HomeMy WebLinkAbout07.16.07 Council Packet
City of Farmington
325 Oak Street
Farmington, M'" 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promisingfiiture,
AGENDA
PRE-CITY COUNCIL MEETING
July 16, 2007
6:30 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVE AGENDA
3. CITIZEN COMMENTS
4. COUNCIL REVIEW OF AGENDA
5. STAFF COMMENTS
6. ADJOURN'
PUBUC INFORMATlON SfAfL,\4f.Nf
-'ouncil workshops arc conducted os on informal work session, all diseussions sholl be considered factjinding, h)pothetical and unofficial critical thinking exercises,
which do not reflect an official public position
Council work session OUlcomes should nor be conslrucd by Ihe allcnding public and/or rcporling media as the arliculalion of a formal City policy posilion, Only
official Council action normally laken ala regularly scheduled Council mecling should be considered as aformal expression o/the Cily 's posilion on any given matter,
City of Fannington
325 Oak Street
Fannington, MN 55024
Mission Statement
Through tearmvork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
AGENDA
REGULAR CITY COUNCIL MEETING
JULY 16, 2007
7:00 P.M.
CITY COUNCIL CHAMBERS
Action Taken
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Introduce Promoted Employee ~ Public Works
b ) Awards of Excellence ~ Parks and Recreation
c) Blood Drive ~ Human Resources
Page 1
Page 2
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/uf' Audience Cummenls)
7. CONSENT AGENDA
a) Approve Council Minutes (7/2/07 Regular) (7/9/07 Special)
b) School and Conference ~ Police Department
c) School and Conference ~ Finance
d) Adopt Resolution ~ Accept Donation ~ Fire Department
e) Approve Service Agreement with Cintas - Parks and Recreation
f) Adopt Resolution ~ Accepting Donations for the Dew Run ~ Parks and
Recreation
g) Second Quarter Building Permit Report ~ Building Inspections
h) Acknowledge State Building Codes ~ Building Inspections
i) Approve Funding "Let's Keep It Clean" Campaign ~ Natural Resources
j) Approve Spruce Street Lighting Maintenance Contract ~ Engineering
k) Adopt Resolution ~ Approve Development Contract Riverbend 2nd Addition
- Engineering
1) Recommend Termination Firefighter~ Human Resources (Supplemental)
m) Approve Bills
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
PUBLIC HEARINGS
a) Mill and Overlay Assessment Hearing - Engineering
Page 16
9. AWARDOFCONTRACT
a) Elm Street Lighting ~ Engineering (Supplemental)
Page 17
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Amendment to the Farmington Business Park PUD - Planning
b) Public Works Transitional Plan - Human Resources
c) Flagstaff Bids - Engineering (verbal)
pa;e 18
Pa e 19
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11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
.
.
City of Farmington
325 Oak Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
AGENDA
REGULAR CITY COUNCIL l\IEETING
JULY 16, 2007
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS / COMMENDATIONS
a) Introduce Promoted Employee - Public Works
b ) Awards of Excellence - Parks and Recreation
c) Blood Drive - Human Resources
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience (ommen/s)
7. CONSENT AGENDA
a) Approve Council Minutes (7/2/07 Regular) (7/9/07 Special)
b) School and Conference - Police Department
c) School and Conference - Finance
d) Adopt Resolution - Accept Donation - Fire Department
e) Approve Service Agreement with Cintas - Parks and Recreation
f) Adopt Resolution - Accepting Donations for the Dew Run - Parks and
Recreation
g) Second Quarter Building Permit Report - Building Inspections
h) Acknowledge State Building Codes - Building Inspections
i) Approve Funding "Let's Keep It Clean" Campaign - Natural Resources
j) Approve Spruce Street Lighting Maintenance Contract - Engineering
k) Adopt Resolution - Approve Development Contract Riverbend 2nd Addition
- Engineering
1) Recommend Termination Firefighter- Human Resources (Supplemental)
m) Approve Bills
n) Amendment to the Farmington Business Park PUD - Planning
8. PUBLIC HEARINGS
a) Mill and Overlay Assessment Hearing - Engineering
Action Taken
Introduced
Awarded
Information Received
Approved
Information Received
Information Received
R57-07
Approved
R58-07
Information Received
Information Received
Approved
Approved
R59-07
Pulled
Approved
R60-07
Tabled Aug 6, 2007
9. AWARD OF CONTRACT
a) Elm Street Lighting - Engineering (Supplemental)
R61-07
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Public Works Transitional Plan - Human Resources
b) Flagstaff Bids - Engineering (verbal)
Information Received-
Information Received
11. UNFINISHED BUSINESS
a) Schmitz-Maki Arena Feasibility Study - Administration
Information Received
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.[crrmi!!g1Q!l.l!!!1.!U>
TO:
Mayor. Councilmembcrs and City Administrator
\'
FROM: Randy Distad. Parks and Recreation Director
SUBJECT: \ilinnesota Recreation Park Association' s A vvard of Excellence
DATE: July] 6.2007
INTRODUCTION
StaIr submitted two Award of Excellence nominations to the \1innesota Recreation Park
Association (MRP A) Awards Committee. One nomination was submitted for the
improvements made to Depot \Vay Arts Park in 1006 and a second nomination was
submitted for the Green Team. an internal committee orthe City that was created in 1006.
Both nominations scored high enough to receive an Award of Excellence from the \ilRPA
Awards Committee.
DISCUSSION
Chris Esser fi'om the MRPA Av\ards Committee will be attending the July 16.1007 Cit:
Council meeting to present the two A ward of Excellence plaques. Menlbers of the Dakota
Valle: Arts Council"s Outdoor Arts for Farmington Committee and members orthe City's
Cireen Team have been invited to be part of this a\vard recognition.
ACTION REQLESTED
The only action needed is to publicly recognize and thank the Dakota Valley Arts
Council"s Outdoor Arts for Farmington Committee members and the Green Team
Committee members for their erforts.
Re~.cctfully Submitted.
<e' I \.:, '.1",.' f
; J
""'6.!;....r_ - '., .j
Rand\ Distad.
Parks and Recreation Director
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COUNCIL MINUTES
PRE-MEETING
JUL Y 2, 2007
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 6:30 p.m.
Members Present:
Members Absent:
Also Present:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
None
Elliott Knetsch, City Attorney; Peter Herlofsky, City
Administrator; Lee Mann, Director of Public Works/City Engineer;
Brenda Wendlandt, Human Resources Director; Cynthia Muller,
Executive Assistant
2. APPROVE AGENDA
MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION
CARRIED.
3. CITIZEN COMM~ENTS
4. COUNCIL REVIEW OF AGENDA
Councilmembers discussed the ALF Ambulance 2008 Budget.
5. STAFF COMMENTS
a) Discuss City Hall Groundbreaking
Council set the groundbreaking for the new City Hall at 5:30 p.m. on July 9,2007
and the Budget Workshop will follow at 6:00 p.m.
City Engineer Mann mentioned the supplemental item to accept the bids for the Hunter
lift station. Bids came in S 1 00,000 lower than estimated due to the tightly constrained
area the contractor will be able to work in and the type of method they will use. Tn a
normal bidding climate bids would have been $250,000. The general contractor and subs
are taking a cut due to a lack of work available.
6. ADJOURN
MOTION by McKnight, second by Fogarty to adjourn at 6:44 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
/' /
/
CYnthia Muller
Executive Assistant
COUNCIL MINUTES
REGULAR
JULY 2,2007
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Soderberg led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
None
Elliott Knetsch, City Attorney; Peter Herlofsky, City
Administrator; Lee Mann, Director of Public Works/City Engineer;
Cynthia Muller, Executive Assistant
Audience:
4. APPROVE AGENDA
MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Wilson, second by Pritzlaffto approve the Consent Agenda as follows:
a) Approved Council Minutes (6/18/07 Regular)
b) Approved 2008 ALF Ambulance Budget - Administration
c) Received lnformation School and Conference - Human Resources
d) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Liquor License Violation - El Tequila Restaurant - Police Department
The license holder has signed the stipulation, paid the fine, and will provide
server training to their employees. MOTION by Fogarty, second by McKnight to
accept the Stipulation of Facts. APIF, MOTION CARRIED.
9. AWARD OF CONTRACT
a) Hunter Lift Station - Engineering
Five bids were received. The low bidder was Engineering & Construction
Innovations, Inc. with a base bid of5l74,490. MOTION by Pritzlaff, second by
Council Minutes (Regular)
July 2, 2007
Page 2
Fogarty to adopt RESOLUTION R56-07 accepting the base bid of Engineering .
& Construction Innovations, Inc. of$174,490 and awarding the project. APIF,
MOTION CARRIED.
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) 225th Street Road Maintenance Agreement - Engineering
In May 2006 the CiZ and Castle Rock Township reached an agreement for the
maintenance of 225 Street. Staff presented a revised agreement which includes
the area adjacent to the Fountain Valley Golf Course which has been annexed into
the City. MOTION by McKnight, second by Wilson to ap~rove JOINT
RESOLUTION R55-07 regarding the maintenance of225 Street from TH3 to
Biscayne Avenue. APIF, MOTION CARRIED.
b)
Review TH3 Surface Transportation Program Application - Engineering
The City has been working with Dakota County, MnDOT, and Empire Township
to determine the appropriate improvements for TH3. Improvements include a
median along TH3 from the current median north to the roundabout at the
Newland property. This will close off some accesses to TH3 so frontage roads
have been identified. The scope ofthe project would go from Ash Street to 190th
Street. Through the downtown area, the median would be narrowed to expand the
width of the shoulders, intersection control is being reviewed including a
roundabout at Willow Street, there will also be frontage roads north of Willow
Street on both sides of the road for residents on Chippendale Circle and on the
west side, frontage roads south of 197th Street, and frontage roads at 204th Street
and 205th Street. In the downtown area access management would also be
reviewed. If anything is closed along TH3 in the downtown, opening Spruce
Street needs to be considered.
.
11. UNFINISHED BUSINESS
a) Flagstaff Property Acquisitions - Engineering
There are 39 land owners which staff needs to obtain either temporary or
permanent easements. There are 59 separate parcels to be acquired. Currently 18
land owners have signed agreements for their parcels and 21 have not signed.
Some may settle before the City files for condemnation proceedings this week.
Property owners have received notice of this action.
12.
NEW BUSINESS
a) Sign Ordinance - Elm Street Project - Administration
As part of the Elm Street project, staffhas been meeting weekly with citizens.
One issue raised was to increase the availability of access to businesses. A new
sign has been placed at the intersection of 1 st and Spruce Street funded by the
businesses noted on the sign. This does require waiving a certain portion of the
sign ordinance, section 10-6-3 (B) 1 dealing with off-premise directional signs.
Staff recommended it would not be appropriate for the City to participate in the
funding. The cost of the sign was $600 for two sides. Councilmember McKnight
thanked the business owners for the professional-looking sign. MOTION by
.
Council Minutes (Regular)
July 2, 2007
Page 3
Fogarty, second by Pritzlaffto authorize City staff to review the sign request from
local businesses and waive the ordinance section 10-6-3 (B) 1 until November 30,
2007. APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
Councilmember Fogarty: Thanked everyone for attending Rambling River Days and
those who planned the events.
Councilmember McKnight: Thanked Ed Samuelson and volunteers for the countless
hours they put in for Rambling River Days.
Councilmember Wilson:
Thanked everyone who helped with Rambling River Days.
At the request of some residents, he walked through the Sunnyside area and encouraged
City Administrator Herlofsky to review areas of concern before action on assessments is
taken.
Councilmember Pritzlaff: Thanked everyone who helped with Rambling River Days.
Regarding the outdoor movie held during Rambling River Days, he received suggestions
that the City could do this 3-4 times a year. Staff will research this.
Regarding the Elm Street project, residents on Oak Street have raised some concerns
regarding a possible temporary access through the alley to Burger King. Based on the
gravel in the alley, he would not support this access.
Regarding the Park and Ride situation in Apple Valley, the cities are working on the
Issue.
City Administrator Herlofsky: Weekly meetings are being held regarding the Elm
Street project and thanked the residents who have attended and infonned staff of various
items.
The community deserves a lot of credit for putting together a great event for Rambling
River Days. There are a number of departments in the City that also helped and spent a
lot of time to make the event successful.
Mayor Soderberg: Rambling River Days was a great event. Mr. Ed
Samuelson did a great job coordinating a lot of volunteers. He has heard nothing but
praise for City staff and how they helped. Council also participated in various events.
Councilmember Pritzlaff was a judge at the water wars. lnver Grove Heights took 3rd
place, Farmington Fire Station 1 took 2nd place, and Farmington Fire Station 2 took 1 Sl
place. The Police Department took 2nd place in dodge ball. Councilmember McKnight
helped with the parade, Councilmember Fogarty attended the pageant and
Councilmember Wilson attended the Post Office dedication.
Council Mmutes (Regular)
July 2, 2007
Page 4
Regarding Spruce and 1 st Street, the stop sign is making a huge difference and suggested .
making this a permanent change.
The Park and Ride situation has received some publicity. Apple Valley and Farmington
are not interested in a border war. This problem is created partly by all the express
busses running in one location. He felt the cities could work with the MVT A to resolve
the situation. One possible solution would be for MVTA to move some of the express
routes to the 157th Street station.
The groundbreaking for the new City Hall will be July 9,2007 at 5:30 p.m. at 3rd and
Spruce Street. Everyone is invited.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 7:41 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
<~,.~ Jv?~
Cynthia Muller
Executive Assistant
.
.
.
Council Budget Workshop
July 9, 2007
Mayor Soderberg called the meeting to order at 6:04 p.m.
Present:
Also Present:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Cynthia
Muller, Executive Assistant
MOTION by McKnight, second by Pritzlaffto approve the agenda. APIF~ MOTION
CARRIED.
City Administrator Herlofsky noted departments were encouraged to bring in what they felt they
needed and be as thoughtful as possible. The purpose of this workshop was to get Council
involved earlier in the process to receive Council's assistance with setting priorities.
There is a significant gap between revenues and expenditures. Revenues are based on 180 new
residential permits in 2008 and 15 new commerciallindustrial/retail pern1its in 2008 which
excludes the high school permit. The tax levy is at a lO% growth from the 2007 levy. All other
revenue sources remain constant.
.
Expenditures include 12 new or upgraded positions totaling 5661,000 in employee salaries and
benefits. This year the PERA expense will go to 6.5% for employees other than police and fire,
and 12.9% is the cost for PERA for police and fire. This is due to PERA's difficulties in funding
their shortfall of pension benefits.
Capital outlay requests total $1.589 million in the general fund only. The arena has $742,000
worth of expenditures such as a new concrete floor and piping. The IT intemal service fund
includes normal replacement costs and requests for new computers and new and upgraded items
required for service in the new City Hall. This includes voice over IP telephone service. IT
services are spread among all funds, not just the general fund, so 60% of the cost for IT would be
included in the general fund and the other 40% is spread among the enterprise funds and special
revenue fund. The IT items for the new City Hall are not optional. Voice over IP is a significant
cost and would change how phone service would be handled in all City buildings. Staff is
preparing a cost benefit analysis for this service.
Council received information on the computation of the tax capacity rate with a 10% levy
increase, there would be a 42% tax rate up from 41.87% in 2007. This assumes fiscal disparities
remain the same. The tax levy shows an increase of 5350,000 in debt service between 2007 and
2008 and this is due to the new City Hall project. There is also an increase to the fire levy.
Council also received a list of the City's required debt levies, including the City Hall bonds, for
the next 20 years. The majority of street projects over the next 3-5 years will be driven by
development and development will pay for them.
e
Regarding the request for 12 new positions, this does not include hiring a new City Engineer,
which will take place in 2008. These positions amount to S66l, 115.
In 2006 there were 124 roofing and siding permits. All building permits in 2006 came to 760. In
the first six months of 2007 there are 212 roofing permits and all other permits come to 841.
Council Budget Workshop
July 9,2007
Page 2
Staff in the building inspections division has been reduced from 3 % people to 2 Y2 people. The
licenses and permits amount proposed for 2008 is $591,000, ofthat $32,000 is licenses and the
rest is building permits amounting to $560,000.
.
Councilmember McKnight would like to see the building permit number lower, such as
$390,000. With a lower levy limit, it is hard to add positions every year and keep the levy low.
He agreed with the approach outlined in the May 15, 2007 memo from Finance Director Roland.
Finance Director Roland clarified Council wants to take any increase in the revenues away. If
we go to $390,000 in building permits that is all ofthe increase, so any levy put towards the
general fund is completely eaten up by less building permits. Councilmember McKnight stated
he does not want a number the City cannot achieve. He wants to gradually get the building
permit number to zero.
Councilmember Fogarty stated she was comfortable with building permit numbers last year
because of the high school. If Council is not willing to raise the levy, then we do put the City in
a tough crunch. She would like to go with the levy number suggested and re-evaluate closer to
the end ofthe year. Regarding the Code Enforcement Officer, Councilmember Fogarty asked
what revenue would this position generate. She asked if we are receiving enough complaints to
hire someone full time. City Administrator Herlofsky stated he would never look at that position
as making revenue. Councilmember Fogarty was not interested in seeing an increase in the
fines.
Councilmember Pritzlaff did not think we would reach 180 building permits and would like to
see it lower. As far as the new positions, he was shocked to see a Code Enforcement Officer on .
the list when Council has not taken action as to whether they want this. Finance Director Roland
noted Planning is currently handling the complaints and this position was eliminated when
preparing the 2007 budget.
(Councilmember Fogarty left at 6:34 p.m.).
Councilmember Pritzlaff stated the positions for Engineering Administrative Assistant, Parks
Maintenance Park Keeper, Park Ranger, Facilities Maintenance Worker, Recreation
Administrative Support Specialist amount to $359,000. He was not comfortable with spending
this money for new positions. He supported the upgrade positions. He stated we either have a
specialist or an assistant for an assistant. City Administrator Herlofsky noted as far as staff
assistance to department heads, this is the leanest-running outfit he has seen. This says
department heads would like to have more office help. Councilmember Pritzlaffthen asked what
department is asking for the pickup with a topper. Staff replied IT, to carry computers to other
buildings.
City Administrator Herlofsky noted they have included five new laptops for the Council for the
new City Hall. Councilmember McKnight did not support this.
Councilmember Wilson did not have an opinion on the building permit number. He preferred to
wait until after the third quarter. He understood Councilmember McKnight did not want to have
to count on building permit revenue. Councilmember Wilson was concerned with the entire .
expenditure category, especially fire. Staff noted they want a new fire truck. Councilmemher
Wilson was suspect of spending money for voice over IF until they receive more information.
City Administrator Herlofsky noted staff is trying to determine if we should move our existing
phone system or is this the best time to make the change. Councilmember Wilson felt we did not
Council Budget Workshop
July 9, 2007
Page 3
need to spend money on the ice arena until the survey is completed. City Administrator
Herlofsky noted after the survey is received he will suggest S200 for ice rental rates. Staff will
also work with the hockey association and the school district to increase the hours.
Mayor Soderberg would like to see the tax capacity rate stay constant with last year. He was
comfortable with the building permit numbers as they are. He would not go as far as getting to
zero, but would like to be conservative. With those constraints on the budget, it will be tough to
add positions. Council has already agreed to the City Engineer position. The money currently in
the budget for the retainer for Bonestroo is on par with the cost of this position with benefits.
The cost for Bonestroo as a consultant would be charged directly to projects and developers.
Mayor Soderberg asked ifvoice over IP gives the City capacity for a listserv. Staff felt this was
separate. Mayor Soderberg felt it would be nice to e-mail the newsletter to residents who would
like that. Staff cautioned this would take a lot of time and require another support staff person.
Councilmember Wilson asked if the economic development consultant would be carried over to
2008. City Administrator Herlofsky proposed to use the consultant for 18 months, 6 months in
2007 and 12 months in 2008.
