The URL can be used to link to this page

Home My WebLink About05.21.07 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future, . AGENDA PRE-CITY COUNCIL MEETING May 21, 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 PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session. all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position, e Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position, Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter, City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future, . AGENDA REGULAR CITY COUNCIL MEETING MAY 21, 2007 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Homecoming Event Presentation - Marianne Feely b) Introduce New Employee - Public Works . c) Heritage Preservation Awards - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (5/7/06 Regular) b) Revise City's Capitalization Policy - Finance c) April 2007 Financial Report - Finance d) School and Conference - Parks and Recreation e) Adopt Resolution - Accept Donations Annual Ice Skating Competition - Parks and Recreation f) Approve Agreement with Premier POS, Inc for Providing Web Based Services - Parks and Recreation g) Approve Request to Waive Fees Rambling River Days - Parks and Recreation h) Appointment Recommendation Fire Department - Human Resources i) School and Conference - Fire Department j) School and Conference - Fire Department k) Approve Rescue Squad Membership - Fire Department I) Approve Easement Acquisition - Hunter Lift Station Project - Engineering . m) Authorize Advertisement for Bids - Hunter Lift Station - Engineering n) Grant Elm Street Project Temporary Easements - Engineering 0) Approve Bills p) Hometown Development Letter of Credit - Administration Action Taken Information Received Introduced Presented Approved R41-07 Information Received Approved R42-07 Approved Approved Approved Approved Approved Approved Approved R43-07 Authorized Approved Approved q) Elm Street Project Update - Bids - Engineering 8. PUBLIC HEARINGS a) Adopt Resolution - Designate Farmington Heritage Landmarks - Administration b) Consider Tax Abatement Agreement Vermillion River Crossing - Finance 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Trinity Health Care 1 st Addition Preliminary and Final Plat - Planning b) Adopt Resolution - Fairhills Pond Slope Feasibility Report - Engineering c) Approve Federal Surface Transportation Program Application Proposal- TH3 - Engineering d) Approve MCESlFarmingtonlLakeville Agreement - Flagstaff Interceptor Agreement - Engineering e) MnDOT Cooperative Agreement Update - Engineering 11. UNFINISHED BUSINESS a) Boulevard Tree Policy - Engineering 12. NEW BUSINESS a) Ice Arena Feasibility Report - Administration 13. COUNCIL ROUNDTABLE 14. ADJOURN Information Received R44-07 Approved R45-07 R46-07 Approved R47-07 Approved Approved Approved City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future, AGENDA REGULAR CITY COUNCIL MEETING MAY 21,2007 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) Homecoming Event Presentation - Marianne Feely b) Introduce New Employee - Public Works c) Heritage Preservation Awards - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (5/7/06 Regular) b) Revise City's Capitalization Policy - Finance c) April 2007 Financial Report - Finance d) School and Conference - Parks and Recreation e) Adopt Resolution - Accept Donations Annual Ice Skating Competition - Parks and Recreation f) Approve Agreement with Premier POS, Inc for Providing Web Based Services - Parks and Recreation g) Approve Request to Waive Fees Rambling River Days - Parks and Recreation h) Appointment Recommendation Fire Department - Human Resources i) School and Conference - Fire Department j) School and Conference - Fire Department k) Approve Rescue Squad Membership - Fire Department 1) Approve Easement Acquisition - Hunter Lift Station Project - Engineering m) Authorize Advertisement for Bids - Hunter Lift Station - Engineering n) Grant Elm Street Project Temporary Easements - Engineering 0) Approve Bills Action Taken Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 8. PUBLIC HEARINGS a) Adopt Resolution - Designate Farmington Heritage Landmarks - Administration b) Consider Tax Abatement Agreement Vermillion River Crossing - Finance 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Hometown Development Letter of Credit - Administration b) Adopt Resolution - Trinity Health Care 1 st Addition Preliminary and Final Plat - Planning c) Adopt Resolution - Fairhills Pond Slope Feasibility Report - Engineering d) Approve Federal Surface Transportation Program Application Proposal- TH3 - Engineering e) Elm Street Project Update - Bids - Engineering f) Approve MCES/FarmingtonlLakeville Agreement - Flagstaff Interceptor Agreement - Engineering g) MnDOT Cooperative Agreement Update - Engineering 11. UNFINISHED BUSINESS a) Boulevard Tree Policy - Engineering 12. NEW BUSINESS a) Ice Arena Feasibility Report - Administration 13. COUNCIL ROUNDTABLE 14. ADJOURN Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 7a.. COUNCIL MINUTES PRE-MEETING May 7, 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 Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty added an announcement by Randy Oswald regarding lacrosse. She also added under New Business a resolution opposing Farmington being in the Transit Taxing District. Councilmember McKnight asked about a payment to First American Title and what project it was for. Finance Director Roland noted it was for the purchase of the property on Akin Road. Councilmember McKnight then asked about the PERA payment being so high. Finance Director Roland replied that is the regular contribution. Councilmember Wilson asked about the Economic Development proposal containing a statement about adding other personnel and asked if it will add cost. City Administrator Herlofsky noted the cost would remain the same. Councilmember Wilson then asked about paying reasonable expenses and stated he was uncomfortable with that statement. City Administrator Herlofsky stated that will be worked out before the expense is generated. Councilmember Wilson noted under scope of duties it states developments near the new high school. City Administrator Herlofsky stated that is covering general provisions. Councilmember Wilson did not see any indication about how this will tie in with the comprehensive plan. City Administrator Herlofsky stated there are two separate contracts. One is to cover the Community Development Director position. The other contract is the market study which is related to the comprehensive plan. Councilmember Wilson then asked if this would tie in with the PEER review process. City Administrator Council Minutes (Pre-Meeting) May 7, 2007 Page 2 Herlofsky noted as part of the PEER review, they were to come back in one year to evaluate the changes made. Councilmember Wilson stated he was not aware of the 2003 Market Study until six months into his term. That study covered only the Vermillion River Crossing area. This study will be more comprehensive and up-to-date. Whether the study will also cover the townships will be determined. Currently a study has been approved to review commercial and industrial, not residential. Councilmember Pritzlaff noted in the contract he