-fewer persons. (d) Group home, six (6) or less-fewer persons. (e) Manufactured home. (f) Public parks and playgrounds. (Ord. 002-469, 2-19-2002) 2. Conditional: (a) Bed and breakfast. (b) Cemeteries. } —G�es- A(c) Golf courses. (d) Limited commercial venture. (e) Places of worship. (f) Public and parochial schools. (g) Public buildings. (h) Public utility buildings. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002; Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory structures. (b) Daycare facilities. in home. (b)(c) Home occupations. (e)f�L_Solar energy systems. (Ord. 002-469, 2-19-2002) 11-5-7 R-2 LOWIMEDIUM DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-2 lowLow/rned+um Medium den&it)vge nsit resideetial-Residential district District provides for a mix of low and medium density residential development including single- unit and two-unit dwellings on smaller lots.is inter} existing-de F,4opmd I developmeRt that is se . (B) Bulk And Density Standards: 1. Standards: Lot area: Single-fam4yunit detached 6,000 square feet dwelling Twin home dwelling 1;8085,500 square feet ep r unit I i Two-fam;I tunit dwelling 11,000 square feet (5,500 square feet per unit Other 11,000 square feet Lot width*: Single-unit detached 60 feet dweIIingS,iagle-family Twin home dwellingTwin 37.5 feet home Two-unit dwellingTwo- 75 feet family Other 75 feet Front yard setback 20 feet Side yard setback 6 feet (or 0 feet for shared wall) Single-family 6 feet Twin me 64eet an0 fee Twe-family 6 feet Rear yard setback: Single-familyWith alley 6-10 feet Twin herneWithout alley 6 feet Two-fancily 6-feet Tawnhause 10 feet Height (maximum) 35 feet Maximum lot coverage of all 35 percent structures Net-dwelAng- R4s-per--asr-e ( +nim- -raa -rn) Single-fancily 3.5 -6.9 Twin hGme 3.5- 6:0 -T-we-family 3.5-6. *Corner lots shall have a minimum lot width of the standard listed plus the front yard setback All standards are minimum requirements unless noted. (Ord. 012-650, 10-15-2012) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages: Lots up to 0.5 acre Lesser of 1,000 square feet or square feet of principal structure Lots 0.5 to 1 acre Lesser of 1,250 square feet or square feet of principal structure Lots 1.0 acre + Lesser of 1,500 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback: With alley 10 feet Without alley 3 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line. (C) Uses: 1. Permitted: (b)(a) Dwellings,si eSingle-faFa4unit detached dwelling. (OUb_Bwellings,twin Twin home dwellin . {d)LcL_Owe#Oos tweTwo-fara+tyunit dwelling. I (e}f!qLGroup daycare, twelve (12) or less fewer persons. (e) Group home, six (6) or less-fewer persons. (f) Manufactured home. (g) Public parks and playgrounds. (Ord. 012-650, 10-15-2012) 2. Conditional: (a)-- (oLaLBed and breakfast. {�( _Cemeteries. (dam--(;hUFGhe6. W(c) Clinics. (#)(d) Funeral homes. (g)LeL_Group homes, commercial. (N(f) Hospitals. #)(g) Limited commercial venture. 0) Nursing homes (h) Places of worship. Noi Public and parochial schools. ( M_Public buildings. Lk)__Public utility buildings. (rn)(1) Senior care facilities. (Ord. 012-650, 10-15-2012; amd. Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory apartment. {a)L�J_Accessory structures. (c) Daycare facilities, in home. N(d) Home occupations. (G)fgL_Solar energy systems. (Ord. 012-650, 10-15-2012) 11-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-3 nned+urn-Medium dens.'-Density fesidenfiat-Residential d+st-rist-District de-&ignates areas of the Git provides for medium density residential development with attached housing types Of WWRhornes an n home ueits-in areas with convenient access to jobs, services, public facilities and transit and that are q_erved �.yith. f.0-pbliG utilities and Pi resident density ef between 6.0 d 12.0 units-per anti. (B) Bulk And Density Standards: 1. Standards: Lot area: Twin home, two-unit, and 5,500 square feet three-to four-unit dwellin sep r unit i I Townhouse dwellings and 15,0093,000 square twin--home-units feet per unit Other 17,000 square feet Lot width*: Twin home, two-unit, and 37.5 feet per unit three- to four-unit dwellings fTownhouse dwellings 4-00-24 feet per unit Townhouse and Win-home units Other Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Height (maximum) 45 feet Twig home 45 feet Maximum lot coverage of all 30 percent structures (mieimurn—rnaxirntiml *Corner lots shall have a minimum lot width of the standard listed plus the front Yard setback All standards are minimum requirements unless noted. (Ord. 012-651, 10-15-2012) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lesser of 1,000 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback 3 feet With alley 10 feet theta alley 3 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line. (C) Uses: 1. Permitted: (a) ewe i as Twin home dwellings (b) Two-unit dwellings (c) Three-to four-unit dwellings. {WL41_Bwell+�+gs tTownhouse dwellings. (G) - . ())Group daycare, twelve (12) or less persons. W(f) Group home, six (6) or less persons. {#3(g) Public parks and playgrounds. (Ord. 012-651, 10-15-2012) 2. Conditional: (a) Ghi FGhes (b)(a) Group daycare, thirteen (13) to sixteen (16) persons. (s)�Group home, seven (7)to sixteen (16) persons. (d)Lc)_Group homes, commercial. WL4)_Limited commercial venture. (q MaRufaGtUred ex►es: (e) Places of worship. (g) f�Public and parochial schools. (ta)Lq)_Public buildings. (h) Public utility buildings. (i) Senior care facility._(Ord. 012-651, 10-15-2012; amd. Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory structures. b) Daycare facilities. in home MLcl_Home occupations. (OkM_Solar energy systems. (Ord. 012-651, 10-15-2012) 4 GH DENSITY RESIDENTIAL DISTRICT! (-'-ccsp. by--Qrd—. 0 i9-613,, 1-0 19 280-9) 11-a-1011-5-9 R-5-4 HIGH DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-5-4 high-High der Density residential-Residential distFiGt District areas of Gityprovides for high density residential development Of-with attached and multiple- family unit dwellings-opaFtme^+c ^ es, ets-)housinq types in areas with convenient access to jobs, services, public facilities and transit and that are c2=ru=Ld-AA1*th full-pablis utilities and a residential density of rnere than 12.0 unit6 per aGFe. (B) Bulk And Density Standards: 1. Standards: Lot area: 40,00 square Foot Townhouse and three-to 2,400 square feet per four-unit dwellings unit Apartment dwellings 1,100 square feet per unit Other 40,000 square feet Lot width: 400 feet Townhouse and three-to 24 feet per unit four-unit dwellings Apartment dwellings 100 feet Other 100 feet Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Height (maximum) 45 feet Maximum lot coverage of all 30 percent structures Mei dwelling nii"er-act'e 12.0 All standards are minimum requirements unless noted, (Ord. 009-610, 10-19-2009) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lesser of 1,000 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback 6 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line. (C) Uses: 1. Permitted: (a) Townhouse dwellings. (b) Bwell+ngsApartment dwellings-, mu4-fa-naily. (b - (c) Group daycare, twelve (12) or less persons. (d) Group home, six (6) or less persons. (e) Public parks and playgrounds. (Ord. 002-469, 2-19-2002) 2. Conditional: MLa)_Child daycare center, commercial. (G) C;h FGhoS. {d)LI?I_Clinics. fe)LcL_Clubs. {�!d) Funeral homes. kMLej_Group daycare, thirteen (13) to sixteen (16) persons. N f _Group home, seven (7) to sixteen (16) persons. ki} g) Group homes, commercial. @L} Hospitals. Nfi)_Limited commercial venture. {�}��AJrsfg hen}es Places of worship. km)(k) Public and parochial schools. N(l) Public buildings. (m) Public utility buildings. kG)!n) Senior care facility._(Ord. 002-469, 2-19-2002; amd. Ord. 003-484, 1-21-2003; Ord. 014-669, 9-2-2014) 3. Accessory: a) Accessory apartment. {a)L�L_Accessory structures. (c) Daycare facilities. in home. kWfa LHome occupations. kG)LeL_Solar energy systems. (Ord. 002-469, 2-19-2002) 4444 IUQML-MXED ; ��a-#arm 669 Tewnhe�se Mt�l#i-far icy 12.0+ All san�ardc�,�r,iAfn}+ er+eRts unless r1eted. (QFd. 09 610, 10-19 2009) -be-lesated behiRd pFiRsfpal StFUGtUF8 in the side yard aGGerding to the fo ng require.m. eats MaxImi im circ• DetaGhge6 Lesser of !,V tfire square ^y feet-BfpFin6;pal 6truGture Storage-shed Inn square foo+ Apartment 47909 square feet Building permit quer 20 l36i+ld+ng-material The defashed garage shall de pFinsipal stFUstUre not ever approved lot GoveFagee Side yard 6e#bask3 feet ear yard setback With alley 10 feet Without alley Meet Height (maximUM) storage shed 12 feet Height (maximum) etaGhed 20 feet lege All standards are minom ieRt6 URIess noted. (Ord. 015 693a, 4 20 2015) urn front yard Getbar--k for;all la.nd }anent to FF}{nor artereal streets s -5 na"e4+fty4eet01) mAhe-planne"gf�vay--4t-ene: User. . Perna4ted: (a3--Dayoale-fasil+ties F-b)-----©we41f�►gs;-si�gte-#a�+l�: (G) Group dayGaFe, t 1ve4424-Gr4ess-PerssR (d) GFE)up home, six (69) oF less persePs-. (e o,,hlicparks aed pl � 2. l: (a) Bed and breakfast. (b) -- GhUF-shes. (G)- G-I Ai (d) Olubs- (f) Dwellings, townhouse. (g) Dwellings, tWiR e. (hTh)Dwellings,two-far4i . i (U) of.o 0) Publis buildings. (M) PUb1iG utility buildings. (QFd. 002 469, 2-19 2002; a.m.d. Ord. 002 483, 12 2-2002,0 Ord:014-6&9;-9-229 4) 3. AGGessery: C� ' (hb)eme essugafion-,. (G) Selar energy systems. (Ord. 002 469, 249 2002) 1a-5-411-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT: (A) Purpose: The R-D dowstowrr Downtown residential Residential district District recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The purpose-ef-the-R-D district is intended to accommodate existing single-unit, hinhor� two-family-unit and multi f unit residential development and promote infill of 6ingle-farad two family and multi family ry-resid ]-development and redevelopment with a mix of housing types within--the-dewr}tewn-area-in order to strengthen the downtown, create pedestrian friendly neighborhoods, and decrease the need for automobile use through mixed uses. (B) Bulk And Density Standards: 1. Standards: Lot area: Minimum 6,000 sgUare4eet Ma im m 14,4 00 square feet Single-fa+xnll-yunit detached 6,000 square feet dwelling Twin home, two-unit, and i!,0005, 000 square three-to four-unit feetep r unit dweIIingsTw o family Townhouse dwellings 2,400 square feet per unit Apartment dwellings 1 100 square feet per unit Other 11,000 square feet Lot width: Single-fam4unit detached 60 feet dwellin Twin home, two-unit, and 7-5-37.5 feetep r unit three- to four-unit dwellin sTwe-family Townhouse dwellings 24 feet per unit Apartment dwellings 60 feet Other 75 feet i Front yard setback 20 feet Side yard setback 5-6 feet Rear yard setback: 64eet With all 10 feet Without alley 6 feet Height (maximuml 35 feet Maximum lot coverage of all 35 percent structures Net welt+Ag r1+i s per Twin he 7,0 Twe-# 4Y 6-..0 Townhouse Mt►I�y 12.0} All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lesser of 1,000 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 3 feet Rear yard setback: With alley 10 feet Without alley 3 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) (C) Uses: 1. Permitted: (a) Bwelling_s;-sSingle-far +lyunit detached dwellings. (b) Dwell ome dwellings (cl nas-tTwo-fmiht�unit dwellings,. !ham (s)(d) _Group daycare, twelve (12) or less persons. (e) Group home, six (6) or less persons. (4) . WLca_Public parks and playgrounds. (Ord. 002-469, 2-19-2002) 2. Conditional: (a) Bed and breakfast. i (b) Shur-rhes. (OLU _Clinics. (d)LcL_Clubs. (d) 9Townhouse dwellings-tewnhffi&e, (e) Bwe444gsApartment dwellings, • twin i (f) Funeral homes. (4)(g) Group daycare, thirteen (13) to sixteen (16) persons. (})(h) Limited commercial venture. (i) Offices. (k)(I) Places of worship. (I)LU_Public buildings. (m)(1) Public utility buildings. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002; Ord, 014-669, 9-2-2014) 3. Accessory: (a) Accessory structures. b) Daycare facilities. in home (W(c) Home occupations. (OfM_Solar energy systems. (Ord. 002-469, 2-19-2002) 11-5-1311-5-11 B-1 HIGHWAY BUSINESS DISTRICT: (A) Purpose: The B-1 Highway Business District is intended to provide Psskets-nodes of GonV8R*eese4yi4ecommercia1I uses along major t-hereughfares roadways that are both pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic. (B) Bulk And Density Standards: 1. Minimum Standards: Lot area 10,000 square feet Lot width 75 feet Front yard setback 30 feet Side yard setback 10 feet Rear yard setback 10 feet Minimum side and rear yard abutting any residential district: Off street parking and 10 feet access drives Public and semipublic 35 feet buildings Recreational, 50 feet entertainment, commercial and industrial uses Height (maximum 35 feet Maximum lot coverage of all 25 percent structures All standards are minimum requirements unless noted. (Ord. 015-706, 10-19-2015) (C) Uses: 1. Permitted: (a) Animal clinics. (b) Clinics. (c) Clubs. (d) Coffee shops. (e) Commercial services. W f�Commercial recreational uses. {f))(g) Convenience store, without gas. (M(h) Data centers. {f� ) Health clubs. 0)(i) Hotels. {@(k) Motels. NflL--Offices. (I)Lm) Personal and professional services. (ni)(n) Personal health and beauty services. NLo)__Recreation equipment sales/service/repair. {e)(p) Restaurants, Class I, traditional. W q)_Retail facilities. 2. 6-AiResser, sees 3-.2. Conditional: (a) Auction houses. (b) Aute repair, miner. Auto sales. (4)LI?I_Brewpubs. W(c)Car washes. (f)(d) Child daycare center, commercial. (Q)Le)_Convenience store, with gas. N(f) Dental laboratories. (+)(q) Grocery stores. (})(_Group daycare centers, commercial. N(i) Hospitals. (O(i) Kennels, commercial. (m) Nwr-si g h "(k) Outdoor sales. (e)(1) Public buildings. ( LmLPublic utility buildings. (q)(n) Restaurants, Class II, fast food, convenience. koLo)_Restaurants, Class III, with liquor service. (s)(p_Restaurants, Class IV, nonintoxicating. (g) Senior care facility. (4(r) Solar energy systems. M(s) Supply yards. MJ_Theaters. (v+)(u) Wholesale businesses. 4.3. Accessory: (a) Parking lots. (a)(b) Sexually oriented businesses - accessory. (Ord. 018-737, 3-19-2018) 11 5-1411-5-12 B-2 DOWNTOWN BUSINESS DISTRICT: (A) Purpose: The B-2 dewetewn Downtown business Business distr+Gt District identifies a variety of general commercial and higher density residential uses for the downtown area in order to expand and strengthen the downtown as the primary commercial district for the city, create a pedestrian friendly downtown, and promote the city as a cultural center. Objectives of this district are to preserve historical buildings, require high design standards, and provide a diverse mix of community oriented commercial and cultural activities that are pedestrian oriented and accessible to area residents. (B) Bulk And Density Standards: i 1. Minimum Standards: i Lot area None Lot width None Front yard setback 0 feet Side yard setback 0 feet Rear yard setback 0 feet Height (maximum) 45 feet Maximum lot coverage of all 100 percent structures i E E All standards are minimum requirements unless noted. i (C) Uses: 1. Permitted: i (a) Animal clinics. (b) Breweries. i E 4 (c) Clinics. (d) Clubs. E (e) Coffee shops. 1 (f) Commercial recreational uses. j (g) Commercial services. (h) Distilleries. F (i) Microdistilleries. (j) Neighborhood services. (k) Nonprofit recreational, cultural and entertainment uses, (1) Offices. (m) Personal and professional services. i F I (n) Personal health and beauty services. {o} Public buildings. (p) Recreation equipment sales/service/repair. I£ (q) Restaurants, class I, traditional. (r) Retail facilities. (t)(s) Small breweries. 2. Conditional: (a) Auto repair, major. (b) Auto repair, minor. (c) Bed and breakfast. (d) Brewpubs. (e) Child daycare center, commercial. (#)--- -Ghurehe- )t�fGeeldail Few ma as aeGesseFy ill-of P4 fL_Convenience store, with gas. (+)(g) Dental laboratories. (h) Apartment dwellings. (i) Apartment/commercial dwellings. (j) Funeral homes. (k) Grocery stores. (1) Hotels. (m) Mixed use building. (n) Motels. (9) Multiple family I . i (o) _Outdoor sales. (p) Places of worship. (q) Public and parochial schools. (r) Public utility buildings. (s) Restaurants, Class II, fast food, convenience. (t) Restaurants, Class III, with liquor service. (u) Restaurants, Class IV, nonintoxicating. (v) Solar energy systems. {w}—l ar�srs as ascessey� A brewery-. N(w) Theaters. 3. Accessory: (a) Parking lots. (b) Cocktail rooms as accessory to a microdistillerv. (c) Sexually oriented businesses- accessory. {a}(d) Taprooms as accessory to a brewery or small brewery. (Ord. 017-724, 4-17- 2017) 11-5-1611-5-13 B-3 HEAVY GENERAL BUSINESS DISTRICT: (A) Purpose: The B-3 Heavy General Business District accommodates existing areas with commercial and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent properties sertaf are meFe intense and theFefere a with ithh us dentified in the B 1 B 2 and R-4--DestFiGtS. (B) Bulk And Density Standards: 1. Minimum Standards: Lot area 5,000 square feet Lot width 50 feet Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Minimum side and rear yard abutting any residential district: Off street parking and 10 feet access drives Public and semipublic 35 feet buildings Recreational, 50 feet entertainment, commercial and industrial uses i i i Height (maximum 45 feet Maximum lot coverage of all 35 percent I structures All standards are minimum requirements unless noted. (Ord. 017-725, 4-17-2017) f i (C) Uses: 1. Permitted: I (a) Animal clinics. (b) Auto repair, minor. (c) Auto sales. { (d) Breweries. j (e) Commercial services. r (f) Convenience store without gas. (g) Data centers. t i (h) Distilleries. (i) Light manufacturing facilities. { 3 (j) Mechanical sales, service and repair. (k) Microdistilleries. (1) Offices. (m) Public buildings. I (n) Restaurants, Class 1, traditional. (o) Retail facilities, greater than three thousand (3,000) square feet. (p) Sexually oriented businesses - accessory. (q) Small breweries. (r) Supply yards. z (s) Truck terminals. E (t) Wholesale businesses. 2. Conditional: (a) Auto repair, major. (b) Car washes. !3 F i (c) Cocktail rooms as accessory to a microdistillery. (d) Convenience store with gas. (e) Greenhouses and nurseries, commercial. (f) Group daycare center, commercial. (g) Home and trailer sales/display. (h) Impound lot. (i) Kennels, commercial. 0) Manufacturing facilities. (k) Mini-storage units. (1) Outdoor sales. (m) Petroleum bulk storage. (n) Public utility buildings. (o) Recreational vehicle storage facilities. (p) Solar energy systems. (q) Taprooms as accessory to a brewery or small brewery. (r) Warehousing facilities. 3. Accessory: (a) Parking lots. (Ord. 018-737, 3-19-2018) 11_5-16 NE�uRnRHO nn R1 IS (A)_ urr,ese: The B AI Biedl bipedwith6GRIple entary an PPOFti g busiRe66 land use6 that serve a-neighJVrhood and are d oped-apd-ope a Fooidential baFa /R� Bulk Kt}d-Bencif�. rrt�-vcarrc � . MapJmum_tandards: Let area 5,000 square fee LCCe,,t width yy��.,,.,�,,�� 50 ffee,+t Frant yar�CtbaG0 Side-yard-setba66-feet Rear yard setbaek 6-#eek M�i�►�f�+}��� -raurn side a � nd4eaard abUtt►nQy"flpi�+�TQp-I ia-I }r Vti Off street parking d 10 feet assess-#wes pe"is�emo4 k 35 feet bu41ding-6 le6reatic3r4al 59 feet ers+al and 14e4ht (maximum 45 feet MaXiMUM IGt Goverage of all 3&peFGeRi 6truGtare6 All standards,are minimum requirementrequiremeRtS unle s noted {�-mases: (a) Dental labE)FatOFoe6-. (b) --Neighborhood r�oser�ises CG7-- npFefit reGreat4Gnal-, 44tt4ral and eRteFt&iK4meRt uses. (d) QffiGe6. (e) Personal PFGfeSGiGRat-&e-R;iGes, less thaR three thousand (3,000) square feet- Personal health and ut r `ervines les_cs__frhaHare feefeet,a , t-: 2: wench ienat:- (a) Animal G'iRiGS. (b) Ghild-da (e)--GhU..hes. (d---- GliRisG. Dwellings,(e) Data GeRters. (g) Fuaeral-hernes: (h) Health sus: (+---Ug#t-rnanufaGturing fasil+t+es: 0)--lVllRi storage units. Nk; enal and th.--a- feet: 0) Dorcnnal health and beaU"eFViGe6, greater than three thousand (3,000) squaFe feet: (m) P-ubliG and par-OGhial-sshoels. (R) lis-ut+ 4 4Wdi e6: SArroccnr,i• (a) Parkinglots. (Omura. 016 72-2, 1-2-192016) 44-a-1711-5-14 SSMUG SPRUCE STREET COMMERGI MIXED USE DISTRICT: (A) Purpose: The SSG SSMU Spruce Street GGMmersial mixed use district is primarily designated for commercial retail sales and services. This district is not intended to compete with the businesses in the central business district; rather, it is intended to provide a location for those businesses that have space needs that cannot be accommodated in the downtown or would be a disruption to existing development patterns. Development in this district will provide design elements and building and site relationships that emulate traditional main street form to create a walkable pedestrian friendly environment with connections to surrounding areas. The relationship of the Spruce Street semaaeFGial mixed use district to CSAH 50, future residential development, and the central business district will require a greater sensitivity to design with higher quality standards in order to develop a pleasant, attractive and aesthetically pleasing environment. (B) Bulk And Density Standards: Lot area 1 acre Lot width 100 feet Front yard setback t least 50 percent of he building front shall be within 20 feet of the public right of way or private street edge Side yard setback No requirement i t I i i Rear yard setback 20 feet 1 Height (maximum) 40 feet 3 All standards are minimum requirements unless noted. (C) Uses: j 1. Permitted: i (a) Child daycare center, commercial. f (b) Clinic. I (c) Commercial recreation, indoor. (d) Commercial services. (e) Data centers. i (f) Health clubs, I (g) Personal and professional services. { i (h) Personal health and beauty. (i) Restaurants, class I, traditional. 3 Q) Retail sales and services. 2. Conditional: (a) Brewpubs. (b) Commercial recreation, outdoor. i (c) Convenience stores, with gas. j i (d) Dwellings, multiple-family. (e) Grocery stores. (f) Hotels and motels. (g) Major auto repair (confined to the interior of principal building). i (h) Minor auto repair. (i) Mixed use buildings (shall include office, retail, or commercial uses on at least 1 } floor and residential apartments or condominiums on upper floors). I (j) Public buildings. (k) Public utility buildings. (1) Restaurants, class II, fast food, convenience. i I (m) Restaurants, class III, with liquor service. (n) Theaters. 3. Accessory: (a) Parking lots. 4. Interim: (a) Mineral extraction. (Ord. 015-712, 12-21-2015) 41-5-X11-5-15 BLtSINEISSICOMMERCIAL FILEXMUCI —MIXED USE COMMERCIAL/ INDUSTRIAL DISTRICT: (A) Purpose: This distriG The MUCI Mixed Use Commercial/Industrial District is designed-to aGGG oda provides for the development of business useslarger mixed business areas along major roadways, including services offices, research laboratories, and light manufacturing uses without anV exterior activities, as well as petential add+tienalcompatible commercial uses. This district is intended to be flexible to accommodate a mix of non-residential uses and development formats.Tl3 exik�lee asses , ' GlUdiRg OpeFations, and larger GffiGe complexes. (B) Bulk And Density Standards: Lot area 1 acre Lot width 100 feet Front yard setback No requirement Side yard setback No requirement Rear yard setback 20 feet Height (maximum) 40 feet All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: (a) Child daycare facility, commercial. (b) Commercial recreation, indoor. (c) Data centers. (d) Health clubs. (e) Hotels. (f) Offices. (g) Research laboratories. (h) Restaurants, class I, traditional. (i) Retail sales and services. 0) Warehousing facilities. 2. Conditional: (a) Brewpubs. (b) Convenience store, with gas. (c) Dental laboratories. (d) Grocery stores. (e) Hotels and motels. (f) Public utility buildings. (g) Restaurants, class II, fast food, convenience. (h) Restaurants, class III, with liquor service. (i) Theaters. 3. Accessory: (a) Parking lots. 4. Interim: (a) Mineral extraction. (Ord. 015-712, 12-21-2015) 44-619- MIXED USE DISTRICT; f°�P-UFP6S d 61eGely simulate e-di-s Gt iNAuld all buildings to be--plaGed4ose to adjaGenfv� 6treets. I -Lot are c1 Ne FeqL3iFemeR Lot width Mon4rnurn 40 feet Maxl E#rF}--'lam-feet cont-yard setbaGk Side yard-setback No requiremen i Reaf yard setback 28 feet Height-(maximum) 48-feet All standard Mu regairerner}ts ueles"Gted- Uses-. i. Permitted (b)- —GBmmerGial reGreatiAR;indGor. (G) k 4ealt#-Glu+ . (rl�i,$ TeRestaurruaraants,nGlasi$-1, tr'�•7–a�-crd4ionai-: (f) Restaurants, r se vriGe. (g) Rets ,ales and sen,ine� 2. GonditiGRal: (a}--�wetl+Rgsmultiple-family. (b) Wxed-use-bu�Mings (shall RRG'udeG#'Ge, retail, OF Fn.MeFni_;;1.,Y1 6_ec OR M4_least ttHOr naiZrnrl p=gid peer fleeFs). CGT— t 1 (''I� ) Theaters. 3. AGGvessery: (-a) Parking lots. I n�rraeriri : (a) Mineral extraGt*GR. (Ord. 008 597, 12-15-2-OW X1-5-2811-5-16 MUCR MIXED USE COMMERCIAL-/-RESIDENTIAL DISTRICT: (A) Purpose: The MUCR mixed-Mixed use Use GOMMerGialCommercial /residerFtlal-Residential district District is established to provide a flexible framework for the creation of high quality, comprehensively designed commercial neighborhood development with a multiple-family component. A variety of developments are encouraged, with developments designed to promote walking, bicycling and potential transit use. (B) Bulk And Density Standards: 1. Standards: Lot area 5,000 square feet Lot width 50 feet Front yard setback 0 feet Side yard setback 0 feet Rear yard setback 0 feet Structure setback from TH 3 right of 30 feet way Structure setback from CR 64 right of 30 feet way Height (maximum) 45 feet Maximum lot coverage of all 100 percent structures All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: (a) Coffee shops. (b) Neighborhood services. (c) Nonprofit recreational, cultural and entertainment uses. (d) Offices. (e) Personal and professional services, less than 3,000 square feet. (f) Personal health and beauty services, less than 3,000 square feet. (g) Restaurants, class I, traditional. (h) Restaurants, Class IV, nonintoxicating. (i) Retail sales and services, less than three thousand (3,000) square feet. 2. Conditional: (a) Animal clinics. (b) Brewpubs. (c) Child daycare facilities, commercial. (d)---Churstaes. Wfd) Clinics. (e) Commercial recreation, indoor. (f) Convenience store, with gas. (g) Dwellings, multi-family. (h) Funeral homes. (i) Health clubs. 0) Hotels. (k) Mixed use building. (1) Personal and professional services, greater than three thousand (3,000) square feet. (m) Personal health and beauty services, greater than three thousand (3,000) square feet. (n) Places of worship. (n)Lo _Public utility buildings. (G) Restaurants, Class II, fast food, convenience. ! (O(q) Restaurants, Class III, with liquor service. (r) Retail sales and services, greater than three thousand (3,000) square feet. (�(s) Theaters. 