Councilmember Pritzlaffnoted Council took a tour of the mill and overlay project in Sunnyside
and asked staff to work with Aslakson' s on a price reduction because of all the patch work
before the next Council meeting. There is currently $8,000 retainage.
MOTION by McKnight, second by Pritzlaffto adjourn at 7:0l p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
("(
Cynthia Muller
Executive Assistant
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
'j /
'0
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TO:
Mayor and Councilmembers
City Administrator
/
FROM: Brian A. Lindquist,
Police Chief
SUBJECT: School request
DATE: July 16,2007
INTRODUCTION / DISCUSSION
The Saint Paul Police Department Professional Development Institute and the Northwestern
University Center for Public Safety will be conducting The School of Police Staff and Command
training to be held in St. Paul. This is a 10 week program and will cover topics such as:
Understanding Management, Law Enforcement Management and its Environment, Human Resource
Administration and Skills for Planning and analysis. The course is a university-based education
program intended for mid and upper-level supervisory personnel.
Sergeant Robert Sauter, a lO year veteran of the Farmington Police Department, as expressed interest
in attending this highly accredited and sought after training. I believe this officer is an excellent
candidate for this educational opportunity.
BUDGET IMPACT
The cost of this conference is 53600.00 and is covered in the Administrative Division and Patrol
Division of the 2008 Police Department Budget.
ACTION REQUESTED
Information only.
Respectfully submitted,
,../
,:;.:
.0
Brian A. Lindquist
Chief of Police
--)
/,....,
it' L,~.~-,...
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
Mayor, Council members, City Administrator
J
FROM:
Robin Roland, Finance Director
SUBJECT:
School & Conference - Finance Department
DATE:
July 16,2007
INTRODUCTION
Attendance at the Minnesota Government Finance Officers Association Conference, held September
19 - 21 at Arrowwood in Alexandria is being planned.
DISCUSSION
This conference is an annual event for Government Finance Officers within the state organization.
This year's theme is "Riding the Highway of Change" and included topics are transportation funding,
investing strategies, broadband technology and electronic payments and updates on GASB
requirements. This conference qualifies as continuing education for professional finance personnel.
BUDGET IMP ACT
Registration fees for the conference are $225 and lodging is $306. The adopted 2007 budget includes
funding for this conference.
ACTION REQUESTED
For information only.
Respectfully submitted,
( "
"
Robin Roland
Finance Director
.
.
.
Concurrent Sessions
(Listing by Type)
Technology Topics
A. Broadband / Wifi for Communities
B. Outsourcing Information Technology
C. Electronic Payments
Budgeting / Advanced Topics in Finance
A. GASB/ SAS Update (offered twice)
B. CAFR Statistical Section Primer
C. Investing Strategies 101
D. How to Create a Budget for the GFOA Award
E. Lean Government (offered twice)
F. So you want to Issue Debt?
G. SO you want to Refund Debt'?
H. Transportation Funding
Professional Development/Management Skills
A. Legislative Update (offered twice)
B. Business Communications (offered twice)
C. Ethics (offered twice)
D. Dealing with Negative Attitudes in the Workplace
E. Managing Multiple Priorities
F. Fraud in the Workplace and on the Homefront
G. Your Pension Health
Certification Program
A. Certified Public Finance Officer Exams
B. Overview of the CPFO Program
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
"",,"'W .ei.farmington.mn. us
-) !
./ I
~/ (:::i(
TO: City Administrator. Mayor and Council
FROM: Tim Pietsch. Fire Chief
SUBJECT: Accept Donation
DATE: July 16.2007
INTRODUCTION
The Cataract Relief Association has purchased a handheld thermal imaging camera. They would like
to donate this piece of equipment to the Fire Department.
DISCUSSION
We have two thermal cameras at the present time, one that works and the helmet camera that does
not. The unit that was purchased is the same as the present handheld unit. This will allow us to have a
camera at each station on the first arriving engines.
BUDGET IMPACT
None.
ACTION REQUESTED
Accept Fire Chiefs request to accept this piece of equipment into our inventory.
Respectfully Submitt,ed,
Tim Pietsch
Fire Chief
cc: file
RESOLUTION No. R -07
ACCEPTING DONATION OF A HANDHELD THERMAL IMAGING CAMERA
FROM THE CATARACT RELIEF ASSOCIATION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the l61h day
of July, 2007 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS~ the Cataract Relief Association has donated a handheld thennal imaging
camera to the Fire Department.
WHEREAS~ it is in the best interest of the City to accept such donations.
NOW~ THEREFORE~ BE IT RESOLVED that the City of Fannington hereby accepts
t11e genera.us donatiol1 one handheld thermal imaging camera, given by the Cataract
Relief Association.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 16th day of July 2007.
Mayor
Attested to the day of July 2007.
City Administrator
SEAL
'-,
/c?
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmiIlgton.mn.us
TO:
\Jlayor. Councilmembers and City /'\dministralOr
FROYI:
Ranch Distad. Parks and Recreation Director
SliBH:CT:
Approve Rug Sen ice /\greement \\ ith Cintas
DATE:
.Iuh ! 6.2007
INTRODlJCTlON
Cilllas is a national company that specializes in product rental and sen ice agreemel1ls for racilities. /\ live year
agreement \\ ith Cintas for the rental and cleaning or el1lry \\ay rugs at the Police Station and Central Maintenance
Facility \\ ill e:\.pire on August] 9.2007,
DISCUSSION
Cintas has submitted a ne\\ t~ve year agreement to the City for the rental and sen icing oCthe entry\\ay rugs at the
Police Station and the Central Maintenance Facility. City stafTmembers have been pleased \\ith the \\ork that has
been completed in the past by Cintas and \\Oldd like to continue working with Cintas because of their familiarity
with both t~lC i I ities. I n the discussion about a ne\\ f~ ve year agreement \\ ith C intas representati ves. it \\ as
expressed that the Police Department did not need to h,1\e its rugs sen iced as often as was identif~ed in the
agreement that is about to end, The Central Maintenance Facility hCJ\\ever needs to add two rugs in areas of the
hlCility that currently do not have entry\\ay rugs, In the ne\\ five year agreement proposed by Cintas. the costs
reJleet more closely hCJ\\ often certain rugs need to be c\caned at both I~lcilities and the type and number of rugs
needed. Cintas has reduced the per-unit cost 1'01' each rug that the City rents in both facilities and thereby helped
to reduce the total annual cost or the service rental agreement.
BUDGET IMPACT
fhe annual sa\ ing~ is as rollcJ\\s for the Police Department:
Cunent Annual Cost
$2.119.00
New Annual Cost
SSR6.82
Amount of Sayings
$I.S32.1 II
The annual savings is as follcJ\\s f<.1!' the Cel1tral :vlaintenance Facility:
CUI'rent Annual Cost
$5.0]6,]6
New Annual Cost
54.603.04
Amount of Sayings
$4 13. 1 2
ACTION REQLESTED
Approve by motion a rental sen ice agreemelll \\ ith Cintas 1'01' the rental and servicing of the entry\\ay rugs at the
Police Station and Central Maintenance Facility,
Respectfully Submitted.
"'l"l
Ranch Distad.
Parks and Recreation Director
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the form of an invoice.
. COD Terms $
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Shop towel container $ per week
. Artwork Charge for LogoMat $
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This Service Charge is used to help Company pay various fluctuating current and future costs including, but not limited to, costs directly
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Accepted - GM:
R-2100E (6/04)
Form Distribution: (1) White-Office (2) Canary.Customer (3) Pink-Corporate Office
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This agreement is effective as of the date of execution for a term of 60 months from date of installation,
. The additional charges listed below are subject to adjustment by Company effective upon notice to Customer, which notice may be in
the form of an invoice,
. COD Terms $
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per week charge for prior service (if Amount Due is Carried to Following Week)
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. Under no circumstances will the Company accept textiles bearing free liquid, Shop towels may not be used to clean up oil or solvent spills,
Shop towel container $ per week
. Artwork Charge for LogoMat S_
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This Service Charge is used to help Company pay various fluctuating current and future costs inciuding, but not limited to, costs directly
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costs incurred or that may be Incurred in the future by Company,
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City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111 . (651) 463-2359
\\ \\ w.ci.farminuton:mn.us
TO:
\layor. Councilmembers, and City Administrator
FRO:VI:
Kelke Omlid
Recreation Specialist
~
SUBJECT: Adopt Resolution Accepting Donations tell' the Dew Run Parks and Recreation
I )cparlm en t
DA,TE:
.luh 16,2007
INTRODUCTIO~
Donations for the Dew rZun haw been received from [co no Foods, Bruegger's Bagels. and Runner's
Gate.
DISCUSSION
The following donations were received for the De\\ Run that was held during the Rambling River
Davs celebration
Econo Foods
Bruegger's Bagels
Runner" s (Jate
5100 in \\ater
5300 in bagels
5200 in product
Staff will communicate the Cit)'s appreciation on behalf of the Council to Lcono Foods, Bruegger's
Bagels. and Runner"s e;ate for their support of the Dew Run.
ACTIO:\' REQLESTED
Approve the attached resolution accepting the donations hom Lcono Foods, Bruegger's Bagels, and
Runner's Gate.
Respectfully Submitted.
" /'
Kellee Omlid
Recreation Specialist
RESOLlTION :\0.
ACCEPTI~G DONATIONS FOR THE DEW RUN
Pursuant to duc call and notice thercoL a IT'lular mcetinL! of the City Council of the City
of Farmington, :Y1innesota, \\as held in the Eouncil Cha1~1hers of said City on the 16th -
day of July, 2007 at 7:00 p.m.
Members Present:
Memhers Absent:
Member introduced and :Y1emher
seconded the Collowing:
\VHEREAS, the follcming donations \\ere rccei\Cd for the Dew Run: [cono roods
S 100 in bottled 'v'vater. Bruegger's Bagels S300 in bagels, and Runner" s
Gate $200 \\orth of product.
WHEREAS, it is in the hest interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOL YED that the City of rarmington hereby accepts
with gratitude the generous donations ti-om Econo Foods. Bruegger's Bagels. and
Runner's Gatc tha1 werc used for the DC\\ Run.
This resolution adopted by recorded 'vote of the Farmington City Council in open session
on the 16111 day of July. 2007.
Vlayor
Attested to the
d,l\ of Juh 2007.
. .
Cit) Administrator
SEAL
City of Farn1ington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
wvvvv.cLfarmington.mn. us
-.]
,/
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'_.,.)
TO:
Mayor. Council Members, City Administrator ,i
FROM:
Ken Lewis, Building Official
SUBJECT:
Second Quarter 2007 Ne,v Construction Report and Population Estimate
DATE:
July 16,2007
INTRODUCTION
The following report summarizes the new construction permits issued during the second quarter of 2007
and the second quarter population estimate.
DISCUSSION
Second Quarter Building Permit Information: During the second quarter of the 2007 building
construction season (April 1 st through June 31 st), the City issued 26 new single-family detached housing
permits and 24 new multi-family permits, for a total of 50 new second quarter housing permits.
Construction valuation for the single-family and multi-family homes totaled $5,172,200 and $3,005,885,
respectively. Permits were issued for 3 new commercial projects. These were for the Medical Office
Building, Charleswood Market Place Retail Building and CVS Pharmacy, which have a valuation of
3,609,109.
The average building valuation of the single-family homes during the second quarter of 2007 was
$198,931, down from $212,654 during the first quarter of 2007. The average building valuation of the
tO\vnhome units during the second quarter of 2007 was $125,245, dmvn from $ I 38,476 during the first
qualier of 2007. (Note that the valuation averages do not represent the average sale price or average
market value of the bomes in question, since tbey do not include the value of the lot or any amenities
added to the home tbat are not part oftbe building code formula),
Year-End Population Estimate:
At the beginning of 2003, City staff decided that each quarterly building permit repOli should also include
an updated population estimate for the City of Farmington. After discussing several methods of
calculating population, a decision was made to base our population estimates on Certificates of
Occupancy rather than upon building permits. Building permit activity is not a "real time" ref1ection of
actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the
dwelling unit (i.e., the time required to construct, market and sell the home).
Accordingly, staff started with the City population as of April 1,2000 (as determined by the U.S. Census
Bureau) and then determined the number of Celiificates of Occupancy [C.O.s] issued by the City since
that date. The number of C.O.s was multip]ied by 2.95, which was (according to the 2000 Census) the
average Dumber of occupants per Farmington dwelling unit. The resulting calculations are as follows:
19J54
+ ]04
---
] 9.458
+ ]45
] 9.603
+ 62
~
] 9.665
+ 77
19,742
~
19.810
-j- 157
19,967
-+- 204
-~-
20.171
-i- 17'l
20345
+ 145
20490
+ 12
20502
+ 142
20,644
+ 124
20,768
Estimated Population as of December 31,2004
= 35 Certificates of Occupancy issued for the period from 1/1/05 to 3/31/05 X 2.95
Estimated Population as of March 31,2005
= 49 Celiificates of Occupancy issued for the period from 4/1 /05 to 6/30/05 X 2.95
Estimated Population as of June 30, 2005
= 21 Certificates of Occupancy issued for the period from 7/1/05 to 9/30/05 X 2.95
Estimated Population as of September 30, 2005
= 26 Celiificates of Occupancy issued for the period from 10/1/05 to 12/31/05 X 2.95
Estimated population as of December 31,2005
= 23 units brought in by annexation for the period from 10/1 /05 to 12/31/05 X 2.95
Estimated population as of December 31, 2005
= 53 Certificate of Occupancy issued for the period from 1/1 /06 to 3/31/06 X 2.95
Estimated population as of March 31, 2006
= 69 Certificates of Occupancy issued for the period from 4/1/06 to 5/30/06 X 2.95
Estimated population as of June 30, 200
= 59 Certificates of Occupancy issued for the period from 7/1/06 to 9/30/06 X 2.95
Estimated population as of September 30, 2006
= 49 Certificates of Occupancy issued for the period from 10/1/06 to 12/31/06 X 2.95
Estimated population as of December 31,2006
= 4 units brought in by annexation for the period from 1/1/06 to 12/31/06 X 2.95
Estimated population as of December 31, 2006
= 48 Certificates of Occupancy issued for the period from 1/1/07 to 3/31/07 X 2.95
Estimated population as of March 31,2007
= 42 Celiificates of Occupancy issued for the period from 4/1 /07 to 6/31/07 X 2.95
Estimated population as of June 3 l, 2007
ACTION REQUIRED
For information only.
Respectfully Submitted,
)
-//'
/1 €fl L-<-_<-etA
Ken Lewis
Building Official
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
-; I
/A
I
TO:
Mayor, Council Members, City Administrator
, '
, I
FROM: Ken Lewis, Building Official
SUBJECT: Adoption of the 2007 Minnesota State Building Codes
DATE: July 16, 2007
INTRODUCTION
As of July 10,2007, the Minnesota Dept of Labor and Industry, Building Codes Division has adopted
and is enforcing the new 2007 Minnesota State Building Codes. The new 2007 Minnesota State
Building Code is based on the 2006 International Building Code and 2006 International Residential
Building Code.
DISCUSSION
The City Code was amended several years ago to be self-perpetuating and updates automatically with
periodic amendments to the state codes. The Minnesota Rules Chapter 1306 Special Fire Protection
Systems (sprinkling requirements) section of the code that was adopted by the city in 2003 will be
brought to the council at a later date for review and adoption. The changes to chapter 1306 include
mostly clarifying language and are not significant in nature.
The most significant difference to the State Building Code is that all town homes that are categorized
as a IRC-2 and IRC-3 with over 9,250 square feet of floor area, which includes basements and
garages are required to have a fire suppression system installed throughout. The other amendments
are basic in nature and do not have a significant impact to the industry. A summary of the changes is
available for review in the Building Inspections Division.
ACTION REQUESTED
For information only.
ResPJctfully Submitted,
/l/ .
~'~'i' CC(Jl../~
Ken Lewi s
Building Official
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
---J I
/
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TO: Mayor, Council Members, City Administrator
FROM: Jennifer Collova, Natural Resources Specialist
SUBJECT: Approve Funding for the Let's Keep it Clean Campaign
DATE: July, 162007
INTRODUCTION
Metro WaterShed Partners is a coalition of over forty public, private and non-profit organizations in
the Minneapolis/St. Paul, Minnesota metropolitan area that, through collaborative educational
outreach, teaches residents how to care for area waters.
There are many programs the Metro Watershed Partners have embarked on, one being, Minnesota
Water -- Let's Keep it Clean campaign which is designed to teach Minnesotans how to protect lakes,
rivers and streams from storm water run-off pollutions. This campaign provides materials that cities,
counties and watershed educators can use to meet the public education requirement of their Federal
and State stormwater pollution prevention plans.
DISCUSSION
Minnesota Water - Let's Keep it Clean will assist the City of Farmington in meeting its educational
BMP set forth in the city's NPDES (National Pollution Discharge Elimination System). In 2006 the
City of Farmington utilized brochures, posters and radio and television advertisements, produced by
the campaign, for our NPDES Phase 11 Stonnwater Pollution Prevention Plan.
BUDGET IMPACT
By contributing to this organization we can help ensure that their work will continue and they will be
able to provide materials for the City's use. Minnesota Water - Let's Keep it Clean campaign is
currently seeking funding to continue their educational outreach programs. The annual support
requested is $1,500, which would come from the City's Stormwater Fund.
ACTION REQUESTED
Approve the expenditure of $1 ,500 to support the Minnesota Water - Let's Keep it C'lean campaign.
Respectfully submitted,
Jennifer Collova
Natural Resource Specialist
cc: file
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6
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Request for Program Participation and Support
March 30, 2007
City of Farmington
Jen Collova
325 Oak St.
Farmington, MN 55024
Dear Jen,
Enclosed is the 2006 Report for Minnesota Water - Let's Keep it Clean, a stormwater
pollution prevention education outreach program of Metro WaterShed Partners.
Minnesota Water - Let's Keep it Clean is based on the premise that better and more
consistent stormwater education messages can be delivered if cities, counties, and
watershed organizations pool resources and work together. In 2006, 21 organizations
participated, providing $74,500 in program funds. Together we accomplished:
. 72 spring radio ads on WCCO radio sharing a "keep grass clippings out of the street"
message. 28 ads aired during Twins baseball games.
. 432 fall ads on prime time cable television programming sharing a "keep stormwater
clean - rake up, sweep up, pick up" message.
. Six ads in "The Scoop" trade magazine directed at Minnesota landscapers.
. 50,000 stormwater educational flyers distributed at the Minnesota State Fair.
. Maintenance of www.cleanwatermn.org website; a stormwater education resource
center for MS4s, students, teachers, and citizens. Over 12,000 website visits
occurred in 2006.
. Maintenance of the Metro Watershed Partners collaborative and network by
administering the WSP website, list serve, and coordinating the monthly meetings.
All these activities were reportable on annual stormwater pollution prevention plan reports to
the Minnesota Pollution Control Agency.
In 2007 we will:
. Place spring messages on KSTP Saturday morning radio and Twins baseball games.
. Place fall messages on prime time cable television.
. Distribute stormwater education materials at the Minnesota State Fair
. Renovate our www.cleao}'{atermn.org website to improve resources for MS4
educators.
We are seeking continued support for Minnesota Water - Let's Keep it Clean and the Metro
WaterShed Partners in 2007 and beyond. If you are not already participating, please
consider joining this Twin Cities metro area effort. Enclosed is an invoice form to facilitate
processing funds.