was uncomfortable with the statement to review development near the high school when there was not supposed to be development unti12020. He asked if the life span of the study done now would still be good then. City Administrator Herlofsky noted the Planning Commission was looking at a scale-type development for the community and they would like to have a workshop with Council to review that, possibly in May. Councilmember Pritzlaff asked why we are getting two engineering interns. Staff noted the City has had interns for many years. This falls under seasonal help and they will be City employees. Councilmember Wilson stated what caught him off guard about the scope of work for Mr. Fursman is that it is very definite to include those categorical items. Vermillion River Crossing and Pilot Knob and Hwy 50 are priorities. He hoped the work would not be limited to these and not include any other larger economic development initiative that should be addressed. Councilmember McKnight asked how Mr. Fursman will get his work assignments. City Administrator Herlofsky and Council will be controlling what Mr. Fursman is working on. Councilmember Wilson noted the Post Office dedication during Rambling River Days is scheduled for 10:30 a.m. This is the same time as the dodge ball tournament. It was determined to have Council representation at the Post Office event. 5. STAFF COMMENTS City Administrator Herlofsky noted in the weekly update was a Bonestroo evaluation form. He asked Council to complete that form and return it as this would be used for the 2008 budget. Council should complete this by the next Council meeting. Council pictures will be scheduled at 6:00 on May 21 at Heikkila Studios. Administrative Services Director Shadick stated the Planning Commission interviews need to be rescheduled. There are two applicants. Council decided to conduct the interviews on May 14 at 5:30 prior to the workshop. City Administrator Herlofsky provided a proposal from Holmes & Assoc. regarding Vermillion River Crossing. He suggested Council use the strategic planning checklist to see how Vermillion River Crossing matches up. Council Minutes (Pre-Meeting) May 7,2007 Page 3 6. ADJOURN MOTION by Fogarty, second by Pritzlaffto adjourn at 6:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~.~ 7V7~ / (Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR May 7, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. Mayor Soderberg called for a moment of silence for Bill Patterson, Community Education Director. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Randy Oswald, Todd Seeman, Tasha Corcoran, Kevin Corcoran, Kyle Oswald, Ty Leeman, Riley Leeman, Denise Leeman, Kyle Hanson, Lynn Weierke, Chastiti Schultz, Terry Pomerening, Bob Knutson, Art Dickinson, Stan Knutson, Robert Pitner 4. APPROVE AGENDA Councilmember Fogarty added under Announcements 5d) Randy Oswald to talk about lacrosse. She also added l2d) Resolution Opposing Farmington being placed in the Metropolitan Transit Taxing District. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Homecoming Event Presentation - Marianne Feely This was postponed to the May 21, 2007 Council meeting. b) Introduce New Employee - Police Department Sondra Baar was introduced as the new Administrative Support Specialist in the Police Department. Marilyn Walton was recognized for 34 years of service in the Police Department. Council Minutes (Regular) May 7,2007 Page 2 c) Proclaim Historic Preservation Month - Administration MOTION by Pritzlaff, second by McKnight to proclaim Mayas Historic Preservation Month. APIF, MOTION CARRIED. d) Randy Oswald - Lacrosse Mr. Randy Oswald stated previously he asked if the City, school district and FY AA could communicate to see if there was interest in bringing the sport of lacrosse to Farmington. As word spread, they found there are a lot of kids with an interest in lacrosse. He announced a kick-off meeting to form a club on Tuesday, May 15, 2007 at the Public Library at 7:00 p.m. Lacrosse players from Lakeville and Apple Valley were present. There are also players in Eagan and Burnsville. There are 11 boys from Farmington on the Lakeville team and 45 Farmington kids participating in Apple Valley teams. Councilmember Fogarty thanked Mr. Oswald for his hard work. Ms. Lynn Weierke stated she serves on the board for the Lakeville lacrosse association and stated there is huge enthusiasm on the part of parents and kids. She will be resigning from Lakeville and joining Farmington. This is an amazing sport and felt it was time we have a place for kids to play after 8th Grade. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (4/16/07 Regular) b) Approved School and Conference - Administration c) Approved Temporary On-Sale Liquor License - Administration d) Adopted RESOLUTION R38-07 Accepting Arbor Day Donation from Dakota Electric - Parks and Recreation e) Approved Grant from NRPA for Take Me Fishing Program - Parks and Recreation f) Approved Professional Services Agreement - Police Department g) Received Information 2007 Assistance to Fire Fighters Grant - Fire Department h) Acknowledged Resignation Fire Department - Human Resources i) Approved Appointment Recommendation Public Works - Human Resources j) Approved Wetland Alteration Permit Fairhill - Engineering k) Adopted RESOLUTION R39-07 Approving Farmington Department Directors Contract - Human Resources I) Approved School and Conference - Fire Department m) Approved Appointment Recommendation Engineering Intern - Human Resources n) Approved Appointment Recommendation Engineering Intern - Human Resources 0) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS Council Minutes (Regular) May 7, 2007 Page 3 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Neighborhood Preservation Overlay District Update - Administration Administrative Services Director Shadick updated Council on the progress of the Neighborhood Preservation Overlay District. In January 2006 Council held a joint workshop with the Heritage Preservation Commission and a number of residents. Following the workshop, Council directed staff and the HPC to develop a zoning classification to regulate infill development in historic neighborhoods. An ordinance has been developed to regulate this. The timeline for approval of the ordinance is on May 8, 2007 it will go to the Planning Commission for discussion, a neighborhood meeting will be held on May 16, 2007 for residents in the proposed district, June 12,2007 a public hearing will be held at the Planning Commission, and on June 18,2007 the ordinance will come to Council for approval. Councilmember Wilson asked if this is the first communication since 2006. Administrative Services Director Shadick replied the HPC and staffhave been working on this. Councilmember Wilson asked if the boundary lines suggested there were no historic properties outside this area within the downtown area. Staff stated we are trying to create an initial district and start with a small area. There are historic properties outside the district boundaries. To obtain approval of the overlay district, 50% approval of the residents is required. Councilmember McKnight asked if the public hearing notices have been mailed for the public hearing. Staff stated notices have not been