3. Accessory: j (a) Parking lots. (Ord. 015-712, 12-21-2015) X1-5-2111-5-17 IR INDUSTRIAL RAR-K-DISTRICT: (A) Purpose: The IP Industrial Bark District allows-provides areas for existing and future industrial uses wifl*"he-Gity-and promotes high quality architectural, landscaping and site plan development standards fGF R8W iRdu&ial developmeRt in order to increase the City's tax base and provide-employment opportunities. This district requires that exterior industrial activities and storage are limited and fully screened to minimize impacts on adjacent properties and public right-of-ways. (B) Bulk-Md Den6it Lot and Building Standards: 1. Minimum Principal Use Dimensional Standards: Lot area 40,000 square feet Lot width 150 feet Front yard setback 50 feet Side yard setback 25 feet If two (2) or more industrial lots are 0 feet developed as one site, the interior common lot line shall be ignored. Rear yard setback 25 feet Minimum side and rear yard abutting any residential district: Off street parking and 10 feet access drives Public and semipublic 35 feet buildings Recreational, 50 feet entertainment, commercial and industrial uses Height (maximum) 45 feet Maximum lot coverage of all 35 percent structures All standards are minimum requirements unless noted. (Ord. 015-711, 12-21-2015) 2. Accessory Use Dimensional Standards: (a) Outdoor storage areas shall not encroach into a required front yard setback or on a corner lot within the side yard setback area. 3. Building Design Standards: (a) Applicability: All new construction renovations or additions of existing industrial buildings Exempt protects are those industrial buildings comprised of any of the following project types: (1) Interior remodels; (2) Buildings being entirely used as residential; (3) Normal or routine maintenance and repair of existing structures; (4) Any type of construction that does not require a building permit. (b) Process: Building design standards will be administered through the site plan process in section 10-6-23 of this chapter._ (c) Exterior Walls: Exterior walls of buildings to be constructed shall consist of one or more of the following materials and shall receive prior approval of the city: (1) Brick: Size type texture color and placement shall be approved. (2) Stone: Stone shall have a weathered face or shall be polished, fluted or broken face. (3) Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate. All concrete masonry units shall be coated or veneered and approved by the city. There shall be no exposed concrete block on the exterior of any building unless approved by the city. (4) Concrete: Concrete may be poured in place, tilt-up or precast: and shall be finished in stone brick textured or coated with a minimum life expectancy of ten (10) years. (d) Alternate Materials: Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not to exceed fifty percent (50%) of the exterior wall surface area of each building and the pre-engineered metal shall only be installed on the upper half portion of the building. Other conditions are as follows: (1) Used for housing or screening equipment necessary to the manufacturing operations: (2) Architecturally compatible with the building as a whole as determined by the city planning division: (3) Compliance with any additional screening and/or landscaping requirements of the city: and (4) Modifications are made with prior written approval of the city planning division. (e) Alterations to Buildings: Any alterations to buildings shall meet all requirements of this chapter. (f) Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the city prior to construction or alteration. (a) Loading Docks: The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. The architectural design shall be continuous and uninterrupted by ladders towers fences and equipment. Businesses that abut County Highway 50 and/or County Highway 31 shall not construct loading docks that front these roadways. (h) Utilities: All buildings and structures shall be served by underground utility distribution facilities. The installation of such utilities shall not change the grade or contour of the city approved grading plan for the site. (C) Uses: 1. Permitted: (a) Breweries. (b) Data centers. (c) Distilleries. [ (d) Light manufacturing facilities. t (e) Microdistilleries. j 3 (f) Office showroom. i (g) Office warehouse. (h) Research facilities. (i) Small breweries. 0) Warehousing facilities. 2. Conditional: E (a) Bus terminal. _ I (b) Child daycare facilities, commercial. i (c) Cocktail rooms as accessory to a microdistillery. (d) Commercial recreational uses. 3 (e) Food processing facilities. i (f) Kennels, commercial. i (g) Manufacturing facilities. (h) Public utility buildings. (i) Recycling facilities. 4 Q) Taprooms as accessory to a brewery or small brewery. j (k) Truck terminal. (1) Warehouse retail. I 3. Accessory: € 3 (a) Parking lots. i 4. Interim: [, i (a) Mineral extraction. (Ord. 018-737, 3-19-2018) i i 44-5-22 1_4 IND iSTRInl n!STR}G'! (A) Purpose: TI—rhe 14-IIn ows4G-ffie$eFltinuati the{ n the downtown area. (B� ---BA+I And Density Standards: Standard-&-- Lot are 20,000 square feet Lot width 75 feet Front ard setbae39 feet Side yard-setbaGkl 15 feet /lea ryard-setba61E 45-feet Minimum rr ^i ids anrer ai Md adU#tiRg any-residential d*cfrint- Off street parking and meet assess drives Rubl}Gand sem'pubtiG 35 feet buildings 59 feet en and *RdwstFial uses Height (maxir u—N 45 feet MaXiMUFFI 10t Goverage of U 35-percent str-astUres All standards a 'equiFemeRts unless, noted. (Ord. 15 7-05, 10 19 2015) (G}- -Uses: i. Permitter!• major. (b) PreY4ie i /rte_ to renters. (rl) Distilleries (e) Light manufaGtLIFong 6Flltfelr (f)— -Vlisrodistillerie . (g) MiR� rage units. /h` iGe� ResearGh fasititles. v) Sexi agy-oriented-businesses. (k) Small breweries. (I) Supplymss. (m) T-FWG E teFrninal- („) WaFg fasil+ties. 2. Gend4tional: (a) Agr+salture (b) —GoslFtail room6 as ecsessery to a mierod+stillefy (G) QernmeFGial reGreatienal uses. Bilities- (e) Kennels, w "eYcrvrcrr. 44es— (9) publis�til+1ybuildings. tT�Solar energy sy6teme very. (k) TewerS- 3. AGGessery: (a) Parking lots.. 4. - —Interim-7 (a) Mineral extFaGtien. (Ord. 018 737, 3 19 2019) 11-5-2311-5-18 P/OS PARKS AND OPEN SPACE DISTRICT: (A) Purpose: The P/OS Parks and Open Space District provides recreational and leisure opportunities through publicly owned land and recognizes vital environmental resources including steep slopes, wetlands, and floodplains. (B) Bulk And Density Standards: Lot area No requirement Lot width No requirement Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Height (maximum) 35 feet All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: (a) Agriculture. (b) Golf courses. (c) Noncommercial nursery. (d) Parking lots. (e) Public buildings. (f) Public gardens. (g) Public parks and playgrounds. (h) Public utility buildings. 2. Conditional: (a) Wildlife feeding station. (Ord. 002-472, 5-6-2002; amd. Ord. 003-498, 9-15-2003) 11 5-2411-5-19 PLANNED UNIT DEVELOPMENT OVERLAY: (A) Intent and Purposes: The pF0V4G49Rs ef##is sestien- re planned unit development (PUD) overlay district is intended to result in new development that benefits the city and its residents. The PUD overlay-by-providesinge a development alternative that allows means for greater flexibility and creativity in eevirenrnental site and building design than ie-previdedwould be possible under the strict application of the existing Godetha zoning district's standardsrequirements�€a zeair district. Thise overlay district adopts the underlying zoning district uses. . Rather-#fan LT'LTh*6 PFill enseuregeln return for having greater flexibility in site and building design requirements, a PUD approved under this ordinance shall achieve one or more of the following purposes: 1. FLIex+bllity-fry residential 1 evelopment to benefit frornGreater utilization of new teshnelegy technologies in building design,-and construction, and land development. 2. Variety in the organization of site elements, building de lot sizes, a-Rd--housing types, and land uses. 3 Higher standards landlaRee sts andlaedssaffe-ar�#�itests to prepar�plans-for-all planned unit-devele�Rts- 4.3. Preservation and enhancement of desiFable site GhaFaGteFis environmental resources, including flora and fauna, scenic views, screening, access, and open space. 4. More efficient and effective use of land-,-Gffen space and public facilities infrastructure to support higher- quality development at a lesser cost. 5. Establishment of recreational, public, and open spaces which may be more useable, aAd more suitably located, and higher quality than would ^tho�e-be provided under development precedaresstandards. 6. Increased€environmental sustainability in the development of land, building construction, and building operations. 7. Int„, eg a Higher level of integration of pedestrian facilities-and bicycle facilities to and within a PUD. Imprnva es 5.8. An increase in the supply of low-income and moderate-income housing. (B) General ProvisieasStandards: 1. Minimum Land Area: The proposed planned unit development must be comprised of at least five (5) acres of contiguous land. 2. Sewer and Water Service: All PUDs shall have municipal sewer and water service available. 3. Under Unified Control: The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. 4. Permitted Uses: Allowedable uses are only ing6de-1hose permitted in the underlying zoning district in which the planned unit development is located: a PUD does not a4owprovide flexibility in allowed uses 5. Density: The number of dwelling units proposed for a PUD shall not exceed the number of dwelling units permitted by the underlying zoning district in which the development is located. Number of s per Lot 6. Numbe: More than one building may be placed on eaea single platted lot in a PUD. Arens fpr 6in le family detnnherl dwelling FA i t nnm Iv with the nit puhrlivie.inn title �rrl i-yrvmancc 6 AFGhiteGt was, r0h .II nat snlelu be a basis fpr denial nr .,n eFeval of a elan How .ver___the ovem" =mPgrnme and - bFFildiFlEl6 to ether. GOR69deFatiORS in the review s# .ties of the planning Genn fissien andTmnniL 7 AeW:ffib�dBuilding Permit• No building permit shall be granted for any building on land for which a plan for a PUD has not been finally approved by the city council. 8 Staging Of Development (a) Any PUD plan proposed to be constructed in stages shau include full details relating thereto and the city council may approve or modify, where necessary. any such_proposals, The stagina shall include the timeing for beginning and completion of eac stage Such timing may be modified by the city council on the showing of good cause by the develope g f Streets Utilities and Services The uniaueness of each PUD proposal#or-,a-P-� requires that specifications and standards for streets utilities an services shall be subject to minor modifications from the specifications and standards established in this and other—city ordinances governina their construction. (a) The city council may therefore waive or modify the specifications or standards where it is found that they are not required in the interest of the residents of the optic ' (b) The plans and profiles of all streets utilities and services shall be reviewed. modified if necessary, and approved by the city engineer fB)(C) Approval ementsCriteria: 1. Consistent With Comprehensive Plan: The development shall be planned so that it is consistent with the Farmington comprehensive plan. Gk�d shall-b ime of appliGat+an-aad-rGheduled to be developed as one unit. IR additiGR, the develepmepit plan Mustt i 3 2. Harmonize Compatibility with Existing Development: The planned unit development proposal must harmonize with both-existing and proposed-development in the area surrounding the project site. Architectural style of buildings shall not solely be a basis for denial or approval of a plan However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the planning commission and council. I 3 Preserveation of Natural Amenities A primary function of the PUD oreyisifoverlayis_to_ encourage development which will preserve and enhance the worthwhile natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed, In evaluatina each individual proposal. the recognition of this objective will be a basic consideration in granting approval or denial. __ the- --o-Ming dis4fi 64. Open Air-Space Uses: Land for private or public open a+r-space mouse protected by covenants running with the land or by conveyances or dedicated as the planning commission may specify shall be an integral part of the plan. Such open space areas shall conform to land area requirements of the subdivision ordinance-title-4, and shall not include land devoted to streets, parking and private yards. -7----Sewer-Andan t+r4iGipa4-sewer-aad waterser ise available. Iding And Sit e=a-6as'is-€e"e44+8i eebik J, (a) O,Ry RUD plan PF-posed to be eeFistFueted in stages shall inrS.W-0 gAafiog4he any sweh-p. Saeh timing eneewrage ndividual proposal, the FeeegRltien of vol" he __ b@sio eeps4depaUo RL QRS; from th €e g aad er€i r�rdiaanees; geverning the+ �nr �dify the speei (G)LQLProcedure: 1. Pre-application Conference: Before submitting an application for a planned unit development, an applicant may confer with the planning staff to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys and other data. A checklist will be provided to the prospective applicant as an indication of the written and graphic materials required for PUD consideration. 2. Schematic Plan: (a) Submittal: The applicant shall submit a Schematic Plan to planning staff prior to submitting a preliminary PUD application (a) (1) -Maps which are part of the schematic plan shall contain the following: A. Location map showing location of the site within the city. B. The existing topographic character of the land. C. A composite of all natural amenities of the site and three hundred feet (300') adjacent to the site including steep slopes, drainageways, plus marshes, ponds, lakes and property lines. D. The size of site and proposed land usesof the and to be developed together with an identification of off-site land use and zoning. E. The density of land use to be allocated to the several parts of the development together with height, bulk and approximate location of buildings and other structures, F. The approximate location of thoroughfares. G. The location of common open space including public schools, parks and playgrounds or private natural preserves. H. Schematic utility plan. (2) The written statement of the PUD's purposes and intent shall include the following: A. A statement of the ownership of all land involved in the planned unit development together with a summary of owners' previous were-development experience. B. An explanation of the general character of the planned unit development. lg:C. A statement describing how the planned unit development provides enhanced site design w-his#-a4seand explains the flexibility needed from underlying development standards. G-.D. A general indication of the expected time schedule of development. 9:E. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces. €F. A statement describing how all necessary governmental services will be provided to the developer. l=G. The total anticipated population to occupy the planned unit development, with breakdowns indicating the number of school age children, adults, and families. 2L.3. Schematic Plan ApprevalReview and Action: (a) 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: (1) Compatibility with the stated purposes and intent of the planned unit development. (2) Relationship of the proposed planned unit development 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 t+tleordinance. (3) Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas and open spaces. (b) The city council shall act on the schematic plan after receipt of the plan from the planning commission. (c) If the schematic plan is approved, the applicant may proceed to the preliminary PUD plan. 4))(E) Preliminary PUD Plan: 1. Application: Application for a preliminary PUD shall be filed with the zoning officer within six (6) months of the approved schematic plan; the applicant may request an extension in writing to the city, decided upon by the city council. at-The preliminary PUD plan shall be in substantial compliance with the schematic plan. In the event the preliminary plan is not in substantial compliance, a new schematic plan shall be submitted for review. (a) P-relim4nary ApprovalPhased PUD: The applicant may receive-apply for preliminary approval for phases of the development, however, the first phase of the development shall cover at least twenty percent (20%) of the area approved as part of the schematic plan. (1) Phasing shall substantially follow the timeframe established within the approved Sschematic P-plan. (2) Once one phase of a PUD has been approved for€final PUD P-plan, the applicant shall be required to submit an application for the preliminary PUD plan of the next phase within six (6) months; the applicant may request an extension in writing to the city, decided upon by the city council. 1,4)(3) No individual phase of a PUD plan may represent less than 20% of the area approved as part of the schematic plan. (b) Maps: Maps which are part of the preliminary plan shall include: (1) All the maps required for schematic approval of the plan. (2) Generalized elevations and perspectives of all structures. (3) A grading plan showing existing and proposed contours at two foot (2') intervals showing the direction of flow of surface drainage and all easements necessary for both ponding and runoff. (4) Plans and profiles for the distribution of water, collection of sanitary waste and storm sewer for the proposed phase. For the remaining area of the PUD the following information shall be shown: A. Water distribution system. B. Storm water distribution system. C. Sanitary sewer system with invert elevation. (5) Plans, profiles and typical sections for proposed street improvements. (6) All utility easements. (7) Landscaping and planting plan. (8) Erosion control plan. (c) Summary Sheet: A summary sheet indicating: (1) Land area for each use. (2) Number of units proposed including number of bedrooms in each area in subsection (€D)4(a) of this section. (3) Number of areas of common open space. (4) Modifications of any provisions of this title or any other ordinances, codes or regulations of the city. (5) Phasing plan indicating geographical staging and approximate timing of the plan or portions thereof. (d) Design Standards: All preliminary and final utility plans shall be drawn in accordance with Farmington engineering design criteria and standard specifications. 2. Review 9f-of Preliminary Plan: The planning commission shall hold a public hearing on the preliminary plan. The planning commission may recommend the council approve, approve with conditions, or deny a preliminary plan for PUD based on the following considerations: (a) The consistency of the proposed planned unit development with the adopted er proposed comprehensive plan of the city. (b) The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities. (c) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. (d) That any exceptions to the underlying zoning district's development standards 6+ty zening cede-are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section. (e) The sufficiency of each planned unit development phase's size, composition, and arrangement+n-erderto ensure that its construction;and operation is feasible without dependence upon any subsequent phase. (f) The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities. (g) The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property. (�g)(h) The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district's development standards. 3. City Council Action 9n-on Preliminary Plan: The city council after receiving recommendation from the planning commission shall review the preliminary plan. The council may recommend approval, approval with conditions, or deny a preliminary plan for PUD based on the following considerations: (a) The consistency of the proposed planned unit development with the adopted or preposed-comprehensive plan of the city. (b) The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities. (c) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. (d) That any exceptions to the ci"F4Rg-God eunderlying zoning district's development standards are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section. (e) The sufficiency of each planned unit development phase's size, composition, and arrangement in-erderto ensure that its construction, and operation is feasible without dependence upon any subsequent phase. (f) The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities. (g) The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property. (h) The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district's development standards. (E—)(F) Final Plan Approval: 1. Submittal: A final plan shall be submitted with an application for final plan approval within five one (15) years of council approval of the preliminary plan unless a written request for an extension is submitted by the applicant. If an application for final approval or a request for an extension is not received within five-one (15) years, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submitted following the preliminary plan procedure. 2. Application Review: The city council shall review the final plan after filing of the application for final plan approval. 3. Substantial Compliance: The final plan shall be in substantial compliance with the approved preliminary plan. "Substantial compliance" shall mean: (a) The number of residential living units has not been increased. (b) The floor area of nonresidential uses has not been increased. (c) Open space has not been decreased or altered to change its original intended design or use. (d) All special conditions prescribed on the preliminary plan by the applicant or any of the reviewing bodies have been incorporated into the final plan. 4. Additional Data And-and Documents: The application for final plan approval shall be accompanied by the following data and documents: (a) All the information contained in the preliminary plan plus any alterations or corrections required by the city council. (b) Proposed zoning changes with legal descriptions of all district boundaries. (c) Deed restrictions, covenants, agreements, bylaws or proposed homeowners' associations and other documents controlling the use of property, type of construction or development of the activities of future residents. (d) A signed and executed developer's agreement. (e) A subdivision plat suitable for recording in the office of the register of deeds of the county. 5. Annual Review: The planning commission shall review all planned unit development districts within the city at least once each year until project completion and shall make a report to the city council on the status of the development in each of the planned unit development districts, If the city council finds that development has not occurred within a reasonable time after the original approval, the city council may instruct the planning commission to initiate rezoning to ast the er-ig4laf-underlying zoning district by removing the planned unit development overlay district from the official zoning map. 6. Amendments And-and Control: (a) Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city. (b) Minor changes in the location, siting and height of buildings and structures may be authorized by the planning staff if required by engineering or other unforeseen circumstances. (c) All other changes in use, rearrangement of lots, blocks and open space must be authorized by the city council under procedures outlined for amendment of the zoning title. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003) 11 6 2511-5-20 FLOODPLAIN OVERLAY DISTRICT: *** No Changes to Section *** 11-5-2611-5-21 AMENDMENTS ADOPTED: *** No Changes to Section *** 11-5-2711-5-22 DOWNTOWN COMMERCIAL OVERLAYD( C-O) DISTRICT DESIGN STANDARBS: (A) Purpose: The purpose of this sectienoverlay district is to establish design standards pertaining to the commercial, residential, and mixed use buildings in the downtown commercial district. The design standards are intended to do the following: 1. Encourage integrated site planning to create a cohesive, sustainable built environment. 2. Maintain and reinforce "small town" and "main street" architectural traditions. 3. Encourage an active, walkable, pedestrian environment. 4. Maintain the character of historic buildings. 5. Unify and articulate building facades. 6. Place a strong visual emphasis on streetscapes. 7. Require new construction to be compatible with existing buildings. 8. Provide for the compatible integration of commercial and residential uses located on the edge of the downtown commercial district. 9. Encourage replacement or remodeling of architecturally incompatible buildings. 10. Adaptively reuse older buildings that contribute to the district's sense of time and place. 11. Encourage the development of pocket parks, gardens, plazas, and courtyards for public use. 12. Establish well defined transitions (mixed use buildings) between the downtown and adjacent neighborhoods. (B) Overlay District Boundary: The downtown commercial overlayD( C-O) district SDG}is described as the property located south of the Vermillion River, west of 4th5th Street, north of Walnut Street and east of 1 st Street. (C) Process: The downtown-ssr +ner-sial eve rta DC-0 district design standards will be administered through the site plan process in section 10-6-23 of this chapter and, if required under the design review process, in section 2-11-5 of this code. (D) Applicability: All new construction and renovations or additions of existing commercial, residential, and mixed use buildings structures in the DC-0 district will be required to meet the standards in this chapter, unless otherwise provided. Projects exempt from meeting the standards are those serr+mereial buildings that are comprised of any of the following project types: 1. Interior remodels; 2. Buildings used solely fGF residential purpas 16Sin-gle-unit detached dwellings, two-unit dwellings, twin home dwellings, and townhouse dwellings; 3. Normal or routine maintenance and repair of existing structures; 4. Construction that does not require a building permit. (E) Building Material And Design: 1. In the case of new construction, renovations, or additions, seventy percent (70%) or more of the total surface area of exter+or-walts-e-xpesed te-public--viewany building facade fronting on a public street or open space shall consist of a mixture of two (2) or more of the predominant downtown finish materials (clay, brick, stucco, natural stone, ornamental concrete;except feF perE+ viewshed). Extruded metal storefront framing may used-is allowed only on window or door frames. 2. Transparency (a) For commercial and mixed use buildings, Ttransparent glass must comprise a minimum of fifty percent (50%) and a maximum of seventy- five percent f75% percent) of the total wall area of the first rg ound floor elevation on th adeof any building facade fronting on a public street or open space.; WL(b)L For buildings with ground floor residential uses and all upper floors transparent glass or facade openings shall comprise a minimum of twenty percent (20%) {-but shall not-exceed--and a maximum of fifty percent (50%o-perserrt) of the total wall area-en the upper419er-elevatioq-G€-agr-streWasade;,uUpper story windows will be vertically proportioned and have the visual appearance of traditional double hung sash. 2.3. Blank, windowless walls shall be avoided facing a public street or open space are prohibited, which is defined as not exceeding a horizontal distance of fifteen (15) feet of a building's facade. 3.4. Exterior walls shall not be covered with metal panels, EIFS (exterior insulation and finish system), vinyl siding, faux half timbering, logs, shakes, shingles, exposed aggregate, or poured in place concrete. 4.5. Preassembled clay brick panels, artificial stucco, decorative precast units resembling stone, and other modern materials may be used that similarly match the appearance of historic materials. 5-6. Standardized corporate or"trademark" commercial building types shall be constructed to meet the architectural style of the downtown, which includes building materials, glass, color, and signage. 6.7. The ground or street level of a building shall be visually distinguished from the upper level(s) through the use of colors and/or building materials. 7.8. Imitation of historical styles shall be encouraged in new construction and renovation of existing buildings; references to historic architectural styles and periods will be interpreted in a contemporary manner; new and renovated buildings shall reinforce and not compete with heritage landmark properties. 8-:9. New commercial, residential, and mixed use buildings shall solidify the relationship between old and new buildings and support a human scaled, street oriented downtown environment. Infill construction on side streets shall be designed with architectural features such as brick facades. 