We recommend the following schedule of annual program support based on community size,
however we welcome any level of support your organization can provide:
Population Annual Support Level
o - 10,000 $500
10,000 - 20,000 $1,500
." -t-,..., ~ " -t-~
c
LO,UUU - 40,00U
40,000 - up
:jlL,:JOV - :jl-5,500
$3,500 - $5,000
-I
Metro WaterShed Partners is a collaboration of 40 water resource education organizations in
the Twin Cities metro area. One of our members, the Center for Global Environmental
Education at Hamline University, serves as our fiscal agent. You can learn more about Metro
WaterShed Partners at: http://cgee.hamline.edu/watershed/.
For Metro WaterShed Partners and the Minnesota Water - Let's Keep it Clean workgroup, I
invite you to continue or start program participation in 2007. Please contact me with your
questions or if you would like a copy of this letter sent to another individual in your
organization. Thank you!
For Metro WaterShed Partners,
/l
Jr4;7f3ur
v
April Rust, Minnesota DNR
Co-Convener, Metro WaterShed Partners
651/259-5706 - ill!ril.rust~;;tat~.mn.u_;;
WHO ARE THE METRO WATERSHED PARTNERS?
The Metro WaterShed Partners (MWSP) is an innovative, dynamic coalition of over 60 public, private,
and non-profit organizations in the Twin Cities Metropolitan Area. Through collaborative educational
outreach, MWSP provides opportunities for citizens to learn how to care for our water resources. The
mission of MWSP is to:
· provide and promote collaborative watershed education products with consistent messages
to the general public, !ocal government staff, and elected officials,
. provide MWSP Members a place and means for an information clearinghouse, a source of
idea generation, and the coordination, collaboration, and support for watershed education
programs.
This award-winning partnership cooperates through educational projects including outreach and
multimedia campaigns, networking, and sharing resources. The strength of the MWSP lies in the
combined resources and energy of many individuals and organizations. See
http://cgee.hamline.edu/Vfatershed/Partnersjdirectory.htr1':1 for the current member directory.
EFFORTS AND SUCCESSES
MWSP is perhaps best known for its interactive watershed education traveling exhibit. State Fair
goers may recall the exhibit hosted annually in the Minnesota DNR building, viewed by over 30,000
visitors per year since 1997. MWSP has also completed several successful clean water media
campaigns in the Twin Cities metro area. During 2006, the Metro Media campaign produced 72
radio advertisements, six magazine print advertisements and 50,000 flyers, which were distributed
at Minnesota State Fair. The campaign's "Rubber Duckie" public service announcement was played
423 times on cable television in the Twin Cities metro area.
MWSP creates and utilizes high quality outreach and education materials, such as interactive
computer kiosks with six different watershed education programs in three languages. Kiosks are
available for members to use with the watershed exhibit in their local communities and as a stand-
alone educational component for libraries and community centers. Other prominent projects from
MWSP include the Volunteer Stream Monitoring Project, engaging high school students in water
quality monitoring and i'-Jonpoint Education for Municipal Officials (NEiviO) a land-use water quaiity
education program for local government officials and staff. See the full list of MWSP
accomplishments at the end of this document.
ORGANIZAnONALNEEDS
In order to continue to coordinate and provide high-quality watershed education programs and
materials, MWSP relies on contributions from member organizations and grants. For 2007, MWSP
needs an estimated $30,000 to cover MWSP administrative assistant and exhibit coordinator roles
as well as $73,000 for the Metro Media Campaign and additional funds to maintain the WaterShed
Partners kiosks and exhibits in good working condition. The Metro Watershed Partners is asking for
financial support from cities, counties, watershed districts, and others, to continue its collaborative
efforts. To find out more how to support MWSP, download our current invoice form.
DONOR BENEFITS
By financially backing the MWSP, organizations support collaborative watershed education products
with consistent messages for the general public, local government staff, and elected officials. Your
organization's support of MWSP programming can also help you to meet permit requirements for
your MS4 Storm Water Pollution Prevention Program. By combining resources from multiple
members, MWSP is able to ensuring affordable educational materials for all.
METRO WATERSHED PARTNERS ACCOMPLISHMENTS (1996-current)
. WaterShed Partners (MWSP) officially formed with established monthly meetings.
e Funded by Met Council, MWSP worked with Science Museum of Minnesota to create
professional quality watershed table exhibits. Tables include: 1) What is a WaterShed? 2)
What is your watershed address? 3) Your street flows to the river, and 4) Clean water begins
with you.
. 1997 Public media campaign ("Water Quality Action Campaign") undertaken in collaboration
with Board of Water & Soil Resources reaches 2.5 million households.
e Interactive watershed education computer kiosks developed.
.. Staffing support for exhibits and partnership established through Hamline University's Center
for Global Environmental Education (CGEE).
. Exhibit evaluation conducted by Wilder Foundation reveals notable learning occurring in
response to exhibit interactions: 92% correctly define watershed.
. CGEE established a WaterShed Partners website.
. Established Watershed Stewards Curriculum at Farnsworth Elementary School.
. Established the Volunteer Stream Monitoring Partnership with $400,000 grant from
Metropolitan Council in 2000.
. NEMO (Nonpoint Education for Municipal Officials) launched in 2000.
. Awarded $150,000 two-year grant from McKnight to CGEE for MWSP programs.
. NEMO receives $93,000 grant from Metropolitan Council.
. Over half a million people have interacted with the WaterShed exhibits since 1997; the
exhibits have been displayed at national conferences and have been a national model.
. Project NEMO receives $125,000 "319" grant from MN Pollution Control Agency, and
$50,000 from Metropolitan Council.
. $50,000 grant for "Think Clean Water" media campaign from Metropolitan Council.
. Participated and presented at national Nonpoint and Stormwater Pollution Education
Conference in 2005.
. Become a regular exhibitor at Target Corp's Environmental Fair.
. Sold and supervised printing of phosphorus and lawn care brochures and posters to
organizations throughout Minnesota and the U.S.
. Created new educational kiosks for community education (libraries, community centers)
AWARDS
. 1998 "Partnership Minnesota" award.
. MWSP given top honors by the Minnesota Environmental Initiative in 1999.
. 1999 MN GREAT award (Minnesota Government Reaching Environmental Achievements
Together.)
. 2005 People's Choice award for Water Down the Drain with Alex the Frog video.
. Minnesota Water - Let's Keep It Clean
2006 Program Report
lYlh1l1esota FVate? - Let's Keep It Clean is a storm\vater education
collaboration of cities. counties, and water management organizations in
the Twin Cities and St. Cloud metro areas. Its objective is to increase
impact and improve efficiency of local st0ll11water education programs by
workingjointly on developing and distributing educational materials. Its
resource website is:
Afinnesota Water - Let '5 Keep It Clean is a program of Metro WaterShed
Partners. an organization of \vater resource educators in tIle Twin Cities
Metro Area:
.... j
LET'S KEEP IT OLE.AN
2006 Accomplishments
During [\lay 2006, "sweep up your grass clippings" message aired 72 times on
\VCCO radio: 28 ofv\hich were during Twins baseball broadcasts:
ceo
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vVCCO Radio A.ds - 72 ads in May for 512,200
.
"Rummmmm (I[[,vnmo,ver
drains.
When grass oilofstreets and out of storm
and that turns lakes and rivers green with algae. Cleaner
all Minnesotans. Visit cleanvvatermn. org."
A media packet on lawn mowing practices was placed on the www.cleanwatermn.org vvebsite so MS4s
could support the ad with locally delivered messages. Ad cost was $12,200.
Ads in The Scoop, trade magazine of the Minnesota Nursery and Landscape Association.
Six ads for Sl,620
Two difTerent ad styles ran during the months of January - April, August - September. A copy of the
summer ad is below. Target audience are those in the landscaping and yard care industry. Regular
magazine circulation is 1,900 per month; with "double issues" in January and September reaching 4,000.
. y\;.J e, '(S'
([}.vvr).
For lakes' sake!
Keep streets clean of leaves & clippings
Keep our water clear of algae
Storm drairs connect streets 'Nlth water. Keep leaves and grass
clippings out of the street. Leaves and grass clippings contain
phosphorus, the nutrient that turns lakes and rivers green v\.'ith algae.
A message of Metro WaterShed Partneis. D
~1ore at "",NI.c!eanIYatflmn.8rQ. '~", ' ,
LETS KFFP IT CLF..\~
.
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Page 1 of 5
weco H.adio State Fair Bag Flyer: 50,000 distributed during 2006 State Fair, $2,537
weco Radio distributes a popular bag full of informational and promotional items at the Minnesota
State Fair. 50,000 tvvo-sided flyers giving the "svveep up grass clippings, rake up leaves and use
phosphorous free feliilizer" messages where distributed via the WCCO Radio State fair bag in 2006.
Flyer shown on next page. Printing vvas $1,000 and distribution S 1,000, for a total of $2,000.
The flyer featured coupons from nine distributors of water- friendly yard care products. Coupons could be
printed from the vvebsite. Yery fevv copies of tbe coupons were downloaded,
leading the workgroup to decide against using this outreach method again.
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. (5 Clean streets = Cleaner 'water
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-------
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-------------
Design by Dawn Dubats, Rice Creek Watershed District.
"Rubber Duckie" Cable Television Public Service Announcement, October, $39,997
Voiced by outdoor journalist Ron Shara, the following 30 second public service announcement (PSA)
played 423 times on cable television throughout central Minnesota and western Wisconsin.
If storm ].vater pollUTion was simply rubber duckies, it wouldn't matter vvhat went down
our storm drains. But it does, Because storm water pollution is not rubber duckies. It's
trash, oil, cigarette butts, and pet wasteflowing untreated to the sea our lakes and
rivers. That's not good for an)' of liS So take a minute for water clean - rake up, sweep
up and pick up. Cleaner streets means cleaner water - for all Alinnesotans.
The PSA aired from the last vveek of September through October. It was adapted
from a PSA developed by the City of San Diego, edited to represent Minnesota and to include "rake up,
sweep up and pick up" images a the end.
Distribution of "Rubber Duckie" DVD for use on community cable television, $212
Twenty-six copies of the "Rubber Duckie" DYD were distributed for use on
community television; 21 to the financial patiners listed in this report, and five to
cities and organizations who requested it having seen it announced via e-mail.
Among the requests is the State of Indiana vvho plans to adapt our adaptation of
tbe public service announcement for state-wide use.
Page 2 or 5
Stormwater education resource website at www.cleanwatermn.org. $6,321
Minnesota Water - Let's Keep it Clean makes
stormwater education materials available through the
www.cleanwatermn.org website. There are "Learn" and
"Get Involved" sections ofthe website for the general
public, and a "Tools" section for "MS4s" - cities and
other local units of government required to do
storm water education outreach through their Storm
Water Pollution Plans.
<.\11SN~:S()T:" hAT:'::J.\ . LET'> KEEP IT (:U:.-\!\-
Ch"~n .'..~t~f ;,d pb.f::> 1l1rGllull"llt
The "Tools" section offers publications, presentations, ~..;';:;;"",o''',,,
press releases, ad copy and photographs. Website content
is developed by work team members and edited by Ron
Struss, Water Quality Advisor, Minnesota Department of
Agriculture. The website is managed by the Center for
Environmental Education, Hamline University, on a $6,000 per year contract. It is hosted by ExpertHost
at an annual cost of $321.
The web site receives on average 27 visits per day.
J
Jan Feb Mar Apr May Jun Jul Aug Sep Oet Nov Dee
2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006
Month Number of
visits
Jan 2006 622 801 2901 8902 266.87 MB
Feb 2006 657 828 2320 7630 330.95 MB
Mar 2006 879 1091 3882 12841 713.37 MB
Apr 2006 1118 1411 5159 14629 584.84 MB
May 2006 288 * 316 1321 3567 129.36 MB
Jun 2006 855 1071 4882 12826 619.30 MB
Jul 2006 1081 1305 5551 15078 390.52 MB
Aug 2006 820 1000 4114 11720 399.19 MB
Sep 2006 900 1129 4762 14170 545.91 MB
Oet 2006 1052 1389 4540 15599 586.88 MB
Nav 2006 1061 1360 3885 15010 537.78 MB
Dee 2006 818 1080 3288 11650 448.63 MB
Total 10151 12781 46605 143622 5.42 GB
--~-~--~-
* Data from May 5 to May 29 was not recorded.
Page 3 of 5
2006 Program Budget
Income:
-funds carried over from 2005
Program suppOIi from MS--1-s and corporations
Sale of ' 'Rubber Duckie" DVDs
TOTAL
$ 9.431 I
n 74~56o I
. 100 l
$ 84,031 I
~ -----
--._.-~
I
E
xpenses:
WCCO Radio Ads- 72 ads $ 12,200
Ads in The Scoop, magazine of the Minnesota Nursery and Landscape Association 1,620
WCCO Radio State Fair Bag Flyer: 50.000 distributed 2.537
.------- -
"Rubber Duckie" Cable Television Public Service Announcement - 423 spots 39,997
DistributioD of "Rubber Duckie" DVDs 212
Website URL registration and site hosting by ExpertHost 321
Maintenance ohv..vw.clean..vatermn.org website by Hamline University 6,000
TOTAL $ 62,887
CarrY over:
I Fund~_ car~ied 0'.':1' into 2(~)Q7
c:=- $ 21.144 I
_____.u_____ _._____..._~____".____..~
2006 Program Support
Cities
I
I
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I
$ 500 I
5.000
2,500
3,000
5.000
3,500
1,500
3,000
1,000 I
3,500
10,000 !:
4,500 I
500 I
5,000
1,500
3.000
500 I
I
10,000 I
1,000 I
I
3,000 I
7.000 i
$ 74.50~
Andover. City of
Bloomington, City of
Chanhassen, City of
Columbia Heights, City of (2005 & 2006)
Eagan, City of
Eden Prairie, City of
Farmington, City of
Minnetonka, City of
Saint Cloud. City of
Saint Louis Park, City of
Saint PauL City of
Woodbury, City of
Chisago County
Dakota County
Lower Mississippi River \VyIO
Mississippi vVatershed Management Organization
Pine County Soil & Water Conservation District
Ramsey- Washington Metro Watershed District
Rice Creek Watershed District
Scott Countv
South Washington Watershed District (2005 & 2006)
i
I
L
I Counties and
I \vater .ma~agement
orgal11Zatlons
I
TOTAL
Page 4 of 5
Minnesota JlVater - Let's Keep it Clean was funded in 2003 and 2004 \vjth grants from Metropolitan
Council, Minncsota Office of Environmental Assistance, and Minnesota Pollution Control Agency. 1n
2005 the program transitioned to being supported by local government and corporate funding. In 2005
$45,500 was raised from these sources.
2006 Work Team Members
----. ----- -----...----.,- .----_.---------- ---~---~----- . .---- ---
Pauline Langsdorf Bassett Creek Watershed District
Elizabeth Storey Capitol Region Watershed District
Jerry Spetzman Chisago County :
Kal11eron K)'10nen City of Andover
1- Leslie Stovring City of Eden Prairie i
Jen Collova City of Farmington
Margie Vigoren City of Plymouth
i Anne Weber Citv of St Paul ,
Sharon Doucette City of Woodbury
Trevor Russell Friends of the Mississippi River i
I
Julie Westerlund Minnehaha Watershed District
Jenny Winkelman Mississippi Watershed Organizaton
Dan Mclean MN Pollution Control Agenc)'
Louise Watson Ramsey Washington Metro Watershed District :
1 Rice Creek Watcrshed District
Dawn Dubats
-
Ron Stru"s
_P(iula ~iepold _
I MN Department of Agnculture
LYermillion River WMO / Dakota County
_____._____',_'______ ______ _____n__..___ ___________
Report Preparer and Program Contact
Ron Struss
Water Quality Advisor
Minnesota Department of Agriculture
651-201-6269 / ran .struss(a;state .mll. us
END
Page 5 of 5
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
'7 I
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TO: Mayor, Councilmembers, City Administrator
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Sprucc Street Lighting Maintenance Contract
DATE: July 16,2007
INTRODUCTION/DISCUSSION
Bids were taken on Friday, August 18, 2006, for the lighting portion of the Spruce Street Extension
Project. The project that was awarded included the cost for a 15-year maintenance contract similar to
the City's current arrangement with Xcel Energy in other areas of the downtovvn. Attached for
Council's consideration is the formal contract between the City and Wright Hennepin Response for
the subject streetlight maintenance.
BUDGET IMPACT
The maintenance contract as bid was in the amount of $66,240.00. The total cost associated with the
attached contract over the 15 years is $66,198.60. The costs for the contract will be funded from the
Streetlight/Traffic Signal fund.
ACTION REQUESTED
Approve by motion the attached contract with Wright Hennepin Response for street light
maintenance along the Spruce Street extension.
Respectfully submitted,
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
.11 ResRonse
A Division of Wright-Hennepin Cooperative Electric Association
LIGHTING MAINTENANCE SERVICE CONTRACT
THIS CONTRACT, dated, June 20, 2007, between Wright-Hennepin Response, a Minnesota Electric
Cooperative, hereinafter called" Company," and the City of Farmington, a municipal Corporation in
Dakota County, in the State of Minnesota hereinafter called "Customer," WITNESSES: That the
parties hereto, each in consideration of the agreements of the other, agree as follows:
T E R M SAND CON D I T ION S:
Pursuant to the terms set forth below. Company shall provide street light maintenance service as
set forth in this document to include:
Company will make all non-emergency repairs during normal business hours Monday through
Friday with in 72 hours notice by customer.
. Company agrees to make all emergency repairs within 12 hours of receiving notice. Customer
agrees to pay for all labor costs only to perform emergency services outside normal business
hours. (Emergency service can be requested by calling the companies electric dispatch
center)
. Visual Inspections-according to attached customer maintenance schedule
General Maintenance-according to attached customer maintenance schedule
. Rehabilitation/Replacement -according to attached customer maintenance schedule
Summary Report-according to attached customer maintenance schedule
Winter Construction charges will be charged to repair underground faults between November
15th and March 31't at the effective rate or repairs will be placed on hold until frost is out.
Company has the right to relocate or remove, at customer's expense, an installed streetlight
if streetlight is damaged or knocked down twice In any 12 month period.
Customer agrees to pay for the cost to relocating any portion of the lighting system due to
altering grade, additions to structures, installation of patios, decks, gardens, sidewalks,
curbing, paving, sod, landscaping or any other condition which makes maintenance of the
streetlight system Impractical.
The Customer will purchase and stock one complete lighting unit, including light standard,
fixtures and mast arms. The customer understands that the streetlight unit may take up to
12 weeks to be received from the manufacturer and then installed.
. Damages caused by acts of nature are not covered.
Damages caused by acts of vandalism are not covered
. Customer will be responsible far any damage to lighting system in customer authorized
construction zones in the event the party who caused the damage cannot be identified.
- 1 -
All other repairs and maintenance not listed in the attached Lighting Service Agreement are
excluded from this contract.
. Invoices are due net 30
Customer agrees to provide any information obtained in regards to knockdowns and
vandalized equipment which may be required for insurance compensation purposes
Contract may be re-negotiated after the 15 years period upon mutual consent of customer
and company.
Any attachments to light poles for purposes of city street signs, traffic control signs, and
others must meet manufacturer loading, and National Electric Safety Code standards. Any
damages to poles as a result of any attachment will be repaired by the company and billed to
the customer.
Underground locating services are not included in this maintenance agreement
RATE: Spruce Street Extension-Street lighting
Number of
Luminaries
Monthly Rate
per Luminaries
Designation of Lamp
100 watts HPS Acorn fixtures by Holophane
Lexinqton 15' Columbus style aluminum potes
1 (33 poles) 2 (8 poles) $8.97/month
This contract includes the followinq ornamental street liqhts
Number of
Luminaries
Monthly Rate
per Luminaire
Spruce Street from Denmark to end of phase 1
41
$8.97/month
TERM:
This Contract shall converge on
15 years.