mailed, the public hearing notice will appear in the paper this week. Neighborhood meeting notices have been mailed. Councilmember McKnight stated he expressed this concern a year ago, that he wants to make sure the neighbors in this district fully understand how this impacts them even though they are not in a historic dwelling. Staff noted that is the reason for the neighborhood meeting. Councilmember McKnight asked staffto stress that in the notices and at the meeting that it will regulate demolition and construction even if they are not in a historic home. Staff noted that was included in the notice. Mayor Soderberg noted this would require a majority vote of the residents. The ordinance would be approved and then the vote for the district would come after that. b) Federal Solicitation for TH3 Funds - Engineering There is a potential opportunity to obtain funds from the Federal Surface Transportation Program to obtain funds for improvements to TH3. $92 million will be awarded from the federal program. Solicitation will begin this summer Council Minutes (Regular) May 7,2007 Page 4 and selection will be made in 2008. Projects would be funded in 2011 or 2012. Improvements to TH3 could qualify under this program. The road is an "A" Minor Arterial- Connector." The program requires a 20% local match which can come from the applicant and any other partners, including the State. At some point TH3 will be reclassified to a Principal Arterial which would make the process more competitive for the funding. The application needs to be completed by the end of July. Farmington would be the lead agency on the project and would have to commit to the funding on the application. The project would include a median, accesses, and frontage road. Staff will bring costs and more details to the May 21, 2007 Council meeting. 11. UNFINISHED BUSINESS a) Boulevard Tree Policy Financial Update - Engineering Staff presented financial information for the removal, stump grinding, and replacement for the backlog of boulevard trees. Staff has taken an inventory of all locations on the backlog list and found there are 225 trees that need to be replanted. An estimate was received from a contractor for $125,000 to remove trees, grind stumps and replace the trees. Funding would come from the Private Capital Projects Fund. Staff requested approval to go out for bids. Councilmember Wilson was concerned that we should not set an expectation that future boulevard trees would be replaced. City Administrator Herlofsky noted that is where the policy would come into place and that will be brought to Council at the next meeting. The City would continue to maintain boulevard trees. Councilmember Pritzlaff agreed with getting the backlog up-to-date. His concern was once it is up-to-date how do we not fall back into this same type of inventory for tree removal. Staff explained Council set April 2, 2007 as the cutoff date. If the policy is approved that when boulevard trees come down, they would not be replaced, but the City would remove the tree, that would solve the backlog problem. Last year 31 trees blew down and that is a manageable number. The problem was the funding to replant the trees. City Administrator Herlofsky explained in the past people were promised the trees would be replaced by the City. That practice will end, and trees will not be replaced in the boulevard. MOTION by Wilson, second by McKnight to authorize the advertisement of bids to remove, grind stumps and replace the trees on the backlog list. APIF, MOTION CARRIED. b) Approve 2007 Storm Water System Monitoring - Engineering Staff contacted the Vermillion River Watershed Joint Powers Organization, the MnDNR, and the Dakota County Soil and Water Conservation District regarding assistance with funding this project. The VRW will be able to fund a portion of the project. The DNR is not able to help financially, but will help with staff time and equipment. The Soil and Water Conservation District is not able to assist with the project. The cost of the project is $14,880. MOTION by McKnight, Council Minutes (Regular) May 7, 2007 Page 5 second by Fogarty to approve the proposed 2007 Prairie Waterway monitoring project. APIF, MOTION CARRIED. c) Approve Park Planning Services Proposal- Parks and Recreation Parks and Recreation Director Distad requested approval for master planning services from Hoisington Koegler for Riverbend park, Farmington Preserve, and the community park area in the southwest comer of the Fairhills development. In 2007 staff proposed for the Riverbend park and Farmington Preserve staff would be responsible for holding public meetings and developing the master plans. In the Fairhill development, staff would like to use Hoisington Koegler throughout the process. Staff would also like to use the consultant for developing cost estimates for all three parks and to create a final rendering of the parks. Councilmember Fogarty agreed with using the consultant for the Fairhills park and asked if we would be able to use the knowledge gained from this park for an adult softball type complex in the southern area of 19Sth and not have to use a consultant. Staff noted the softball complex was created by the consultant last year. She assumed by electronically retaining the plans for these three parks, that would decrease consultant costs to put more money in the parks. Staff agreed. Staff would like to utilize professional services for the community parks, the next one being Rambling River Park. Community parks bring a number of different issues because of the number of users of the parks. Councilmember Wilson felt it was nice to have a good plan, but he also wanted to have the work done. He did not want to use a consultant, and then wait 2-3 years for the work to be done. Staff agreed it is important to implement the plan once it is done. MOTION by Fogarty, second by Wilson to approve the proposal submitted by Hoisington Koegler for park planning services. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Workshop Meeting Schedule and 2008 Budget Calendar - Administration City Administrator Herlofsky provided a schedule for 2007 workshops as well as the 2008 budget. On June 11, 2007 the Planning Commission would like to meet with Council to discuss stage development and then Council can discuss priorities for the 2008 budget. On July 9, 2007 there will be another budget workshop. August, November, and December dates are still open. Councilmember McKnight noted Council will bring their budget priorities to the June 11 Workshop, but by June 14 departments have to submit their budget requests, which does not leave a lot of time. City Administrator Herlofsky noted having Council priorities will help staff review the budget documents and be aware of Council concerns. Council Minutes (Regular) May 7,2007 Page 6 b) Approve Economic Development Contract and Market Study Contract - Administration As a result of the EDA meeting in April, two proposals were brought to the EDA. One was to hire a consultant to assist with economic development activities with a retainer, and the second was to address the need for a market study for commercial and industrial properties. The source of funding is due to a vacancy in 2007 which will provide 40% of the funding. Councilmember