9-:10. The massing and bulk of new buildings shall be mitigated by varied massing and proper articulation of street facades. Large"big box" commercial buildings shall be designed to appear as multiple storefronts by breaking the facade into smaller bays of twenty feet{29'}in width in order to maintain a pattern integrated with and similar to surrounding buildings. 49.11. The size, scale, massing, and facade materials of new construction wilishall complement the architectural character of existing historic buildings identified as heritage landmarks. 44-.12. Corner buildings shall be designed with two (2) street facades and a main entrance on both sides. 4 "ems height of neW Gon6tFUGti0n shall ' 13. Rooflines shall be flat or gently sloping. (F) Awnings/Canopies: 1. Where-Aflewed-Awnings/canopies shall only be allowed over the first rg ound floor window openings and along the frontage of all building entrances. 2. PTojection�-Suppert-Awnings and canopies shall not project more than five feet (6) into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight Lafeet48 . Awnings and canopies naayshall not be supported by poles or other structural elements located in the public right of way. 3. Length.Awnings and canopies shouldshall emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. 4. Height-The bottom of awnings and canopies sheuldshall be at least eight feet (8') above sidewalk grade. 5. Illumination: Backlit awnings and canopies are not permitted. 6. Inscription: Lettering on awnings and canopies shall comply with subsection 10-6- 3(B)1(k) of this chapter. 7. Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. (G) Parking Areas: 1. Required off street parking spaces shall be provided by spasessurface parking areas located at the rear or sides of a building and provided with architecturally compatible security lighting, and screened with landscape buffers or low walls. 2. Underground and strtrcturedabove-g round parking structures shall be encouraged and new parking structures shall be compatible with (but not indistinguishable from) adjacent buildings in terms of height, scale, massing, and materials. (H) LandGGapiRg: 17—L nd`ssaping within the d$wntewn Go r ersial�y-- Sts Gt shall-romply wit s-sestGOR 10 6 10 Of this Ghapter. (Ord. 010 627, 9 20 2010) {4(H) Screening Aand Fencing: 1. Screening of Exterior Uses; Fencing=Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public rights of way, private street, public open space, mid-block pedestrian way, and off street parking areas, and shall be equally effective in winter and summer. Fencing for screening purposes may be installed at a height of up to eight Meet-'), with the approval of a building permit. Fencing used for screening purposes shall only be allowed in the side and rear yards. Chainlink and slatted fencing are prohibited within the downtown commercial overlay district--w4h4he e3cGeption Gpreperrties zoned as B-3. C;hait'ink And slatted fenGing-is--permissible i era nat ad*eptAe-ae established-residential-use. Fencing Son property lines adjacent to established residential uses the fenGiRg-shall consist of wood or vinyl. 2. Screening Oof Mechanical Equipment: Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view with materials identical to or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any public right of way, private street, public open space, mid-block pedestrian way, or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. 3. Decorative Fencing: All fencing &ith the exception of fencing identified in the screening requirements of subsection (IH)1 of this section),visible from a public right of way, private street public open space mid-block pedestrian way, or off street parking area shall not exceed a height of six feet{q in the side and rear yards and four(feet in the front yards. Decorative fencing shall consist only of the following materials: (a) Wrought iron. (b) Vinyl. (c) Ornamental aluminum. 4. FenriRg Ma*Rtena The 6e_of_all overlay clic#rin# shall h n._10 6 17(H) of this GhapteF aA. Historic Landmarks: No fencing shall be attached to any historic landmark building or structure. (Ord. 012-645, 6-18-2012) (,d)jlL_Signs: 1. Notwithstanding contrary provisions in this code the following prev+sieessigns are allowed in the DC-O overly district: (a) Projecting signs gerpendeGular-to-the building-P-r-0jesti in compliance with subsection 10-6-3(B)5(e) of this chapter-{-&prune--Street-sites). (b) Wall signs flat-ale+ag- Wd in compliance with subsection 10-6-3(B)3(a) of this chapter. (c) Monument signs af-e-allowed-where existing building is set back from front property line as required in compliance with subsection 10-6-3(B)3(b) of this chapter. (d) Painted wall signs shall be permitted through a conditional use permit perin compliance with subsection 10-6-3(B)1(1) of this chapter. (e) A-frame signs are-allswFed-perin compliance with subsection 10-6-3(B)1(t) of this chapter. 2. Signs on historic landmark buildings mustshall: a) not cause damage to historic architectural features or building materials as a result of installation; and b) should-be designed and installed in such a manner that when they are removed or replaced there is no physical evidence of their former presence. In other words, holes mayshall not be drilled in historic masonry, alterations rnayshall not be made of historic character defining windows or doors, and no-fasteners mayshall not be attached to any historic trim. (Ord. 010-627, 9-20-2010) 11-5-23 Highway 3 Overlay (HW3-0) District (A) Purpose: The purpose of this overlay district is to establish design standards pertaining to the commercial and residential uses along the Highway 3 corridor in Farmington. The design standards are intended to do the following: 1 Encourage integrated site planning to create a cohesive sustainable built environment. 2 Establish architectural requirements for commercial and multi-family residential uses. 3. Unify and articulate building facades. 4. Place a strong emphasis on improving the visual aesthetic of the corridor. 5 Provide for the compatible integration of commercial and residential uses along the corridor. 6 Encourage replacement or remodeling of architecturally incompatible buildings. (B) Overlay District Boundary: The Highway 3 overlay (HW3-0) district shall be defined with a northern limit of Vermillion River Trail (County HwV 66) a southern limit of 225th Street W, and extending one block east to 7th Street and one block west of Highway 3 to 9th Street. (C) Process: The HW3-O overlay district design standards will be administered through the site plan process in section 10-6-23 of this chapter and if required under the design review process in section 2-11-5 of this code. (D) Applicability: All new construction and renovations or additions of existing commercial, multi- family, and mixed use buildings in the HW3-O overlay district will be required to meet the standards in this chapter, unless otherwise provided. Projects exempt from meeting the standards are those buildings that are comprised of any of the following project types: 1. Interior remodels; 2 One- and two-family (duplex) residences twin homes, and townhouses; 3. Normal or routine maintenance and repair of existing structures; i 4. Construction that does not require a building permit. i (E) Building Materials and Design I 1. Commercial Buildings: i (a) The exterior materials shall consist of brick stone vinyl or cement siding only. (b) Metal paneling is allowed as an accessory material but shall not consist of more than twenty-five percent (25%) of the total building facade. I I (c) Tilt-up concrete paneling is not permitted. (d) A mix of materials is required to enhance the overall aesthetic of buildings and of the corridor as a whole. (e) Multi-tenant buildings shall provide variation in roof line to depict individual commercial businesses. (fl Transparent glass shall comprise a minimum of fortV percent (40%) and a maximum of seventV-five percent (75%) of the total wall area of the first floor elevation on any street facade. (q) Transparent glass shall comprise a minimum of twentV percent (20%) and a maximum of fifty percent (50%) of the total wall area on the upper floor elevations of any street fagade. 2. Multi-family Residential Buildings: (a) The exterior materials shall consist of brick stone vinyl or cement siding only. (b) Metal paneling is allowed as an accessory material but shall not consist of more than ten percent (10%) of the total building facade. (c) A mix of materials is required to enhance the overall aesthetic of buildings and of the corridor as a whole. (F) Signage Standards In addition to the requirements of Chapter 10-6-3 of the City Code the followinq architectural standards are required for pylon and monument identification signs: 1 Pylon and monument signs shall be designed to be complementary to the buildings and uses to which they relate and shall be harmonious with their surroundings. 2 The supporting pole or structure of a pylon sign may not be solely metal it shall be wrapped in a material complementary to the building to which it relates. i (G) Exterior Commercial Lighting Standards In addition to the requirements of Chapter 10-6-8 of the City Code the following exterior lightinq standards are required for commercial buildings: 1 All building facade and parking lot lighting shall be downcast so as to eliminate light pollution spreading into adjacent residential areas. 11-5-24 Spruce Street Overlay (SS-0) District (A) Purpose: The purpose of this overlay district is to establish design standards pertaining to the commercial and residential uses in the Spruce Street area west of downtown Farmington and the Vermillion River. The design standards are intended to do the following: 1 Encourage integrated site planning to create a cohesive sustainable built environment. 2 Provide design elements and building and site relationships that emulate traditional main street form. 3 Encourage an active walkable pedestrian environment. 4. Place a strong visual emphasis on streetscapes. 5 Encourage the development of pocket parks gardens plazas and courtyards for public use. 6. Provide for the compatible integration of commercial and residential uses within a mixed use area. 7 Establish architectural requirements for commercial and multi-family residential uses. 8 Require new construction to be compatible with existing buildings. (B) Overlay District Boundary: The Spruce Street Overlay (SS-0) district shall be defined with a northern limit of Hwy 50 a southern limit of Spruce Street (including mixed use zoning districts south of Spruce Street) an eastern limit of the Vermilion River corridor, and a western limit of Pilot Knob Road. (C) Process: The SS-0 overlay district design standards will be administered through the site plan process in section 10-6-23 of this chapter and if required under the design review process in section 2-11-5 of this code. (D) Applicability: All new construction and renovations or additions of existing commercial, residential and mixed use buildings in the SS-0 overlay district will be required to meet the standards in this chapter, unless otherwise provided. Projects exempt from meeting the standards are those buildings that are comprised of any of the following project types: 1. Interior remodels; 2. Townhouses; 3. Normal or routine maintenance and repair of existing structures; 4. Construction that does not require a building permit. (E) Site Design Standards: 1 Sidewalks: Sidewalks shall be provided on both sides of all streets. Trails may be required instead of sidewalks as provided in the city's trail master plan. (a) All pedestrian walkways shall have and maintain a minimum unobstructed Pathway width of fifteen (15) feet along the north/south corridor (i.e., the first roadway constructed between CSAH 50 and Spruce Street, west of Denmark Avenue) and within the mixed use districts. Pedestrian walkways bordering off street parking areas shall be at least eight (8) feet wide Pedestrian and bicycle Pathways connecting to greenways or trail systems are subject to standards in the city trail master plan. (b) Walkways shall be designed to create a safe and uninterrupted pedestrianway, and to avoid frequent crossings by driveways and streets. (c) Pedestrian walkways shall be designed as amenity areas with approved landscaping benches lighting signage, and street furniture. (d) Pavers shall be required within the sidewalk design and within the crosswalk areas. Installation of the pavers shall comply with city standards. (e) Electrical and water services shall be required within the sidewalk areas to prepare for amenities including (but not limited to) water fountains, clocks, kiosks and seasonal lighting and shall be master planned during the design phase of the project. 2 Lighting: At the time of site plan review for the development, a detailed lighting plan shall be submitted. (a) The lighting in the Spruce Street area shall be designed to create a well- balanced integrated lighting plan for public and private locations that enhances vehicular and pedestrian visibility while minimizing glare and contrast. (b) Light fixtures shall be oriented to pedestrian circulation so that pedestrian walkways are emphasized and safety is enhanced. (c) Any lighting required on the perimeter of parking lots or along streets shall consist of fixtures illustrated in the city's standard detail plate as "streetlight- downtown district". (d) The interior portions of parking lots may be lit with cobra lights. 3 Required Amenities: For each development one of the following amenities per ten (10) acres of net developable land area shall be required and installed at the time of construction of the project. The amenities shall be highly visible, easily accessible outdoor focal points or gathering places for residents employees, and visitors to the development site. (a) Patio and/or plaza with permanent seating areas; provided such patio or plaza has a minimum depth of fifteen (15) feet and a minimum total area of three hundred (300) square feet Patios and plazas shall include pedestrian amenities intended to support these places as gathering areas such as benches, water features, kiosks, etc. (b) Landscaped mini-park square or green provided such amenity has a minimum depth and width of fifteen (15)feet and a minimum total area of six hundred fifty (650) square feet and includes pedestrian amenities intended to support these places as gathering areas The landscaped mini-parks squares or greens do not count toward the park dedication requirements. (c) Protected customer walkway, arcade or easily identifiable building pass through containing window displays and intended for general public access. (d) Water feature such as a pond or fountain provided the feature is easily accessed by pedestrians and includes or integrates permanent seating areas for pedestrians. (e) Any other well designed area and/or focal feature that the city finds consistent with the intent of these design standards and that substantially enhances such development and serves as a gathering place for residents visitors, customers, and employees. (F) Building Architectural Standards: 1 Fronts of Buildings: Any building face and yard that abuts CSAH 50, Spruce Street, or Pilot Knob shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut the north-south corridor and the major roads in the mixed use districts. 2 Unifying Design Theme: Buildings and/or streetscapes in the Spruce Street area shall reflect a unifying design theme that incorporates features found along the north/south corridor and within the mixed use districts City staff and the planning commission shall determine whether development proposals satisfy this requirement 3 Exterior Surfaces: Major exterior surfaces of all walls shall be face brick, stone, plass, stucco architecturally treated concrete cast in place or precast panels, decorative block, or approved equivalent as determined by the city. The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: exposed cement ("cinder") blocks: fabricated metal or pole construction structures including sheds warehouses and industrial buildings constructed either on or off site of corrugated metal panels: exterior brick that is painted over; or experimental materials with no proven record of durability or ease of maintenance in the intended application. 4 Facade Design: Unless otherwise agreed to in writing by the community development department developers of buildings located along the north/south corridor and within the mixed use districts shall use facade variations to differentiate separately leased commercial spaces Facade variations shall incorporate modulated and articulated building wall planes and rooflines through use of: (a) Protections recesses and reveals expressing structural bays or other aspects of the facade with a minimum change of plane of six (6) inches. (b) Changes in color or graphical patterns changes in texture or changes in building material. (c) Varying parapet heights and designs that demonstrate that the buildings are different from each other and that add interest to the streetscape. (d) Recessed entrances. (e) Building entrances that incorporate elements providing shade from the sun and weather protection for pedestrians. (f) Corners which are distinguishable from the remainder of the building through the use of towers architectural treatments arches roof forms, or size and mass. 5 Building Facade Height: All buildings along the north/south corridor and within the mixed use districts shall be constructed with at least one functional or decorative (false facade) upper story. To the extent practical or feasible variations in rooflines or heights shall be used to differentiate separately leased commercial spaces within buildings. 6 Windows: Windows shall be provided on walls that are adjacent to public or private rights of way, parking lots and sidewalks. False windows are allowed. 7 Awnings/Canopies: Buildings may have awnings/canopies that project over the first floor windows and along the frontage of all building entrances. (a) Projection Awnings and canopies shall not project more than five (5) feet into the public right of way, except where located above an entrance in which case the maximum projection shall not exceed eight (8) feet. In no event should an awning or canopy be supported by poles or other structural elements located in the public right of way. (b) Length: Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances and shall not continue uninterrupted along the buildinq facade. (c) Height: The bottom of awnings and canopies should be at least eight (8) feet above sidewalk grade. (d) Illumination: Backlit awnings and canopies are not permitted. (e) Inscription: Lettering on awnings and canopies shall comply with subsection 10- 6-3(B)1(k) of this chapter. (f) Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton copper or bronze coated metal or clear plass. Other materials may be used if approved by the community development department. Awnings shall be designed with a slope No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. 8 Public Entrances: For commercial buildings located along the north/south corridor, each separate ground level tenant space shall have at least one public entrance that faces the north/south corridor. For buildings located within the mixed use districts, each separate ground level commercial tenant space shall have at least one public entrance that faces the nearest major public or private street Developers shall be encouraged to also provide public entrances adjacent to off street parking areas. TITLE 12 Zoning Chapter 6 PERFORMANCE STANDARDS 12-6-4 OFF STREET PARKING: (A) General Provisions. Use Sof Parking Area: 1 Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease. rent or sale. (Ord• 002-469 2-19-2002) Calculating Spaces 2 When the determination of the number of required off ing spaces results in a fraction, each fraction of one-half(1/2) or more shall constitute another space Floor Area Determination: Floor area is based on ninety percent (90%) of aross floor area or actual usable area. (Ord. 002-469. 2-19002: amd. Ord. 004-519, 9-20-2004 3. {A)(B) Required Parking Spaces- 1. paces.1. Number of Spaces: Off street parking spaces shall be provided in accordance with the specifications of this section whenever any new use is established or an existing use is enlarged in all districts except the B-2 downtown business districtyiheneyer aRy n .. ase-isestablished-or exist+ag-use-is-enlarged. Uses Parking Requirements Accessory apartment 1 per dwelling unit Animal clinics 1 space per each examination and treatment room plus 1 space per employee on the maximum work shift5-Per-Jester-P1616 1 Per additional ersploye Auto repair, major 3-2 per bay plus 2 peF seFViGe stationj per each employee on the maximum work shift Auto repair, minor 2 per bay plus 2-per 6eFViGe st 1 per each employee on the maximum work shift Auto sales 1 space per 1,000 square feet of gross floor area for indoor display area Bed and breakfast 1 per room plus 1 per employee aton the maximum work shift Bowling alley 5 for each alley Brewery, small Dbrewery, Odistillery, 1 space/1 500 sf of manufacturing, fabrication, Mmicrodistillery, with or without Ococktail room processing, or warehouse area or Ttaproom Plus 1 space/200 sf of taproom or cocktail room floor area Child daycare center, commercial 1 per employee on the maximum work shift plus 1 per every 10 children ShurshesPlaces of worship, funeral homes and 1 per 4 seats in principal assembly room. theaters Define seat as 22 inches i Clinics 1 space per 250 square feet of gross floor areas-per-dG er-addit G" e-R*Gyee Clubs 1 per 43 customers to maximum seating capacity Commercial recreation uses 1 per 2 customers to maximum capacity Convenience stores, with and without gas 1 per 200 square feet Gr-of retail plus 1 per employee on the maximum work shift Data center 1 per 2,000 square feet Dwellings, n4Wfi farnil mpartment 2-.51.5 per dwelling unit Dwellings, quad; w-nheuse and-two4amn yunit; 2 per dwelling unit and twin home-and-wad eGrMGn-parking-space Dwellings, townhouse 2 per dwelling unit Dwellings, single-fam4unit 2 per dwelling unit Golf courses 2 per hole Greenhouses and nurseries, commercial 1 per 600 square feet of display/sales area Grocery stores At least 1 off street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet. At least 1 off street parking space for each 250 square feet of floor area in a building that has between 10,00 1 and 30,000 square feet. At least 1 off street parking space for each 300 square feet of floor area in a building that has more than 30,000 square feet Group daycare facility, 13 to 16 persons -1 per employee on the maximum work shift plus 1 per every 5 clients Group homes, (6 or less persons; 7 to 16 1 per employee on the maximum work shift persons; commercial) and nursing homes plus 1 per every 5 clients Health clubs 1 per 200 square feet Home occupations 2 spaces in addition to the requirement for the dwelling Hospitals 1 per 3-5 beds plus 1 for each 3 employees on the maximum work shift Hotels/motels 1 per rentakiFk ach quest room plus one per employee_on the maximum work shift Kennels, commercial 1 per employee on the maximum work shift plus 1 per every 1,000 square feet Manufacturing/industrial facilities 1 per 600 square feet Non-profit recreational cultural/entertainment 1 per 4 customers to maximum seating capacity Offices, personal and professional services 1 per 2-5G-300 square feet Personal health and beauty services 2 per operator station Public and parochial schools- elementary and 1 per classroom plus 1 for every 30 children junior high Public and parochial schools—senior high 1 per classroom plus 1 for every 3 children Public buildings 1 per employee on the maximum work shift plus 1 per 200 square feet Research facilities 1 per 600 square feet Restaurant, class II 1 per every 2-4 customers to maximum seating capacity Restaurants, class I, III, IV, brewpub and 1 per every 3-4 customers to maximum seating capacity plus 1 per employee on the maximum coffee shops work shift Retail facilities &Sservice facilities At least 1 off street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet. At least 1 off street parking space for each 250 square feet of floor area in a building that has between 10,001 and 30,000 square feet. At least 1 off street parking space for each 300 square feet of floor area in a building that has more than 30,000 square feet Senior care facility 1 per 3 beds plus 1 for each 3 employees on the maximum work shift i Sexually oriented business 1 per 200 square feet Supply yards 1 per employee at4he afge }on the maximum j work shift Warehousing facilities 1 per 2,000 square feet i - q _ -- lWholesale businesses 1 per 1,000 square feet (Ord. 002-469, 2-19-2002; amd. Ord. 006-548, 2-6-2006) Joint Parkins Facilities: 2 Required parkins facilities serving two (2) or more uses may be located on the same lot or in the same structure Conditions required for ioint use are@ (a) The proposed j int parking space is within four hundred feet (400') of the use it wffl_a@LY (b) The applicant(a) shall show that there is no substantial conflict in the principal operating hours of the two (2) or more buildings or uses for which joint use of off street Parkingfacilities is proposed_and (c) A properly drawn legal instrument approved by the city attorney, executed by the parties concerned for ioint use of off street parking facilities shall be filed with the clerk Said instrument may be a three (3) or more party agreement including the city- 3. Land Banking Sof Parking Spaces: (a) Additional Rparking spaces intended for future building expansion or anticipated needs may be required by the city in the form of land banking V ro u circa h +h (b) Areas to be land banked stte"shall be designed to integrate with existing parking areas.for apace and aisle design access points. landscaping provisions. and necessary stormwater control. (r) The approved site plan shall designate land banked parking areas which shall not be used for eem &%achieyinq required open space standards. (C) Location.. Location Bof Off Street Parking Facilities: 1 Required off street parking shall be on the same lot as the principal building. 2. Other Locations: 2. Parking spaces may be located on a lot other than that containing the principal use with the approval of the board of adjustment. 3. � r I Qpof Off Street Parking Facilities: (a) When required asoesse off street parking facilities are provided elsewhere than on the lot on which therg incipal use served is located written authority for using such property for off street parking shall be filed with the city so as to maintain the required number of off street parking spaces during the existence of said Principal use. (-a)------No such parking facility at its closest point shall be located more than one hundred feet (100') from the property nor more than four hundred feet (400')f_ rom the principal use or building served. 3.-----P in Residential Areas: 4— (a) All vehicles shall be parked on a hard surface driveway or parking apron. All parking areas shall maintain a five foot (6) setback from side and rear lotJin-e-s–.TI- F=XGeDtiQW = Darrel except parcels that have no recorded side and rear drainaae and utility easements may have a driveway-cpm' I ' adiacent to the side and rear lot lines, This exception is subject to the submittal of a lot survey and grading plan acceptable to the city engineer. (Ord. 008-587. 9-16-2008 WL121- Design and Maintenance Standards. Size Sof S ap ces: 1. Parking spaces shall be a minimum of nine feet by eighteen feet 4 Grading An and Drainage: 5:2 Surfacing: Prior to issuance of a certificate of occupancy, all parking areas, driveways and loading areas shall be surfaced with asphalt or concrete pavement following the city's engineering standard plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions a temporary certificate of occupancy may be issued contingent upon the extension of the security or letter of credit required under this chapter. All parking lots located in the front of buildings or adiacent to street rights of way shall be curbed. dra'Rag 6. Lighting: -7-.3. Any lighting used to illuminate any off street parking shall be so arranged as to reflect j the light away from adjoining premises in any R district. (Ord. 002-469, 2-19-2002) li 8-.