,2007 and shall continue for a period of
PAY MEN T 0 FBI L L S: All bills are payable at Company's office on or
before the thirtieth day succeeding the date bill is rendered. (Service contract
fees will be invoiced on a monthly basis)
Customer
City of Farmington
Wright-Hennepin Response
BY
BY
Title:
Title: Philip J. Glawe
Attest:
Witness as to Customer
Date
Date
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7/)
TO: Mayor, Councilmembers, City Administrator ()
FROM: Kevin Schorzman, P.E., Assistant City Engineer ~
SUBJECT: Adopt Resolution - Riverbend 2nd Addition Development Contract
DATE: July 16, 2007
INTRODUCTION
The Development Contract for Riverbend 2nd Addition IS forwarded herewith for Council's
consideration.
DISCUSSION
The final plat for Riverbend 2nd Addition was approved by the Planning Commission on June 12,
2007 and by the City Council on June 18, 2007. The Riverbend 2nd Addition plat has 27 lots. The
original plat for Riverbend had 23 lots in this same area. The fees collected with the Riverbend 2nd
Addition Development Contract maintain the same assessment per lot as the original assessments
levied as part of the Riverbend Development Contract.
The contract has been drafted in accordance with the conditions placed on the approval of the
Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of
approval for the development contract:
1. the Developer enter into this Agreement; and
2. the Developer provide the necessary security in accordance with the terms of this Agreement; and
3. the Developer record the plat with the County Recorder or Registrar of Titles by December 18,
2007.
BUDGET IMPACT
None.
Riverbend 2nd Addition Development Contract
July 9, 2007
Page 2
ACTION REQUESTED
Adopt the attached resolution approving the execution of the Riverbend 2nd Addition Development
Contract and authorize its signing contingent upon the above conditions and final approval by the
Engineering Division.
~?Zmitted'
Kevin Schorzman, P .E.
Assistant City Engineer
cc: file
RESOLUTION NO. R -07
APPROVE DEVELOPMENT CONTRACT
RIVERBEND 2nd ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 16th day of
July, 2007 at 7:00 P.M.
Members present:
Members absent:
Member introduced and Member seconded the following resolution:
WHEREAS, pursuant to Resolution No. R129-06, the City Council approved the Preliminary Plat of
Riverbend 2nd Addition,
and;
WHEREAS, pursuant to Resolution No. R54-07, the City Council approved the Final Plat of
Riverbend 2nd Addition subject to the following conditions:
1. The Final Plat approval is contingent on the preparation and execution of the Development
Contract and approval of the construction plans for grading, storm water and utilities by the
Engineering Division.
NOW THEREFORE, BE IT RESOLVED THAT:
1.) The Development Contract for the aforementioned subdivision, a copy of which is on file in the
Clerk's office is hereby approved subject to the following conditions:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement;
and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months
after City Council approval of the final plat.
and;
2.) The City hereby accepts the donation of 3.61 acres of Outlots E and H, as described in Section 8 of
the development contract.
3.) The Mayor and City Administrator are hereby authorized and directed to sign such contract.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th
day of July, 2007.
Mayor
Attested to this _ day of July, 2007.
SEAL
City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this 16th day of July, 2007, by, between, and among the City of Farmington, a Minnesota municipal
corporation (CITY) and Mattamy (Minneapolis) Partnership, a Minnesota general partnership (DEVELOPER).
1. ReQuest for Plat Approval. The Developer has asked the City to approve a plat for Riverbend 2nd Addition (also
referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT, which was originally platted as
Block 2, Lots 1-12; Block 7, Lots 12-15; Block 8, Lots 1-5; and Block 9, Lots 1 and 2 of Riverbend (23 lots). The
aforementioned lots have been replatted as Block lA, Lots 1-12; and Block 2A, Lots 1-15 (27 lots)) The land is
situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit
"A":
2. Conditions of Approval. The City hereby approves the plat on the conditions that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council
approval of the final plat.
3. Development Plans and Ri!!:ht to Proceed. The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this Contract, subject to paragraphs 6 and 34G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - Zoning/Development Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone. The installation ofthese utilities shall be constructed
within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and
standard detail plates.
Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or
private improvements or any building until all of the following conditions have been satisfied:
a) This agreement has been fully executed by both parties and filed with the City Clerk,
b) The necessary security has been received by the City,
1
c) The plat has been submitted for recording with the Dakota County Recorder's Office, and
d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a
zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the
adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of
the plat shall be included.
5. Zoninl!lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of
the plat containing the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6. Required Public Improvements. The Developer shall install and pay for the following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f. Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
1. Surveying and Staking
ill. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City Standards,
Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered
professional engineer fumished to the City and reviewed by the City Engineer. Work done not in accordance with the final
plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and
a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies
before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to
assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the
construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's
discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or
part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the
City Council chambers with all parties concerned, including the City staff, to review the program for the construction work.
Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply
the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
All bike trails and sidewalks to be constructed as part of the development, adjacent to developable lots, must be completed
before building permits will be issued. All other trails, sidewalks and parking lots shall be completed by July 1,2008.
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
S505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed.
7. Time of Performance. The Developer shall install all required public utilities, by November 30, 2008, in accordance with
the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time
2
from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of
the contract will coincide with the date of the extension of the security.
8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
All Outlots, except Land M, shall be deeded to the City at the time of signing this Development Contract. As part of the
City's Park Dedication Ordinance, the developer is required to dedicate 6.28 acres of land as reflected in the Development
Contract for Riverbend. Outlot E and Outlot H comprise a total of 9.89 acres. The excess or additional acreage (3.61
acres) of Outlots E and H are being donated by the Developer, and accepted by the City, with no credit or future financial
obligation from the City, by the developer to the City for use as parkland and trails.
9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project
meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements
required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty
period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the
streets shall commence after the final wear course has been completed and the streets have been accepted by the City
Engineer in writing. It is the responsibility of the Developer to request, in writing, City acceptance of the streets. Failure
of the Developer to request acceptance of the streets in a timely manner shall not in any way constitute cause for the
warranty period to be modified from the stipulations set forth above. The warranty period on underground utilities shall
commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the
Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the
utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees
shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is
released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post
maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%)
of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the
warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The
City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities.
10. Gradinl?: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA
Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough
grading may be allowed upon obtaining written authorization from the City Engineer.
If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property
owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has
approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading
can commence on the site.
11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by
the City. The City may impose additional erosion control requirements if it is determined that the methods implemented
are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-
seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the
City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate
to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or
obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within
3
thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control requirements.
The Developer is responsible for Erosion Control inspection fees at the current rates.
12. Landscapine:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished
in accordance with a time schedule approved by the City.
A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the
boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders,
homeowners, etc.
B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility
for the installation of black dirt/topsoil shall not be transferred to homeowners.
C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three
foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a
certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was
constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be
constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built.
All landscaping features, including those constructed within public rights of way, remain the property and
responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's
rights to access and maintain their rights of way.
13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving
shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of
public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been
filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to
approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed.
Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development
of subsequent phases may not proceed until development agreements for such phases are approved by the City.
14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot
layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal
law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's
Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or
dedication requirements enacted after the date of this Agreement and may require submission of a new plat.
15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of$ 108,723 in lieu
of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the
plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at
any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim
that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of $ 37,047 for the plat in
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The
4
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 16,200 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over
a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall
be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to
MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into.
19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 34,917 for the plat
in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid
based upon requirements in effect at the time the Development Contracts for those phases are entered into.
20. Park Development Fee. The Developer shall pay a Park Development Fee of $ 6,428that will be used to pay either for
development of the park located in the development, or if no land is taken for park purposes, in the park closest to the
development. The City shall allow the Developer to either pay the entire park development fee at the time of final plat
filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be
constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of
the final plat.
21. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated
on the plat.
22. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public
improvements by the City. The license shall expire after the public improvements installed pursuant to the Development
Contract have been installed and accepted by the City.
26. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures
shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the
right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street
cleaning costs.
27. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of
all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or
alternative security acceptable to the City Administrator, from a bank (security) for $ 817,300. The bank and form of the
security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording
exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing.
The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least
forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not
completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit,
5
the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation
of this Agreement or Default of the Contract. The amount of the security was calculated as follows:
Grading/Erosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
N/A
$ 112,000
$ 129,500
$ 117,800
$ 348,100
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 6,750
$ 7,500
$ 36,600
$ 6,850
N/A
Two Years Principal and Interest on Assessments $ 52,200
This breakdown is for historical reference; it is not a restriction on the use of the security.
Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in
accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the
City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by
the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations that have been
satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all
improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City Council.
28. Responsibilitv for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in
monitoring and inspecting the construction for the development of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and
development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work
required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of
the claim( s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the
City has the right to draw from the Developers security to pay the bills.
29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all
construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as
otherwise approved by the City Engineer.
6
31. Wetland Buffer and Natural Area Sie:ns. The Developer is responsible for installing Wetland Buffer signs around all
wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's
Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City
Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be
indicated on individual lot surveys prior to the issuance of a building permit for that lot.
32. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative
grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed
during clearing and grubbing operations shall be disposed of off site.
33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by
the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
34. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third
parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and
private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and
wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk
anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only
construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior
to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays
in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access
to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City
Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects
before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will
assure the access of emergency vehicles at all times when such a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued
7
from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the
City incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option,
refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or
has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the
City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence;
limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an
additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance
written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the
City prior to the City signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this
determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the
above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per
occurrence in accordance with paragraph K of this section.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction
of the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds wilI be considered a Developer's Default as
outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 33.
O. Third parties have no recourse against the City under this contract.
8
35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
Mattamy (Minneapolis) Partnership
2100 W. County Road 42
Bumsville, MN 55337
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
Peter J. Herlofsky, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
9
SIGNATURE PAGE
CITY OF FARMINGTON
By:
Kevan A. Soderberg, Mayor
By:
Peter 1. Herlofsky, City Administrator
DEVELOPER:
Mattamy (Minneapolis) Partnership
By:
Its:
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111
10
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this day of , 20 by
Kevan A. Soderberg, Mayor, and by Peter J. Herlofsky, City Administrator, of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of
,20
by
, the
of <DEVELOPER>,
a corporation under the laws of Minnesota, on behalf of the corporation.
Notary Public
11
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1 through lots 22, inclusive, Block 1, Lots 1 through Lots 12 , inclusive, Block 2, Lots 12 through Lots 15, inclusive,
Block 7, Lots 1 through Lots 5, inclusive, Block 9, Lots 1 through Lots 7, inclusive, Block 10, Outlot A, Outlot B, Outlot,
D and Outlot E, RIVERBEND, according to the recorded plat thereof, Dakota County Minnesota.
12
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
LETTER OF EXEMPTION
DAKOTA COUNTY PROPERTY RECORDS
1590 HIGHWAY 55
HASTINGS MN 55033-2392
To Whom It May Concern:
Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as
Exempt Properties.
PARCEL ID# LEGAL DESCRIPTION USE
(wetland, storm water
facility, park or well site)
Please sign letter below and return to me at the address above verifying the exemption status.
Thank you.
Sincerely,
Tracy Geise
Accounting Technician/Special Assessments
Enclosure( s)
Signature
Date
13
EXHIBIT "e"
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Farmington
325 Oak Street
Farmington, MN 55024
Dear Sir or Madam:
We hereby issue, for the account of
of Credit in the amount of $
undersigned bank.
. and in your favor, our Irrevocable Letter
, available to you by your draft drawn on sight on the
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated
(Name of Bank) ";
b) Be signed by the Mayor or City Administrator of the City of Farmington.
c) Be presented for payment at (Address of Bank)
,20_, of
This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above
unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the
Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is
effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the
next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN
55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
[NAME OF BANK]
By:
[name]
Its: [identify official
14
.
DEVELOPMENT CONTRACT
AGREEMENT dated this Jj,fu _~Lqf..!ulx.. 2007 L~Y' _~~t_'Y~c;l),_~!1.<L~!!15!l)g _the;_ ~i.lY.. _qL f_~'E!i.1!g!9_I!'n~ _Mj!1!!e;~9_~nl!!l!!1j~jp_~l ~_-----
corporation (CITY) and.,Mattamx {Minneapolis} Partnership,_l!_Mj!1!1.C;~9.!!l_~eneral p~r.t!1.c;~l1jP_{QgY..~J:,QP..~_~Lnnnnuuuu__<~~'-'
I. Request for Plat Approval. The Developer has asked the City to approve a plat for J{lverbend 2nd Addltlon_{~!~9__ "<
referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT. which was orll!.lnallv platted as _ ..... .
Block 2. Lots 1-12: Block 7. Lots 12-15: Block 8. Lots 1-5: and Block 9. Lots 1 and 2 of Rlverbend (23 lots). The .... ".
aforementioned lots have been replatted as Block IA. Lots 1-12: and Block 2A. Lots 1-15 (27 lots)) The land is .....
situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit
"A":
2. Conditions of Approval. The City hereby approves the plat on the conditions that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council
approval of the final plat.
3.
Development Plans and RIl!.ht to Proceed. The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this Contract, subject to paragraphs 6 and 34G, the plans shall control. The required plans are:
.
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D ._~!1.ing(Q~y'e;lqp!!1_c;l]!}~1~p- __ __ ______ __ _ _ ________________ __ _ __ _____ _ __ ______ __ ___ _____ ___ ____ n___n____ _______------
~::~f~:~~~tgi~{~~:~r[~~:~~~~::~~N~~:g~~Q~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~'"
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone. The installation of these utilities shall be constructed
within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and
standard detail plates.
Within the plat or land to be platted. the Developer may not construct sewer lines, water lines, streets, utilities public or
private improvements or any building until all of the following conditions have been satisfied:
a) This agreement has been fully executed by both parties and filed with the City Clerk,
b) The necessary security has been received by the City,
1
.
Deleted: I"
Deleted: August, 2006
Deleted: <DEVELOPER>
Deleted: corporation
Deleted: <DEVELOPMENT>
Deleted: ).
Deleted: - Park Improvement Plan~
Plan E
Deleted: F
Deleted: G
c) The plat has been submitted for recording with the Dakota County Recorder's Office, and
d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
.4.
Sales Office Reoulrements. 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.
s.
Zonlnl!!DeveloDment MaD. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of
the plat containing the following infonnation:
a. platted property;
b. existing and future roads;
c. future phases; .
d. existing and proposed land uses; and .
e. future ponds. .
6. Required Public ImDrovements. .'!'hC!}?C!Y~)P.P!l!_~~.!I.I)_~'l~!l!!~~_'l~_p_a.xJ~r _thC!J~~1.~~J)IL_____ _ _____ __ ______ ______ __u_ ________ j
a. Sanitary Sewer Lateral System h. Sidewalks and Trails
b. Water System (trunk and lateral) i. Erosion Control, Site Grading and Ponding
c. Stonn Sewer j. Traffic Control Devices
d. Streets k. Setting of Lot & Block Monuments
e. Concrete Curb and Gutter I. Surveying and Staking
f. Street Signs m. Landscaping, Screening, Blvd. Trees
g. Street Lights
The improvements shall be installed in accordance with Plans A throughJ:,ul!'l!U!!-,!,,~~t:~!!"~_~!i!_l!!LI.!I.~s-,_~i!}:_~~_,!~!&~,_j
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 pennits from the Metropolitan Council and other agencies
before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to
assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the
construction work meets the'approved City standards as a condition of City acceptance. In addition, the City may, at the City's
. discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or
part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the
City Council chambers with all parties concerned, including the City staff, to review the program for the construction work.
Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply
the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
::
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I :::: :::::::: :::: ::::::::: :::::::::: ::::::::::::::: :::::: ::::::::: :::::::::::::::::::::::: :::::: :::::: :::::::::::::::::::::::::::::: ::: :::::: ::1
7. .TIme of PerformaDce._J:h~_R~Y~1.~~!_~hl!~I_il)~~)!_l!~1. r!lgl!it:C!9_P_I!~E(; _1!@!iC!~,_~y..November ~Q,,I1008,J!!_l!(;<;P!..<!l!!l-'<C! _~i~~_ L----
the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time ......
If the Developer does not provide such infonnation, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
All bike trails and sidewalks to be constructed as part of the development. adiacent to develoDable lots. must be completed
before building pennits will be issued. All other trails. sidewalks and Darkin!! lots shall be completed bv July I. 2008.
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed.
2
.
Deleted: and <ASSESSED AREA>
Assessments.
Deleted: G
Deleted: <ASSESSED AREA>
Assessments ..
:.
:. Formatted: Justified, Tabs: 0.5",
i' Left
. Formatted
"
Deleted: The parent parcels of
~ <DEVELOPMENT> have been assessed
for improvements to <ASSESSED
AREA>. The total levied assessment
~ amount for the parcels is:1I
Formatted
Formatted: Footer, Left, Tabs: Not
at 0.5"
I Deleted: Parcel Nos. Total amount
l levied, $<ASSESSED AMOUNT>1I
<PARCEl>1I
.. 11
:i A portion of the levied assessment plus
': interest becomes due with the final
platting of <DEVELOPMENT>. The
amount due with <DEVELOPMENT>
will be calculated proportionally based on
the area of <DEVELOPMENT> being
developed in relation to the entire area of
the property. The remaining balance of
the levied assessment shall remain levied
against the unplatted portion of the parent
parceL'
11
The Developer may elect to pay the
assessment in cash at the time of final
plat approval or have it prorated and
reassessed to the lots and blocks of
<DEVELOPMENT>. Ifassessed, the
assessments shall be spread over a 10-
year period with 6.5% interest on the
unpaid balance from the time of the
initial adoption of the assessment to the
parent parcel. The reassessments shall be
deemed adopted on the date this Contract
is signed by the City. The Developer
waives any and all procedural and
substantive objections to the special
assessments, including but not limited to,
hearing requirements and any claim that
the assessments exceed the benefit to the
property. The Developer waives any
appeal rights otherwise available
pursuant to M.S.A. 429.081.1
11
Deleted: September
Deleted: 2004
from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of
the contract will coincide with the date of the extension of the security.
.s.
Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
8.!lOutlots. exceJ2t L.~!l.<!.M...~~.aJL1:'>!U!<;~!I.<;<!.!Q_!~!=_5;;i~JijLt.!!<;.lime QfO!igning this DeveloJ2ment Contract. As Rart of the ._----
City's Park Dedication Ordinance. the developer is reauired to dedicate 6.28 acres ofland as reflected in the Develooment \,.:--..
Contract for Riverbend. Outlot E and Outlot H comprise a total of 9.89 acres. The excess or additional acrea\!:e (3.61 ':':~""
acres) of Out lots E and H are bein\!: donated bv the Develooer. and acceoted bv the City. with no credit or future financial '.:-.
obli\!:ation from the Citv. bv the develooer to the Citv for use as parkland and trails. \.
9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project
meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements
required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty
period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the
streets shall commence after the final wear course has been completed and the streets have been accepted by the City
Engineer in writing. It is the responsibility of the Developer to request, in writing, City acceptance of the streets. Failure
of the Developer to request acceptance of the streets in a timely manner shall not in any way constitute cause for the
warranty period to be modified from the stipulations set forth above. The warranty period on underground utilities shall
commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the
Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the
utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees
shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is
released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post
maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%)
of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the
warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The
City's Engineering Guidelines identifY the procedures for final acceptance of streets and utilities.
.
10. Gradln\!: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan 8.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in confonnance with Plan 8 before the plat is filed if all fees have been paid, a MPCA
Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough
grading may be allowed upon obtaining written authorization from the City Engineer.
If the developer needs to change grading affecting drainage after homeowners are on site. he must notify a/l property
owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has
approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading
can commence on the site.
11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan 8, shall be implemented by the Developer and inspected and approved by
the City. The City may impose additional erosion control requirements if it is determined that the methods implemented
are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-
seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the
City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate
to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or
obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within
3
.