McKnight asked about the contract with Mr. Fursman and the estimated cost being $12,000. There is a monthly retainer and an hourly rate. $12,000 will not provide much for an hourly rate. City Administrator Herlofsky noted that is for activities in excess of the retainer hours. Councilmember McKnight stated the EDA reached an agreement on the need for these two contracts. City Administrator Herlofsky will control the contract with Mr. Fursman. The commercialfindustrial study is the gap the Planning Commission was missing for the comprehensive plan. Councilmember Wilson stated the previous study focused primarily on the Vermillion River Crossings area. He asked ifby spending this money we will get a better picture of what the market can handle. City Administrator Herlofsky replied we need to determine what businesses are looking for to come into the community. The study will put us in a position to say what do we have and what do businesses look for in the quality of a community to help us determine what are our strengths and what do we need to look at. Mayor Soderberg stated the Spruce Street market study helped us determine how much retail space the area could support. That was around 200,000 sq. ft. He assumed we would obtain that same type of data for industrial development. Councilmember Wilson suggested making a CD showcasing what we are about in Farmington and making that available to people who are interested in bringing business here. City Administrator Herlofsky felt that would be good to do after the market study. Councilmember Pritzlaff stated we will be able to figure out more of what the community needs rather than marketing the City to the businesses. City Administrator Herlofsky replied we will be more effective in marketing the City with this information. The first study was specific to one area, this will look at the entire City. Councilmember Pritzlaffhad a concern with wording in the contract regarding looking at development near the new high school. Councilmember Fogarty noted the EDA will be paying for half of this plan. They are trying to form an economic development plan. Councilmember McKnight asked if this study will incorporate the types of businesses to come to Farmington in 5-20 years. City Administrator Herlofsky stated he will be putting the contract together with Mr. Fursman for the Maus Group to fine tune issues and to make the document more useful over a long period oftime. Council Minutes (Regular) May 7, 2007 Page 7 MOTION by Fogarty, second by McKnight to approve the Economic Development Consultant Contract from Mr. Richard Fursman and a proposal for a Commercial/Industrial Market Study from the Maus Group with the funding sources identified. APIF, MOTION CARRIED. c) Vermillion River Crossing Update - Administration In August 2005 Council approved a development agreement with Vermillion River Crossings, LLC. At that time as part of the development agreement the Council agreed to the extent then permitted by law, the City will enter into a tax abatement agreement with respect to the project as soon as reasonably possible and as to the extent that tax abatements are received, the City will pay the proceeds to the developer in order to reimburse the developer for the cost of the assessments paid including any interest. The tax abatement agreement would provide that tax abatements would be paid for the maximum 10 year term allowed by law for each parcel, commencing in the year of full assessment of the initial improvements. This was to pay for the assessments that would be paid by the developer to pay for the bonds which paid for the Spruce Street extension. Subsequent to this developer agreement, on May 15, 2006, the Council amended the developer agreement, which excluded a couple of parcels from special assessments, and extended the period to a I5-year abatement period which is now accepted by law. The statute was changed between 2005 and 2006. Instead of a 10-yearperiod, there is now a 15-yearperiod for abatement. There is the possibility of a 20-year period for abatement. This requires the City to request of the school district and the county to participate in the abatement. Negative declarations would be needed from one or both of those entities in order to extend the abatement to 20 years. Vermillion River Crossings LLC is in the process of changing partners and financial support. As part of that, the Knutson's, have requested staff bring the abatement to Council originally agreed upon in the development contract in 2005. As part of that abatement agreement, a public hearing is required and is proposed to be held on May 21,2007. At that public hearing the actual abatement agreement would be prepared and brought to Council for review to come to an agreement with the developers on the abatement agreement. Because of the change in financial partners, the developer is requesting the abatement agreement would include the 20-year provision. The amount of abatement which would be necessary to pay back the special assessment of $2 million plus interest, would be more easily paid back over the 20-year period than over a I5-year period. The amount of market value build out required by the project to pay back the assessments would take longer than 15 years. This means if the Council directs staff to include the 20-year provision, the properties in the development area would not contribute to the City's tax base for an additional five years. Those properties would contribute to the school district and the county tax base. Because of the election of abatement, the property tax value which would be included in the City's taxable area would not include the abatement area. If Council Minutes (Regular) May 7,2007 Page 8 Council chooses the 20-year period, there would be an additional five years that those properties would not be on the entire tax rolls of the City. The developer and partners are requesting this so they might recoup as close to the full amount of the $2 million plus interest as they can. They believe 15 years will give them significantly less than $2 million plus interest. A public hearing will be held on May 21, 2007 after staff receives Council direction on the abatement agreement. Councilmember McKnight asked for the pro's and con's of going to 20 years. Finance Director Roland replied the idea of doing abatement was put forward as part of the development agreement in order to assist the developer in bringing commercial and retail properties to the City. Council was committed to that at that time and saw the need to provide additional incentive in order to support the development. The developer would have difficulty paying the $2 million worth of assessments and providing themselves with an appropriate internal rate of return. The properties would not contribute to the tax base for 15 years. They would be paying the special assessments which support the bond issue. The availability of abatement would bring a more palatable situation to the development. It does mean foregoing an additional five years of tax base. Councilmember McKnight stated this comes down to Council's desire for an expanded commercial tax base in the area, compared to Council's desire to have more businesses in town for the resident's to spend their