—Access Driveways: i 4. (a) All off street parking areas shall have access from driveways rather than from public streets. i (b) Said driveway access shall be limited to thirty feet (30') in width at the right of way line and thirty feet (30') at the public street paved surface, except that driveways which serve as access for truck off street loading areas in industrial districts shall be thirty two feet (32') at the street right of way line along collector i streets and sixty feet (60') at the street right of way line along local streets. (Ord. 004-521, 11-15-2004) 5 Sians located in any parking area necessary for orderly operation of traffic movement Shall be in addition to accessory signs permitted in other sections of this code. (B)--Plans Submitted To to City Engineer;_. (E) _ Plans for parking lots shall be submitted to the city engineer for approval before construction may begin. 1. - Such plans shall indicate two foot (2') contours, paved surfaces, landscaping, drainage structures, lighting and other physical features. 4-2. Prior to approval of the parking lot plan, the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided to guarantee completion and compliance with the plan. Of R Required off street p@rl(IPq=&ha"Q on the saffl-0 Int Mc t ho IM �g tw CFO es prnmnc�rl- and pit ho n thr Banking of paFking spagaf,; I the eity for land ate+ d=be=deSigA6d=t@ Men fare the4o &*,a en=&orag&-o�eds=Or 2GQ2_) (14)--Recreational Vehicle Parking_: (SLE_Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows: 1. In the front yard, provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right of way must comply with section 9-1-9 of this code. 2. In the side or rear yard, recreational vehicles shall be parked or stored on asphalt, concrete, or decorative landscape rock. (a) All hard surfaced parking areas in the side or rear yard shall maintain a five foot (5) setback from the side or rear lot lines. (b) All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches (4 ) and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds. No class V(5) rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements. (Ord. 002-476, 5-6-2002) to me, -I setbael(fFew sude and- W 16 w (L-)-- Commercial Vehicle Parking On-on Residential Property: (M)(G) No commercial vehicles or contracting or excavating equipment may be parked, stored or i otherwise located on any residential lot within the city except as provided herein: 1. Class I Commercial Vehicles: (a) Class I commercial vehicles may be parked or stored on a residential lot with a minimum lot size of two and one-half(21/2) acres. The commercial vehicle must be entirely screened from neighboring residential property with a one hundred percent (100%) opaque screen consisting of wooden fencing, landscaping, berms or a combination of the foregoing. A commercial vehicle shall not be parked or stored within one hundred fifty feet (150') of any neighboring residential dwelling unit. (b) Class I commercial vehicles may be parked on a residential lot when loading, unloading, rendering a temporary service benefiting the premises or providing emergency services. 2. Class 11 Commercial Vehicles: Class II commercial vehicles may be parked on a residential lot if used as the resident's primary form of transportation to their resident's job or if associated with a permitted home business. 3. Class I OrorClass 11 School Buses: A class I or class II school bus may be parked on a residential lot (Monday through Friday) between the hours of eight thirty o'clock (8:30) A.M. and five o'clock (5:00) P.M. (Ord. 004-519, 9-20-2004) 002 469, 2 19 29^''; ^°~d ^" 649 ^ ''®,- Parking of Bicycles: In the SSMU (Spruce Street Mixed Use) district bike parking spaces shall be installed at ten percent (10%) of the total number of automobile spaces within the development For convenience and security, bicycle parkinq facilities shall be located near building entrances shall be placed parallel to the i sidewalks shall be easily visible and shall not be located in remote automobile parking areas. Such facilities shall not however, be located in places that impede pedestrian or automobile traffic flow or that would cause damage to plant material Bike racks shall provide a means for the bicycle frame and one wheel to be attached to a permanent fixture (designed for securing bicycles) by means of a lock. TITLE 13 Zoning Chapter 1 PERFORMANCE STANDARDS 13-1-9 SCREENING: The screening required in this section shall consist of a fence, wall;-landscaping or earth berm and shall not encroach into public right of way. Natural features such as differences in elevation and tree masses may negate the need for manmade screening in certain areas: (A) Screening to-in Residential Districts: Screening shall be required in residential districts where: 1. Any off street parking lot contains more than six (6) parking spaces. 2. Any material and equipment is stored other-thanwith the exception of recreational equipment,-- or construction material currently being used on the premises. (B) Screening 14- n Business ARd fadustFial-Districts: A one hundred percent (100%) opaque screen consisting of: 1) a six feet (6') to eight feet (8')-weeders opaque maintenance-free fence and landscaping, 2) landscaping and berms, or 3) a combination of both shall be required in business and industrial districts where: 1. Any structure,- or parking or sterage-is adjacent to and within one hundred feet (100') of property zoned for residential use. 2. Any side or rear yard of a business or-iadustry that is across the street from a residential zone. 3 All loading docks; commercial facilities with drive-through services automotive repair and service car washes: and other similar high activity uses associated with the building adiacent to residential districts shall be screened from adjacent property or street right of way by a six foot (6') opaque fence or masonry wall. (C) Screening in Industrial Districts: 1. _Any material-and equ+pmerA-stsred-sutsidestructure parking, or outdoor storage area, except in-for display yards or for those currently being used for construction on the premises located within one hundred feet (100') of property zoned for residential use requires screening. Any side or rear yard of an industrial property that is across the street from a residential zone also requires screening. Outdoor storage areas shall not be viewed from CSAH 50 or CSAH 31 nor shall any articles, goods, materials, incinerators storage tanks refuse containers or like equipment be kept in the open or exposed to CSAH 50 or CSAH 31. Outdoor storage areas do not require screeninq within any interior lot that is not exposed to CSAH 50 or CSAH 31. Required screening shall include either of the two following options: (a) A six (6) to eight foot (8') tall opaque maintenance free fence and landscaping. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection. The design and materials used in constructing a required landscape screen with fence shall be subject to the approval of the planning division, and shall include the following: (1) Plant material centers shall not be located within drainage and utility easement and not closer than five feet (5') from the fence line or property line. (2) Landscape screen plant material shall be in two (2) or more rows and staggered. (3) Shrubs shall be arranged to lessen the visual gaps between trees. Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3) on center. (4) Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted not more than fifteen feet (15') apart. (b) Landscaping and minimum six foot (6) tall berms. The landscape screen shall follow the requirements in subsection (C)1 of this section. The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the city engineer. The earth berm shall contain no less than four inches (41 of topsoil. 2. Loading dock areas shall be landscaped and/or screened so that the visual and acoustic impacts of their function is fully contained and out of view of adjacent properties and public streets. The required width for a landscaped yard along a local collector/industrial or local street is ten feet (10'). 3. Trash containers or trash compactors shall not be located within twenty feet (20') of any street, sidewalk or internal pedestrianway and shall be screened by a six foot (6) masonry wall on three (3) sides of the trash unit. {GELD) Screening in Mixed Use Districts: Screeningof service yards, refuse, and waste removal areas, loading docks, truck parking areas, and other areas which tend to be unsightly, shall be accomplished by use of a fence, wall, landscaping, or any combination of these elements. Screening shall block views from public rights of way, private street, and off street parking areas, and shall be equally effective in winter and summer. Chain link and slatted fencing are prohibited. R(E) Screening O€of Stored Waste Material: Screening shall be required in all districts where waste material is stored other than in an enclosed building. (Ord. 002-469, 2-19-2002) (F) Screening Of-of Roof Mounted Equipment: All new construction in the R-1 (nonresidential uses only), R-2 (nonresidential uses only), R-3 (nonresidential uses only), R-5, B, 1-1, IP, SSC, business/commercial flex, and mixed use zoning districts shall require rooftop equipment to be centrally located, except in cases where the property owner can show that this is not feasible, in which case the most unobtrusive feasible rooftop location shall be used. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. (Ord. 005-545, 10-17-2005; amd. Ord. 009-613, 10-19-2009) (E-)(G) Screening Oof Double Frontage Lots Adjacent Tto Collector Aand Minor Arterial Roadways: All subdivided land, included in all districts, which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional twenty feet (20') from the edge of the right of way line toward the property in order to allow space for buffering/screening along the back lot line. The developer shall be required to install the screening and this area may be screened by either a six foot (6') high wood fence with landscaping located between the fence and the property line a berm with landscaping a hedgerow, or an opaque landscaped screen The plantings should be installed in order to provide one hundred percent (100%) screening of rear buildings from the collector or minor arterial street. TITLE 14 Zoning Chapter 1 PERFORMANCE STANDARDS '14-1-1A LANDSCAPING: (A) Purpose: The purpose of this landscaping regulation is: 1. To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. 2. To minimize environmental effects of a development on a particular site and surrounding area by providing shade, erosion control, air purification, groundwater recharge, oxygen regeneration and noise, glare, and heat abatement. 3. To protect and preserve the appearance, character, and value of property and thereby promote the general welfare of the city. 4. To buffer conflicting land uses and enhance the quality and appearance of the entire site. (B) Landscape Plan Requirements: Plans for required landscaping in the B-1, B-2, B-3, B-4 SSMUG, MUCI, MUCR, 412-and 14--districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued. The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. A registered landscape architect, registered architect, certified arborist, horticulturist or landscape designer shall prepare the plan. (C) Landscape Plan Contents: A landscape plan shall include the following information: 1. North point and graphic scale, not less than one inch (1") to one hundred feet (100'). 2. The name of the project; developer; owner; and the person who prepared the plan, with their professional designation; and the date and revision dates of the plan. 3. Accurate final grades at two foot (2') contour intervals. 4. The location and dimensions of all existing and proposed structures, parking lots and drives, curbs, sidewalks, refuse disposal areas, fences, storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the city. 5. The location, size, and type of all overhead, at grade, and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation. 6. The location, type, sizes and quantity of all proposed landscape materials shall be delineated on the plan. Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. 7. All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name, the quantity of proposed plants and trees, their height, caliper or gallon size and any requirements during installation. 8. Location of hose connections and other watering sources including the location of irrigation systems. 9. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation must be illustrated and explained. Any existing trees, twelve inch (12 ) diameter or larger measured at four and one- half feet (41/2') above ground that are proposed for removal, must be included on the plan. 10. Water permeability test results are required to be shown on the landscape plan. See subsection (E)2 of this section for testing techniques. (D) General Landscaping: 1. Landscaping Required: All areas not covered by buildings, paved areas, or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. Any outdoor storage area shall be surfaced to control dust. 2. Developed Uses: In all residential, business and industrial districts, except in B-2, developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage and off street parking, except for driveways, and shall be at least ten feet (10') in depth. 3 e Ne^r,,,�odentdalBusiness Uses: Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') of a residential zoning district (R-1, R-2, R-3, and R-5) a landscaped yard ten feet (10') in width shall be installed; the required with a-_one hundred percent (100%) screening (plant material, fence, etc.), as described in Sec. 10- 6=9,shall be installed within the landscaped yard. 4. Industrial Uses (a) Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') of a residential zoning district (R-1 R-2 R-3 and R-5) a landscaped yard twenty-five feet (25') in width shall be installed the required one hundred percent (100%) screening (plant material fence etc.) as described in Sec. 10-6- 9, shall be installed within the landscaped yard. (b) All open spaces shall be dustproofed surfaced landscaped rockscaped or devoted to lawns. (c) Not less than two-thirds (2/3) of the required building setback area from any dedicated street shall be landscaped with lawns trees shrubs and walkways. (d) Landscaping shall be installed within ninety (90) days of occupancy or substantial completion of building whichever occurs first weather permitting. 45. High Density: High density residential developments which range from seven (7) and sixty (60) units per acre shall include at least twenty percent (20%) of the parcel as landscaped open space and ten percent (10%) of the parcel must be developed for private recreation and/or common open space. 5.6. New Construction: New business construction in the B-1 limited business district shall maintain a minimum of ten percent (10%) of the site area as landscaped open space devoted to pedestrian use. 6-7. Off Street Parking: Any off street parking lot containing more than six (6) parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a) Number O�-of Plant Materials: One tree and three (3) shrubs for every forty feet (40') of parking lot perimeter installed as close to forty feet (40') as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements, in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three (3) or more and installed to visually buffer the parking lot and roadway. (b) Minimum Landscape Area: A continuous nonpaved area at least ten feet (10') in width, shall be located between the edge of the parking lot and the property line. (c) Plant Species: Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways. Visual buffers shall be a maximum of three feet (3') in height at maturity. No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. �8. Parking Lots: Any parking lot containing more than twenty (20) parking spaces shall provide landscaping as follows: (a) Number Of-of Plant Materials: A minimum of one tree and three (3) shrubs for every twenty (20) parking spaces is required. Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b) Location Of-of Interior Islands: A minimum of one interior planting island for every twenty (20) parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the community development department. (c) Interior Planting Island: The planting island shall have a minimum width of eight feet (8'), a maximum length of sixteen feet (16'), and a minimum area of one hundred twenty eight (128) square feet. A minimum of seventy percent (70%) of every interior planting island shall be planted with live plant material, such as trees, shrubs, ground cover, or turf grass. The shrubs and ground cover shall be a maximum height of three feet (3') at maturity. The remaining area of the interior planting island shall be covered with an organic mulch. (d) Location Of-of Conduits: In cases where lighting conduits are installed within the interior planting islands, the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e) End Islands Of-of Parking Aisles: The end islands of all parking aisles and corners must be a minimum width of eight feet (8') and a maximum length of sixteen feet (16') for a single parking aisle or thirty two feet (32') for double parking aisles. The end islands shall be landscaped as required above. (f) Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area. (g) SuggestedLocation O#-of Interior Islands dor-for Safety: Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces, the driving aisles should be aligned toward the major destination as permitted by topography. This allows for pedestrian traffic to move through the aisles instead of crossing parking bays. One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography. Plantings may be located along the sidewalk to promote an aesthetic approach toward the building. — S reefiirig-OfHIfj."Gtivity Uses:owes: All leading dG drive-through-sew+ "" "" ; and ether similar d with the building aAaGent to residential diGtFiGt6, shall be GGFeenerl from adjaGent property or street right of way by feet (6') opaque fenGe or rn n Fy mall. Ssreeriirlg Of Storage-Yards: In l-distr4st6-, no-outside stern e---c s s I-be paflowed-ri `t rage tanks ho kept in the open or exposeto h ubliG view Or view from adjaGent buildings, without prior approval ef the Gity. if Gutside steFage is given ity approval, all materiaGIS aR HIpFeiai;shall be E;GreeRed One hundred perren I ° ' gh opaque wooden fease,and landSGapiFi ; , OF G) a GOmbinatiGR Of both to fully sGreen t outdoor steFag4-- right(%qL_9GFeening Of Double Frontage Lots AdjaGent To Gel!eGtGr And Minor Arterial Readways: All subdivided land, ORGluded in all angles e whiGh baGk6 up to soner parallel to the rolleGto or arterial, shall provide for eaGh double frontage lot an additional twenty feet (20') from the of the Fight may line toward the property OR 9FdeF to a"A-I.A.9 6paG for buffeFiRg/GGFeening along the baGk lot line. The developer shall be- required to instull4heGreening ^ort this area may he snreened by eitherG�� foot(6') high WAod fenrcrrne-with land.r-n--apinia-Inn property lane, a beFrn with a screen The plantings should he iRstalled-in order to provide one hundred peFGeRt (100%) ssreeriinF OF (E) Planting Requirements: 1. Specifications: The minimum planting sizes for all plant material is the following: (a) Evergreen trees: Six feet (6') in height as specified by the American Association Of of Nurserymen, except for the true dwarf varieties. (b) Ground cover plants: Crowns, plugs, containers, in a number as appropriate by species to provide fifty percent (50%) surface coverage after one growing season. The species must provide seventy five percent (75%) to one hundred percent (100%) surface coverage after two (2) growing seasons. (c) Medium and large deciduous shade trees: Two inch (2") caliper, as measured six inches (6") above the ground as specified by the American Association Of Nurserymen. (d) Shrubs (deciduous and evergreen, including spreader and globe tree forms): Twelve inches (12") to eighteen inches (18") in height. (e) Small deciduous or ornamental trees: Minimum caliper of one and one-half inches (11/2") as specified by the American Association Of-of Nurserymen, except for the true dwarf varieties. (f) Sod: As required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard. (g) Turf and native grass: Seeding as appropriate to provide complete coverage within the first growing season. 2. Soil Specifications: The landscape plan must contain results of a water permeability test. A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug eighteen inches (18") into the ground. Fill the hole with water and if after eighteen (18) hours the hole still retains the water, the soil is determined to be too poor for planting. 3. Poor Soil Remedies: If the soil is determined to be too poor for planting, the following two (2) possible remedies are recommended. The first remedy is to install a ten foot (10') wide raised planting bed in order to provide acceptable planting soil. The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches (2 ) above the ball. The bed must be covered with four inches (4") of mulch to provide for moisture retention. A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five (5) times the size of the root ball and replace the soil with quality planting soil. This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil. (F) Lot Frontage Tree Asad-and Boulevard Tree Species: 1. Prohibited Species: j (a) In no cases shall prohibited species be planted as boulevard trees. Prohibited species are defined as the following trees: (1) Ash species (2) Box elder j (3) Evergreens I (4) Ginkgo (female only) i (5) Nondisease resistant elm species (6) Nonhybrid cottonwood species (7) Silver maple (b) In no cases shall prohibited species be planted as lot frontage trees. Prohibited species are defined as the following trees: (1) Ash species (2) Box elder (3) Nondisease resistant elm species (4) Nonhybrid cottonwood species (5) Silver maple 2. Landscape Plan: Developers of new developments must submit a landscape plan to the planning division. The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings. The lot frontage trees are required in the front yards of lots in new developments. Boulevard trees in new developments shall only be installed on city approved boulevard tree routes. The only exception would be if an agreement is made with a homeowners' association or other such organization where the responsibility to maintain the trees is that of the named organization in perpetuity. j I (a) Spacing p-or-for Lot Frontage And-and Boulevard Trees: (1) Lot frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every forty feet (40') of lot frontage or one tree per lot if forty feet (40') is not feasible. The developer is responsible for installing the lot frontage trees per the landscape plan as required by the development contract, Special planting designs for lot frontage trees need to be approved by the planning division. (2) Boulevard trees in new developments shall be located on city approved boulevard tree routes and be installed at a minimum spacing of one tree for every forty feet (40') of boulevard frontage or one tree per boulevard frontage if forty feet (40') is not feasible. The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract. (b) Location 1=eT--for Lot Frontage ARd-and Boulevard Trees: (1) Lot frontage trees in new developments shall be planted by the developer per the development contract on private property eight feet (8') from the front property line and shall be installed in a parallel line to the front lot line. (2) Boulevard trees in new developments shall be planted by the developer per the development contract on city approved boulevard tree routes in the center of the city boulevard width between the property line and curb or the sidewalk and curb. The distance trees may be planted from curbs, sidewalks, trails, or pavement shall be no closer than four feet (4'). (c) Distance f=-Fere from Street Corners Ap4and Fire Hydrants: No lot frontage tree, boulevard tree, replacement tree, landscape material or fences shall be located within the triangle of visibility, which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge or intersecting streets thirty feet (30'), and connecting their end points with a straight line. No lot frontage tree, boulevard tree, or replacement tree shall be planted closer than ten feet (10') from any fire hydrant. (d) Utilities: No lot frontage tree, boulevard tree, or replacement tree may be planted within ten (10) lateral feet of any underground water line or sewer line (sanitary or storm) and two feet (2') from any other underground utility. Gopher State One shall be called to request locations of utilities. (G) Tree Maintenance: 1. The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city boulevards. (a) Planting Requirements: The natural resources division will review all planting of trees and shrubs within "city boulevards", defined as the area between property lines on either side of all streets, avenues, or ways within the city. (b) Replacement Of-of Trees: (1) The city shall be responsible for removing existing boulevard trees that have died, are dying, or sustained severe damage. The city shall replace trees on designated boulevard tree routes. (2) The owner of any lot of record may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet (6) from the property line in front yard drainage and utility easements. (c) Trimming Requirements: The city will be responsible for all trimming of boulevard trees. As these trees are on city property, and are essentially and legally city property, they must be maintained by the city to ensure that they are properly trimmed for structural integrity and disease control measures. (d) Responsibility For-for Maintenance Of-of Trees: (1) The city will inspect and trim boulevard trees. (2) The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property. (e) Height Standards: Trimming height standards must maintain a ten foot (10') clearance above any walkway and fourteen feet (14') above the roadway. These requirements provide clearance for walkers, snow removal equipment and solid waste vehicles. (f) Brush Prem-from Pruning: The city will not collect any brush resulting from pruning or removal of trees or brush from private property. (g) Emergency Collection 9f-of Brush: An emergency brush situation would occur when the public safety officer declares one to exist. Then and only then will the city collect brush generated by residents on private property, as a onetime emergency service. (H) Tree Topping: 1. It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in section 8-6-10 of this code. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the natural resources division. (1) Pruning, Corner Clearance: 1. Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet (10') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (J) Dead 9r-or Diseased Tree Removal On-on Private Property: 1. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city in accordance with title 7, chapter 6 of this code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the city. The natural resources division will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notices. I (K) Removal Of--of Stumps: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (L) Tree Protection 4n-in Construction Zones: 1. Specifications: Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment, and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved, placing the fencing no closer to the trees than their drip lines, and this information shown and noted on the plans. Protective fencing shall be maintained I throughout the construction period. Alternative protection measures may be approved by the zoning officer. Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this section. Trees counted shall be all existing deciduous trees with a trunk size of four inches (4'f) or larger, measured at four and one-half feet (4112') above the ground and all existing evergreen trees measuring five (5) vertical feet or more in height. 2. Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two (2) years after completion of the activities associated with construction of the site, the owner of the property must replace the trees within six (6) months at a ratio of one to one (1:1) with an approved tree having a minimum diameter of two inches (2") measured at a point six inches (6") above the natural grade. Shrubbery or other plantings which die within two (2) years of completion of the activities shall be replaced in kind within six (6) months. (M) Overhead Utility Line Planting Requirements: 1. Location: Overhead utility lines must be located on the landscape plan. In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line, the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard, but five feet (5') to ten feet (10') from the property line, the screening and buffer yard plantings shall be installed along the property line with city staff approval. 2. Species: The following guidelines must be considered when planting near overhead utility lines. Considerations should be given to soil conditions, drainage, exposure, growth patterns, and local experience when selecting plant materials. Type Height Where Planted f Shrubs Maximum of 15 feet Under overhead lines Small trees Over 15 feet, but under At least 15 feet from overhead utility 30 feet lines I Medium trees 30 -70 feet At least 35 feet from overhead utility lines i' Large trees Over 70 feet At least 45 feet from overhead utility f j; lines (N) Landscape Guarantee: 1. Guarantee: All new plantings shall be guaranteed for two (2) full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. 2. Surety: Prior to approval of the landscape plan, the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan. 3. Completion Of-or Bond: A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 016-716, 9-6-2016) TITLE 15 Zoning Chapter 1 PERFORMANCE STANDARDS .152i_.11), cuno,�ORE LANDSHORELAND MANAGEMENT REGULATIONS: (A) Purpose Aro-and Authorization: 1. Purpose: The uncontrolled use of shore Ja+ shorelands affects the public health, safety and general welfare by contributing to the pollution of public waters, negative impacts on fish and wildlife habitat, and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shore landshorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shore-landshorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shore4andshorelands, and provide for the wise use of waters and related resources. The city of Farmington hereby recognizes this responsibility. 2. Statutory Authorization: This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Annotated, chapter 103F, Minnesota regulations, parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Annotated, chapter 462. (B) General Provisions: 1. Jurisdiction: The provisions of this section shall apply to the share landshorelands of the public water bodies as identified in subsection (D) of this section. Pursuant to Minnesota regulations, parts 6120.2500-6120.3900, flowage less than ten (10) acres in size is exempt from the requirements under this section. 2. Application: This section shall apply to any applicant for a subdivision approval, or permit for grading, excavation, or mining in shere landshoreland areas issued after July 15, 2002. This section applies to all land located within the defined shore landshoreland. 3. Abrogation Andand Greater Restriction: It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other sections of this code inconsistent with this section are hereby repealed to the extent of the inconsistency only. 4. Compliance: The use of any shore landshoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shore landshoreland area; the cutting of shore landshoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. 5. Interpretation: In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 6. Severability: If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. (C) Administration: 1. Variances: The planning commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department-Department of natural Natural resoorses Resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (C)2 of this section shall also include the summary of the public record/testimony and the findings of fact and conclusions that support the issuance of the variance. 2. _Notifications Ts-to The-the Department 9f-of Natural Resources: Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local 6h-ore landshoreland management controls must be sent to the commissioner of the depar#ner�t Department of natural-Natural resourGes-Resources or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local share landshoreland management controls must be sent to the commissioner of the department-Department of natur-a�Natural reseurses Resources or the commissioner's designated representative and postmarked within ten (10) days of final action. 2:3 Mandatory EAW: An Environmental Assessment Worksheet consistent with Minnesota Rules Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules part 4410.4300 Subparts 19a 20a, 25, 27, 28, 29, and 36a. (D) Shore LandShoreland Classification System aAnd Land Use Districts: 1. %her-e 6andShoreland Classification System: The public waters of the city of Farmington have been classified below consistent with the criteria found in Minnesota regulations, part 6120.3300, and the protected waters inventory map for Dakota County, Minnesota. (a) Agricultural Rivers Location Vermillion River T. 11 A R. 20W, Section 1 and T. 114 N, R. 19W, Sections 29, 30, and 31 And R. 20W, Section 36 (b) Tributary Rivers/Streams* North Creek T. 114N, R. 20W, Sections 3, 4, 8, 9, 10, 11, 12, 13 and T. 114N, R. 19W, Sections 18, 19, and 30 Middle Creek T. 114N, R. 19W, Section 30 and T. 114N, R. 20 W, Sections 15, 16, 17, 21, 22, 25 and 26 South Creek T. 114N, R.20W, Sections 19, 20, 29, 32, 33, 34, 35, and 36 *All protected watercourses in the city of Farmington shown on the protected waters inventory map for Dakota County, a copy of which is hereby adopted by reference, not given a classification above shall be considered "tributary". The ebere landshoreland area for these water bodies shall be shown on the official zoning map (or official zoning overlay map). 2. -=-L4Xs-tRGtLand Uses Distrusts for Rivers aAnd Streams Shoreland: ( La�_The land uses distKists identified on Ghapter 5 of this title, and the allowable 1 usehereinn for the given classifications of water bodies; shall comply with the table below as well as the uses of the underlying zoning district; the more restrictive shall apply. be pFepeFly shere fare r P = Permitted use C = Conditional use N = Prohibited use Agricultural Tributary Residue Sinule esiden:i n'-unit detached P P dwelling - - Twin home,Ttwo-uJJnit, and P P tThree-to fl=our-uUnit 1sDuplex, triplex, quad residentia-1 Residential PUD .0 C Commercial � � Commercial PUD* C C Solar Power Facilities (principal C C use Parks/historic sites P P Public/Semipublic C C Industrial N Agricultural: cropland and pasture P P Agricultural feedlots: New N N Agricultural feedlots: Expansion or C C resumption of existing Forest management P P Extractive use C C Forest Mamaageaffl- -O-At P R dem-ipi�bl+G G S Feswo-04&1 42 High density resideniaf: • deetial P ForT�resstrm Ragement P -P f 'ks/hiotvnrrio-site -P P I C � Single residentialP P Ge-neral use distri i7`OWAWKAW $ G MI * £xtraGttveti-use b b Cnre R# mMnnnem4p p. P Park ihisteFiG sites P P RUN:G/sei.ipabk j *Limited expansion of a commercial planned unit development involving up to 6 j additional dwelling units or sites may be allowed as a permitted use provided the provisions of the city's PUD requirements are satisfied. 1 I,;ee4n"pgradiRg.Of�GGnt Land Use DicwlriGtSr v 1-1-i1-ttStt , da ies on the-GfflG4l-Ze IAnd I+se d distriGt-duntil Gns arc g� the land use dOrtFiGt designafien Within an exi ting land use distrint hou FI use diStF;Gt shown OR the e#IGial ZGRiRg map: ()--VVhen-a4ev tAn--tG iia-Rd-ase4i&tri proposed, d use d+strist and 4h r-aIl Ghore 'andnn 0th `irl_��c_,_c of the Fiver_n�"st�the same rlac"cfratii yt withi" the jurisdistia bstaatiaiI seMpatible within the �i--ffan4ewe e same riveF GlaSSifiGation is -f71t�F- G9rM9uo6Ls-fec-tan a fivernele-segment-,-o-nly the shore land feF distaRse of 2.5+miles upstream and dewestfeam, arta the Glass beeedapF4 sleser,-;,eed-be-evaluated-and4evised. (b) Interpretation (1) _When an interpretation question arises about whether a specific land use fits within a given "use" category, the Pplanning Ccommission shall decide the issue. 04LQ_When a question arises as to whether a land use district's boundaries are properly delineated on the official zoning map, this decision shall be made by the city council. /n1 IA hen a revision io nrnnnc td fn nn innnn i tont land use distrinF nroviso8n h-an G ndividual party of!�Rd�wrier, this individual paFty of landowneF will GRIy be respeRs"e to previe suppertifig and/oF substantiating information for the on develepm d 6e&tiGn. enu . (E) Zoning ARd-and Water Supply/Sanitary Provisions: 1. Lot Area A 4and Width Standards: _Rivers/Stream Lot Width Standards: (1) There is no minimum lot size requirement for rivers and streams. The lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after the date of enactment of this section for the river and stream classifications are the following: Agricultural Tributary Single-unit 150 75 dwelling 9uplexTwin 225 115 home/Two-unit dwelling TroexThree- 300 150 unit dwelling QuadFour-unit 375 190 dwelling f I (2) Residential subdivisions with dwelling unit densities exceeding those i the table above can only be allowed if designed and approved as residential Manned unit developments. (b) AdditiGRal-Special Provisions-. for Planned Unit Developments (PUDs): (1) Processing of PUDs: Planned unit developments in the eShorelland dDistrict must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined in Section 10-5-2419 When there is a conflict in requirements, the more stringent of the requirements shall be applied. (2) Density Determination: Proposed new or expansions to existing planned unit developments in the Shorelland District must be evaluated using the following procedures: A. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one of more lines parallel to the ordinary high water level at intervals of 300 feet, proceeding landward B Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters C. Determine Base Density i For residential PUDs divide the tier width by the minimum single residential lot width ii. EIIA"n"Imn WAR d-.O..g these th&4abIe=abov@ can only devel�Lot width standards must be met at both the ordinary high water level and at the building line. iii. These standards assume that publicly owned sewer system service is available to the property. D. Determine if the Site can Accommodate Increased Density: Increases to the dwelling unit or dwelling site base densities are allowed up to the maximum density seen in the table below if all design criteria are met as well as the following standards are met: i. Structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback: or ii. The impact on the waterbody is reduced an equivalent amount through vegetative management , topography, or additional acceptable means and the setback is at least 25 percent greater than the minimum setback Shoreland Tier Maximum Density Increase within each Tier (percent) 1 st 50 2nd 100 3rd 200 4th 200 5th 200 (3) Design Criteria All PUDs in the Shorelland must meet the following design criteria A. General Design Standards i All residential planned unit developments must contain at least five dwelling units or sites. ii. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development. iii. Shore recreation facilities must be centralized and located in areas suitable for them based on a suitability analysis. The number of spaces provided for continuous beaching, mooring or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment may be provided for use by occupants of dwelling units or sites located in other tiers. iv. Structures parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks color, or other means acceptable to the local unit of government assuming summer, leaf-on conditions Vegetative and topographic screening must be preserved if existing or may be required to be provided. V. Accessory structures and facilities except water oriented accessory structures must meet the required structure setback and must be centralized. B. Open Space Requirements i Open space must constitute at least 50 percent of the total project area and must include: (1) Areas with physical characteristics unsuitable for development in their natural state; I (2) Areas containing siqnificant historic sites or unplatted cemeteries.; ii. Open space may include: (1) Outdoor recreational facilities for use by owners of dwellinq units or sites by quests staying in commercial dwelling units or sites and by the general public; (2) Non-public water wetlands. iii. Open space shall not include: (1) Dwelling sites or lots unless owned in common by an owners association; (2) Dwelling units or structures except water-oriented accessory structures or facilities; (3) Road rights-of-way or land covered by road surfaces and parking areas; (4) Land below the OHWL of public waters: and (5) Commercial facilities or uses. 2. Placement, Design ArA-and Height Of-of Structures: __Placement Ofof Structures Onon Lots: (1) When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. (2) Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shoreline buffer area. 0)(3) Structures and en siteonsite sewage treatment systems shall be set back (in feet) from the ordinary high water level as follows: Water Classification Structures Sewered Sewage Unsewered Treatment Systems Agricultural river 100 100 100 Tributary river/stream 100 50 75 Where averaging is allowed, structure setbacks cannot be less than fifty percent (50%) of the minimum setback. (b) Design Criteria der-for Structures: (1) Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure not meeting the normal structure setback requirements of this section if this water oriented accessory structure complies with the following provisions: A. The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight feet (8') above grade at any point. B. The setback of the structure or facility from the ordinary high water level must be at least ten feet (10'). C. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shore taedshorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. D. The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area. E. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (2) High Water Elevations: Structures must be placed in accordance with any floodplain regulations applicable to the site. (3) Structures Without Water Oriented Needs: Structures without water oriented needs must be placed on nonriparian lots, or be double the structure setback, or screened from view from public waters by vegetation, topography, or both. 3. Shere-6andShoreland Buffer Areas: (a) Application: For lots of record created after July 15, 2002, a buffer area shall be maintained abutting all rivers and streams. Buffer vegetation shall be established and maintained in accordance with the requirements that follow. (b) Buffer Area Vegetation Requirements: Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless approval to replace such vegetation is received. A buffer has acceptable vegetation if it: (1) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least five (5) consecutive years; or (2) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least five (5) consecutive years; or (3) Contains a mixture of the plant communities in subsections (E)3(b)(1) and (E)3(b)(2) of this section that has been uncultivated or unbroken for at least five (5) years. (c) Maintenance Of-of Buffer Areas: Buffers shall be staked and protected in the field prior to construction unless the vegetation and the condition of the buffer are considered inadequate. Existing conditions vegetation will be considered unacceptable if: (1) Topography or sparse vegetation tends to channelize the flow of surface water. (2) Some other reason the vegetation is unlikely to retain nutrients and sediment. (d) Requirements Fe-r-for Replanting: Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within ten (10) years of the permit application, or where approval has been obtained to replant, buffers shall be replanted and maintained according to the following standards: (1) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a onetime planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the city. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (2) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive species. (3) Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction. (4) During the first five (5) full growing seasons, except where the city has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than ninety percent (90%). The owner or applicant must assure reseeding or replanting if the buffer changes at any time through human intervention or activities. (5) No fertilizer shall be used in establishing new buffer areas. (6) Applicants may obtain from the city a set of standard seeding and planting specifications for buffer areas, which meet all the city requirements. (e) Buffer Identification: Buffer areas shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each three hundred feet (300') of wetland edge. (f) Vegetation Clearing Or-or Removal: The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees that are dead, diseased, noxious weeds, or hazards. Owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife. (g) Dumping In-in Buffer Areas: Dumping yard waste in buffer areas, including leaves and grass clippings, is prohibited by this section. (h) Determination Of-of Buffer Areas: All buffer areas are measured from the ordinary high water level as marked in the field. (i) Minimum Buffer Areas: Buffers shall be established adjacent to major waterways as shown and classified on map 1 -Vermillion River watershed attached to the VRWJPO standards, and as described for the various classifications below. (1) Conservation corridor; lower reach (Vermillion River downstream of Biscayne Avenue): One hundred fifty foot (150') average, one hundred foot (100') minimum measured from the edge of the meander belt of the river. (2) Conservation corridor; upper reach (Vermillion River upstream of Biscayne Avenue and South Branch Vermillion River): One hundred fifty foot (150') average, one hundred foot (100') minimum measured from the edge of the meander belt of the river. (3) Aquatic corridor; principal connector: Required buffer width one hundred foot (100') average, sixty five foot (65') minimum measured from the edge of the meander belt of the river. (4) Aquatic corridor; principal connector with trout stream designation: One hundred foot (100'), no averaging, as required by the NPDES general construction permit. (5) Aquatic corridor; tributary connector: Fifty foot (50') average, thirty five foot (35) minimum, plus two feet (2') for every one percent (I%) of slope measured from the edge of the meander belt of the tributary. (6) Water quality corridor: Thirty foot (30') average, twenty foot (20') minimum where there is a flow path for concentrated surface runoff measured from the centerline of the flow path. Q) Buffer Averaging: The city may recommend buffer averaging for buffers in areas designated manage 1, manage 2 or greenway corridors in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on site contained in the buffer area remains the same. No buffer averaging is allowed for trout stream buffers. (k) Public Trail Exemption: Public trails that are routed through stream buffers for specific interpretive purposes shall be exempted from this requirement. (1) Maximum Width: If the area of the buffer has a preconstruction slope of twelve percent (12%) or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography. (m) Stream Buffer Area Mitigation: Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or improved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation: (1) Buffer Replacement: Buffers must be required at a one to one (1:1) ratio. The buffer requirement associated with the stream classification will be required for the replacement buffer, unless replacement is occurring adjacent to a stream with a higher classification. In this case, the buffer area requirement for the higher stream classification will apply. (2) Mitigation Goals: Mitigation shall be equal to or shall improve buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat. (3) Wildlife Diversity: Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity. (4) Trout Streams: Mitigation in buffer areas along trout streams shall require landscaping that protects trout habitat, such as trees, shrubs, and tall native grasses that shade the stream. (5) Area Of-of Mitigation: Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the city. (6) Buffer Plantings: Stream buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in subsection (E)4 of this section. 4. SbeKe-LandShoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve sh-are laedshoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (a) Vegetation Alteration: (1) Standards: Removal or alteration of vegetation, except of agricultural uses as regulated in subsection (E)7 of this section is allowed subject to the following standards: A. Intensive vegetation clearing within the shore zone and on steep slopes is prohibited. B. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water oriented accessory structures or facilities, provided that: i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; ii. Existing shading of water surfaces is preserved along rivers; and iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (2) Exemption: Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection (E)5 of this section are exempt from this subsection. (b) Topographic Alterations/Grading Armand Filling: (1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. (2) Public roads and parking areas are regulated by subsection (E)5 of this section. (3) Notwithstanding subsections (E)4(b)(1) and (E)4(b)(2) of this section, a grading and filling permit will be required for: A. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and B. The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shore-lapAshoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. (4) Conditions Fir-for Approval: The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: A. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: i. Sediment and pollutant trapping and retention; ii. Storage of surface runoff to prevent or reduce flood damage; iii. Fish and wildlife habitat; iv. Recreational use; V. Shoreline or bank stabilization; and vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota department of natural resources, or the United States army corps of engineers. The applicant will be so advised. B. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; C. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; D. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; E. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States soil conservation service; F. Fill or excavated material must not be placed in a manner that creates an unstable slope; G. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater; H. Fill or excavated material must not be placed in bluff impact zones; I. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes Annotated, section 105.42; J. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; K. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3) horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3'). 5. Placement©f-of Roads, Driveways, An4-and Parking Areas: (a) Design Requirements: Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Applicants shall provide documentation by a qualified engineer establishing that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (b) Setbacks: Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. (c) Shore Impact Zones: Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within the shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of this section must be met. 6. Stormwater Management: (a) Natural Drainageways: When possible, existing natural drainageways, wetland, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. (b) Reduction Of-of Runoff Volumes: Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff, velocities, erosion potential, and reduce the delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (c) Design Criteria: When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (d) Impervious Surface Coverage: Impervious surface coverage of lots must not exceed twenty five percent (25%) of the lot area. (e) Documentation Required: When constructed facilities are used for stormwater management, documentation must be provided by a qualified engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. (f) Stormwater Outfalls: New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 7. Agricultural Use Standards: (a) General Requirements: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States soil conservation service, as provided by a qualified engineer or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty feet (50') from the ordinary high water level. (b) Animal Feedlot Standards: Animal feedlots must meet the following standards: (1) New feedlots must not be located in the &here-landshoreland or watercourses or in bluff impact zones, and must meet a minimum setback of three hundred feet (300') from the ordinary high water level of all public water basins; and (2) Modifications or expansions to existing feedlots that are located within three hundred feet (300') of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. (Ord. 010-629, 10-18-2010) 8. Extractive Use Standards: Extractive uses are conditional uses and must meet the following standards: (a) Site Development and Restoration Plan. A Ssite development and restoration plan must be developed approved and followed over the course of opertation. The Plan must: (1) Address dust noise possible pollutant discharges hours and duration of operation and anticipated vegetation and topographic alterations: (2) Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and (3) Clearly explain how the site will be rehabilitated after extractive activities end. (-G)(b) Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs. (F) Nonconformities: All legally established nonconformities as of the date of this section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. When a nonconforming structure in the share landshoreland district with less than fifty percent (50%) of the required setback identified in subsection (E)2 of this section from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practical and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or body of water. 1. The following apply to share landshoreland lots of record in the office of the county recorder on the date of adoption of local shere landshoreland controls that do not meet the requirements of subsection (E)1 of this section. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in &4ore-landshoreland areas according to the following: (a) A nonconforming single lot of record located within the shsre-landshoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) All structure and septic setback distance requirements can be met; (2) A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to public sewer; and (3) The impervious surface coverage does not exceed twenty five percent (25%) of the lot. (b) In a group of two (2) or more contiguous lots of record under common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) The lots must be at least sixty six percent (66%) of the dimensional standard for lot width and lot size for the share-landshoreland classification consistent with Minnesota rules, chapter 6120; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, and local government controls; (3) Impervious surface coverage must not exceed twenty five percent (25%) of each lot; and (4) The development of the lot must be consistent with an adopted comprehensive plan. (c) A lot subject to subsection (F)1(b) of this section not meeting the requirements of subsection (F)1(b) of this section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (d) Notwithstanding subsection (F)1(b) of this section, contiguous nonconforming lots of record in slaore-Ia-ndshoreland areas under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota rules, chapter 7080, or connected to a public sewer. (e) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions. (f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Ord. 011-642, 12-19-2011) 2. Additions/Expansions Te--to Nonconforming Structures: (a) Structure Additions: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of subsection (E) of this section. Any deviation from these requirements must be authorized by a variance. (b) Deck Additions: Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (1) The structure existed on the date the structure setbacks were established; (2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and (4) The deck is constructed primarily of wood, and is not roofed or screened. (Ord. 010-629, 10-18-2010) TITLE 16 Zoning Chapter 1 PERFORMANCE STANDARDS 16 1 20 INDUSTRIAL PARK DESIGN STANDARDS-- (A) P49aase:-T e-iodustrfal-parkAe-sign standards establish design Griteria and Mini= -st;;Ada ds for dndU6tF*al pmeRt within t ie sits+e F-aFMiRs+E);—The pUfPese of the d4esige standards-is W 1 Enhpnne and n arfiGUlated industrial develepMeRt deskjR-&tc-mdaFds. standards whi,h eesst►rag and less eRd-u 3 Minimize adverse efheedsand to the sYFreanding-P . 4. CnhaRGe and pFeteGt the seGUrity and health, safety and welfare of all resideRts of the Gity of Farmington. 5. ciiitate aR URderstanding FaFFniRgtOR'6 expeGtatiGRs and to assist develepeFs in ' seri o4ng a-semplete and ef#is+ent appNsat+en-. lR�cess: F-armiRgtp ugh the he site plan-�rssese i ''�� . (G) AppliGability� 9 the *Rdustrial paFk d*GtF*Gt (1P) will be required to meet the standards iR this Ghapter-. PrnieGts exempt from meeting the standaFds are these industrial buildings that fall outsideistFict,or-are GO -ised of an"f4he following Pr-e}est types; (a)'RteTiGF remodels; /hl g"kfings being entirely used as recidentiRY (G) Normal r-reat+ne ma+ntenanGe and repair , (d) Any type Of GGRGtFunfinm-thni-does not require a building permit. (B} itd+rag Material Aad Besigw. of the - -W 0 ng materials and shall Fe 8r a nrnval-e#tk►e sites (a) Bre Fe;soler-an"lasemeRt-shall-be�approved. Stone: Stone shall polished, fluted or broken faGe: (&) ooriGrete-Tarot pj�-Na61�GARrret�rcte-ma S$r.},r�ji��blGGk shall be thoGe generally des ' n,„�e t Grote ma 11 Ghall bee brGkeR faGe Gk type units with le aggregateic. Allvv &ha"e Goated oF veneered an I pproved by the Gity. ere shall he ne expese l concreteblGGk cm the-exterier-of-any-bpi ilding unless approved by the Gity. (d) Co^orete: Gow8te may be oured 6R-plaGe, till up or preGarst; and shall be fonFshed-in SttGRe,i;r; , textared-OF seated;with-a-Raife-expeGWRG Ne-n ( 0) 4lternote AA 0 area#-each-bu4ding and-the-preengiR half PGFtiGR ef the building. QtheF GOrlditlGRE; are as fo lewrr. eperati6RS; (b} -Ar6llit-Glurally GOmpatible with the building as a whole -AeteFmined by the Got (G) GomplianGe with any additi6 the city; and (d) ModifiGatioRs aFe made with prior written approval of e 6lty planning division, adild+Rgs Shall-meet all requirements of this chapter: 4. ---Canopies: GaRopies w.tl-visible-wall hangers shall not be-permitted. DesigR of canopies 6hall_be in Leeming with thesign of the-building _ Gity-pr}gr t8 6ARStFU approved 5 Roof Mounted Equipment; 411 rooftop Illlhe�� 6et ba feet (20')#FORS-the-edge of t roof and shall h-ae-6Gr-ee reed.Gree^' either a parapet-wall along-#hereof edg mater4al as the building's primary veFt*Gal exposed exterior finish. €gniprrihall be painted a Reutral soler.The site plan shall indiGate eGhan'Gal reaftep equipment and shall inslude4ev�atoGsir Loading DOGks rile{design of+hc 1 e !RGOrperated onto the overall. des+grr-tfierne- building-b iild+ng-and-Gonstructed of materials equat-to or the Game prinGipal building. The le g_dGGko, are hall be landscaped--andler-screened se that the vosual and aGC)UGtiG mmpaGtS of their funGtOOR i6 fully GGntawned and out of view o adjaGent prep es andpeblr streets. The ped-yar"oR" lBG-trtleGtCYlindustralGF-IGGal street is ten feet (IR') The aFGhiteGtuFal desugn shall be GGntiRUGUS 2Rd uninterrupted-by-addet, towers, s, and-equipment. Ri ino��o that-abut Geeli"ig 0 ander-S6tln"ghway 31 st}altRet GonStFU6t4oa d86k thatff9Fltth . 7.Trash-Geeta or trash sar-r+pasteFs shae49sated-within twenty feet !2'1 of any by a ox feet (6') masonry 8----Geverage-Unless otherwise appmved-by-the-city;the ratio of buil6ng square feetage and parking area 11 not eXGeed sixty five PeFGeRt5%) of the total square-feetage e# any-building site withinfh-=he of ente"repefty. (E Itilities. All buildiRgs and E;tFUGtUres shall be served by undergreund utility distribution faGilities. Th *n6tallat*on `? Sh-11—Ot Ghange the grade or On grading--plan f9r#h"te: (F) --Building getba&Si I ding or other strUGtUre shall be enmetedwalnin #�rentprepe`r't,-y line; twenty five feet (26) of the sidea„d,ea ignored. . ere lots-are developed as one site, the iRte-.rFiG Lv7- Pa Areas; i. Surfa Ging• Prier and leading area6 shall be surfaGed with asphalt C)F GonGFete pavemeRt fellowing the Gity'S engineeFiRg standard plates. in the event said 6urfaGing GaRRot be GOmpleted due- to weather or seasonal reStFi4oris, a tempeFaFy Getttfifi GontiRgent upon the exteRSiC)R ef the E;eGUF*ty or letter Of Gredit required under this Gha^tPter. A"aFking-4ots lGGated i e front of building"r-adjasent fn &two tFeet4ights of way shall be GLJFbeC� '-_ Off Street Perking Snares Required: Off street parking shall be provided tG serve sqtG_ Th minimi im n,amber of parking (a) One spaoe for every siu h [.6 industrial SpaG nd Y �� One 6paGe for every two dred42-00) square feet Of OffiGe 6paGe; and One space4oreaGh two theurand (2,000) square feet of storage area, GF (b�- One spaGe per pr(�eGted employee per . Screening: All narking areasshallhe sOreened as renired4n-&ubSeGtien /I1 Of this Off:Gfie . 4. 1 Oration; Parking shallnof-be ' {these-faGing-any-dedinat�ed st,et�r-wrear property line unless otherwise H)Lan Gaping: All epee-spaces-shall-be dustpreefed, ped reskssaped er devoted to laWRS. Not lesE; thaR WO thirds (213) of the required building--setbaGk area from aRy ded+eated-sr-eet-s#call-be-4aedseaped-wit#-4a.n Rs, trees chr„bs an wa*ways—. l.-ands""I""gshaU be-i stalled lin-ninety O)-days-G#-GGGUPansy or stantial GeFnplet4GR of building-, w hiGhever-oGGurS-first:;-wleatber-permitting. pFojeGtS Within the C T s,, ly-te-all-preP��e,s♦e,,� ,,a one i Let--rr$,Mage-t-ree$=-t-trontage�rces shall be-planted nnnopy tree per forty fit (40') of 6treet e- 2. Perimeter Pa ') of park+ng4Gt perimeter frontage. Plante are to he installer) within ten et (i Q') of the paFkiRg lot frontage area. \ , T��,.,...' . 3. Interior Parking 1 nts. One plantiRg island per twenty (20) parkiRg 6paGes. One tree a three (3) shrub6 are required within eaGh pla4ng island. The plaRting island --;h-;;Il e 4. Buffer-Area-.- When Wh twenty five foot (75') buffer is rens eRGe g to GGFeen the aAaGent property-. /I0 T dsreT. -- Storage Areas: Outdoor Storage within the IP diStFiGt shall be an allowed aGGe66GFY L16e { -8Utrsl 8-0 GS 31 or 6F AH n hall any-4 " I , g 1 eraters, Storage tanks, refuse Gentainers nr �equipment be or expe6ed to GSAH 50 or GSAH 3-:17 fham,---Required-screening shall iRslade: (1) A sixx-tc7 t — ,a ar•�d mintenance free fen Iand6GapiRg. The de for-deterfmlrF7" inn height shall he the grade elevatiea-ef-t# preteGtiGR. The design and materials used in GGnStFUGfiRg a required eriGe shall be subjeGt to the ap, val A tkFe planning , and shall inGlude-t }e fG'IG r;Rg: shallnotb esuted within dFaiRage and-atllity easern t-and-not-Gloser than five feet (5') from the feRGe line OF property and staggered. Shrubs shall be arranged to lessen the visual gaps between trees Ilecirli poi,s shrubs shall not-b (4') on GeRter, andier evergreen shrubs Ghall Rot be planted rno—th— three feet (Q') gn renter. Denizli u s tree inteRcled for SGreening shall be plaRted not more Hart Evergreen trees intended for than-forty♦a --feet-f 4A}��-�,� r srr�oLon4nr� >hatl- e Ianted-r}ot,-r ime than fifteen feet (15') apart Land6Gaping and . lmurn six feet (6') tall berms. �7T'1ds6aping Ghali shallfellow the FequoFerneRtS in subseGt;GR (I)!(b)(1) of this seGfiGR. The slope of the earth beFrA ne434)-elope un4eS6 approved--by4he-G"nginBerne earth berl-1'}shall-Gontain-Re-less than fGur4 Rhes ("of top&ol� (6) The GUtde r-�t+► ed to GGRtrGl dWst. (d) The outdoor storage area shall Rot eRGFoas +Rto a required front yard setbaGk or spa serlaere yard setbal�a srea ($) Outside steragedo-a�,n -require eR'Rg witWR any inteFier lot that is no expos F-'--SA4-31- 2. STFI16tHre No a66eS6 g-but not 16mited to, water towers, stoFage tanks, processing--equipment soe4ing4owers)-or-outside-ego+pment-shall-be-oorastrusted d nt erenenett on the affe �.,���r-pia sted-property-wfith$ut-grie (j) Signs: othepwise wall-&i9RS must be attaGhed to the buildir}g,and be parallel to and Gont4qwous with its wal16 and RGt pFo}esting above its roofli g�r reevir♦g sharao ems, shall,—installed-and-no-sign-6hall-be-palnte"n-any building wall. Psle-signs-well-nst be allewed. Advertising bilibeard6 are Ret allowed within the overlay Zone. (General 6tand for signage available through e city-ninnneF� (K) Lighting: 411 lighting shall be hnnrled and cn oiregted that the light ernirn-a shallm et be visible hapter. (Ord. 009 612, 10-19 2009) 16 1-21 DFS -STANDARDS F P—S-PRUGE—ST-REETiCOMM CIAL, MIXED USE, AN BUSINESSIFLEX ZONING DISTRICTS; (A) Sete DevelopmeRt Standard6 (in Addition To Any PerformanGe Standards That May-Be AppliGable)� These 6tandards apply to the bU6*ness/flex, mixed use, and SpFuGe Stree GGMmeFG al ZGRvngStF*GtS Unless othrerwise onenifierl The Zoning i. Outdoor Storage: All materials shall be 6tored andler warehoused within the-principal building. 2. Off Street PaFking� Off street parking areaS 6hall be dessigned and leGated to minimize their-imgasts-en ad}asent devele edestriaR GGFF;dGFS. Parking lot landsoapingSidewalks -++is.s required perthis-chapter: 3. Sodewalks;Sdewalkhall be-prGvidbeth-.&ides of all streteats. Trails may he providedrequired instead of sidewalks as in the , plan. (a) All pedestrian walkways shall have and a►ntai1 pathway width of fifteefl-feet{15'}-along the northEseuth-corridor (i.e the fe roadway GonStFLIGted between GSAH 50 and SPFUGe Street, west of Denmark Avenue) and within the mixed use area. Pedestrian walkwaY6 bc)rdeF;Rg off street parking areas 6hall be at least eight feet (8') wide. Pedestrian and biGyGle pathwayS g to greeRways or trail systems are subjeGt [}a1 -Wakway&-Sha11 be designed to nreate a 6afe annt (6) Pedestrian walkways shall be clesignedis-amenity nrhes d street furniture. Ire 4�aadssa��g;-be�r�,�liR�k��F�a�;sig�+age;�a (d}---P-aVeF6 shall e requiFed w4hin the 6;dewallE design ars within the GFosswal areas. instal R of the have skull-ssmply-with 6}ty standards (e €leGtrinal and wateFseFV* es shallidenualL areas to prepaFe foF aI eRities ORGINd+RQ-(b an seasonal 4+ghtiRg, and shall be ma6ter nlonnduring th �esinn phase of the gFs}est: 4. S GreeninAgCGFeenino pf scniino ,lards refuse an ,IoadiRg-rinnLer tRJGk parking areas and flhier I.A.fh*Gh tend to be WRsightly shall be aGGOMplished-by use Gf walls, , shall blGGk views from--pubieG rights ef way, private StFeet and off street parking areas, and shall;ems summer. Cha pFGWbited. 5. Lighting: The lighting in the SPFUGe Street area shall be designed tG Greate-a-we4l nh;4nses VehiGUlar and pedestrian visibility while mini"'ung g4a fighting shall GE)MPIY 4tt „ttwt this G —terTh,e-intent-foFTlightiRg as to provide needed "UtRation-8e-�ie same time-preyenting glare to residenti .a.l uses either woNn or adianent to the.site. Light f'xturees cshoulF♦ented to pedeetriaR siFGU!ation so that pedestrian walkways re emphasized and safety is enhanced_ (a) At the time be submitted. /h\ Ansi lighting regi sired en the long streets shall , detail "Streetlight plate as CA tights: Required meRities: For eaGh developmeRt, One of the fellewing amenities per ten (10) aGres of net developable land aFea shall be require^� pnd installed at e time of sonstRAGtion of the fot�fn }e6en+t+es shall he highlyyisble easily aGGesa�inhl4 outdoof486at points At �" gathering plaGes for resideRtS, employees, and visitors tG the development (a)---Patio and 6f--plaza with permanent seatln r plaza has a minimum depth of fifteen feet (15) and a minimum total area of three hundred (300) squaFe feet, (1) Pave n shall plaza.or /7\ Patin and plaza hall innll ide pedestrian a } eRded4o--6 }ppgFt �l , , eta. depth--and Wdth-off teeeenT feet (15') and (6359}sweet;and inGludes pedestrian am if+es-4ntended-t"upport4hese Mases as gathering-areas The-andssaped moRipar-ks,sures OF greens o-not Gount toward-the--pa eats. (G) ProteGted StOmeC-wakway, arGade, or easily identi a building pass through Gontaining w'ndow-display-s-and-intended-forgeReral--pabl4G aGGess: (d) Water feature, saGh as a pon"r fountain, provided the feature 06 easily aGGessed by pedestrians and inGludes or seatiRg are r pedestrians: ) 4n,r other welrcll-d si fOG l feature ty-findS Gonsistent with the Ontent of these eSIgR standards, a» development and serves as a g ering place€or re6ident�r. ;s:tors sterner6-, and ernpleyees: 7 -P-afking-O#--BiGy eFGent (10%) of the tGtal-Ri tuber of automobilef-66nveRieRGe�rld seGarity, biGoe park+Rg faGNtmes shah., be IeGate visibleplaGed parallel te the sidewalks, shall be easily and shall Rot be I kgped material Bilin rnG rc�provide_a means-for the-b*GyGl attaGhed to a permanent fiixture�aped-fg . i.Fro Ge and y FUre Street, Gr Pilot KRob shall be Gonsidered a fFGRt and shall Fef!eGt a level of -e6thetiG treat equal te or greater than that ef building faGe6 Rd-yards4hat-abut the;aortia-sores -and the major roads in the mixed use distro4Gt-. 7 I InifyeRg Design Therne: Buildings and/or stFeetSGapes iR the SPFUGe Street GornmeMial dirotrig-t ;and- the nv d* trim hall reflent a Unifying design theme that c�c�rr�rU�vranrnr-rcnvvr-cr'ur�rryr�y-vc...�.. .......... ....... inGOrporates features fGURd along th orthl6oUth GOFr;dor and withiR the mixed use doStF*Gt, City staff and the planning GGMFFlission halWeterrnine wh..,ether-developmen prepssa 3. F=xter*oF SurfaGes: Major exteF*---"-f-Ges of all walls-shall--beltaGce (' FoG c, stoRe, glass, Ily4reated Ge , in anyor appFeved equivalent, as deteFrnoned by the Gity. The follo visibly, ,,,le extorer-appplpl+pGyattioR-eXGep#-w#en-spe6fisally-p limited public i" "", GSed Gement i, U, U•ig cti U reho e a �•7U and industrial buildings GonGtFUGted either on or off site Of GOFFugated metal panels; exterieF bF*Gk that is painted ' .mental mater*a!6 with no proven reGeFd of duFability or ease o9 ma;nteRan6p� the intended . q ca es, Unless nthed to iR wFiting-by-the_GornMun+ty-developmeRt department,developers #- "dings leGated-along the ner-thisoeth Gorr-ider and-within-t#e mixed-use-dim ly4ea6ed GOPAM ial-spaces. FaGade variations shall OnGeFpGrate-rRG building-waWplanes and rooflines through use of: (a} --RrojeGtions, reeesses, aR� rec+T�veals-expressrRg atFu6t+FFal ba tha-fa6ade,with IMMUM Ghange of plane Of SSiX-iAGhes (63")- (b) Changes F 6haflges Ifs building mateNal. --- Varying-parapet heights and designs that deme ui�ngs are J d*ffeFen fr `^r"'� .".7 ♦to the streetcrano .�..�" "'�" Gm eaGh other and that add (d) ReGes6ed enttr�roan Gess [t weather-protection #6F pedertFeaRS. GorneF6 whiGh are distinguishable from the ernaiRder_�buildrRg thFough the use c)f p h�tmentc arnhec roof forme or size and maga AJ budding . 'Br the Re besenstru edwith at least onefUnGtional eseFative(false#asad}upper s r-�ea�i"�rty,�F*atiOR$ in F88flfRes ^vF heigbts-shall-be d+Rgs: 5— WRaews:-\Mndews shall be pFeed en wall rights of w . �. P-FGjesti e A{�AwFFig pFA' . (a}----AwRiRgs building enter (1) PFojeGtiE)R: AWRORgs and 77ie6 Ghall--not--protest-more ' +Rte theprblis righk"ate-except where IGGated above an entFan----, In whiGh ase #e- ax+r ' event should an awning Or Ganopy be 6upperted by poles or E) 'ar^�emiu�'rrents IG right of way. (2) Length� Awnings and Ganopies should emphasize the rhythm of the taGade bays wiRdows and BRtranGes, and shall not rentin,ie uninterrupted-aleR . (3) Height; (g') above sidewalk grade (4) I4um d saRep' . (5)----IRssFip ' (6} ls 6heuld be limited tO GGttGR, a6FjfliG6F ViR l gla6s. Other materials rr approved by the seMMWRitjf deve opmeF1t departm op,—.. heFIZSRtal a mings are allowed-.,%"GtuFal supports 41 be GORStrUG Af. teel and/Gr--alums her-&4is+ble)-44GgFpeFale amamental-#ease, {b) P-rs}est+ag-G+g�� Wding.Presfi . sa�se o 10-6-3445(e) of this-shapteF, t ; Cer aem eFGal e norttY/rouyh titaF,ea Gh ub!iG e,ntranne that faaeo the nerthlsAkI}66Fr1dh Sedate gfGund4eV {a the-neaFeCu'tmafAF-publ{e-Ar pFiVate-street rlefi oyer-.LTJ—be'enGOUFane� }e ..sa �ccT-va.-vcr"Y" z+gca-cv�Ttt.?t! gr$V}d pub4G-e -street NnarLin,y`v am.areaa . .. a. Site Plan Review All pliGat+A reGrr„irement6 of sub ieaticvciGnn 10 6_23/C1 of thio ah Ater-for site plan A#-bu+Iding-GGm . ite dfsheS, and Gther utility h gilding or AR the g,+r�s�und aGjasent to it, skull--be S.aroond fr��_eemh �� fltFGA9lY--virnil_Rr tc-, buildling--maters ls, er by lan&Gaping t��ilI he effentiye in ��iinter, er they s Y Ry publiG right of way, private street or off street parkiRg aFea. in nG Gase shall wooden fenGing be used as a reeftep eqU!PMeRt TITLE 17 Zoning Chapter 1 PERFORMANCE STANDARDS 17-1 .28 DOWAIT/'1WN G (AR{ Gse:-- 1ur'leoe of thio con 66-F11meF6Fal auiklihngs in the doWRtA rlccry uF�-�rrtended to do the ollAVWRg: 4-.-- IaRRIRg to&Feate a GOhesive, sustainable built eRVmFGRmeRt. 2. MaontainrP_l6nfA_.rGeo n n � uitions. 3. Cnro„raa aR aGtive, walkable, peciestriNn environmeRt. ` ---1Y1t�W;;iR-ti-1 tGFi6--bu{ld+ng�. --- * lgnif y-anda►tigl ate-bt�ild+Rg--€aGade,.s4. �----RaGe a WE)F��-Vi�'7ual emph�a66 en street6Gapes, ith 7. regi sire neW GOR tFUGtion � att�tbuildings. 8. Dreyide for the—. ��Ie into Fa � in Of GO erGial-i nd4evc,ideRtia edge of the downtown GOMmerGial di6tFiGt. 9 E; ge replaGerneRt OF �uil&i-, . 10. Adaptively older buildiRgGthat 1 #dards for p,►�It6 —€-stabNal -well-d + e ,��..ee^he dovw}t8wn-arid ad}asent-neigh boFhoods. (6) Overlay Distri proper-ty-losated south of the VeFmilliGR River, west of 4th Street, Rarth ef VVa'RUt Street a RA east of ist Street. (G) Drnocca_ The Gwnto ial overlay diStFiGt design standards will be administered through the site plan rosese+a sect+ +red under the design (D) AppliGability: All neW-GonStFUGtien and FeRevatioRs eF additiens of exi6tiRg GOrnrnerGial rJ#a6tures i R the DG diStFiGt will be required to meet the 64 nrl rds in #his nhanter, unless otheniice provided. Pre} G-omprised of any of the fellewing eGt types: 4-. -- 1nterior-rernodels; 2 B ii4ngs used c 4. GenstF Gtinn `€ iilrlinly �/In�er+e�, d.�pClC7LL (�U� � i Iii--tiQ�Gase Of-ne""...�... , ren ons, Bre nt(70%) or rAoFe of the total sarfaGearea of eter+orvva4s-exposed-tepubl+a4i�ll-sonslst of a m' dominant down#awn-finis# materials{elay brisk, StUGGG, natural to F waNs noirent fr;;rAiRg may be used en!t visible from the p GR WiRdGW or door fFame&. 2 Transparent glass MUS} r•ompri c,T�e_a�..,�� eFGent 0 (but shall nGt eXGeed noin th primary faGade-j transparent glass 0rfaGade open o {ba e upper floor elevation of any sheet faGade; upper Sto y-windows-wi"e veFti4y-propoftioned and have the visual appearanGe of traditional dGuble hung6arh. le: 4. Exterior walls shall not he Ggvered-w 4h-meta4anelG systems , yl s{dinp—{a�-v h$lPflf }beteg, l�^vncgsa,, kes shingles exposed ---r y"„ , or � P1a6e GG—rete- 5. BTT r� 7y. a. P-reasserRb ed Glay brisk panels aFt+#isial s#UssOd embling sto-ae and other eappeaFaRGe e# #' F 6 ndardized-GGrp9Fate_8r—[-radernark" ef6al-beilding types shall he nuns#r� Gted#n meet the-arGk�ite� f , Geier, an geage. -- The greund OF 6treet ldistinguished from thupper o level(s) through #�e_of._Gelors_-and/or materials. existing buil4ings; referenresto histerFG wGhiteGtura�-st�fles and peFieds well be interpreted d ertavated b+ ing6 shall FemRfGFGe and 'ngs sha4-sell the ttGbuildings and s{�pp . h ll hori „, on side streets shae-design 10. The maGGiRg and bulk s€-Rproper aFtOGLA f street g-box" GGMmeFGi2l buildings shall be desigRed to appear a�as m4 4 e-farads into smaller hays of twenty fee# (20') OR width An order to maiRtain a pattern integrated w4h -and q-.O.m..*I;-;F to surrounding buildings, !I.. Thie size, sGale, massing, anal fanade_maRew terials glemeq_�e arGNteGtUra 6b ar&Gter-6f-exisfing-histori orl as heritage lanlrl�rna�r�Ls 12. GeFneF budld*Rg6 shall be designed with two (2) street faGades and a main eRtFaRGe on both sides . 4-3�._._—_The-lna)f.gmum height +\forty five feet /AF 14. " be flat OF gently sloping-. (F=) AwRiRgs/Ganepies-� i. Where Allewed; AwningsiGanepies s 1 be allowed ever the first fleGr w*RdGwS and alGRg the frontage of all building G86. �. F2FGieGtieSuppert AWRiRgG and Ganopies shall Rot PFGjeGt more than five feet (5') *Rt t#"Ublic right above ars entrance;lr}-A4HGh--sase4he + a lmum-prsjestierl shall not eXGeedekjhtfe � 1 ---t#:A AfRiRg6 and Ganopies sheuld emphasize the rhythm of the faGade bays, tranGeE;, and shall RotG nue-uninterrupted alGR9 the build.R9 faGade. i 4——Height: The-bettere$€awn Rgs--and Gan es sheuld be at-least-eight feet (8') above sidewa"rad,—, 5— +r►atier- �.#-awr}ir,g-s-arid-sanGpies-are-ped permitted. 6---Ins s\riptaem Lettering na-. o wad-sa+�epies-shall-aerap 3(&)-lf� ter: sea ngs-s14a"e-desFgraed M4--, -sl all be ser}str6►sted of Steel e-HnGorperate ernam 1 features. (G) Parking T Areas; 1---Required e#street-parking- #all be providedbyspa rear-or sides of buildiRg and Fevi ;-;rr-,hitp-n-t,--Fally-serapatible-sesarity4ightin Rd careened with landscape-b . �. J✓tr�dergr944ncl and strustared park+Rg-sba"e-enGGuraged and Revµp9 strasteres at iRd jasent beild+flg&An terRa6 Of height-ssal , ((H)--6aadssapiRg: 10-6-10 ef thiS GhapteF. (Ord. 010 6527, 9-20 2010) f l-) SGreefliRg And--FeRGiRg- a. -SGFeeninqL-FenGRq----Seree4liRg Of S8FV'Ge yards, refuse, and waste-removal leading dE)Gl(�+Gk parking areas ands e ,,���� l baGGeMplished by use ef e I inatlHn of the elements. I private street and 0 hall be equally effeGtive in winter and summer. F=enG*Rg for SGreen ed at a height of up te eight feet (8'), with the approval of a ba+ldiR per-it. FenGingAwed-foF-SGreen!nq purposes shall only be allowed On the rude and rear yards. GhaiRlink and slatted fenGiRg are prG ited within the dGWRt()WR cc znn slatted fenGing pefn I{'�le T !+I/'� per{ ies ZORed 13 3 when no"djase � a - ished residents propenes tis a4jasertto estab"Shed resideRtia d-OF vinyl �. Screening 9#Mesl}an#Gal-Equoment McGha is#es; aad ether er-leeated eR-t-he reef or exterior of the bi d+rag OF OR the gFOUR ac7aseRt tO it, sh II be are ed from the nu deRtiGal tO Br streRgfy--simil �r��� ti`►ey-sha4-be4GGated se as-Ret of street pa9 area. in RO case shall oodefl4e er}t sr•r�� -tDeGer"}ilZt1Tv�oirrig: All feRG4ig4wit44he eXGeption of fenning4dentified in }ho �Oroo.,ir.`nJ requiremeR s-e#-subsestier}44 -9#this sestiera) -v+sible frem-apubliG- ght et-wayshMI raet e)(seed-a-height-o€-six-feet-(S'-4n4be-side-and4-ear-ya�s-and4our-feet-(4�-in4-he4font yards-Decorative-fencing-shall-consist-o€the-following-mate"rt .- (a) Wrought4F-Gri (*---\Anyl- i (G)—Ornamental4u finer 4---F-enGing-MaintenanseL-The-maintenanGe-of all-fences-within-the-dowf}town--Ge mefG4 overlay district-shall- &4n-aGsor-dance-with-subsestign-40-b-12(H)-ef-this-Ghapter- 6 Historic Lan Fk6: ofencing-shall-be--attaGhed-to-any-histeric-landrnark-building-af stfuGtUre-.(0F 4-2-64 5 6.18 2012) (d) Signs: 4. etwithstanding�ontfar-y-provisiencAn4his cede-the-€ollewing pfevislans are-allowed4n tl3e-DC-distnGt: a)--Rrojestinogn&-perpendiGular-to-the-building-Pfojesting-signs-shall-somply-with subsection44-64(B)6(e)-o€4hi"hapter{-SpruG"treet-signs)7 (b)-- Wall-signs-fiat4ong-building-Tentage-as-required-in--subsectieR 40 6-3(B)3(a)-e# this-Ghapten- (ry--Menument-signs-are-Mewed-where-existing-building-is-set-bask-€mrn-frent i prape#y- ne as-required-in subsection 19-6-3(8)3())-of4his-chapter- (d)--Painted-wall-signs-shall--be--permitted-through-a-sonditional-use-permit-per 6ubseGtier4-9-6-3(B)1(1) a this--G apter- (e)— A-frac e-signs,are-allowed-per-sub6estien48-6-3(B)l(t) of##is chapter. 21. Signs-on historialandmark buildingsmust=a) not-cause-damagee histeris architectural features or-building-materials as a-fe6ult-of4nsta4ation�,-and4)}should-be-defined-and installed4n such-a-manner-thaPwhen-tfiey are removed-ar-replaced there-is-no-physical evidence-of-their4-orreef-pre6ence-4n-other words;holes may-not-be-drilled-in--histeric masonry;alterations may-not be-made-of-histone-Gharacter-definingAviridews-or-deors; and-no-fasteners may-be attaGhed4o-any-historiG4-f m40rd-010.627 9_20_2 49) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 1 h t-hday of A„q„s t- , 2021, by the City Council of the City of Farmington. CITY OF FA G By: Joshu o t r i ATTEST; By: David McKnight, City Administrator SEAL Approved as to form the 170-itay of August 2021 B . City Attorney th Summary published in the Dakota County Tribune the a 7 day of 2021. I i l i i l CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 021-761 AN ORDINANCE AMENDING TITLE 10 CHAPTERS 2 AND 6 OF THE CITY CODE NOTICE IS HEREBY GIVEN that, on August 16, 2021, Ordinance No. 021-761 was adopted by the City Council of the City of Farmington,Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of this ordinance,the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the key updates to the zoning code include restructuring of zoning districts,relocating design standards from chapter 6 to chapter 5, updates to the downtown redevelopment plan,updates to the trunk highway 3 corridor small area plan,updates to the off-street parking standards and shore land management regulations. A printed copy of the whole ordinance is available for inspection by any person during the city's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 161'day of August,2021. CITY OF FARMI By: o ua ,Mayo ATTEST: By: r )�� avid McKnight City Administrator SEAL Approved as to form the 17th day of August 2021. By: .r..,�. City Attorney �h Published in the Dakota County Tribune the �W 7 day of 2021. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO.021 -762 AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTONCITY CODE,THE FARMINGTON ZONING ORDINANCE,ADOPTING A NEW OFFICIAL ZONING DISTRICT MAP THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1.The zoning map of the City of Farmington established by the City Code,Section 10- 5-1, is amended by deleting the existing City of Farmington Zoning Map and adopting the new Official Zoning District Map which is attached hereto and incorporated herein as Exhibit"A". SECTION 2. This ordinance shall be effective immediately upon its passage ADOPTED this 16`h day of August, 2021 by the City Council of the City of Farmington. CITY OF FARMIN By: Joshua Hoy , Mayor ATTEST: By: ( �. David McKnight City Administrator Approved as to form the 17th day of August 2021. By. , City Attorney Published in the Dakota County Tribune the +J'day of2021. ... .1.11\.-....•...._�..�.■.1....1.1.1.■..• ..,11...1.1..1.■11...=,:. �.......11 .