Deleted: A, 0, C, D,
Deleted: E
Deleted: following
Deleted: completion and approval
Deleted: improvements as required
under Plans A-G. 10% of the total
security amount shall be held until the
required outlots are deeded to the City
and the required As-built plans are
submitted and approved. A Letter of
Exemption, attached to this contract as
Exhibit "0", shall be submitted to the
County for each outlot at the time that the
deed for the outlot is filed with the
County.
thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no
. building permits will be issued unless the plat is in full compliance with the erosion control requirements.
.12.
The Developer is responsible for Erosion Control Inspection fees at the current rates. .________________mu__m____mhh_------
LandscaDln2. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished
in accordance with a time schedule approved by the City.
A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the
boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders,
homeowners, etc.
B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility
for the installation of black dirt/topsoil shall not be transferred to homeowners.
C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three
foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a
certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was
constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be
constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built.
All landscaping features, including those constructed within public rights of way, remain the property and
responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's
rights to access and maintain their rights of way.
Deleted: The Developer is also
responsible for a Water Quality
Management Fee of S <WATER
QUALITY MANAGEMENT FEE>
based upon the number of acres in the
plat. This fee is due and payable at the
time of execution of this agreement.
I 13. Phased DeveloDment. The plat shall be developed in one (I) phase in accordance with Plans A -.E._~_q_t:ll!1J:l_!!I~Y!'.'!L------{ Deleted: G.
shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of
public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been
filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to
approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed.
Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development
of subsequent phases may not proceed until development agreements for such phases are approved by the City.
14.
Effect of Subdivision ADDroval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot
layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal
law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's
Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or
dedication requirements enacted after the date of this Agreement and may require submission of a new plat.
.
I 15. Surface Water Mana2ement Fee. The Developer shall pay an area storm water management charge ofSJ08.723 j~Jjt:!L------ Deleted: <SURFACE WATER
of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the MANAGEMENT FEE>
plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at
any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim
that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
16. Wetland Conservation and Mltl2atlon. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
I 17. Water Main Trunk Area Chal"lle. The Developer shall pay a water main trunk area charge ofS.37.047JQr.!~!U'.I_~U~_------
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The
4
.
Deleted: <WATER MAIN TRUNK
AREA CHARGE>
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon ,
requirements in effect at the time the Development Contracts for those phases are entered into..______..____.___..__m_________/
.
I 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $,16.200 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (n~i-~~ii~is)-i~ih~-pi~i-~~;;;..----.
a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall
be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to
MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into.
19.
,.
"
"
"
"
Sanitary Sewer Trunk Area Chall!e. The Developer shall pay a sanitary sewer trunk area charge of$.34.917 fQ~!~_e.J!'_l!t:.l
in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The "
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid :
based upon requirements in effect at the time the Development Contracts for those phases are entered intoLmoooomm____j
20. Park Develonment Fee. I!t_e._I?e;Y~l9~!_~)1_l!'_I_J!l!y_!l_?'!rKR~_".:~!c:>J!I!!~!1!_f_e.e;_c:>f,s 6.428tl!'!!_~i)!.~~_~~_!c:>_J!l!y_~j!~~!.fQ~
development of the park located in the development, or if no land is taken for park purposes, in the park closest to the \
deve lopment. _ -The;. 9..i!y_ _s_~,!!! _l!U~~ _ ~~e;_ R~~e;!l.!~~ _t_~ _ ~!~~~r_ p_a,y _ !~~. ~}!!i!~ .P'!r~_ _<!~Y_e.'_~P!!1~}!! Je;~.!l! _ !~~_ !!I!I~ _ 9.( fl!1.<1.I. J!l.l!t_, \
filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be \ ~
constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of \~
the final plat. __ _ _______ _ _________ _ ________ ____________________________ ____ _______ ___________________________________________00_________, \;
.~~ ~___ _.___ ___ ________ _____ _._ _____ _ _____ ___ ._______ __ _ __ ____ ________ __ ___ __ _.__ ________ ----- ------ --- ----- ----- - ------ ---------.--------. ---- \ \ S
21. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated \ \ ~,~
on the plat. \ \:\\\
~ h~~\
I 22. 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 \ i \\\
Contract have been installed and accepted by the City. \ li \\
\:\~ r
~ S~; \
\\\;
\i\~
\ ~\ ~~
\~\ r
\~\ .
."
\~\
\S~
\~
\;
\~
"
\
.
26.
Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures
shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the
right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street
cleaning costs.
27.
Securltv. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of
all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or
alternative security acceptable to the City Administrator, from a bank (security) for $~ The bank and form of the
security shall be subject to the approval of the City Administrator. Letters of Credit shall be -i~-tJie-fomiiii-ari(iwo;dirig\
exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. \.
The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least ...
forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not ....
completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, ....
5
.
Deleted: A credit ofS<TRUNK
WATER MAIN CREDIl> will be given
to the Developer for Water Main Trunk
oversizing within the plat. The net result
is that the Water Main Trunk Area
Charge to be paid with this plat is
S<ADJUSTED WATER MAIN TRUNK
AREA CHARGE>.
Deleted: <WATER TREATMENT
PLANT FEE>
Deleted: <SANITARY SEWER
TRUNK AREA CHARGE>
Formatted: Bullets and Numbering
Deleted: 1
,
Park Dedication. The Developer shall
be required to dedicate <PARK
ACREAGE> acres ofland for park
purposes. This park land shall be
improved in accordance with the
approved Park Improvement plan and the
City's Engineering Guidelines. The
Developer shall pay the City S <PARK
DEDICATION> as cash in lieu ofland
in satisfaction of the City's park
dedication requirements for the plat. The
park dedication fee shall be assessed
against the lots (oot outlots) io the plat
over a ten (10) year period with interest
on the unpaid balance calculated at five
percent (5%) per annum. The assessment
shall be deemed adopted on the date this
Agreement is signed by the City. The
assessments may be assumed or prepaid
at any time. The Developer waives any
and all procedural and substantive
objections to the assessments including
any claim that the assessments exceed the
benefit to the property. The Developer
waives any appeal rights otherwise
.' available pursuant to MSA 429.0cm
"
~~ Formatted: Font: Not Bold
.' Deleted: S<PARK DEVELOPMENT
~~ FEE>
"
.' Formatted: Bullets and Numbering
.'
~ Formatted: Underline
Deleted: The park to which the Park
\ Development Fee for CI21
\\ <DEVELOPMENT> shall be
"
\ Formatted: Font: Not Italic
\ Deleted: A credit ofS<PARK
\ DEVELOPMENT CREDIl> will be
\ given to the Developer for park aCili
" Deleted: ,
" <#>Sealcoatl02. The Developer agrees
"
.' to pay a fee ofS <SEALCOA TICw
.'
\'
.' Formatted: Font: Bold
\
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: <SECURITY>.
the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation
of this Agreement or Default of the Contract. The amount ofthe security was calculated as follows:
~
Grading/Erosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
~2.000umum__-_um~:fY~~~~i~~------_-------m{~:~~~ _______muumu~<:~~ =~~: Font: Bokl
$ 129.500 Blvd. Trees $ 36.600
$ 117.800 Blvd. Sodding $ 6.850
$ 348.100 Wetland Mitigation ~mummummm_------{ Deleted: $
Two Years Principal and Interest on Assessments $.52.200 mumuuu___________um__u______muum_mmm_muu_u_------f ~~~~~RlNCIPAL &
This breakdown is for historical reference; it is not a restriction on the use of the security.
Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in
accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the
City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by
the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations that have been
satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all
improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City Council.
28. Resoonslbllltv for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in
monitoring and inspecting the construction for the development of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and
development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's fees.
.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work
required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of
the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the
City has the right to draw from the Developers security to pay the bills.
29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all
construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as
otherwise approved by the City Engineer.
6
.
31. Wetland Buffer and Natural Area Si!!ns. The Developer is responsible for installing Wetland Buffer signs around all
wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's
Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City
Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be
indicated on individual lot surveys prior to the issuance of a building permit for that lot.
32. Existin!! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative
grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed
during clearing and grubbing operations shall be disposed of off site.
33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by
the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may. in addition to its other remedies, assess the cost in whole or in part.
34. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third
parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and
private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and
wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk
anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only
construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior
to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays
in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access
to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City
Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects
before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will
assure the access of emergency vehicles at all times when such a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and
that an environmental impact statement is not required. However. if the City or another governmental entity or agency
determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued
7
/Tom said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the
City incurs in assisting in the preparation ofthe review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option,
refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or
has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the
City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence;
limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an
additional named insured on said pol icy, the insurance certificate shall provide that the City must be given 10 days advance
written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the
City prior to the City signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this
determination may be made without notice to the Developer. lt is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the
above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per
occurrence in accordance with paragraph K of this section.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction
of the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 33.
O. Third parties have no recourse against the City under this contract.
8
35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
~I
o
,Mattamy {MinneaQ.2lis} Partnership mmn_______mm_________mmm_______mn_-.-..-{ Deleted: <DEVELOPER>1
2100 W. Countv Road 42
Bumsville. MN 55337
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
Peter J. Herlofsky, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
o
9
o
SIGNATURE PAGE
o CITY OF FARMINGTON
By:
Kevan A. Soderberg, Mayor
By:
Peter J. Herlofsky, City Administrator
DEVELOPER:
J$;ami Inco orated .,...,{ Deleted: <DEVELOPER>'Ij
!P _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ n _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.'
By:
Its:
DOrafted by:
City of Fannington
325 Oak Street
Fannington, Minnesota 55024
(651) 463-7111
10
o
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this _ day of , 20 by
Kevan A. Soderberg, Mayor, and by David M. Urbia, City Administrator, of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of
,20_by
, the
of <DEVELOPER>,
a corporation under the laws of Minnesota, on behalf of the corporation.
Notary Public
11
,
EXHIBIT "A"
LEGAL DESCRIPTION
o Lots I throu!!h lots 22. Inclusive. Block I. Lots I throu!!h Lots 12 . Inclusive. Block 2. Lots 12 throu!!h Lots 15. Inclusive. +-m.._{ Formatted: Left
I Block 7. Lots I throul!h Lots 5. Inclusive. Block 9. Lots I throul!h Lots 7. Inclusive. Block 10. Outlot A. Outlot B. Outlot.
D and Outlot E. RIVERBEND. accordln!! to the recorded Dlat thereof. Dakota Countv Minnesota.
o
12
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
LETTER OF EXEMPTION
DAKOTA COUNTY PROPERTY RECORDS
1590 HIGHWAY 55
HASTINGS MN 55033-2392
To Whom It May Concern:
Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as
Exempt Properties.
PARCEL ID# LEGAL DESCRIPTION USE
(wetland, storm water
facility, park or well site)
Please sign letter below and return to me at the address above verifying the exemption status.
Thank you.
Sincerely,
Tracy Geise
Accounting Technician/Special Assessments
Enclosure(s)
Signature
Date
13
EXHIBIT "C"
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Farmington
325 Oak Street
Farmington, MN 55024
Dear Sir or Madam:
We hereby issue, for the account of
of Credit in the amount of $
undersigned bank.
. and in your favor, our Irrevocable Letter
, available to you by your draft drawn on sight on the
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated
(Name of Bank) ".
b) Be signed by the Mayor or City Administrator of the City of Farmington.
c) Be presented for payment at (Address of Bank)
, 20_, of
This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above
unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the
Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is
effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the
next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN
55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
[NAME OF BANK]
By:
[name]
Its: [identify official
14
.
Page 5: [1] Deleted
Comparison
7/11/20079:52 AM
.
Park Dedication. The Developer shall be required to dedicate <PARK ACREAGE>
acres of land for park purposes. This park land shall be improved in accordance with
the approved Park Improvement plan and the City's Engineering Guidelines. The
Developer shall pay the City $ <PARK DEDICATION> as cash in lieu ofland in
satisfaction of the City's park dedication requirements for the plat. The park
dedication fee shall be assessed against the lots (not outlots) in the plat over a ten
(10) year period with interest on the unpaid balance calculated at five percent (5%)
per annum. The assessment shall be deemed adopted on the date this Agreement is
signed by the City. The assessments may be assumed or prepaid at any time. The
Developer waives any and all procedural and substantive objections to the
assessments including any claim that the assessments exceed the benefit to the
property. The Developer waives any appeal rights otherwise available pursuant to
MSA 429.081. The park dedication fees for subsequent phases shall be calculated
and paid based upon requirements in effect at the time the Development Contracts
for those phases are entered int
Page 5: [2] Deleted Comparison 7/11/20079:52 AM
The park to which the Park Development Fee for <DEVELOPMENT> shall be
credited/coded to is the <PARK NAME> (<BUDGET NUMBER>).
Page 5: [3] Deleted Comparison 7/11/20079:52 AM
A credit of $<PARK DEVELOPMENT eRED]1> will be given to the Developer for
park and trail improvements within the plat. The net result is that the Park
Development Fee to be paid with this plat is $<A.DJUSTED PARK
DEVELOPMENT FEE>.
Page 5: [4] Deleted
Comparison
7/11/20079:52 AM
Sealcoatine:. The Developer agrees to pay a fee of $ <SEALCOATING> for initial
sea1coating of streets in the subdivision. This fee shall be deposited in the City Road and
Bridge Fund upon execution of this Agreement.
GIS Fees. The Developer is responsible for a Geographic Information System fee of
$ <GIS FEE> based upon the acreage or number of lots within the subdivision. This
fee shall be due and payable upon execution of this Agreement
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor and Councilmembers
FROM: Peter J. Herlofsky
City Administrator
SUBJECT: Supplemental Agenda
DATE: July 16, 2007
It is requested the July 16, 2007 agenda be amended as follows:
AWARD OF CONTRACT
9a) Elm Street Lighting - Engineering
The low bidder was Quality Underground Services and Wright-Hennepin Electric in the
amount of$199,406.31.
R ubmitted
?CL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor, Councilmembers, City Administrat~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Award Contract - Elm Street Lighting
DATE: July 16,2007
INTRODUCTIONIDISCUSSION
Bids for the Elm Street Lighting project were taken on Thursday, July 12, 2007. Two bids were
received as shown on the attached bid summary.
BUDGET IMPACT
The low bidder on the project was Quality Underground Services and Wright-Hennepin Electric with
a base bid of $199,406.31, which is less than the engineer's estimate of $304,920.00. The project will
be funded as outlined in previous communications and the Finance Director has confirmed the City's
ability to complete the project based on the low bid received.
ACTION REQUESTED
Adopt the attached resolution accepting the base bid of Quality Underground Services and Wright-
Hennepin Electric of $199,406.31 and awarding the project.
Respectfully submitted,
>dYh~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
RESOLUTION NO. R -07
AWARD BIDS FOR PROJECT NO. 06-13
ELM STREET LIGHTING
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 July,
2007 at 7:00 p.m.
Members present:
Members absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, pursuant to an advertisement for bids for the Elm Street Lighting Project, bids were
received, opened and tabulated according to law, and the following bids were received
complying with the advertisement from firms determined to be responsible and competent for the
Project:
Contractor
Low Quality Underground Services and Wright-Hennepin Electric
#2 Killmer Electric Company
; and,
Bid Amount
$199,406.31
$298,342.50
WHEREAS, the firms of Quality Underground Services and Wright-Hennepin Electric are the
lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED that:
1. The bid of Quality Underground Services and Wright-Hennepin Electric in the amount of
$199,406.31, is hereby accepted and awarded and the Mayor and Clerk are hereby
authorized and directed to enter into a contract therefore.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
16th day of July 2007.
Mayor
Attested to the
day of July, 2007.
City Administrator
SEAL
2335 Highway 36 W
51. Paul. MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
# Bonestroo
July 13, 2007
Honorable Mayor and City Council
City of Farmington
325 Oak St
Farmington, MN 55024-1374
Re: Elm Street Lighting Project
Project No. 000141-06266-1
Bid Results
Dear Honorable Mayor and City Council:
Bids were opened for the Project stated above on Thursday, July 12, 2007. Transmitted herewith is a copy of
the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder.
There were a total of two Bids. The following summarizes the results of the Bids received:
Contractor
Low Quality Underground Services and Wright-
Hennepin Electric
#2 Killmer Electric Company
Bid Amount
$199,406.31
$298,342.50
The low Bidders on the Project were Quality Underground Services and Wright-Hennepin Electric with a Base
Bid of $199,406.31. This was significantly lower than the Engineer's Estimate of $304,920 due to the highly
competitive nature of the industry at this time. These Bids have been reviewed and found to be in order.
If the City Council wishes to award the Project to the low Bidders, then Quality Underground Services and
Wright-Hennepin Electric should be awarded the Project on their Base Bid Amount of $199,406.31.
Should you have any questions, please feel free to contact me at (651) 604-4787.
Sincerely,
B~~~
Daniel A. Fick, P.E.
Enclosure
51. Paul
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
) Oee....
TO:
Mayor, Council Members, (J
City Administrator \.!l
FROM:
Tony Wippler
Assistant City Planner
SUBJECT:
Adopt Resolution Approving an Amendment to the Farmington Business Park
PUD Agreement as it pertains to the design standards for screening
DATE:
July 16, 2007
INTRODUCTION
The City entered into a Planned Unit Development [PUD] Agreement with Colin Garvey on March 7,
2005 as part of the overall development plan for the Farmington Business Park. The Agreement is
attached as Exhibit "A". Approved as part of the PUD Agreement were certain design standards,
. including screening, that all new construction within the Business Park would have to meet.
The current language within the Design Standards regarding screening for storage areas is as follows:
(F) Screening:
1. Storage Areas: Without prior approval of the city, no outside storage areas shall be
allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse
containers or like equipment be kept in the open or exposed to public view or view from
adjacent buildings. If outside storage is given city approval, all materials and or
containers and equipment shall be screened from view. Required screening shall include:
a) a six (6') to eight foot (8') high opaque woodenfence and landscaping; b)landscaping
and berms; or c)a combination of both to fully screen the outdoor storage.
DISCUSSION
June 12, 2007 Planning Commission Meeting
.
At the June 12,2007 regular Planning Commission meeting the Commission reviewed a sketch plan
for a potential construction project within the Business Park. The proposal included an area marked
as "Outside Vehicle Storage" which if allowed by the Planning Commission would require opaque
screening in the form of a wooden fence.
A question arose during the sketch plan review regarding the necessity of installing only wooden
fencing to meet the 100 percent opaque screening requirement. There are a number of ways in which
to make other fencing, such as chain link fencing, opaque whether it is by utilizing slats or a mesh
covering. The question was brought up due in large part to the long term maintenance that is required
with wood fencing versus chain linle The Planning Commission instructed staff to review the
standards identified above and come back at the July meeting with a proposed amendment to the
PUD Agreement.
July 10, 2007 Planning Commission Meeting
A public hearing was held after the required notice to amend the above-mentioned PUD Agreement.
Staff suggested that the section of the design standards previously mentioned be modified as follows,
the proposed changes are underlined:
(F) Screening:
1. Storage Areas: Without prior approval of the city, no outside storage areas shall be
allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse
containers or like equipment be kept in the open or exposed to public view or view from
adjacent buildings. If outside storage is given city approval, all materials and or
containers and equipment shall be screened from view. Required screening shall include:
a) a six (6') to eight foot (8') high opaque wooden or chain link fence and landscaping. If
chain link fencing is desired. slats and or mesh that consist of the earth tone colors of tan.
brown or green hues shall be installed on the fence to create 100% opacity.
The Planning Commission voted 4-0 to recommend approval of the amendment.
ACTION REQUESTED
Approve the attached Resolution approving the amendment to the Farmington Business Park PUD
Design Standards as described above.