money. Finance Director Roland stated the first year for the abatement is 2006. The properties currently there do not see increased taxable market value until 2008. Once entered into the abatement agreement, the assessments would be paid and the developer would receive the City's portion of the taxes rebated to them to the extent of the special assessments and if there is any money in addition to that amount, there would be pre-payment of special assessments out of those funds. Going to 20 years would not re-start the time the abatement started. Councilmember Pritzlaffasked ifbuild out was done in 15-20 years, what type of dollar amount would the City not receive. Finance Director Roland replied the market value required to substantiate tax abatements for $2 million plus interest would have been in the $39 million market value range. This would equate to $700,000 in tax capacity value per year. Mr. Tim Velner, Attorney with Holmes and Associates, explained what they are proposing. The taxes generated by a parcel are split among the City, county, and school district. Each jurisdiction has the option of granting abatement which means that its portion of taxes generated by a parcel of property can be assigned to an entity that provides a public benefit. There are some restrictions. One is the term. The statute was changed to 15 years and can be extended to 20 years upon a request to the other taxing jurisdictions and either a denial from them to contribute or failure to respond within a specific period of time. Another limitation on tax abatement is once a parcel of property is granted tax abatement, it can no longer be granted abatement for an additional eight years after that. The terms of the development agreement were that the developer would be reimbursed Council Minutes (Regular) May 7, 2007 Page 9 $2 million plus interest they would pay through special assessment through tax abatement. Through abatement, once the $2 million is repaid, the abatement ends. If it is extended to 20 years and the abatement is paid back in 10 years, the abatement is done. It is not true the abatement would be for 20 years; that would be the worst case scenario. Ifit went for 15 years, and the $2 million plus interest was not paid back in 15 years, the developer would lose, because there is no condition to extend it. If the abatement is capped at 15 years and the developer does not meet the $2 million, the City gets a windfall and the developer is left holding the bag. The extra five years is not anything the City has not already bargained for, it is putting the parties in a position they bargained for in the development agreement. Finance Director Roland stated that is a true statement if you believe that the build out to the market value level is going to be achieved in less than 20 years. You can only get taxes off of properties that have market value. Ifthere is no market value, there are no taxes and therefore, it is not paid back. If the market value exists then it could go less than 20 years. However, if the market value of the property does not exist, you would have to go the full 20 years in order to pay back the developer. Councilmember Pritzlaffwas concerned with changing the agreement. Finance Director Roland stated Ehlers will be present to present the abatement agreement on May 21,2007. Councilmember Pritzlaffwanted a time line of what will happen when. Staff has asked for time lines and the developer has done their best to provide them. The abatement agreement that is being put forward in two weeks hinges on the 15 or 20-year period in order to satisfy the banker's request to make them feel comfortable enough to finance the project. Mr. Art Dickinson, with Moss and Barnet and representing the Knutson's, understood the assessments related to the Spruce Street extension and bridge was not something the developer had asked for at the time, but was something the City wanted to connect the old downtown with the new development. The developer did not ask for special treatment, the City wanted that connection to keep everyone from going to the new development. The developer agreed to the special assessments, but that was under the condition they would have a good shot at getting them paid back. They are hoping to have a closing on the refinancing on May 22, 2007 if the abatement agreement is approved on May 21, 2007. This would be the final stage in the Pederson's being bought out of the partnership and the development being able to move forward. Councilmember Wilson asked if it was possible to obtain a broad sense of how the developer pictures the rest of 2007 and 2008 based on current market conditions. Mr. Dickinson replied there is interest and we need to do it one step at a time. The first step is taking care of the partners, and then they would be glad to give a presentation to Council. Council Minutes (Regular) May 7,2007 Page 10 Councilmember Fogarty stated she wanted to correct Mr. Dickinson. It is true the City wanted the bridge to connect the area, but it is also true Council was looking at the different options because the development would need more than just access from CSAH 50. The abatement was more of a compromise in that we recognize that the type of infrastructure needed to make it work nicely with the City was terribly expensive. There was a grant from the Met Council for part of the bridge and that is why Council was willing to do the abatement for the 10 years, because we acknowledged that was an expensive infrastructure. The developer went into it with the understanding that it was also something where we needed more access than just CSAH 50. She noted Mr. Velner commented that if we only did 15 years and the infrastructure was not paid off with the abatement by then, that the City would get a windfall and that your developer would be holding the bag. That is not necessarily fair. This was necessary infrastructure, maybe it did not need to be this type of infrastructure, but it was needed. She was uncomfortable with some of the language being used, because this was needed. She asked if she was being told that the Knutson's will not be able to get the financing they want going into this with a new developer if we do not grant a 20- year abatement. Mr. Dickinson stated the Knutson's have talked to over 25 lenders to come into the transaction. The proj ect is at a critical stage. He could not tell Council the person will not come in if it is not 20 years. He could say the person has a tremendous issue with the amount of abatements and the potential if the lender had to take over the project, that they would not be able to get the full amount of their abatement back. It makes it easier in that it gives some breathing room. He has indicated this is the final issue that has to be dealt with before he will fund, which will take care of the Pederson situation and allow the project to move forward. The Knutson's will be the only owners of the entity. The abatement agreement is contingent upon the Knutson's being able to get the funding to take out their partners. The Knutson's have found a great partner in First Capital to promote the project and to bring the project to what everyone had envisioned. Councilmember Fogarty asked if Council were to agree to extend the