— r..111111111111.••f-•►�i�-'q1'%1i/./,;��.1►�j���:na-.:.�/...�'�-CI_.I.nII.:I.A.I_:.■.�mo.1.i.1•1.I•..iG._.nr._1rn1..1.m;r:.:. ��H 0 VIA �: _ w�...1u1111r:., 1■ ■, .unum.yl1.n.1■■'.. 'e��y�:L'. -101-1-1-►1,� 11:�I��m...c' �r�r� e° ,••'.u,\% :::: x•1,1?-- '1'•�pa�p .•; r_� ",���' .011 .. 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IJIII1111 ME 'ter --,'`� '• I�e -l — ,■ ■ II A , 1,�11111 1.,; . i:ll , 1 ■ '1- 111111111:�� _ :: :.III11 _.r. � ,:,,,,,,,,1_:►- ^,•�.. :.:.SLI. :..� ■ � I . . � ,.. `11111— �� Recommended Zoning : 2040 Comp Plan Update 09C LL A� e CONA'TRYV\EW TRL Q15R 40 PATH 0 ESSEX LN LL 11404 TRL O`p5F"OH ST W 1 +aor" w 1 [111J�pPElt IB1N09TW -'vv Rl m �T +p a C o -W �N NRET WAV ®® r 2 W 1 Rm®y'�A G z -m,P W� 189TH ST� qac � 191ST ST W o ap e u•. � m 195TH ST:w �� � a198TH STS q",A OAMROSE 9 O O pJ P m o �m 19]TH ST W O 201ST ST W EBB vERM\`L Y 59 A oI O ®qq ®p - WILLOW ST K'iRL 312THST-W 131]TH ST W KNUISEN OR ELN ST � ,., �.i- SPRUCE ST �® 111 �®Q' ®®�1ID NA O ^ 12 EW ¢ r Wo _� HICKORYS ASH ST 2 223RD ST W� HERITAGE WAY 220TH ST-W Zoning Districts A-1 (Agriculture) B-1 (Highway Business) R-1 (Low Density Residential) - B-2 (Downtown Business) R-2(Low/Medium Density Residential) B-3 (General Business) R-3(Medium Density Residential) - MUCR (Mixed Use Commerical/Residential) R-4(High Density Residential) MUCI (Mixed-Use Commercial/Industrial) R-D (Downtown Residential) - I (Industrial) ® P/OS (Parks/Open Space) SSMU (Spruce Street Mixed Use) ® SS-0 (Spruce Street Overlay) DC-0 (Downtown Commercial Overlay) FARMINGTON HW3-0 (Highway 3 Overlay) .r, _ 7 !!�• ,♦ -C ..111' -'��• � �a1 .ru1a- '•J ii IIIiN�..� '���: �''Hi�O�I� '11n1I1%i��411/� �S nouwN-�:"�•i -/NIH�S-Iy'4i,A:•----_moi I//4''�.S n1lllli,u'. 111 i•; •1 ���.,%,� - Y � ■ 11111111,11� �..�� �•I�,"1'�.x,11 I nlwulnlu„nn1,•,' 1111 1 111111 � 1111► t�•w r�7�.'\Mlilllltb`^`.nln. Via:��.��� \it: � i��lil,-i♦n1•,. ♦'tri- i1111!'1(1i.. �_ /nunnN-►•�_n.. �►.� 9nmE � ���=naltb♦wN -_- ., ___ Nn ,= _ n1�I, iii 1i.•r.I.NI_.\ice♦N�.••' S .u.l•.� �..i. H, -'1111w. IrIp1 !!!l11111w_ .' �V--- 111!!!--- ■�— �� ( i.iat• •x �'w.. : mm. loot ♦�,if c iiunal m � I-UQG ■ GI � I :1• uu nu .unml 1. *p' 11 r■ -. 1 CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 goo . ' i Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Vita Attiva at South Creek Final Plat, Planned Unit Development and Development Contract DATE: August 16, 2021 INTRODUCTION CC Vita Attiva, LLC has submitted application for final plat and planned unit development for Vita Attiva at South Creek. The development is located south of County Road 50 and to the southwest of the Vermillion River Crossings development. The final plat consists of of 35 single-family lots and two lots for 8 unit multi-family structures. DISCUSSION The 35 single-family lots and 2 multi-family lots are part of the 189 overall lots/units that were proposed with the preliminary plat that was approved by the Planning Commission on May 25, 2021 and the City Council on June 7, 2021. The lot sizes vary within the final plat from 5,376 square feet up to 61,440 square feet in size. All single- family lots within the final plat are 5,376 square feet in size, with the exception of Lot 1, Block 2 which is the HOA amenities lot. The two multi-family lots are 34,067 and 37,382 square feet in size. Lot widths for the single-family lots are 42 feet. The final plat also contains 10 outlots (A-J). A description of the outlots are as follows: 0utlotA: Floodplain/wetland Outlot B: Storm water facility 0utlot C: Future right-of-way for Pilot Knob Road Outlot D: Future development area Outlot E: Storm water facility Outlot F: Remnant parcel 0utlot G: Future development area and floodplain and wetland Outlot H: Future right-of-way for Spruce Street Outlot 1: Future development area 0utlot J: Future development area Outlots B and E will be required to be deeded to the City with this final plat. Access to this initial phase of the development will come from the extension of Eaton Avenue south from CSAH 50. 216th Street and 217th Street will extend westerly from Eaton Avenue to provide access to the lots. The right-of-way for Eaton Avenue is shown as 70 feet in width with a 40.92 roadway measured back of curb to back of curb. 216th Street and 217th Street rights-of-way are shown as 60 feet in width with roadway widths of 34.92 feet measured back of curb to back of curb. Temporary turnarounds will be provided at the ends of both 216th and 217th Street. Five foot wide sidewalks will be provided on the south side of 216th Street and on the north side of 217th Street. An eight foot wide bituminous trail is shown on the west side of Eaton Avenue. Pilot Knob and a portion of Spruce Street will be constructed with Phase I I I of this development. Staff will be requiring as a condition of approval that a roadway easement be obtained from the JMA Devney Family LLP for the portion of future Pilot Knob Road that extends onto their property and this easement shall be recorded with this final plat. This is a carryover condition from the Preliminary Plat approval. Final Planned Unit Development Attached, is the draft Planned Unit Development Agreement. The agreement outlines the deviations proposed for this development which are: • Reduce the front yard setback for interior lots within the R-3 zone from 25 feet to 10 feet. • Reduce the minimum lot size within the R-2 zone from 6,000 square feet to 4,300 square feet. • Reduce the minimum lot width within the R-2 zone from 60 feet to 34 feet. • Reduce the side yard setback within the R-2 zone from 6 feet to 5 feet. • I ncrease the side yard setback on corner lot(second front yard) within the R-2 zone from 20 feet to 25 feet. Engineering Review The Engineering Department has reviewed the Vita Attiva at South Creek 1st Addition final plat and recommend approval upon satisfaction of all comments related to the construction plans for grading and utilities as well as the applicant entering into a Development Contract with the city and all security fees and costs paid. Planning Commission Review The Planning Commission reviewed the final plat and planned unit development on July 13, 2021 and recommended approval with a 5-0 vote. Development Contract Staff has prepared the standard development contract, a draft is attached. The development contract spells out the requirements for development of this land including timelines to complete platting process, defining development charges, and addressing construction of the public infrastructure required to serve the development together with associated sureties. BUDGET IMPACT NA ACTION REQUESTED By separate motions, adopt and approve the following actions: 1) Adopt the attached resolution approving the Final Plata nd Planned Unit Development Agreement subject to the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. Roadway easement shall be obtained from the J MA Devney Family LLP for the portion of future Pilot Knob Road that extends onto their property. Easement must be recorded with the 1st Addition Final Plat. 3. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. 2) Adopt the attached Development Contract and authorize its execution contingent upon final edits by staff and legal review. ATTACHMENTS: Type Description ❑ Backup Material Final Plat ❑ Backup Material Final Plat 2 ❑ Backup Material Final Plat 3 ❑ Backup Material Final Plat ❑ Contract Planned Unit Development Agreement ❑ Contract Development Contract ❑ Cover Memo Final Plat Resolution OFFICIAL PLAT VITA ATTIVA AT SOUTH CREEK FIRST ADDITION 1N5TRUMENT OF DEDICATION Ns5 TMESEPRE5ENT5:That CCVila All.,LLC,a Minnesota-'m Vd Uabllity company antl Donaltl L.Peterson Family LImReO Partnenhlp,a Minnesota $URVEYDRS CE asfee owners,, Bridgewater Fang,MN,a Mlnnezota COrpOratlO MONgagee of the lollowing dezcdbed property d.aoed in the C...IV of Dak01a, ITIFICATE, sate o!mmnzsota m wd_ entity that I have surveyed ana platted th<pmperty se 11—In raiz Plav as VITA ATTIVA AT SOUTH CREEK FIRST ThA S-11,10 of th<North-1Ouarcer(51/2m NW1/E)EAc<pt Parcel 6A ofCVMH.County Bight of way Map No.12U,5<abo 36,T—Hp 114,Range 20,Damta ACOITION,mate�lac is a Goma reprezebl-of me solve,,TO,aB lied—are correctly mown onthe platin k ana VVV11dlh1 of a fFbF mat all monuments Coin, nnesota. depmtetl on lhil OF,-I Been OC will ee cOrrecb,pl"In the 9.Fda,mown wdhin on<1<ar,mat the-Olde bpuntlary lines are correctly designated On the plat ane mat there are wedaoas as dermed in M",—Statmez Section 50601 subs.3;ana 10 puMIF wars m be desiRnated are shown iM1ereon. Absvaa Prop<m And Also; ine Minnesota License N.A5332 North Nalf of the mouth—t Oualler(N1/2 of SW 1/0)Section 36,Township 114,Range 20,OakoM County,Minnesota. used th<same to be surveyed FM platted as VITA ATTIVA AT SOUTH—1 FIRST ADDITION,and do hereby aeai.te to the public f V public use me roadways antl `taUeF mmn.o. dna nagea tlu ty s—FO az shown on this Plat. Thef g g rveyorscertilicate was acknow edgetl before me thlz�day of ZOO b,TI S.Peterson In mtness whereof CC Yta IIII.,LLL a Minnesota Umdea Lla nCompFy,hA,caused land Surveyor, th p slots tp be signed by its P1.0K,OFfi—oris day pf _ tlen] ItIM.1 MY 0 Cou ty of This Instrument was acknowledged before IT.tbis_dF,of E0_,by Paul D.Whiteman,Pleudentol CC V1.Altiva Ue I,,pers,LlCaMinnesotaU.T.- PlanningCwninission,Cit,of Farmington,slate,1 Minnesota La y pa y, behalf of ih<Company Appr.ved H,U.Planning Com m—Vrl of t he On of Farmington,Mmnezota,t y f 2H SRI- Ny ftbll. pnewta cnao- Ln Comm,cit of-—g—stare or Minn.:oto ThPlat wad app—dandaccep—b,thethy Counnl Of Farmington,Minn<soa tM1is day of ane , rtdms m.moss whereof oonala L.Peer:on F-11 umded Pavneznip,a M,h,—O Md PF1,—hp, ed FompganFe wonall mpmr mem,a::<t rorin In Minn<so.s.mt<:.s<Fno-Sos.w,wna.zBy . mese presentsmb g ed bylts proper officer this yp 20_. by Uonala L.Peterson p.rcn<r Mayor state of Mlnnesnta Co y t ,Coo ty of wmta,5tate of Minnesota Co typ Ihereby ce y t afro accordance with Minnesota Statu]es.5ection SOS.HIT,wbd.l1.HH,plat has been review<0antl approves lM1ls day of This instrument was acknowletlgetl before me tnis_day of 20_by Ponala L Peterson Partner of Donald L.Peterson Familyl iced Partnesh.p,a Mlnnewta Limited Partnership A, _ Dakota Co my Surveyor s gold cowty III C—ly of Dakota,state of Mmneso. F.H,y Pub .new. tl0 he,e.ce f,mat In tb'o Dare Ol CDmmissioners nl Oamouon ta c ,Minnesota.approved lh splat ITA ATTIVA Mrcommi::con B,- Cl E EK 11—ADDITION,AI Id plalam Fnmv.nre wmn t o Irinn,orminnewv xapres.1-a 1.s.D3,Svee.2,and p.rau—to me Wk-cwmv C ntlguauz Plat Ordinance. By AUl" In w!H,—,hb—fs.itlgeaterg ,PAN,a Minnesota Corporation has.used be th— esentx V. R-d by rtank a proper FIT—UH, day of _ p mens of PWK,ly TF.11.1 am ReFoms,—bly of Oako.,state of Minnesota ce P.Adent Of COn1—H.,L.—E, 1u—IN rU mmnewta 5.mtes,section 505.021,S-1,sa pay—h Ill,A—IF_o the lona nerembefare 1-11ed have bee paid.A.,pursuant to Pat Clemens Minnesota Statutes Sectio-272.12,1here are no aerinpuenl U.ana transfer ent<red tins_dor of _ s.te of Minn<w. coumv o mf Prwercv Thislnsvumem was acknowledged before roe M, day of _by Pe clemene,Vhe PlesldePt Fl C—t—ton Lend, T_H_ana I Mmnean.cnrpomhon,on behalf or mecompav Cm,nn ReFnmer,co vof nam.,s.te of Mmnew. 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COMPLETE LAND SURVEYING SERVICES �rce's ar's PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated at /," , 2((bz�, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and CC Vita Attiva LLC, a Delaware limited liability corporation (referred to herein as "Developer"). RECITALS A. Developer owns property situated in the County of Dakota, State of Minnesota and legally described in Exhibit A(referred to herein as "Subject Property"). (referred to herein as "Subject Property). B. Developer has asked the City to approve a planned unit development for the Subject Property(also referred to in this Agreement as the "PUD"). C. Developer has requested and been approved to have the Subject Property rezoned to R-2 and R-3 Planned Unit Development. NOW,THEREFORE,the parties agree as follows: 1 1. Conditions of Approval. The City hereby approves a rezoning of the Subject Property to R-2 and R-3 PUD subject to the conditions set forth in this Agreement, on condition that the Developer enters into this Agreement. 2. Effect of Planned Unit Development Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the development unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, notwithstanding anything in this document to the contrary, subject to nonconforming use rights the City may require compliance with any amendments to the City's Comprehensive Plan, Zoning Ordinance, official controls,platting or dedication requirements enacted after the date of this document. 3. Plans. The City grants approval to the development of the PUD in accordance with the following plans which are on file at Farmington City Hall. The plans are not attached hereto. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A—Preliminary Plat—Vita Attiva at South Creek 4. Zoning. Except as otherwise modified by this Agreement, the land use, design and other requirements and standards of the R-2 and R-3 zoning districts shall apply to the Subject Property with the following exceptions: • Reduce the front yard setback for interior lots within the R-3 zone from 25 feet to 10 feet. • Reduce the minimum lot size within the R-2 zone from 6,000 square feet to 4,300 square feet. • Reduce the minimum lot width within the R-2 zone from 60 feet to 34 feet. • Reduce the side yard setback within the R-2 zone from 6 feet to 5 feet. 2 • Increase the side yard setback on corner lot(second front yard) within the R-2 zone from 20 feet to 25 feet. 5. Compliance with Permit and Licenses. It is the responsibility of the Developer to obtain and comply with all necessary approvals,permits, and licenses from the City of Farmington,Dakota County, Minnesota Pollution Control Agency,Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the Subject Property. All costs incurred to obtain said approvals,permits, and licenses shall be the responsibility of the Developer. 6. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to the Farmington City Code,planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations in effect during the course of this development or Agreement, and agrees to comply with such laws and regulations. 7. Enforcement. Developer shall reimburse the City costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. Developer shall pay in full all bills submitted to it by the City within sixty(60) days after receipt. Bills not paid within sixty(60) days shall be subject to an eight percent(8%)per annum interest charge. 8. Miscellaneous. A. Breach of any material term of this Agreement by Developer shall be grounds for denial of building permits. B. If any material portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held 3 invalid as a result of a challenge brought by Developer,their agents or assigns,the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C. The action or inaction of any party 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 after expiration of time in which work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and shall be recorded in the Dakota County Recorder's office. E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by them or the City in conjunction with the development of the PUD, including but not limited to legal,planning, engineering and inspection expenses incurred in connection with the preparation of this Agreement. H. 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 4 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. 9. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered to Developer, its employees or agents, or mailed to Paul Whiteman at CC Vita Attiva LLC by registered mail at the following address: 3720 120th Ct. W, Faribault, MN 55021. Notices to the City shall be in writing and shall be either hand- delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 430 Third Street, Farmington, Minnesota 55024. CITY OF FAR By: oshua Hoyt, y And `v` �✓ avid McKnight, Ci ministrator CC Vita Attiva LLC By: Paul Whiteman Its President STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA ) 5 The foregoing instrument was acknowledged before me this A,'44 day of 20af, by Joshua Hoyt and David McKnight,the Mayor and City Admirf7istrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. •• CYNTHIAAMULLERu� -�c�a NOTARY PUBLIC MINNESOTA N ary Public My Commission Expires Jan.31,2025 STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of CC Vita Attiva LLC, a Delaware limited liability corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Farmington 430 Third Street Farmington,MN 55024 (651)280-6800 6 EXHIBIT A—Legal Description The North Half of the Southwest Quarter(N 1/2 of SW '/4) Section 36, Township 114, Range 20, Dakota County, Minnesota. Abstract Property 7 DEVELOPMENT CONTRACT AGREEMENT dated this of August 2021 by, between, and among the CITY OF FARMINGTON, a Minnesota municipal corporation(CITY)and CC VITA ATTIVA,LLC,a Delaware limited liability company(DEVELOPER)and Donald L.Peterson Family Limited Partnership,a Minnesota Limited Partnership(Joint Developer/Fee Owner). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for VITA ATTIVA AT SOUTH CREEK FIRST ADDITION (also referred to in this Development Contract 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(the"Development Property"). 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 satisfy the Cash Requirements in accordance with the terms of this Agreement;and d) all engineering issues must be addressed and engineering department approval of the construction plans. e) Temporary drainage easements are to be provided to the city to cover any public drainage that will occur around the temporary cul-de-sacs that will be constructed on 216th Street and 217th Street. The temporary easements are to be recorded with the plat mylars. f) the Developer record the Plat with the County Recorder or Registrar of Titles within six months of signature on the final plat by all signatories required by Minnesota law. 3. Right to Proceed. Within the Plat or land to be platted,the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council,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 submitted for recording with the Dakota County Recorder's Office, b) The necessary security has been received by the City, c) The necessary insurance for the Developer and its construction contractors has been received bythe City, d) The Plat has been submitted for recording with the Dakota County Recorder's Office,and e) A deed provided for Outlots B and E and recorded with the plat mylars,and f) A copy of permits required for construction have been provided, and g) The City Clerk or Engineer has issued a Notice to Proceed stating that all conditions have been satisfied and that the Developer may proceed,which shall be promptly delivered to the Developer upon satisfaction of the conditions. 4. Phased Development. The VITA ATTIVA AT SOUTH CREEK FIRST ADDITION is part of a multiple phase development and will be developed in accordance with Plans A—C. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the Plat. 5. Changes in Official Controls. For four (4) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except amendment placing this plat in the current urban service area,or removing any part thereof which has not been final platted, or official controls, shall apply to of 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 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 urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 6. 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. 7. Zoning/Development Map. The Developer shall provide an 81/2"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) existing and proposed land uses;and d) any ponds. 8. Development Plans. The Developer shall develop the Plat in accordance with the following plans(the"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 the Plans shall control. The required Plans are: Plan A—Final Plat(Approved August 16,2021) Plan B—Final Construction Plans and Specifications(Including Soil Erosion and Sediment Control,Grading Plans and Landscape Plans) Plan C—Zoning/Development Map 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. 9. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the Plat. A long-term maintenance agreement will be required for all structural stormwater practices that are not owned or operated by the city but that are directly connected to the city's municipal separate storm sewer system(MS4) and within the city's jurisdiction. 10. Required Public improvements. The Developer shall install and pay for the following: a) Sanitary Sewer System(trunk and lateral) b) Water System(trunk and lateral) c) Storm Sewer System d) Streets e) Concrete Curb and Gutter f) Street Lights g) Erosion and Sediment Control,Site Grading and Stormwater Treatment h) Underground Utilities i) Setting Iron Monuments j) Surveying and Staking k) Sidewalks and Trails 1) Landscaping and Screening collectively the"Improvements". The Improvements shall be installed in accordance with the Plans, and in accordance with all applicable 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 an as-needed basis. The Developer, its contractors and subcontractors,shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at City Hall with all parties concerned,including the City staff,to review the program for the Improvements. 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 in an AutoCAD .DWG file or a .DXF file, all prepared in accordance to 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. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. §505.021. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 11. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include but are not limited to: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDOT for State Highway Access and Work in State Rights-of-Way C. Minnesota Department of Health for Watermains D. MPCA NPDES Permit for Construction Activity E. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal F. DNR for Dewatering G. City of Farmington for Building Permits H. MCES for Sanitary Sewer Connections 1. City of Farmington for Retaining Walls 12. Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 13. Grading Plan. The Plat shall be graded and drainage provided by the Developer in accordance with the approved Erosion and Sediment Control Plan and Grading Plan, included in Plan B. The plan shall conform to the City of Farmington Engineering Guidelines. Within thirty (30) days after completion of the grading and before the City approves individual building permits.The Developer shall provide the City with an"as-built"grading plan certified by a registered land surveyor or engineer that all stormwater treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The "as-built" plan shall include field verified elevations of the following: A) cross sections of stormwater treatment/infiltration basins; b) location and elevations along all swales,wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed "conservation area: posts; and c) lot corner elevations and house pads,and all other items listed in City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. Notwithstanding any other provisions of this Agreement,the Developer may start rough grading the property subject to the Plat 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 the changes 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. 14. Erosion and Sediment Control. Prior to initiating site grading,the erosion and sediment control plan, included in Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion and sediment control requirements if it is determined that the methods implemented are insufficient to properly control erosion and sedimentation. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. 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 and sedimentation. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion and sediment 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 and sedimentation 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 the City incurred for such work within thirty(30) days,the City may draw down the security to pay such costs. No development,utility or street construction will be allowed and no building permits will be issued unless the Plat is in full compliance with the erosion and sediment control requirements. 15. Wetland Natural Area Signs. The Developer is responsible for installing City Natural Areas signs around all wetland and ponding areas,in accordance with the City's Engineering Guidelines and City detail plates. Wetland Buffer line limits and Natural Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 16. Streets. The developer will be responsible for the installation of all streets within the plat and as shown on the construction plans including Eaton Avenue from CR50 to Spruce Street, Pilot Knob from CR50 to Spruce Street and Spruce Street from Pilot Knob to Eclipse Street. The construction of Pilot Knob will also include upgrades to the traffic signal to accommodate the new road. The road improvements should be generally phased as follows: VY Addition: Construction of Eaton Avenue including utilities, streets, and trail from the connection at County Road 50 south to the terminus of the Block 4 platted lots. 2nd Addition: Design of the traffic signal upgrades at Pilot Knob. The county requires that the city manages the design. The City will require a cash escrow determined at the time of 2nd addition plat for all professional costs associated with the design. Escrow will be collected with the 2nd Addition Development Contract to secure all related costs for the design. 3rd Addition: The construction of Pilot Knob from CR50 through the plat including the signal improvements and trail. Final Plat approvals can occur after review and approval of the intersection design by the county and the appropriate construction securities collected with the 3rd Addition development contract. The Donald L. Peterson Family Limited Partnership and/or future developer will be responsible for the extension of Pilot Knob Road and Eaton Avenue south of the terminus of both roads within the final plat to the southern edge of Outlot A. In addition,the Donald L. Peterson Family Limited Partnership and/or future developer will be responsible for the construction of Spruce Street east of Eaton Avenue to the property boundary and west from Eaton Avenue to the future Eclipse Street as laid out in the preliminary plat. The Donald L. Peterson Family Limited Partnership will be able to continue agricultural operations on land dedicated as right-of-way as part of this final plat, but only those portions of right-of-way that will not have improvements constructed within. 17. Trail and Greenway Development. In accordance to the 2040 Comprehensive Plan,the Dakota County Greenway Corridor has been identified along South Creek and must be accommodated with the adjacent land development. The owner and/or developer of Outlots A and G shall continue to work with Dakota County on fee title acquisition of a natural area corridor to accommodate the Greenway. The corridor shall be a minimum of 30 feet in width and the exact location to be negotiated with the county.The greenway trail corridor will allow for the future extension of Pilot Knob and Eaton Ave. Within Block 4 of the plat,additional area is likely needed to allow enough space for either an at-grade crossing of the greenway trail at Eaton Avenue,or a local trail connection to the greenway in the event that the greenway trail passes under Eaton Avenue,as yet to be evaluated by the City and the County in a future study. The developer shall continue to work with Dakota County on accommodating the greenway trail which will include first right of refusal to purchase the Lot 28, Block 4 and Outlot F by January 1,2022. 