Respectfully submitted,
~[~
Tony Wippler, Assistant City Planner
Cc: Colin Garvey
RESOLUTION NO.
AMENDING THE FARMINGTON BUSINESS PARK PUD AGREEMENT AS
IT PERTAINS TO THE DESIGN STANDARDS FOR SCREENING
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 July, 2007 at 7:00 P.M.
Members Present:
Members Absent:
Member ~ introduced and Member _ seconded the following:
WHEREAS, The City entered into a Planned Unit Development [PUD] Agreement with the Developer of
the Farmington Business Park on March 7, 2005 after review of the Agreement by the Planning
Commission and City Council.
WHEREAS; Within the PUD Agreement are specific design standards, including screening, that require a
six (6') to eight foot (8') high opaque wooden fence and landscaping; landscaping and berms; or a
combination of both for storage areas.
WHEREAS, a public hearing of the Planning Commission was held on the 10th day of July, 2007 after
notice of the same was published in the official newspaper of the City and notice sent to surrounding
property owners, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the
Farmington Business Park PUD Design Standards, Letter F( 1) as follows, all additions are underlined:
(F) Screening:
1. Storage Areas: Without prior approval of the city, no outside storage areas shall be allowed
nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like
equipment be kept in the open or exposed to public view or view from adjacent buildings. If
outside storage is given city approval, all materials and or containers and equipment shall be
screened from view. Required screening shall include: a) a six (6') to eight foot (8') high
opaque wooden or chain link fence and landscaping. If chain link fencing is desired. slats
and or mesh that consist of the earth tone colors of tan. brown or green hues shall be installed
on the fence to create 100% opacity.
This resolution adopted by recorded vote of the Fannmgton City Council in open session on the 16th day of
July 2007.
Mayor
Attested to the _ day of July, 2007.
City Administrator
ex', If
PLA...'\:\'ID l-~]T DEVELOP)tE:\"T AGREE'IE:'\T
AGREE:\.IE:\T dated .\Iarch ", 2005, by and between the CITY OF F.-\R.'[]~GTO:\'. a
.\.finnesota municipal corporation (referred to herein as "City"), and Colin Garvey (referred to
herein as "De\"eloper").
RECITALS
A. Deyeloper ov.ns property situated in the County of Dakota, State of :\finnesota,
and legally described on the anached Exhibit "A" (referred to herein as "Subject Property").
B. De.....eloper has asked the City to approye a planned unit deye10pment for the
Subject Property (also referred to in this Agreement as the "peD").
c. Developer desires to haye the Subject Property rezoned from A-I (Agriculture) to
B-3 (Heayy Business) Planned enit De\e1opment.
D. Developer has applied for a preliminary and fma1 plat of the Subject Property.
~ow, THEREFORE, the parties agree as follows:
1. Conditions of Appronl. The City hereby approves a rezoning of the Subject
Property to B-3 Pl-TI subject to the conditions set forth in this Agreement, on condition that
98:8:
DC''l.C'krcr ('fiter,,- \;1:0 [:1l5 -\:::re~mcn1. d~ \\di :.15 ::1'; relatc-d D'':',c10rr:1en: _-\~:-C'(nc:lt c:at.:J
.-; ,..' '-7 rL~ -=:l ~~CC c:
~
construction and installation of public improwments to SetTe the Subject Property.
. detailing a de'\. elopment plan tor the Subject Property ,l1cluding the
3. Effect of Planned roit DeHlopment Approval. For t'I.\'o (21 years from the date
of this .-\.greemenL no amendments to the City's Comprehensi\-e Plan or official controls shall
apply to or alTect the use, de\elopment density, Jot size. lot layout. or dedications of the
denlopment unless required by state or federal Jaw or agreed to in 'I.\Titing by the City and
Developer. Thereafter, no!\vithstanding an!1mng in this document to the contrary, subject to non-
conforming use rights the City may require compliance ,vith any amendments to the City's
Comprehensi\"e Plan. Zoning Ordinance. official controls, platting or dedication requirements
enacted after the date of this document.
-4. Plans. The City grants appro\"al to the de\"elopment of the peD in accordance
with the following plans \.\mch are on file at Famlington City Hall. The plans are not attached
hereto. If the plans \"ary from the \.\Tinen terms oftms Agreement, the written terms shall
control. The plans are:
Preliminary and Final Plat
Grading and Drainage Plan
Topographic Survey
Dility Plan
"S:82
2
:'. Zoning. Except J.S othcrWlse 1~10Jlticd by :h:s .-\:;rc;:mc::r,t, the la:1J 'be. ~esi,,;n
and other requirements and standards of the B-3 zoning district shall apply to the Subject
Propeny with the follo\'\-ing exceptions:
. PermiUed Cses to be Added: Restaurants, Class II
. .\{inimum Lot Si::e vt,'ould Changefrom 5,000 Square Feet lO I Acre
. The minimum setback requirement would change from 0 feet to 20 feer
. The max:imum lot coverage would change from 35'?:] to 450'9 for mini-storage facilities
only
. Delete sexually oriented business-accessory use
6. Compliance witb Permit and Licenses. It is the responsibility of the Deyeloper
to obtain and comply \,,'ith all necessary approvals, permits, and licenses from the City of
Farmington, Dakota County. the To\\'n of Castle Rock, ~linnesota Pollution Control Agency,
:\linnesota Department of Health, and any other regulatory agency affected by or haying
jurisdiction over the site. :\.11 costs incurred to obtain said approvals, permits, and licenses shall
be the responsibili ty of the Developer.
7. Compliance with Laws and Regulations. Deye10per represents to the City that
the proposed dewJopment complies with all applicable City, County, ~1etropolitan. State. and
Federallavis and regulations, including but not limited to the Farmington City Code, planned
unit de\"elopmem ordinance, subdivision ordinances. zoning ordinances, and environmental
regulations in effe~t during the course of this denlopment or Agreement, and agrees to comply
with such Jaws and regulations.
8. Enforcement. Developer shall reimburse the City for costs incurred in the
enforcement of this Agreement. including reasonable engineering and anomey's fees. Developer
98:382
3hal1 pay '.11 ful1 .3.11 ::'1[;3 3'JamiueJ ',0 i: by ~h.; C llY \\nl".in si,.:y I t>'-" Jayo J.:ler ~-e(eip:. 3,1 i ~ :1\)t
paid \,ithin sixty i6()) days shall be subject to an eight percent (So 0) per annum interest charge.
9. ~liscellaneous.
.\. Breach of any material teml of this .-\greement by Deyeloper shall be
grounds for denial of building pennits.
B. If any material portion. section, subsection, sentence, clause, paragraph, or
phrase of this Planned emt Deyelopment Agreement is for any reason held 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 yoid and appro\-al of the final plarmed unit denlopment shall thereby
be reyoked.
C. The action or inaction of any party shall not constitute a \'.;aiver or
amendment to the provisions of this Agreement. To be binding. amendments or waivers shall be
in writing, signed by the parties, and approyed by \vritten resolution of the City Council. The
City's failure to promptly take legal action to enforce this Agreement after expiration of time in
which the work is to be completed shall not be a waiver or release.
D. This .-\greement shall run \,,'itb 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 otherv.-ise specified herein, De\'e10per shall pay all costs
incurred by them or the City in conjunction \\'ith the development of the Pl. 'D, including but not
linlited to Soil and Water Conserntion District Charges, legaL planning, engineering and
9~.:8;:
i:lspcceon e\penses ir,cL:n'eJ :n ':011ncc1.ioo ',vit:1 J.ppn)\ a~ a;1d 3CCep1.iO-:c- "f t~e pl:l:. :he
preparation of this .-\greement.
H. Each right. po,-ver or remedy herein conferred upon the City is cumulati\e
and in addition to e\-ery other right. po\ver 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 othef\"l;ise so existing may be exercised from time to
time as often and in such order as may be deemed expediem by the City and shall not be a \\-aiver
of the right to exercise at any time thereafter any other right. pO\l.;er or remedy.
1. The "Farmington Business Park Design Standards" anached hereto as
Exhibit B shall apply to all new construction that occurs on the property legally described on
Exhibit A.
10. ~ otices. Required notices to De\'eloper ~hall- be. m"wio&ting; a.nd.shall be either
. H?' .~. ". -, ,-
hand-delivered to Developer, its employees or agents, cfr mailt~~'tb.C~liri G~::,'~y by registered
., .
mail at the following address: 22098 Canton Court, Farmington. =,-'0: 55024~ ~otices to the City
shall be in \\TIting 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, 325 Oak Street, Farmington, ='-1innesota 55024.
^~
,1,,/
i v {/
BY:k -~
Its: '
,.
9~:33:
STA.1E OF \II'\'\ESOT.-\
( ::;5.
COC":\TY OF D_-\KOT.-\
The foregoing instrument ,..as acknowledged before me this ,..;23'-~ay of
)--Y'7 ~ ' :oc5. bv Ke\'an Soderbere and David \1. Crbia. the \1a\'or and Citv
.-\dmi' . s rator of the City of Fa~1ington, a \1innes~ta municipal corporation, on behalf of th~
corporation and pursuant to the authority granted by its City Council.
. CYNTHIA A. MUllER
. :rC:;=-~r~~~.;:~o C~4d~ 0~. l~~
'\otary Public
STATE OF :\{L\;..cSOTA
COl ~TY OF J)rLk i.. h
)
( ss.
1
'1 The foregOinginstru. ;nent \....as acknowledged before me this z-t:n:a)~ of
'f)r,(t() " ,20C'?, by (l~(j\ Q1t;~lJ;-'-tf ' the ~rl~ib.rt- of
(-:"I/Ud-t) I(;)(..k- [).tu.JUJniJJ; a ('AhfJHtLf-1C-yr- , on behalf of said
/ i ' I
{ ~ptnt1 1-1 MI .
SUSAN J. Ml.LER
NOTARY PU".. MINNESOTA
My CommiSSiOn Ex;in!s 01.31 -2010
~1 Yl' ';7
~~v.uUt ( ;,' &!r..~
'-.,./ /
~otary Public
TIllS ['\STRL\'fE~T \VAS DR-\FTED BY:
C~1PBELL K.'''-l. lSO~
Professional.-l.ssociation
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, \1):' 55121
Telephone: (651) 452-5000
[JJJ]
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f..\.R.'ll:"GTO~ BCSr\TSS PARK DESIG:" ST.-\:\DARDS
(.\iBuilding \[aterial And Design:
1. Exterior Walls facing Tnmk Highway 50 on Block L Lot 1 shall consist entirely (10000) of
one or more of the follo\\-ing materials and shall recei\'e prior appronl of the city:
(a) Brick: Size, type. texture. color and placement shall be approved.
(b) Stone: Stone shall haye a weathered face or shall be polished. tluted or broken face.
(c) Concrete \'lasonry Block: Concrete masonry block shall be those generally described as
"customized architecrural concrete masonry units" or shall be broken faced brick type units
with marble aggregate. All concrete masonry units shall be coated with a city approved
coaling. There shall be no exposed concrete block on the exterior of any building unless
approved by the city.
(d) Concrete: Concrete may be poured in place, tilt up or precast; and shall be finished in stone,
textured or coated, with a minimum life expectancy often (10) years.
2. Exterior Walls (other than those referred to in Paragraph;:;:l above) shall consist of at least
50% of one or more of the following materials and shall receive prior appro\'al of the city:
(a) Brick: Size, type, texture, color and placement shall be approved.
(b) Stone: Stone shall have a weathered face or shall be polished, fluted or broken face.
Ie) Concrete \1asonry Block: Concrele 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 with a city approved
coating. There shall be no exposed concrete block on the exterior of any building unless
appro\'ed by the city.
(d) Concrete: Concrete may be poured in place, tilt up or precast; and shall be finished in stone,
textured or coated, Wilh a minimum life expectancy of ten ~ 1 0) years.
Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not
to exceed 50% of an exterior \\-all for buildings if the fol1o\,';lng conditions apply:
(a) The proposed alternate materials are architecturally compatible with the building as a whole
as determined by the city planning di\Oision; and
(b) The owner de....eloper complies \\"ith any additional screening and or landscaping
requirements of the city.
3. Alterations To Buildings: o..\ny alterations to buildings shall meet all requirements of this
chapter.
-+ CJil('PICS: Cat~ori~5 ',\ i:h ',iSll--k \\.111 han~ers ~hJ:1 :10: be 1'cm~it'.ed. D.:si:p1 of C3:1<."':'125 s:'Ji:
be in keeping \\i:h the desig:n (',f!he buIlding and shall ~le appro\'ed by lhe city prior to
construction or alteration.
5. Roof\Iounted Equipment: .-\11 rooftop equipment shall be set back a minimum oft"^'enty feet
(20') from the edge of the roof and shall be screened. Screening shall consi st of either a parapet
wall along the roof edge or an opaque screen constructed of the same material as the building's
primary \'ertica1 exposed exterior finish. Equipment shall be painted a neutral color. The site plan
shall indicate all mechanical rooftop equipment and shall include eleyations.
6. 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 loading dock areas shall be landscaped and or screened so that the .....isual 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'). The architectural design shall be continuous and uninterrupted by ladders, towers,
fences, and equipment. Businesses that abut Trunk Highway 50 shall not construct loading docks
that front this roadway.
I. Trash Containers: Trash containers or trash compactors shall not be located ",ithin 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.
8. Coverage: Cnless otherwise approved by the city, the square footage of all building footprints
and parking areas shall not exceed sixty fixe percent (650 (>) of the total square footage of any
building site within the affected property. \lini-storage uses shall not exceed seventy-five
percent C50(.) of the total square footage of any building site within the affected property.
(B)Ctilities: All buildings and structures shall be serwd by underground utility distribution facilities.
The installation of such utilities shall not change the grade or contour of the city appro\"ed
grading plan for the site.
(CIBuilding Setbacks: "\'0 building or other structure shall be erected \vithin 20 feet of the front
property line; or 10 feet of the side and rear property lines. If two (2) or more lots are developed
as one site, the interior conunon lot line shall be ignored.
(D)Parking Areas:
1. Surfacing: Prior to issuance of a certificate of occupancy, all parking areas. dri\eways 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 adjacent to street rights of\\'ay shall be curbed.
2. Off Street Parking Spaces Required: Off street parking shall be provided to sef\'e each site. The
minimum number of parking spac es shall be the greater of:
(,3.1 One sp3.ce :~'r e\er:- si" :1CmL~red I oj-I\/I squ;lr.:- I-eel cl :nJ'.lstri,;1 sl'ace:: .ind
One space for e\'ery twO hundred (201)) square feet of office space: and
One space for each t\\"o thousand (2.000) square feet of storage area
or
(b) One space per projected employee per shift.
3. Screening: All parking areas shall be screened as required in subsection (F) of this section.
4. Location: Parking shall not be permined \vithin ten feet (10') of the front property line (those
facing any dedicated street), or within ten feet (10') of any side or rear propeny line unless
othef\yise approved by the city.
~E)Landscaping: All open spaces shall be dustpraofed, surfaced, landscaped. rackscaped ar devoted
to 1a\\ns. ~ot less than m'o-thirds 123) of the required building setback area from any dedicated
street shall be landscaped with lawns, trees, shrubs and \valkways of a design approved by the
city planning di",'ision. Landscaping shall be installed within ninety (90) days of occupancy or
substantial completion of building, whichever occurs first, weather permitting.
The following landscape standards shall apply to all proposed projects \\-ithin the overlay zones:
1. Street Trees: Street trees shall be planted at one canopy tree per forty feet (40') of street
frontage.
2. Perimeter Parking Lots: One tree and three (3) shrubs per forty feet (40') of parking lot
perimeter frontage. Plants are to be installed within ten feet (10') of the parking lot frontage
area.
3. Interior Parking Lots: One planting island per twenty (20) parking spaces. One tree and three
(3) shrubs are required within each planting island. The planting island shall be curbed with
concrete.
4. ButTer Area: When the industrial district is adjacent to a residential district, a t\\--enty five
foot (25') buffer is required and shall include a six foot 16') high wooden fence and landscaping
to screen the adjacent property.
(F)Screening:
1. Storage Areas: \Vithout prior approval of the city, no outside storage areas shall be allov;ed nor
shall any articles, goods, materials, incinerators, storage tanks. refuse containers or like
equipment be kept in the open or exposed to public view or vie\'..- from adjacent buildings. If
outside storage is gi,-en city approval, all materials and or containers and equipment shall be
screened from view. Required screening shall include: a) a six (6'1 to eight foot (8') high opaque
'\0('JcI11tO'1jCC and ,ar.d3cJ.p]r,~: ~113_ndscap~n:; dr:~ ')crn',~: C'r (I J c':1mhirJ:~('11 Of~,)L;1 T,:' --li'l:-
screen the outdoor storage.
1. Structure: ~o accessory structures (including, but not limited to. water lO\\erS, storage larns
processing equipment, cooling towers) or outside equipment shall be constructed. erected or
placed on the affected property without prior approval of the city. If such approval is granted.
such structures shall be screened from public \'iew and the Yle"" of adjacent buildings in a manner
appro'ed by the city planning division.
(G)Signs: All signs shall be of a design and material appro\-ed by the city planning division. l"nless
otherwise appro.....ed, wall signs must be attached to the building, and be parallel to and contiguous
with its walls and not projecting above its rootline. -:\0 sign of a !lashing or moving character
shall be installed and no sign shall be painted on any building ,"all. Pole signs will not be
allowed- Advertising billboards are not allowed within the o"ertay lone. (General guidelines for
signage available through the city planner.)
(H)~laintenance:
1. Owners and occupants of any or an of a site haye the duty and responsibility, at their sole cost
and expense, to keep the site. including buildings. improyements and grounds, well maintained,
safe, clean and aesthetically pleasing. Such maintenance includes. but is not limited to, the
following:
(al Prompt remonl of all1itter. trash. refuse and wastes.
(b) Provide such care as required to maintain all vegetation in a healthy and aesthetically
pleasing appearance.
(c) ~1aintain exterior lighting and mechanical facilities in good working order.
(d) ~laintain parking areas. driyeways and roads in good repair.
(e) Prompt repair of any exterior damage to any buildings and impronments.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/0-6
TO:
Mayor, Councilmembers aud City Administrator (]
Brenda Wendlandt, Human Resources Director \g
FROM:
SUBJECT:
Public Works Transitional Plan
DATE:
July 16, 2007
INTRODUCTION
This memorandum is to provide an outline of the transition plan for Public Works in preparation for
Mr. Mann's departure from his role as Director of Public Works/City Engineer.
DISCUSSION
Currently, the City contracts with Bonestroo Engineering to provide the City with its Director of
Public Works/City Engineer. The person currently occupying that position, Lee Mann, will be
vacating it as of January 1, 2008. This has provided the opportunity for the City to evaluate the
current structure, plan for future growth and re-organize the department to better meet the demands of
the City.
After discussions between the City Administrator, the Director of Public Works/City Engineer and
me and after evaluating the current situation, it has been determined that the best course of action for
the City is to split the department into Engineering and Municipal Services. Attached are the
proposed organizational charts for the two departments.
The Engineering Department would consist of engineering, natural resources, and building
inspections. In order to effectively manage the department, the City would add the position of City
Engineer and conduct an employment search to fill that position. The recruitment process would
begin in the fall of2007 with the intention of having the position filled by January 1,2008.
The Municipal Services Department would consist of streets and utilities, solid waste, and fleet
maintenance. The structure would entail eliminating the current position of Assistant Director of
Public Works and create a new position of Director of Municipal Services. The current Assistant
Director of Public Works, Todd Reiten, would then be made Interim Director of Municipal Services
until such time as he is able to fulfill the educational requirements of the position. Upon completion
of the educational requirement and with satisfactory job performance, Mr. Reiten would then be fully
promoted into the position of Director of Municipal Services.