abatement agreement for 20 years are the Knutson's or First Capital comfortable with inserting language with some guaranteed deadlines. If Council extends the agreement for 20 years, they will be asked what assurances did you get from this developer that it will happen. Mr. Dickinson felt they would be open to discussing it, but the lender's pressure is far greater than what she has suggested. If the project is going to go, it has to be quicker than 50% build out in three years. Mayor Soderberg stated there is no lessening of incentive to get the project going and have businesses built out there and finishing the infrastructure. Mr. Dickinson replied the incentive is much greater because of the time of the year it is already. Mayor Soderberg stated ifthe school and the county say yes, how much would that change things? Finance Director Roland stated that would be more along the lines of traditional TIF. If one or both were to agree that would Council Minutes (Regular) May 7,2007 Page 11 double the amount of tax dollars going to the project and that would pay back the assessments in a much quicker time frame. However, historically neither the county nor the school district would be interested in an abatement agreement since the City would be the lone beneficiary of the abatement agreement. Mr. Dickinson noted counties and schools have never said yes. Mayor Soderberg stated Vermillion River Crossing is 29 developable acres out of a 40 acre parcel. That is 10% of the whole Spruce Street development. When looking at the plan put in place to develop the whole area, this is a catalyst to get things going. He supported the abatement in order to provide the catalyst. There has been demonstrated interest in that area and it is ready to go. The businesses there are doing better than projected. While Council would be abating taxes potentially up to 20 years, it will provide a new foundation for additional development. This is 10% of the whole Spruce Street corridor. It does not abate taxes on any of the residential proposed south ofthe river, it does not abate taxes on any of the development proposed west of the Vermillion River Crossing, and those are areas that once this is up and running, will generate interest that will spread quickly. We have committed to this project and we have committed to paying off the bridge and that is what this will do. He supported the change to 20 years for the abatement agreement. Councilmember Pritzlaff asked if this sets a precedent for any commercial to the west. Finance Director Roland replied there is that potential. However, with the study that will be done by the ED A, Council will have more of an outline of what the market will bear and will be able to say this is how far we will go and not any further. Council will have more substance behind decisions they make. Mr. Dickinson noted the Knutson's are the sole equity owner, but they are using experienced developers. First Capital has done numerous projects and they will be providing the expertise and make sure things move along quickly. Councilmember Wilson stated there is a ceiling of $2 million plus interest, so we are discussing a greater period of time for the developer to capture their maximum potential dollars. The dollar amount has not changed. Councilmember McKnight stated staff heard Councilmember Fogarty's concerns for outcome based information in the abatement agreement. With that he will support the 20 years. Council reached consensus to support the 20 years for the abatement agreement. Performance measures will be placed in the abatement agreement and it will be brought to the May 21, 2007 Council meeting. The road will be completed by August 1, 2007 so the bridge can be opened. Council Minutes (Regular) May 7,2007 Page 12 d) Adopt Resolution - Opposing Farmington Being Placed in the Metropolitan Transit Taxing District Councilmember Fogarty proposed a resolution opposing Farmington being placed in the metropolitan transit taxing district. Representative Garofalo was concerned the Governor would sign this bill. The transit taxing district pays a tax for public transportation. Farmington does not have any busses or park and rides and would not benefit from this, yet the legislature is proposing to include everyone in the seven county metro area in the transit taxing district. For Farmington, the first year would cost $209,000 which the City would pay in taxes and receive no benefit. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R40-07 opposing Farmington being placed in the metropolitan transit taxing district. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) May 14,2007 Council Workshop This workshop will be a tour of the parks. The workshop starts at 6:00 p.m. with Planning Commission interviews being held at 5:30 p.m. Councilmember Fogarty: She encouraged everyone to vote tomorrow. She read an e- mail she received from a resident regarding the election for the sportsplex. Councilmember McKnight: Thanked the Police Chief and Fire Chief for the mock crash held at the high school. It was very well done. He attended the Arbor Day celebration and thanked staff for their work. He noted in the update it was mentioned a couple businesses being left off the Elm Street project mailing. He asked ifthere would be another mailing. City Administrator Herlofsky stated if another mailing is done, it will be expanded. Councilmember McKnight realized no offense was meant to any of the businesses and Council will do their best to remind residents to shop downtown while Elm Street is under construction. He reminded everyone to vote. Councilmember Wilson: Attended the National Day of Prayer and thanked Justine Jacobson and everyone on the committee for planning the event. He was with his cub scouts at the park and pond clean-up and it was a nice event. Parks and Recreation Director Distad noted 1.58 tons of garbage was picked up. Councilmember Wilson thanked the Parks and Recreation Department and Solid Waste for working along with the volunteers. He stated there are several ways to communicate with Council. Yesterday he received a communication from his second grade neighbor which was taped to his door saying no more houses in Farmington. He thanked her for this communication. Councilmember Pritzlaff: Asked how many businesses were left off the Elm Street mailing. City Administrator Herlofsky replied it was a small area across from the Eagle's. Staff is determining how much of an area towards TH3 should be included. Councilmember Pritzlaffhad a resident contact him regarding a pond behind his house with a thistle problem. City Engineer Mann replied depending on the time of year depends on whether they spray or cut them down. Councilmember Pritzlaffnoted there Council Minutes (Regular) May 7,2007 Page 13 was a petition for the Elm Street detour route. One person suggested three speed bumps on Division Street. City Administrator Herlofsky and staffhave talked with the resident and the traffic will be managed. Councilmember Pritzlaff asked if notices for the assessment have been sent to Sunnyside. Staff noted notices have not been sent yet, because it was late in the year and notices will be sent when the final lift is put on. Councilmember Pritzlaff noted some of the sportsplex signs were defaced and stolen from personal property last week. Whatever group of people is responsible for this, this is not acceptable. Signs are a way for everyone to get their message across. This was a rude act by a group of people. Taking signs off personal property, wrecking signs on personal property, makes it personal. He would like the group to come forward. He asked everyone to vote. If it fails, he would be one of the people at the table to partner and work out issues where the current ice arena is located. Mayor Soderberg: Encouraged people to vote. The sportsplex has received a lot of attention and there are feelings on both sides of the issues. He attended the National Day of Prayer and noted it was well attended. Council recessed at 8:50 p.m. 14. EXECUTIVE SESSION a) City Administrator Performance Review Council reconvened at 9:03 p.m. for the City Administrator's performance reVIew. 