18. Landscaping. A. The Developer shall be solely responsible for the installation of all project landscaping,except lot frontage trees. Lot frontage trees shall be installed on private property in the front yard at a minimum spacing of one tree every forty feet(40')of lot frontage or one tree per lot if forty feet(40') is not feasible. Lot frontage trees shall be planted eight feet(8')from the front property line and shall be installed in a parallel line to the front lot line. The landscaping shall be accomplished in accordance with a time schedule approved by the City. B. All graded areas, including finish grade on lots,will require a minimum of 6"of black dirt/topsoil. 19. Clean Up. The Developer shall, within twenty-four (24) hours, clear from the public streets any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. Any soil, earth or debris resulting from construction work by the Developer or its agents or assigns on other property shall be removed weekly or more often if required by the City Engineer. 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 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. 20. 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. 21. Time of Performance. The Developer shall install all required public utilities by October 31,2022. The final wear course on streets shall be installed by July 1 the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City, which the City will not unreasonably withhold. 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. 22. Ownership of Improvements. Upon the completion of the Improvements 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 B and E shall be deeded to the city. The deed shall be recorded with the Dakota County Recorder with the plat mylars. Improvements to Outlots B and E shall be completed by the developer as required under the Plans. 23. Building Permits.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,sidewalk,trails,installation of erosion control devices,installation of permanent street signs 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. A. Before a building permit is issued, a cash escrow of$3,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control,grading,and landscaping requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit,an as-built certificate of survey for single family lots must be submitted to verify that the final as- built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development,and amendments thereto as approved by the City Engineer,the site has been stabilized including meeting the sod requirements of City Code section 10-6-27(11) and that all required landscaping and property monuments are in place. If the final grading,erosion control and as-built survey is not timely completed,the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading,erosion control and as-built survey,the escrow funds,without interest,less any draw made by the City,shall be returned to the person who deposited the funds with the City. B. The Developer certifies to the City that all lots with house footings place on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions,shall be submitted to the Building Official for review prior to the issuance of building permits. C. A limited number of building permits may be issued for construction of model homes giving consideration for water supply and access to the select lots. In general,to allow a building permit for a model home,the site needs to be in reach of a hydrant used for firefighting purposes and be accessible to fire apparatus. The Building Official, in consultation with the City Engineer and Fire Chief, is authorized to issue building permits for up to four (4) model single-family homes and one(1) eight-unit multifamily unit in conjunction with this plat(Lots 20,25-27,Block 4 and Lot 1,Block 1). A final Certificate of Occupancy will not be issued for any model home or unit until the utilities have been accepted,service is provided to the lot and the access is paved with a bituminous surface. D. 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. 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. F. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed in the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the building official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 24. Insurance. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six(6) months after the City has accepted the public improvements,such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers'compensation claims and property damage,bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability(or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit—Bodily Injury&Property Damage Including Owned, Hired&Non-Owned Automobiles Workers Compensation Workers Compensation insurance in accordance with the statutory requirements of the State of Minnesota,including Employer's Liability with minimum limits are as follows: $500,000—Bodily Injury by Disease per employee $500,000—Bodily Injury by Disease aggregate $500,000—Bodily Injury by Accident The Developer's and general contractor's insurance must be"Primary and Non-Contributory." All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii)shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Developer's and general contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty(30)days'advanced written notice to the City,or ten(101) days' notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer's or general contractor's policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 25. Responsibility for Costs. 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. 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. 26. Development Contract Administration. The Developer shall pay a fee for in-house administration of the development contract including monitoring of construction observation,consultation with the Developer and its engineer on the status of or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period,and processing of requests for reduction in security. The fee for this service shall be three percent(3%) of construction costs and paid at the time of the execution of this agreement. 27. Construction Observation. The Developer shall pay for construction observation performed by the City's in-house staff or consultant. Construction observation shall include part of full time inspection of the Improvements,including erosion and sediment control inspections and will be billed on hourly rates. The Developer shall provide a cash escrow for these services estimated to be five percent(5%)of the estimated construction cost. 28. Oversizing Credits. Development of Vita Attiva at South Creek First Addition includes the construction of trunk sanitary sewer identified in the City's Comprehensive Plan. The Developer shall construct ten(10")inch trunk sanitary sewer from the Metropolitan Council trunk sewer at South Creek north under Eaton Avenue and ten(10")trunk watermain from CR 50 to the south property line of the plat. The City will credit the Developer for the oversizing of the trunk sanitary sewer and watermain in the development. The credit will be based on the cost difference between eight(8") inch sanitary sewer and the ten(10")inch trunk sewer,and the difference between eight(8")inch watermain and the ten (10")inch trunk watermain,that will be installed. The oversizing credit as shown on Exhibit B will be paid to the developer upon proof of recording of the final plat. 29. Development Fees. The Developer shall pay area charges as defined on the City's most current fee schedule that include: a) Surface Water Management Fee b) Watermain Trunk Area Charge c) Sanitary Sewer Trunk Area Charge d) Park Dedication e) Park Development f) Sealcoating *The 2021 fee schedule transitioned the Water Treatment Plant fee,previously collected with the Development Contract,to be part of the Water Availability Charge collected with building permit fees. A summary of the cash requirements under this contract which must be furnished to the City prior to the City Council signing the final plat is shown on Exhibit B. 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. Park Dedication and Park development are calculated in full at the time of the preliminary plat for the overall development. 30. 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(the "Security")for$3,208,041. The amount of the security is based on the 125%of the estimated construction costs as shown in Exhibit B. This breakdown is for historical reference; it is not a restriction on the use of the Security. 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 (Exhibit Q. 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 following applicable cure periods. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the 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,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. 31. 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 the streets shall commence after the final wear course has been completed.It is the responsibility of the Developer to complete all street improvements.Failure of the Developer to complete all street improvements 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 for underground utilities is two years. The warranty period on underground utilities shall commence following its 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 12 months after the security for the trees is released.Any replacements shall be warranted for 12 months from the time of planting. The Developer shall post maintenance bonds in the amount of twenty five percent(25%)of the final certified construction cost 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. 32. Developer's Default. In the event of default by the Developer as to any of the Improvements 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 seventy-two(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. 33. 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 Agreement 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. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits,including lots sold to third parties. D. 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. 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. F. 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. 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 shall be recorded against the title to the property before any building permits are issued.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 Agreement, 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 Improvements required of it under this Agreement, at the Developer's request the City will execute and deliver a termination of this Agreement(in recordable form)and a release of the Developer. I. Upon breach of the terms of this Agreement, the City may, following the passing of all applicable notice and cure periods, draw down the Developer's Security as provided in Paragraph 30(Security)of this Agreement. The City may draw down this Security in the amount of$500.00 per day that the Developer is in violation(following the passing of all applicable notice and cure periods). The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of Paragraph 32(Developer's Default)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. J. The Developer will be required to conduct all major activities to construct the Improvements during the following hours of operation: Monday-Friday 7:00 A.M. until 7:00 P.M. Saturday 8:00 A.M.until 5:00 P.M. Sunday and Holidays 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 I of this section. K. 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 6-7-1. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 32(Developer's Default)of this Agreement and the Developer will reimburse the City as defined in said Paragraph 25(Responsibility for Costs). L. The City agrees at any time, and from time to time, within ten (10) days after receipt of written request by the Developer,a lender or a party purchasing the property,to execute,acknowledge and deliver a certification in writing and in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments certifying: (a)that this Agreement is unmodified and in full force and effect, or if there have been modifications,the identify of such modifications and that the same are in full force and effect as modified;(b)that no party is in default under any provisions of this Agreement or, if there has been a default, the nature of such default; (c) that all Improvements to be performed under this Agreement have been performed, specifying the Improvements to be performed;and (d) as to any other matter that the requesting party shall reasonably request. It is intended that any such statement may be relied upon by any person,prospective mortgagee of,or assignee of any mortgage,upon such interest. Any such statement on behalf of the City may be executed by the City Administrator without City Council approval. M. Indemnification. To the fullest extent permitted by law,Developer agrees to defend,indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer's negligence or its performance or failure to perform its obligations under this Contract. Developer's indemnification obligation shall apply to developer's general contractor, subcontractor(s),or anyone directly or indirectly employed or hired by Developer,or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. 34. 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: CC Vita Attiva, LLC Attn: Paul Whiteman 3720 1201h Ct.W. Faribault,MN 55021 AND Donald L.Peterson Family Limited Partnership 14194 Garland Avenue Apple Valley,MN 55124 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: David McKnight,City Administrator City of Farmington 430 Third Street Farmington,MN 5502 SIGNATURE PAGE FOR THE CITY CITY: CITY OF FARMINGTON By: Joshua Hoyt, Mayor By: David McKnight,City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 20 by Joshua Hoyt, Mayor, and by David McKnight,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 SIGNATURE PAGE FOR THE DEVELOPER DEVELOPER: CC Vita Attiva,LLC By: Paul Whiteman, President STATE OF ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20___, by ,the of a on its behalf. Notary Public Donald L.Peterson Family Limited Partnership By: Donald L.Peterson,Partner STATE OF ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20J by ,the of a on its behalf. Notary Public DRAFTED BY: CITY OF FARMINGTON 430 Third Street Farmington, MN 55024 Telephone: (651)280-6800 EXHIBIT A LEGAL DESCRIPTION The South Half of the Northwest Quarter(S %2 of NW%) Except Parcel 6A of Dakota County Right of Way Map No. 170, Section 36,Township 114, Range 20, Dakota County, Minnesota. Abstract Property And Also: The North Half of the Southwest Quarter(N %2 of SW%) Section 36,Township 114, Range 20, Dakota County, Minnesota. Abstract Property Development Contract Calculations Exhibit B VITA ATTIVA- 1ST ADDITION Development Contract Total Platted Area: 149.97 AC Land Use Type ROW within project boundary: 7.07 AC ROW Single Family Area: 4.20 AC R-LD Residential:High Density_ 3.05 AC R-HD Outlot A: 27.639 AC Future Outlot B: _ 2.681 AC Pond Outlot C: 1.391 AC Phase Pilot Knob ROW Outlot D: 25.011 AC Phase Outlot E: 2.173 AC Pond Outlot F: 0.098 AC Open HOA Outlot G: 8.381 AC Future Outlot H: _ 2.578 AC Future Spruce Street ROW Outlot I: 59.269 AC Future Outlot J: 6.423 AC Future Spruce Street ROW Total Development Fee Acreage*: 45.67 AC Used for Park Dedication and Development Total by Land Use Type R-LD 4.20 AC R-HD 3.05 AC _ Comm/I/] 0.00 AC ROW 7.07 AC Pond 4.85 AC Open 0.10 AC Wetland 0.00 AC Park 0.00 AC Future 104.29 AC Current Phase Development Fee Acreage: 19.27 AC All other Development Fees Number of Units(Preliminary Plat) 190 Number of Units(Final Plat) 50 Area of new bituminous 42,854 Sq.Yds. All Streets Development Contract Calculations Exhibit B VITA ATTIVA-1ST ADDITION Development Contract IPlatting Fee Cacluations Based on 2021 Fee Schedule! Surface Water Quality Management Fee Residential,low density $ 110 per acre $797 Comm./Industial/Institutional $ 231 per acre $0 $797 Surface Water Management Fee Residential,low density $ 12,744 per acre $53,476 Residential,high density $ 21,169 per acre $64,581 Comm./Industial/Institutional $ 25,484 per acre $0 $118,056 Watermain Trunk Area Charge All Land Use Types $4,703 per acre $90,640 Sanitary Sewer Trunk Area Charge All Land Use Types $ 2,519 per acre $48,548 Park Dedication Dwelling units/acre 4.16 Percentage of land to be dedicated as Park 12% Required Park Land 2.31 AC Dedicated Park Land 0.00 AC Balance paid as Cash in Lieu 2.31 AC Appraisal Value/Acre $68,367 per acre $158,116 Park Development Fee Park Development Fee per acre of required parkland $ 24,212 per acre Total Park Development Fee for preliminary plat $ 55,996 $55,996 Sealcoating Bituminous Seal Coating $ 1.63 per square yard $69,851 Development Contract Escrow Construction Cost $2,534,433 Contract Administration 3% of Construction Cost $76,033 Construction Observation 5% of Construction Cost $126,722 $202,755 Total of Fees Due upon Platting $744,759 �Oversizing Reimbursements Sanitary Sewer Trunk Oversizing Watermain Trunk Oversizing Total Reimbursements Paid upon Proof of Plat Recording $0 Development Contract Calculations Exhibit B VITA ATTIVA-1ST ADDITION Development Contract Construction Security Calculations Construction Security Cost Amount Grading/Erosion Control $798,297 $997,872 Sanitary Sewer $401,556 $501,944 Water Main $375,837 $469,796 Storm Sewer $273,074 $341,343 Street Construction $675,669 $844,586 Monuments $200 per lot $10,000 $12,500 Street Lights $2,000 per light $30,000 $37,500 Boulevard Trees $0 Wetland Mitigation N/A N/A Total Security Amount $3,205,541 EXHIBIT C IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 430 Third Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue,for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of$ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause,"Drawn under Letter of Credit No. dated 20_, of (Name of Bank) b) Be signed by the City Administrator or Finance Director of the City of Farmington. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30,2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year),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,430 Third 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.600. 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] RESOLUTION NO. R42-21 APPROVING FINAL PLAT AND PUD AGREEMENT AND AUTHORIZING SIGNING OF FINAL PLAT AND PUD AGREEMENTVITA ATTIVA AT SOUTH CREEK FIRST ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,Minnesota, was held in the Council Chambers of said City on the 16th day of August, 2021 at 7:00 P.M. Members Present: Hoyt, Bernhj elm, Pearson, Wilson Members Absent: Porter Member Wilson and Member Bernhj elm introduced and seconded the following: WHEREAS,the final plat and PUD agreement for Vita Attiva and South Creek First Addition is nowbefore the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat on May 25, 2021, 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 reviewed the final plat and PUD agreement on July 13, 2021, and recommended approval of the final plat and PUD agreement; and WHEREAS,the City Council reviewed the final plat and PUD agreement; and WHEREAS,the City Engineer has rendered an opinion that the proposed plat can be feasibly served bymunicipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat and PUD agreement be approved and that the requisite signatures are authorized and directed to be affixed to the final plat and PUD agreement. The approval of the final plat is contingent upon the following stipulations: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. Roadway easement shall be obtained from the JMA Devney Family LLP for the portion of futurePilot Knob Road that extends onto their property. Easement must be recorded with the 1St Addition final plat. 3. A Development Contract between the applicant and the City of Farmington shall be executed andsecurity fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day ofAugust, 2021. Ma r Attested to the �� 1�day of August, 2021. tity"A' dministrator- SEAL CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 1_ Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Special Assessments on Specific Vermillion River Crossings Properties DATE: August 16, 2021 INTRODUCTION The City of Farmington approved the deferral of special assessments for two properties in Vermillion River Crossings pursuant to the Fifth Development Amendment to Development Contract dated May 16, 2016 and a Business Subsidy Agreement dated September 19, 2016. This deferral was in exchange for a grocery store being built on this property. DISCUSSION The City of Farmington and Hy-Vee entered into agreements in 2016 that deferred special assessments on the property they purchased in Vermillion River Crossings. Pursuant to the terms of the agreements, special assessments for certain public improvements in the amount of$2,058,731.23 were deferred and payment to be abated if the proposed projects proceeded. Pursuant to the terms of the agreements,the deferral was to end and the assessment would not be abated if the project did not proceed by May 16, 2021 and that upon termination of the deferment,the assessment was to become re-assessed and payable over 15 years at an interest rate of 5.7%with the first full yearly payment becoming payable in 2022. As the city council is aware,the project has not moved forward as of the writing of this memo. City staffs in regular contact with representatives from Hy-Vee and while we are told we are still in their plans, no specific timetable has been shared to date. The city council discussed this issue at the April 2021 work session and reemphasized that the top priority is still for Hy-Vee to build a grocery store in Farmington. At the same time,the city council was clear that they intend to follow the terms of the agreements in place in terms of the deferred assessments. BUDGET IMPACT The terms of the agreement call for the repayment of$2,058,731.23 in deferred assessments over 15 years at an interest rate of 5.7%. Over the repayment period, this would result in$3,494,375.59 in principal and interest payments. ACTION REQUESTED As any questions you have on this issue. Once the city council is comfortable, a motion should be made to adopt the resolution approving and adopting special assessments with the first installment due and payable with the 2022 taxes. ATTACHMENTS: Type Description ❑ Cover Memo Resolution and Repayment Schedule CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA RESOLUTION NO. R43-21 RESOLUTION APPROVING AND ADOPTING SPECIAL ASSESSMENTS 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 16'day of August 2021 at 7:00 p.m. Members Present: Hoyt, Bernhj elm, Pearson, Wilson Members Absent: Porter Member Pearson and Member Wilson introduced and seconded the following: WHEREAS, the City of Farmington approved the deferral of special assessments for the property legally described as: Outlets A and C, Vermillion River Crossings, Dakota County, Minnesota, according to the recorded plat thereof, except that portion of Outlot C replatted as part of Vermillion River Crossings Second Addition("Subject Property") pursuant to the Fifth Amendment to Development Contract dated May 16, 2016, and a Business Subsidy Agreement dated September 19, 2016, and recorded October 19, 2016, as Dakota County Document No. 3156617 (collectively,the"Agreements");and WHEREAS, pursuant to the terms of the Agreements, special assessments for certain public improvements in the amount of$2,058,731.23 were deferred and payment to be abated if the proposed project proceeded; and WHEREAS, pursuant to the terms of the Agreements, the deferral was to end and the assessment would not be abated if the project did not proceed by May 16, 2021; and WHEREAS, that upon the termination of the deferment, the assessment was to becomere-assessed and payable over fifteen (15)years at an interest rate of 5.7%, with the first yearly payment becoming payable in 2022. NOW THEREFORE BE IT RESOLVED by the City Council for the City off armington, Minnesota, that: Pursuant to the terms of the Agreement, the deferral of the assessment is hereby terminated. The previous assessment in the amount of$2,058,731.23 is hereby reaffirmed and levied as a special assessment against the subject property and is hereby made part of this Resolution by reference and that the tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in annual installments extending over a period of fifteen (15) years at the rate of 5.70% interest pursuant to the assessment roll/amortization schedule attached hereto as Exhibit "A". The first installmentshall be due and payable with the 2022 taxes. The special assessment is hereby allocated, adopted and made payable pursuant tothe attached assessment roll/amortization schedule. The owner of the subject property may, at any time prior to certification of the reapportionment to the County Auditor, pay the whole of the assessments on suchsubject property, with interest accrued to the date of payment. 21688 5 A The City Administrator shall forthwith transmit a certified duplicate of this assessment and Special Assessment Agreement to the County Auditor to be extended on the subject property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on-the 16`x'day of August 2021. 4 Ma or Attested to the /lo day of August 2021. 'J A-K611 dministrator SEAL 21688 5 A EXHIBIT "A" Assessment Roll/Amortization Schedule HY-VEE ASSESSMENT 5.70% 15 YEARS AMORTIZATION Payment Payment Beginning Total Ending Cumulative Number Date Balance Scheduled Payment :Payment Principal Interest Balance Interest 1 8/1/2021 2,399,983.23 296,797.92 296,797.92 159,998.88 136,799.04 2,239,984.35 136,799.04 2 8/1/2022 2,239,984.35 287,677.99 287,677.99 159,998.88 127,679.11 2,079,985.47 264,478.IS 3 8/1/2023 2,079,985.47 278,558.05 278,SS8.05 159,998.88 118,559.17 1,919,986.59 383,037.32 4 8/1/2024 1,919,986.59 269,438.12 269,438.12 159,998.88 109,439.24 1,759,987.71 492,476.56 5 8/1/2025 1,759,987.71 260,318.18 260,318.18 159,998.88 100,319.30 1,599,988.83 592,795.86 6 8/1/2026 1,599,988.83 251,198.24 251,198.24 159,998.88 91,199.36 1,439,989.95 683,995.22 7 8/1/2027 1,439,989.95 242,078.31 242,078.31 159,998.88 82,079.43 1,279,991.07 766,074.65 8 8/1/2028 1,279,991.07 232,958.37 232,958.37 159,998.88 72,959.49 1,119,992.19 839,034.14 9 8/1/2029 1,119,992.19 223,838.43 223,838.43 159,998.88 63,839.55 959,993.31 902,873.70 10 8/1/2030 959,993.31 214,718.50 214,718.50 159,998.88 54,719.62 799,994.43 957,593.31 11 8/1/2031 799,994.43 205,598.56 205,598.56 159,998.88 45,599.68 639,995.55 1,003,193.00 12 8/1/2032 639,995.55 196,478.63 196,478.63 159,998.88 36,479.75 479,996.67 1,039,672.74 13 8/1/2033 479,996.67 187,358.69 187,358.69 159,998.88 27,359.81 319,997.79 1,067,032.55 14 8/1/2034 319,997.79 178,238.75 178,238.75 159,998.88 18,239.87 159,998.91 1,085,272.43 15 8/1/2035 159,998.91 169,118.85 159,998.91 159,998.91 9,119.94 1,094,3 92.36 216885vl CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington M N.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Annual Performance Review of the City Administrator DATE: August 16, 2021 INTRODUCTION The annual performance review of City Administrator David McKnight takes place in August of each year to coincide with this anniversary date of August 29, 2011. DISCUSSION Pursuant to Minnesota Statute 13D.05, Subd. 3A,the city council make go into closed session to conduct the performance review on an individual subject to their authority. The city council must summarize the results of the performance review at their next regular meeting. The annual performance review will be attended by the five city councilmembers,the city attorney and the city administrator. BUDGET IMPACT NA ACTION REQUESTED A motion should be made to go into closed session to conduct the annual performance evaluation of City Administrator David McKnight pursuance to Minnesota Statute 13D.05.