BUDGET IMPACT
These transitional changes are being incorporated into the 2008 budget and while actual costs are still
being determined, it is anticipated that the budget impact would be nominal as the City expects to
realize some changes in contracted services with the departure of Mr. Mann.
Respectfully submitted,
,/"1
/1 .l~,,/t /. /
.' .. -1f/' / ,- ,
,.4(//4 '~4<'7C<{~'
/ Brenda Wendlandt, SPHR
Human Resources Director
-l~
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor and Councilmembers
Peter J. Herlofsky~--
City Administra~
FROM:
SUBJECT:
Supplemental Agenda
DATE:
July 16, 2007
It is requested the July 16, 2007 agenda be amended as follows:
UNFINISHED BUSINESS
Add 11a) Schmitz-MaId Arena Feasibility Study - Administration
Attached is the feasibility report for the Schmitz-Maki Arena and a recommendation.
itted'(i / /
I 1//
Y:-/~/~?//
Peter J. Herlofs , Jr. ~
City Adminis ator /
//~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor and Councilmembers
FROM: Peter J. Herlofsky, Jr.
City Administrator
SUBJECT: Schmitz-Maki Arena Feasibility Study
DATE: July 16, 2007
INTRODUCTIONIDISCUSSION
Attached is the first stage of the feasibility report from Bonestroo. Please note in the
recommendations, due to the current location of the ice arena, a second ice surface would be a very
costly item to construct.
ACTION REQUESTED
The ice arena study consisted of three parts. We have just completed the first part. My
recommendation is there is no need for further study. The current ice arena location would not be
suitable for an additional sheet of ice. I will be providing a copy to the hockey association in a
meeting with them over the next couple of weeks.
mitted, ! W
~!p
Peter J. Herlofsky, Jr!/ ,
City Administrator l
CMul1er/Herlofsky/Council Memos/Arena Feasib Study
July 10, 2007
Mr. Peter J. Herlofsky, Jr.
City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
Re: Farmington, MN
Proposed Addition to Schmitz-Maki Arena
Feasibility Study
Phase 1 - Preliminary Site Analysis Report
Bonestroo File No. 000141-07294-0
Dear Mr. Herlofsky:
We have completed the Phase 1 - Preliminary Site Analysis portion of this project. This report
discusses the items reviewed during this Phase and provides our recommendations as to
whether the study should proceed into subsequent phases.
Phase 1 Scope
As described in our consulting services proposal dated May 16, 2007, the scope of work for
the Phase 1 - Preliminary Site Analysis of this project includes:
o We will meet with City planning and engineering staff at City Hall to
determine applicable codes and ordinances, and to obtain detailed property
boundary information.
o We will contact the local watershed district engineer to determine
requirements for construction near the Vermillion River.
o We will contact all existing private and public utility owners to determine
availability of their utilities to the project site.
o We will obtain the best available aerial photography for the site, for use in
laying out the new facilities. A full site topographic or property line survey
are not within the scope of this proposal.
o We will meet with representatives of the City to present the findings of
Phase 1, and to discuss approval to proceed with Phase 2.
2335 Highway 36 W
St. Paul, MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
. Bonestroo
51. Paui
51. Cluud
!~OchE~ster
Mr. Peter j Herlofsky, Jr.
City of Farmington
July J 0, 2007
Page 2
The meetings and information gathering described in the first four items above have been
completed. The information found, implications for the proposed project, and our
recommendations for future action are described in the following sections of this report.
City Codes and Ordinances
There are many Farmington City Codes and ordinances that would affect the layout and design
of the facility, including:
. Parking lots have landscaping standards, including minimum tree and shrub planting,
landscape islands with trees, and a minimum 10ft. width landscaped area between
the parking lot and all property lines.
. Minimum setbacks from property lines to buildings are 20 ft. for front, and 6 ft. for
side and rear.
. Maximum building height is 35 ft. This will not be an issue, since most practice arenas
are approximately 30 ft. in height or less.
. Although there are no known wetlands on the expansion site, a wetland delineation
would be required, and a wetland buffer of 100' width would be required from the
edge of any delineated wetland to any proposed structure or parking. The delineation
would need to be done early in the design process.
. The City requirement for number of parking stalls for Commercial/Recreational use is 1
stall per 2 customers. The proposed new practice arena has 200 to 300 spectator
seats, plus approximately 40 users (skaters, coaches, referees). Using the 1 stall per 2
customer standard, the site would need to accommodate 120 to 170 new parking
stalls. Preliminary calculations show the site will only accommodate approximately 70
new stalls.
. The existing arena facility has 57 parking stalls, to handle 750 spectators plus 40
users, which is a ratio of nearly 14 to 1. If the City requires the construction of
additional parking stalls to make up for the shortage at the existing arena, it would be
necessary to add 338 stalls at 1 stall per 2 customers to bring the existing facility into
compliance. There is not space available to make any expansion of the existing lot.
Vermillion River Issues
The Vermillion River is considered a protected trout stream, and construction activity adjacent
to the river is closely monitored and controlled by the Minnesota Pollution Control Agency
(MPCA), as well as the Vermillion River Watershed Joint Powers Organization (VRWJPO).
Under Minnesota Rules 6262.0062, subpart 4, discharges to trout streams must incorporate
specific Best Management Practices that address erosion control, water quality & volume, and
temperature control. Impacts to this project would include:
. Structures and parking areas must be set back a minimum distance of 150 feet from
the edge of the river meander line.
. Onsite infiltration of the first 1" of stormwater runoff from new buildings and
pavements is required. The use of a porous paving material, such as pavers, porous
Mf. Peter j Herlofsky, Jf.
City of Farmington
July 10, 2007
Page 3
bituminous, or porous concrete, would be required over an area that is approximately
20% of the newly surfaced area.
. A small stormwater ponding area would be required to be constructed on the project
site for control of the runoff rate. The pond area would be approximately 5% of the
total project site area. Infiltration trenches should also be provided where applicable.
. Permitting from the MPCA and the VRWJPO
. The 1 OO-year floodplain elevation for the Vermillion River is between elevation 905
and 906, as shown on the attached Dakota County flood insurance rate map. The
entire site for both the arena expansion and the existing arena falls below the
floodplain elevation. Although it may be possible to add fill to raise the arena addition
above the floodplain level, it would be necessary to remove material from another
nearby site within the floodplain as mitigation.
Utilities Availability
Sanitary Sewer - The existing ice arena discharges its' sanitary sewage through a lift station
and 4"D.l.P. force main that outlets into a gravity sewer manhole located at the intersection of
Spruce Street and Division Street. The sanitary sewage discharge rate from the proposed arena
addition would be low, and could be accommodated by the existing lift station and force main.
Water - Water service is available from an 8" DIP water main located in Spruce Street to the
south of the proposed addition. A 1" water service line is located near the center of the
property, however the size is inadequate for the addition. It will be necessary to install a new
6" service to accommodate both domestic water and fire suppression needs, which will require
open-cutting of the street.
Storm Sewer - There is not a storm sewer system available that could accept runoff from the
site and transmit flow to existing ponding or treatment facilities. All storm runoff must be
treated on the site and discharged to the Vermillion River. Two existing storm sewer lines cross
the expansion site running south-to-north, and these lines must be relocated to pass around
the east end of the proposed addition.
Electrical- Electrical power is available at the desired 460 volt, 3-phase configuration.
Natural Gas - Natural gas service is available from mains located along Spruce Street.
Telephone, Cable Television - Telephone and cable television are readily available to the site
through private service providers.
Aerial Photography
Good quality, recent aerial photography is available for the arena expansion site. An example
of the photography is included as a background on the attached Site Plan.
Mr. Peter j Herlofsky, Jr.
City of Farmington
July J 0, 2007
Page 4
Recommendations
The proposed arena expansion site has many good qualities, including availability of necessary
utilities, visibility from a busy access road, and the opportunity to operate the second rink in
conjunction with the existing rink, which would result in substantially lower staffing and
operating costs. There are, however, two major problems associated with this site that must
be resolved for the construction to be feasible:
1. Adequate on-site parking complying with City requirements is not available for either
the proposed or the existing arenas.
The construction of additional on-site parking for the existing arena is not possible.
Currently, parking for large events is provided by use of the high school parking lots,
which are over 500 ft. south of the facility. If this situation is proposed to continue, a
use agreement should be prepared between the City and the School District. To
improve pedestrian safety, we also recommend that a crosswalk with signal lights be
constructed at the pedestrian crossing point of Spruce Street.
An adequately sized parking lot for the arena addition can be provided only if either
the spectator seating capacity is reduced from 200/300 to 100, or if the City allows
the parking standard to be reduced. It is common in other similar communities to
require 1 stall per 3 or 4 customers. At 1 stall per 3 customers, the new arena could
provide seating capacity of 170, and at 1 stall per 4 customers, the new arena could
provide seating capacity of 240.
2. The entire expansion site is located within the Vermillion River 1 OO-year floodplain.
The installation of fill material to raise the second ice arena above the flood elevation
would be costly due to the cost of the fill material and the cost of required mitigation.
The building cost would also increase due to the necessity to add stairways and ramps
to accommodate the varying floor levels.
It has been a pleasure working with you and the City staff on this study and report. We would
be happy to discuss this report in further detail with you at your convenience.
Sin erely,
B E TROO
Gary D. Kristofitz, P.E.
Mr. Peter j Herlofsky, Jr.
City of Farmington
July 10, 2007
Page 5
I hereby certify that this report was prepared by me or under my direct supervision and that I
am a duly Registered Professional Engineer under the laws of the State of Minnesota.
Date: Julv 10. 2007
Registration Number: 22090
Values Statement
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality
services in a highly professional and cost-effective manner.
Fiscal Responsibility
We believe that fiscal responsibility and the prudent stewardship of public funds is
essential for citizen confidence in government.
Ethics and Integrity
We believe that ethics and integrity are the foundation blocks of public trust and
confidence and that all meaningful relationships are built on these values.
Open and Honest Communication
We believe that open and honest communication is essential for an informed and
involved citizenry and to foster a positive working environment for employees.
Cooperation and Teamwork
We believe that the public is best served when departments and employees work
cooperatively as a team rather than at cross purposes.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be visionary and to plan for the future.
Positive Relations with the Community
We believe that positive relations with the community and public we serve leads to
positive, involved, and active citizens.
Professionalism
We believe that continuous improvement is the mark of professionalism and are
committed to applying this principle to the services we offer and the development of our
employees.
R55CKSUM LOG23000VO
COUNCIL MEETING ON JULY 16, 2007
Vendor
AA EQUIPMENT COMPANY
ABRAHAM, KELLY
ADELMANN, WILLIAM R & AUDREY M
AFFINITY PLUS FEDERAL CREDIT U
AGGREGATE INDUSTRIES INC
AIRLAKE TRUCK
ALCORN BEVERAGE CO. INC.
ALF AMBULANCE
ALLSTATE SALES & LEASING CORP.
AMERICAN ASSOCIATION OF RETIRE
AMERICAN ENGINEERING TESTING I
AMERICAN PAYMENT CENTERS
Business Unit
DOWNTOWN LIQUOR REV & EXP
PILOT KNOB LIQUOR
GENERAL FUND REVENUES
SPRUCE ST EXTENSION
EMPLOYEE EXPENSE FUND
STREET MAINTENANCE
SOLID WASTE OPERATIONS
DOWNTOWN LIQUOR REV & EXP
PILOT KNOB LIQUOR
GENERAL FUND BALANCE SHEET
PATROL SERVICES
RECREATION OPERATING
SWIMMING POOL OPERATIONS
SOLID WASTE OPERATIONS
SENIOR CENTER PROGRAMS
195TH ST EXTENSION
FLAGSTAFF AVE
SEWER OPERATIONS EXPENSE
SOLID WASTE OPERATIONS
CITY OF FARMINGTON
07/12/200710:17:51
Council Check Summary
Page -
07/02/2007 - 07/15/2007
Object
EQUIPMENT REPAIR SERVICE
EQUIPMENT REPAIR SERVICE
Amount
202.56
768.55
971.11
RECREATION FEES - GENERAL
15.00
15.00
LAND
90,850.00
90,850.00
CREDIT UNION PAYABLE
2,230.00
2,230.00
STREET MATERIALS
188.28
188.28
VEHICLE REPAIR SERVICE
6,049.50
6,049.50
COST OF GOODS SOLD
COST OF GOODS SOLD
21,873.35
25,452.30
47,325.65
MN SALES TAX DUE
TRAINING & SUBSISTANCE
MN SALES TAX DUE
TRAINING & SUBSISTANCE
3.90-
63.90
2.73-
44.73
102.00
VEHICLE SUPPLIES & PARTS
105.22
105.22
PROGRAMMING EXPENSE
290.00
290.00
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
273.25
15,000.00
15,273.25
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
19.84
19.84
~
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Vendor Business Unit Object Amount
STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 19.85
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 19.85
79.38
AMERICAN RED CROSS RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 578.60
578.60
ANDERSEN INC, EARL F STREET MAINTENANCE SIGNS & STRIPPING MATERIALS 418.77
418.77
ANDERSEN,GRACE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 48.00
48.00
ANDERSON RACE MANAGMENT & RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 430.00
430.00
APPLE VALLEY FORD POLICE ADMINISTRATION VEHICLE SUPPLIES & PARTS 158.14
PATROL SERVICES VEHICLE REPAIR SERVICE 94.44
FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 159.63
412.21
ARCTIC GLACIER ICE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 785.23
PILOT KNOB LIQUOR COST OF GOODS SOLD 1,211.45
1,996.68
ASCAP SENIOR CENTER PROGRAMS SUBSCRIPTIONS & DUES 67.25
SWIMMING POOL OPERATIONS SUBSCRIPTIONS & DUES 67.25
134.50
ASPEN EQUIPMENT CO. SEWER OPERATIONS EXPENSE VEHICLES 4,881.83
FLEET OPERATIONS MACHINERY & EQUIPMENT 239.62
5,121.45
BALDUS, JAMES ESCROW FUND DEPOSITS PAYABLE 21.00
21.00
BCAlTRAINING & DEVELOPMENT PATROL SERVICES TRAINING & SUBSISTANCE 225.00
225.00
BELL, CRAIG & KRISTA SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 12.52
12.52
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07/02/2007 - 07/15/2007
Vendor Business Unit Object Amount
BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 392.53
PILOT KNOB LIQUOR COST OF GOODS SOLD 990.49
1,383.02
BELZER'S CHEVIDODGE/KIA, JEFF BUILDING MAl NT SERVICES VEHICLE SUPPLIES & PARTS 33.72
33.72
BETTER BEDLlNERS SEWER OPERATIONS EXPENSE VEHICLES 468.60
468.60
BLAUER TACTICAL SYSTEMS PATROL SERVICES TRAINING & SUBSISTANCE 749.00
749.00
BORCHERT, PHYLLIS SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 48.00
48.00
BUGBEE'S LOCKSMITH BUILDING MAINT SERVICES PROFESSIONAL SERVICES 116.05
SWIMMING POOL OPERATIONS PROFESSIONAL SERVICES 65.12
181.17
CATARACT FIRE RELIEF ASSOC FIRE SERVICES EMPLOYEE BENEFITS 34,750.00
34,750.00
CHRISTIAN LIFE CHURCH FLAGSTAFF AVE LAND 1,100.00
1,100.00
CINTAS - 754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 195.20
STREET MAINTENANCE UNIFORMS & CLOTHING 141.91
PARK MAINTENANCE UNIFORMS & CLOTHING 232.57
BUILDING MAl NT SERVICES UNIFORMS & CLOTHING 1.05
BUILDING MAINT SERVICES PROFESSIONAL SERVICES 67.11
DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 150.64
PILOT KNOB LIQUOR PROFESSIONAL SERVICES 136.79
SEWER OPERATIONS EXPENSE UNIFORMS & CLOTHING 141.91
SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 83.91
SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 225.23
SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 83.91
STORM WATER UTILITY OPERATIONS UNIFORMS & CLOTHING 141.91
STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 16.77
WATER UTILITY EXPENSE UNIFORMS & CLOTHING 141.91
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 83.91
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Vendor Business Unit Object Amount
FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 304.39
FLEET OPERATIONS UNIFORMS & CLOTHING 83.23
2,232.35
CITY CENTER DEVELOPMENT LLC DOWNTOWN LIQUOR REV & EXP BUILDING RENTAL 10,794.85
10,794.85
CMI MAILING & MARKETING SVS SEWER OPERATIONS EXPENSE POSTAGE 431.24
SOLID WASTE OPERATIONS POSTAGE 431.24
STORM WATER UTILITY OPERATIONS POSTAGE 431.24
WATER UTILITY EXPENSE POSTAGE 431.22
1,724.94
CNH CAPITAL PARK MAINTENANCE RENTAL OF EQUIPMENT 417.05
417.05
COCA-COLA ENTERPRISES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 643.60
PILOT KNOB LIQUOR COST OF GOODS SOLD 1,619.60
2,263.20
COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 21,553.85
PILOT KNOB LIQUOR COST OF GOODS SOLD 24,296.35
45,850.20
COMMERCIAL ASPHALT CO STREET MAINTENANCE STREET MATERIALS 5,706.69
5,706.69
CORNERSTONE ENERGY INC BUILDING MAINT SERVICES NATURAL GAS 200.13
SWIMMING POOL OPERATIONS NATURAL GAS 14.91
PILOT KNOB LIQUOR NATURAL GAS 24.50
SEWER OPERATIONS EXPENSE NATURAL GAS 205.71
SOLID WASTE OPERATIONS NATURAL GAS 205.71
STORM WATER UTILITY OPERATIONS NATURAL GAS 41.14
WATER UTILITY EXPENSE NATURAL GAS 223.71
915.81
CORRIGAN, TROY FIRE SERVICES OUTSIDE PRINTING 132.66