15. ADJOURN Respectfully submitted, {~~:zr~~ )7'7~~ .;:;./ Cynthia Muller Executive Assistant 7/; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administratov.-.) ':{3 -' FROM: Robin Roland, Finance Director SUBJECT: Revise City's Capitalization Policy DATE: May 21,2007 INTRODUCTION In 2004, effective for the December 31,2003 financial statements, the City adopted a capitalization policy which outlined the procedures and schedules which would be used in capitalizing any and all City buildings, equipment and improvements from that time forward under Government Accounting Standards Board (GASB) Statement 34. The policy requires revision at this time. DISCUSSION During the course of the City's independent audit of the December 31, 2006 fiscal year, infrastructure assets (roads, bridges and mains) were capitalized as prescribed by GASB 34. Useful lives previously established in the capitalization policy were determined to be appropriate with the exception of "Streets/Roads - Paved" which had a depreciable life of 20 years. It was determined that a more appropriate life of 30 years should be applied to this class of asset. ACTION REQUIRED Adopt the revised Capitalization Policy effective for the December 31, 2006 year end and all subsequent years. Respe~tfull~y submitte~, / />/ .,. f /r:~/- :;,~ I I Robin Roland ( Finance Director RESOLUTION NO. R -07 CITY OF FARMINGTON CAPITALIZATION POLICY This policy defines dollar thresholds and descriptions for categories of capital assets for all Departments of the City. Capital Assets Definition Capital assets include land, buildings, building improvements, construction in progress, machinery and equipment, vehicles, infrastructure and easements acquired by the City for use in providing services to its citizens. A capital asset is to be reported and depreciated in government-wide financial statements. In the government-wide financial statements, assets that are not capitalized are expended in the year of acquisition. Infrastructure assets are long-lived capital assets that normally can be preserved for a significant greater number of years than most capital assets and are normally stationary in nature. Examples include roads, bridges, tunnels, drainage systems, water and sewer systems, and dams. Infrastructure assets do not include buildings, drives, parking lots or any other examples given above that are incidental to property or access to the property. Inventory Record The City shall inventory all capital assets. Each inventory record should include: description, year of acquisition, method of acquisition (e.g. purchase, donation, etc.) funding source, cost or estimated cost, and estimated useful life. The inventory record will also identify the function(s) that use the asset. Recordin2: Land Land is to be capitalized but not depreciated. It is recorded at historical cost and remains at that cost until disposal. If there is a gain or loss on the sale of land, it is reported as a special item in the statement of activities. Recordin2: Buildin2:s Buildings should be recorded at either their acquisition cost or construction cost. The cost of new construction should be carefully evaluated because projects usually consist of major components such as land, land improvements, building construction (including professional fees and permits), furniture, fixtures and equipment. In addition, buildings include components such as roof, air conditioner system, etc that should be recorded separately when significant because these building components have different useful lives. The value of each component needs to be determined and placed within its own category. Recordin2: Buildin2: Improvements Building improvements that extend the useful life should be capitalized. Examples of building improvements include roofing projects, remodeling or replacing major building components. Recordin2: Construction in Pro2:ress Construction in progress should be capitalized and not depreciated. It should be reported with land and other non-depreciating assets at the government-wide level. Unspent debt proceeds from capital assets related debt are reported in the net assets section of the statement of net assets as "restricted for capital projects." Recordin2: Machinerv and Equipment (Includin2: Office Equipment) Assets such as furniture, machinery and equipment (that meet threshold levels) should be capitalized and inventoried. Some assets, individually, may fall below the capitalization threshold but may be purchased in large quantities by the City e.g. computers, books. City staff should aggregate such assets and consider the materiality and significance of them and if material or significant capitalize such items either individually or in the aggregate. Recordim! Vehicles Vehicles should be identified, inventoried, and depreciated. Recordin2: Easements An easement is an interest in land owned by another that entitles its holder to a specific limited use of the land. Therefore, easements are not required to be reported unless the City paid for the easement. Establishin2: and Settin2: the Threshold Levels for Recordin2: Capital Assets The following elements of useful life and asset costs are established for capitalization of assets: Estimated Useful Life - the first criterion is useful life. An asset must have an estimated useful life greater than one (1) year to be considered for capitalization and depreciation. Assets that are consumed, used-up, habitually lost or worn-out in one year or less will not be capitalized. Asset Cost - The second criterion for determining depreciable capital assets is cost. The capitalization threshold shall be established as follows for per individual asset item. Land Construction in Progress Building and Building Improvements Infrastructure Machinery and Equipment Vehicles Capitalize and Depreciate Capitalize Only Capitalize Only $5,000 $5,000 $5,000 $5,000 Depreciation Definition Depreciation is the process of allocating the cost of tangible property over a period of time rather than deducting the cost as an expense in the year of acquisition. It is the City's policy to use the straight-line depreciation method. The basis of the asset is written off evenly over the useful life of the asset. The same amount of depreciation is taken each year. In general, the amount of annual depreciation is determined by dividing an asset's depreciable cost