132.66
CULLIGAN ULTRAPURE INDUSTRIES DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 13.30
PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 9.30
22.60
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07/02/2007 - 07/15/2007
Vendor Business Unit Object Amount
CUSTOM MANUFACTURING INC MEADOWVIEW PARK OTHER CONSTRUCTION COSTS 26,278.88
26,278.88
DAKOTA COUNTY LICENSE CENTER SOLID WASTE OPERATIONS VEHICLES 7,154.01
7,154.01
DAKOTA COUNTY LUMBER COMPANY PARK MAINTENANCE OTHER SUPPLIES & PARTS 30.04
BUILDING MAl NT SERVICES LANDSCAPING MATERIALS 9.59
39.63
DAKOTA COUNTY TREASURER/AUDITO CITY HALL OTHER 52.65
INFORMATION TECHNOLOGY EQUIPMENT REPAIR SERVICE 1,385.56
1,438.21
DARGIS, LISA COMMUNITY DEVELOPMENT MILEAGE REIMBURSEMENT 34.91
EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 145.29
180.20
DARTS SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 350.00
350.00
DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,594.15
PILOT KNOB LIQUOR COST OF GOODS SOLD 2,947.45
4,541.60
DELTA HOSPITAL SUPPLY INC RESCUE SQUAD SERVICES EQUIP SUPPLIES & PARTS 155.90
155.90
DIAMOND MOWERS STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 477.45
477.45
DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 23,438.73
23,438.73
DISTAD, RANDY RECREATION PROGRAM SERVICES TRAINING & SUBSISTANCE 365.70
RECREATION PROGRAM SERVICES MILEAGE REIMBURSEMENT 101.37
467.07
DONNELLY, PAT ESCROW FUND DEPOSITS PAYABLE 2,000.00
2,000.00
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Vendor Business Unit Object Amount
ECM PUBLISHERS INC WATER UTILITY EXPENSE ADVERTISING 55.00
55.00
EHLERS & ASSOCIATES INC LEGISLATIVE CONTROL PROFESSIONAL SERVICES 2,835.00
DOWNTOWN TIF PROFESSIONAL SERVICES 346.13
3,181.13
EIDE BAILLY LLP GENERAL ACCOUNTING PROFESSIONAL SERVICES 1,463.81
HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 483.06
ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 186.30
DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 133.07
PILOT KNOB LIQUOR PROFESSIONAL SERVICES 133.07
SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 226.22
SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 226.22
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 218.25
3,070.00
ENCOMM MIDWEST LLC WELL #8 CONSTRUCTION CONTRACTS 90,037.98
90,037.98
EXTREME BEVERAGE LLC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 398.50
PILOT KNOB LIQUOR COST OF GOODS SOLD 727.50
1,126.00
FARMINGTON COMMUNITY EDUCATION RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 2,169.85
2,169.85
FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 49.00
49.00
FARMINGTON PRINTING INC ADMINISTRATION OFFICE SUPPLIES 25.56
RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 159.75
DOWNTOWN LIQUOR REV & EXP OUTSIDE PRINTING 30.89
PILOT KNOB LIQUOR OUTSIDE PRINTING 30.88
247.08
FINKE, ROBERT RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 176.00
176.00
FIRE SAFETY USA INC FIRE SERVICES EQUIP SUPPLIES & PARTS 150.00
FIRE SERVICES UNIFORMS & CLOTHING 215.00
365.00
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Vendor Business Unit Object Amount
FIRST AMERICAN TITLE SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 31.23
31.23
FRONTIER COMMUNICATIONS POLICE ADMINISTRATION TELEPHONE 134.54
WATER UTILITY EXPENSE TELEPHONE 192.28
326.82
FUNDRAISING CARDS RAMBLING RIVER CENTER PROGRAMMING EXPENSE 90.00
90.00
GAMETIME PARK MAINTENANCE OTHER SUPPLIES & PARTS 780.07
780.07
GARVEY, COLIN SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 61.45
61.45
GLYNN, JOHN T & ALEXIS FLAGSTAFF AVE CONSTRUCTION CONTRACTS 22,400.00
22,400.00
GRABER, ANGIE SWIMMING POOL OPERATIONS UNIFORMS & CLOTHING 29.99
29.99
GRABER,KRYSTLE SWIMMING POOL OPERATIONS OTHER SUPPLIES & PARTS 77.20
77.20
GREICAR, LONNIE & RUTH FLAGSTAFF AVE LAND 4,700.00
4,700.00
GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 10,101.29
PILOT KNOB LIQUOR COST OF GOODS SOLD 14,756.11
24,857.40
HAGEBOCK, JOYCE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 48.00
48.00
HANS MEIER, TINA HRAlECONOMIC DEVELOPMENT MILEAGE REIMBURSEMENT 20.86
HRAlECONOMIC DEVELOPMENT OTHER 5.34
26.20
HANSON, KATHRYN GENERAL FUND REVENUES RECREATION FEES - GENERAL 21.00
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Vendor Business Unit Object Amount
ESCROW FUND DEPOSITS PAYABLE 65.00
86.00
HAWKINS INC WATER UTILITY EXPENSE CHEMICALS 78.14
78.14
HAYES, NICHOLLE GENERAL FUND REVENUES RECREATION FEES - GENERAL 10.00
10.00
HERLOFSKY JR, PETER J ADMINISTRATION CELLULAR PHONES 25.00
ADMINISTRATION TRAINING & SUBSISTANCE 584.00
ADMINISTRATION MILEAGE REIMBURSEMENT 96.52
705.52
HERMEL WHOLESALE SWIMMING POOL OPERATIONS COST OF GOODS SOLD 385.28
385.28
HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 666.10
PILOT KNOB LIQUOR COST OF GOODS SOLD 1,155.55
1,821.65
HOISINGTON KOEGLER GROUP INC FAIRHILL COMM PARKlATH FIELDS PROFESSIONAL SERVICES 1,015.00
1,015.00
HORIZON COMMERCIAL POOL SUPPLY SWIMMING POOL OPERATIONS CHEMICALS 2,000.44
2,000.44
HOTSY EQUIPMENT OF MINNESOTA BUILDING MAl NT SERVICES EQUIP SUPPLIES & PARTS 64.71
SEWER OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 80.90
SOLID WASTE OPERATIONS EQUIP SUPPLIES & PARTS 80.90
STORM WATER UTILITY OPERATIONS EQUIP SUPPLIES & PARTS 16.18
WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 80.90
323.59
HUGHES, RUSSELL RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 264.00
264.00
ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,261.00
5,261.00
IKON OFFICE SOLU!IONS ADMINISTRATION RENTAL OF EQUIPMENT 1,451.07
1,451.07
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Vendor Business Unit Object Amount
INVER GROVE HEIGHTS, CITY OF RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 249.75
249.75
JG WEAR RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 2,419.85
2,419.85
JIRIK SOD FARMS INC EVERGREEN KNOLL PARK OTHER CONSTRUCTION COSTS 249.22
249.22
JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 8,566.24
PILOT KNOB LIQUOR COST OF GOODS SOLD 12,930.87
21,497.11
JONES, JEFF WATER UTILITY EXPENSE SUBSCRIPTIONS & DUES 23.00
23.00
KATH FUEL OIL SERVICE FLEET OPERATIONS LUBRICANTS & ADDITIVES 202.86
202.86
KELLY ELECTRIC INC POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 122.61
122.61
KEYLAND HOMES ESCROW FUND DEPOSITS PAYABLE 2,000.00
2,000.00
KOHLBECK, MISSIE SENIOR CENTER PROGRAMS MILEAGE REIMBURSEMENT 44.10
44.10
KUEHN, BRITTNEE SWIMMING POOL OPERATIONS UNIFORMS & CLOTHING 29.99
29.99
LAKEVILLE PRINTING PATROL SERVICES OFFICE SUPPLIES 145.59
145.59
LAKEVILLE, CITY OF PATROL SERVICES CONTRACTUAL SERVICES 531.12
FIRE SERVICES CONTRACTUAL SERVICES 265.57
796.69
LANDSCAPE DEPOT EVERGREEN KNOLL PARK OTHER CONSTRUCTION COSTS 4,219.53
4,219.53
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Vendor Business Unit Object Amount
LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 316.00
316.00
LONE OAK COMPANIES INC SEWER OPERATIONS EXPENSE POSTAGE 150.00
SOLID WASTE OPERATIONS POSTAGE 150.00
STORM WATER UTILITY OPERATIONS POSTAGE 150.00
WATER UTILITY EXPENSE POSTAGE 150.00
600.00
M S FOSTER & ASSOCIATES INC SEWER OPERATIONS MN SALES TAX DUE 54.81-
SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 898.03
843.22
M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,454.94
DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 231.14
PILOT KNOB LIQUOR COST OF GOODS SOLD 988.68
2,674.76
MANLEY BROTHERS ESCROW FUND DEPOSITS PAYABLE 8,000.00
8,000.00
MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 7,041.97
PILOT KNOB LIQUOR COST OF GOODS SOLD 9,664.73
16,706.70
MAUS GROUP LLC COMMUNITY DEVELOPMENT PROFESSIONAL SERVICES 18,797.97
HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 18,797.96
37,595.93
MAXIMUM VOLTAGE RESCUE SQUAD SERVICES EQUIPMENT REPAIR SERVICE 85.19
85.19
METRO PEST MANAGEMENT FIRE SERVICES PROFESSIONAL SERVICES 118.26
118.26
METROCALL INC INVESTIGATION SERVICES PROFESSIONAL SERVICES 15.73
15.73
METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 71,304.75
71,304.75
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Vendor Business Unit Object Amount
MINCKE, KEVIN POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 19.16
19.16
MINNEAPOLIS POLICE SWAT PATROL SERVICES TRAINING & SUBSISTANCE 600.00
600.00
MINNESOTAAFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 761.84
761.84
MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108.34
108.34
MINNESOTA COACHES INC SWIMMING POOL OPERATIONS PROGRAMMING EXPENSE 150.00
150.00
MINNESOTA PIPE AND EQUIPMENT SEWER OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 42.17
WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 42.17
WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 217.26
INFORMATION TECHNOLOGY OFFICE SUPPLIES 42.18
343.78
MINNESOTA RECREATION & PARKAS RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 1,200.00
1,200.00
MINNESOTA ROADWAYS CO STREET MAINTENANCE STREET MATERIALS 388.19
388.19
MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 4,492.22
4,492.22
MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,341.00
1,341.00
MN DEPARTMENT OF HEALTH WATER UTILITY EXPENSE SUBSCRIPTIONS & DUES 23.00
23.00
MN GOVERNMENT FINANCE OFFICERS GENERAL ACCOUNTING TRAINING & SUBSISTANCE 225.00
225.00
MN MUNICIPAL BEVERAGE ASSN INC DOWNTOWN LIQUOR REV & EXP SUBSCRIPTIONS & DUES 1,175.00
PILOT KNOB LIQUOR SUBSCRIPTIONS & DUES 1,175.00
2,350.00
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Vendor Business Unit Object Amount
MN OFFICE OF ENTERPRISE TECHNO PATROL SERVICES TELEPHONE 49.34
49.34
MONRO GOLF CAMP, DOUG RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 971.00
971.00
MPELRA HUMAN RESOURCES TRAINING & SUBSISTANCE 390.00
390.00
MTA SANDBLASTING SOLID WASTE OPERATIONS VEHICLE REPAIR SERVICE 2,200.00
2,200.00
MUNICH, SHARON SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 11.55
11.55
MUZAK - NORTH CENTRAL DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 56.98
PILOT KNOB LIQUOR PROFESSIONAL SERVICES 60.23
117.21
MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 114.75
114.75
NEVALA, JEFF ESCROW FUND DEPOSITS PAYABLE 2,000.00
2,000.00
NIKOLEY, ELIZABETH SWIMMING POOL OPERATIONS UNIFORMS & CLOTHING 35.00
35.00
NORMAN, PATTI RECREATION PROGRAM SERVICES MILEAGE REIMBURSEMENT 32.99
SWIMMING POOL OPERATIONS COST OF GOODS SOLD 138.53
SWIMMING POOL OPERATIONS MILEAGE REIMBURSEMENT 60.00
231.52
NORTHERN SAFETY TECHNOLOGY PATROL SERVICES VEHICLE SUPPLIES & PARTS 2,318.98
PATROL SERVICES VEHICLES 2,333.40
SEWER OPERATIONS EXPENSE VEHICLES 629.40
5,281.78
NU FORM GRAPHICS INC STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 109.82
SEWER OPERATIONS EXPENSE VEHICLE SUPPLIES & PARTS 100.00
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07/02/2007 - 07/15/2007
Vendor Business Unit Object Amount
SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 146.00
WATER UTILITY EXPENSE VEHICLE SUPPLIES & PARTS 100.00
455.82
OCEL, MATTHEWQ AND JILL MOSER FLAGSTAFF AVE LAND 18,000.00
18,000.00
OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 1,437.51
1,437.51
ORKIN EXTERMINATING BUILDING MAINT SERVICES PROFESSIONAL SERVICES 75.47
75.47
PATCHIN MESSNER & DODD SPRUCE ST EXTENSION PROFESSIONAL SERVICES 3,836.25
FLAGSTAFF AVE PROFESSIONAL SERVICES 2,300.00
6,136.25
PAUSTIS WINE CO. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 828.48
PILOT KNOB LIQUOR COST OF GOODS SOLD 532.48
1,360.96
PEARSON BROTHERS INC ANNUAL SEALCOATING PROJECT CONSTRUCTION CONTRACTS 145,920.00
145,920.00
PEER ENGINEERING INC ELM ST RECONSTRUCTION PROFESSIONAL SERVICES 1,176.40
1,176.40
PELLlCCI HARDWARE & RENTAL POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 240.14
FIRE SERVICES VEHICLE SUPPLIES & PARTS 105.16
FIRE SERVICES BUILDING SUPPLIES & PARTS 80.89
ENGINEERING SERVICES OTHER SUPPLIES & PARTS 11.70
STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 8.29
PARK MAINTENANCE OTHER SUPPLIES & PARTS 615.20
BUILDING MAl NT SERVICES OTHER SUPPLIES & PARTS 9.57
RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 94.29
SWIMMING POOL OPERATIONS EQUIP SUPPLIES & PARTS 29.02
SWIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 7.21
SWIMMING POOL OPERATIONS OTHER SUPPLIES & PARTS 7.80
ICE ARENA OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 24.41
SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 63.83
SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 80.11
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Vendor Business Unit Object Amount
SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 118.92
STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 37.22
WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 129.36
1,663.12
PERFORMANCE PLUMBING AND SWIMMING POOL OPERATIONS PROFESSIONAL SERVICES 197.00
197.00
PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,626.01
PILOT KNOB LIQUOR COST OF GOODS SOLD 6,956.05
11,582.06
PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 16,275.40
16,275.40
PITNEY BOWES ADMINISTRATION RENTAL OF EQUIPMENT 555.00
555.00
PRAIRIE RESTORATIONS INC STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 267.14
267.14
PREMIER BANK DOWNTOWN LIQUOR REV & EXP SUBSCRIPTIONS & DUES 25.00
PILOT KNOB LIQUOR SUBSCRIPTIONS & DUES 25.00
50.00
PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 13,532.50
EMPLOYEE EXPENSE FUND PERA 16,810.96
30,343.46
QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,205.85
PILOT KNOB LIQUOR COST OF GOODS SOLD 2,998.93
5,204.78
ROO EQUIPMENT STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 55.27
55.27
RED WING, CITY OF INVESTIGATION SERVICES PROFESSIONAL SERVICES 50.00
50.00
REED BUSINESS INFORMATION ELM ST RECONSTRUCTION LEGAL NOTICES PUBLICATIONS 133.80
FLAGSTAFF AVE LEGAL NOTICES PUBLICATIONS 205.16
R55CKSUM LOG23000VO CITY OF FARMINGTON 07/121200710:17:51
Council Check Summary Page- 15
07/02/2007 - 07/15/2007
Vendor Business Unit Object Amount
HUNTER LIFT STATION LEGAL NOTICES PUBLICATIONS 127.11
466.07
REICHERT, ANGIE SWIMMING POOL OPERATIONS RENTAL INCOME 61.50
61.50
RENT 'N' SAVE PORTABLE SERVICE PARK MAINTENANCE PROFESSIONAL SERVICES 896.73
896.73
RIVERTOWN NEWPAPER GROUP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 25.20
PILOT KNOB LIQUOR COST OF GOODS SOLD 57.60
82.80
ROC INC FIRE SERVICES PROFESSIONAL SERVICES 573.13
BUILDING MAINT SERVICES PROFESSIONAL SERVICES 1,797.03
SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 901.31
3,271.47
RYLAND HOMES ESCROW FUND DEPOSITS PAYABLE 2,000.00
2,000.00
SCHWlNESS LLC PILOT KNOB LIQUOR BUILDING RENTAL 14,492.49
14,492.49
SIGNATURE TITLE CO. SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 72.10
72.10
SIMPLEXGRINNELL LP BUILDING MAINT SERVICES EQUIPMENT REPAIR SERVICE 104.47
SEWER OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 130.60
SOLID WASTE OPERATIONS EQUIPMENT REPAIR SERVICE 130.60
STORM WATER UTILITY OPERATIONS EQUIPMENT REPAIR SERVICE 26.11
WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 130.60
522.38
SLETTEN, DAVID D & SUSAN CHRIS FLAGSTAFF AVE LAND 1,000.00
1,000.00
SOUTHSIDE REDI-MIX, INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 358.76
EVERGREEN KNOLL PARK OTHER CONSTRUCTION COSTS 647.25
1,006.01
R55CKSUM LOG23000VO CITY OF FARMINGTON 07/12120071 0: 17:51
Council Check Summary Page - 16
07/02/2007 - 07/15/2007
Vendor Business Unit Object Amount
SPARKY'S FIRE PROTECTION FIRE SERVICES EQUIPMENT REPAIR SERVICE 19.00
BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 105.80
SWIMMING POOL OPERATIONS PROFESSIONAL SERVICES 39.00
ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 67.75
SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 24.75
SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 89.75
STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 4.95
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 24.75
375.75
SPECIALTY WINES AND BEVERAGES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 608.33
PILOT KNOB LIQUOR COST OF GOODS SOLD 196.00
804.33
SPRINT PATROL SERVICES CELLULAR PHONES 573.56
573.56
STERLING CODIFIERS INC ADMINISTRATION PROFESSIONAL SERVICES 494.00
494.00
STREICHER'S POLICE ADMINISTRATION UNIFORMS & CLOTHING 444.07
PATROL SERVICES OTHER SUPPLIES & PARTS 567.02
1,011.09
SUMMIT CUSTOM LANDSCAPE INC PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 181.05
181.05
SUNDVALL, TRAVIS PATROL SERVICES UNIFORMS & CLOTHING 157.80
PATROL SERVICES TRAINING & SUBSISTANCE 69.11
226.91
SWEDIN, ROSEMARY GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 72.75
72.75
TESKE, DAVID L & STEPHANIE M Y FLAGSTAFF AVE LAND 5,100.00
5,100.00
TETRA TECH INC STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 410.00
410.00
THOMPSON, DALE SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 28.56
28.56
.
R55CKSUM LOG23000VO CITY OF FARMINGTON 07/12/20071 0:17:51
Council Check Summary Page - 17
07/0212007 - 07/15/2007
Vendor Business Unit Object Amount
THREE RIVERS PRK DISTRICT SOLID WASTE OPERATIONS PROGRAMMING EXPENSE 600.00
600.00
TKDA INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 627.29
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 627.30
1,254.59
TRI COUNTY BEVERAGE & SUPPLY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 135.00
135.00
U S BANK PUBLIC SAFETY REVENUE BD 2007 DEBT PRINCIPAL 7,571.44
PUBLIC SAFETY REVENUE BD 2007 DEBT INTEREST 1,776.00
9,347.44
UNITED PARCEL SERVICE ADMINISTRATION POSTAGE 3.00
FIRE SERVICES PROFESSIONAL SERVICES 9.24
12.24
VALEK, RONALD L & DIANA J FLAGSTAFF AVE LAND 20,000.00
20,000.00
VERIZON WIRELESS FIRE SERVICES CELLULAR PHONES 15.12
15.12
. VINOCOPIA DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 618.50
618.50
VOGEL, ROBERT C BOARDS & COMMISSIONS PROFESSIONAL SERVICES 1,000.00
1,000.00
WENDLANDT, BRENDA HUMAN RESOURCES MILEAGE REIMBURSEMENT 305.99
305.99
WENDY'S WINDSHIELD REPAIR STREET MAINTENANCE VEHICLE REPAIR SERVICE 104.90
104.90
WINE MERCHANTS PILOT KNOB LIQUOR COST OF GOODS SOLD 2,417.75
2,417.75
YOCUM OIL COMPANY INC POLICE ADMINISTRATION ELECTRIC 589.90
589.90
R55CKSUM LOG23000VO
CITY OF FARMINGTON
Council Check Summary
07/02/2007 - 07/15/2007
Vendor
Business Unit
Object
ZEE SERVICE COMPANY
SWIMMING POOL OPERATIONS
DOWNTOWN LIQUOR REV & EXP
EQUIP SUPPLIES & PARTS
OTHER SUPPLIES & PARTS
ZEHNDER, DARCY A & PAMELA J
FLAGSTAFF AVE
LAND
ZIEGLER INC
SOLID WASTE OPERATIONS
VEHICLE SUPPLIES & PARTS
Report Totals
~s:
. SODERBERG
FOGARTY
rl{ U MCKNIGHT
~ PRITZLAFF
~ WILSON
. .
Amount
14,650.00
14,650.00
07/12/200710: 17:51
Page -
18
445.85
68.32
514.17
266.38
266.38
1,034,933.44