by its estimated life. The total amount depreciated can never exceed the asset's historic cost. To avoid the complications of depreciating each asset from the specific date on which it is placed in service, the City will utilize a half year convention. Under this convention, property placed in service at any time during a given year is treated as if it had been placed in service on the first day of the ih month. If the property is disposed of before the end of its useful life, only 6 months depreciation is allowed for that final year. To calculate depreciation on a capital asset, the following four factors must be known: . The date the asset was placed in service . The asset's cost or acquisition value . The asset's estimated useful life, and . The depreciation method Obtaininl! an Asset's Cost of Acquisition Value Capital assets are reported at historical cost and should include the cost of freight, site preparation, architect and engineering fees, etc. If something other than cash is used to pay for the asset, then the fair-market value of the non-cash payment or consideration determines the asset's cost or acquisition value. When the value of the consideration paid can't be determined, the asset's fair-market value determines its cost. With few exceptions, an asset's cost should also include necessary costs incurred to place the asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, capitalized interest as described earlier, duties, title search, registration fees, and installation costs). Exceptions to this rule include interest expenses associated with deferred payments and real estate taxes paid, if any, in the acquisition of property. Establishinl! Classes of Assets The City establishes the following major categories of capital assets, with further details defined in Exhibit A attached hereto and made a part of this policy. Land Buildings and Building Improvements Construction in Progress Vehicles Machinery and Equipment (Including Office Equipment) Infrastructure Adopted this day of 2007. Mayor Attested to the _ day of 2007. City Administrator SEAL Asset Type Non-Infrastructure Land Land Improvements-ground work EXHIBIT A CAPITAL ASSETS CLASSES Examples Ballfields, landscaping, sprinkler system Buildings & Building Improvements Building Improvements such as: Electrical/Plumbing HV AC Systems Roofing Carpet Replacement Vehic1es - Cars and light trucks Fire trucks Equipment- Heavy Construction Equipment Firefighting Equipment Air-conditioners, heating, ventilation systems Ladders Backhoes, trucks, dozers, front-end loaders, tractors, graders Hoses, breathing apparatus Depreciable Life In Years No Depreciation 20 50 20 20 20 5 5 20 10 10 Radio, Communications Equipment Mobile, portable radios, camcorder, radar 5 Telephone systems 10 Recreational Athletic Equipment Custodial Equipment Grounds Equipment Office Equipment Infrastructure Easements Water Systems Sanitary Sewer Systems Lift Stations Storm Sewer Systems S treets/Roads Paved Non-paved Pitching machines, treadmills, scoreboards, 10 bleachers, playground equipment Floor scrubbers, vacuums Mowers, tractors and attachments Desks, chairs, computers, printers Mains Mains Curb and gutter, mains 5 10 5 No Depreciation 50 50 50 50 30 No Depreciation ~ '0 Q) > (f .~ Q) cr ?ft#.cf.cf.#-cf.?J?cf.cf.?f!. vvCV)COmNMf'--vN V r---l'--.vQ I"'---M{OMO'l c:icDcr)o~~MMM~ .,....(()MNNM MT'"" Q) " e "' Cii III o.......VmCOCOODOlO C'\j.,....O..-r---O'lOONIO LOOlOQ')O')C"")OO1MlO C""if'--R..qR-.:iT'""-lOROROORMC>> C"')N<OlOQ;llOlONCDCD N NM'I"""" 'I""""..q <DR ,..: "" ~ o f- OM<O.,....NNOOOlO f'--M<o:tCONOOOCOM o>vNOO<OO......CO..- r.Ouioior:ia:5o:iLri~CD-l,{)- N ON.......ml'-- 0)...- CO o. "" co '" cO ;n_ " Q) o "" ~ '" N '" '" ~ to '" .... o '" ~ 00 ;:!: 15. Q) (/) .... '" cO N '" g ..: '" N N m 00 .... 2: :J ..., ~ "' E", EO :J"'. (/).... Q;w 0> '0 :J III Q) C :J ..., o CO CO o '" e ,., "' :2 N A'" 1"'--0:)""'0000 "'''' 00 r--...,....vONt--LOCD<O.,.... co O>OlOr---CDLOr---N.,....c.o 9- m cri..,;r-:r.!i or:ict5 or:iCt'i 00 N 00 co ~ N '" ..: '" N "" "" 00 '" .......MNO'>O '" "'co '" co .... "'.... .... '" ....co'" 00 MOCOo>Of'--M.,....<O Co '" r-:oirrior:ict5 or:ia:5 CD '" N~ N '" :2 '" '" '" "" "" :;: ro lOOC"')O'lo.,....oa lOONN .... "'00 '" '" '" l'--Q')lOvQ":l...... "'N .c N- Mm,...:""-"'-oo- 05N' Q) 00 ~'" .... ~ "'''' "- '" "" co N.... "'OCO 0> '" 00 .... .... '" .... N "'....'" co c cO or:ior:i "":00 0 "' ;n. N '" ..., ~ N '" o <.0 00 '" 0; o co N '" '" co cO ;0 '" co o ,..: co 00 "' ell '0 C :J "- co o o N "" --", <.l e .. iO al 'C e " u.. "" "" ....Cii 00> 0'0 N :J III 0000000000 mlOLOoooooocn vvf'--ooooooc.o ONMcr>Oor:iLriO-o-v- <DM/"-r--......lONMm'l"""" co M"=tN NlO <ri 00- e 0 'g " <fl Q) 0 e 0 C, c e '~ :J 0 " "' " "- ..: "6 c U '0 C :J "- Q) :J e Q) > Q) crQ)u; ~.~ ~ 00 a3 ~ ~ C/) ~ E(j).Eg U) I- E '- C Q.) G)>,(/) (J).E(I)C~ E1:~!!? ~(l).5~~ ~~ai~~EJ~~~~ ~~:3&~~6.;~~ "" "" "" ~ o f- '0 Q) '0 ~ C o ~ W cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.cf.?f!.cf.cf.cf.cf.cf.cf.cf.cf. QvQlONDCOMCOlOlOf'--COr---.,.....,....Nf'-OM............Q')f'-Q')Q')Q') <OlODCOIOO<OlOvMOvONmOCOf'-v{ON.,....lOC,O.,....(V')N Mmoaooo~mcDoom~~~~~Mo~ro~~ro~~~m MN MN MC'\l.,....NNM NNMM N......NMNNNNN Q) " e "' Cii III Cii o f- " Q) o ~ Q) (/) g ..: 2: :J ..., Q) C :J ..., ~ :2 9- ..: "' :2 .c Q) "- e "' ..., ....11 au ~~ N ~ '" ~ 000 ON '" 00 '" "" '" N ~'" "'''' L()-OR N co "" ....N "'co OON r--:~- '" "" N~ co'" "'''' T'""-ci '" "" 000 '" ~ OON MO. '" "" o ~ ~ .... co'" ~a5 ~'" "" ~ '" co 0 '" '" l.O-M- .... '" '" "" "'''' N.... N'" olfi ....CO roN~L()OOm~~m~ON~vL()T'""L()mMOL() MT'""MNNL()mOmmrovro~~~OOT'""mMN ~~roL()mNN~ommMNOOL()mmroL()~ ~oMMo~Mmr--:MNci~~~mMNm~ci MvmmoomMNMovNroNOOL()~T'""VT'""N C"')T'""T'""vvN v NN M MT'""MT'""O ~ ~ "" > > 0 0 Z Z "" U U 0 0 "" 0>'" N'" "'0 ~c.D "'co ~vMmNomOvNOOOOOOT'""L()mmmOOOL() O~vNMmMNOmNL()T'""L()NT'""mmOOID OOmNvvNL()~ML()OT'""OOmL()MIDT'""room MOOOOMc.D~Nr--:N~~ ~~~NmM~ciM L()L()MOOOv C"')T'""mN vmMMvvT'""vm T'"" 'l""""IDT'"" T'"" T'"" T'"" T'"" T'"" V N "' .0: "" "" "" "" "" co~ 00 ~ "'co c;n- 00. T'""vML()~mT'""L()~mvNIDMMOT'""OOOID ~ L()NL()MNMOvOOM~~mL()~ID~L()T'""O~ N OOIDMT'""OOT'""L()L()OOmM OOOL()L()L()OOT'""om M N~mNooIDNa5 ~m ~mci~N~moM m VT'"" L()L()C"') N MN v T'"" L()'I""""NvOO M co NO coo "'''' r.Dl{)- O/"-"""'T'""(j)I.O/,,-vI,{)MUi CDO'l""""CO'l""""Q)'I""""MtOc.oN """'CON.,.....,....'I"""" LOCDCO..;t Ml[')-m-rrio:il.!i a:io:i--:ici M.,.... vvC""> oc:t .......M CX)(QNO"<1'O'lLn mLON..--,....MtO ......'f'W"vI.OMvf'.. ..,f~c:il.lioiN-f'-,.- M..q.,.... N......N '" '" N'" 00 '" "':cO mvrn..-MCO.,....NMI.C)N OvCO"l""""C")CO'l""""NOOO.,.... CDOO"-vOl.O (0"""'<0""- 'f:'""-M-m-~cDoi I.{) MM- v....... I.!);:!:('i') N NM (Dl!)ONcom"'=t lC),......MCO,....COM I"---NI.ON,....COO M-a50No)T"".C,r M'I""""'I""""'I""""('I')....-M N.... "'C1) co'" ""':L()- ~ ......CO'l""""m CD,....N m mLONOO a)cri""':cO N N I"-m-.::tNMcor---mmlO......c.ocor-.... COmo::lOU')M ..-c.ol.{)..-COc.oc.o l.{)tO"":::t"I'--"":::t"M OO)..-CO O)"":::t" l.{)-"":::t"-O-tO-M-...[ l.{)~~~O- l.{)-I'--~ M..-..-Ml.{)M M NM MN N co "'N l.{)_ to_ OM ~ N l.{)tOm"":::t"OtOo"":::t"MtOOOON~OO"":::t"~..-OO "":::t"OOI'--~tO..-ONOl.{)OOONOo)CO"-I'--MO) l.{)tOOo)Ml.{)OO"":::t""":::t"NI'--~..-OtOOOc.o..-tOl.{)tO ~mN~~m~~m~IDONN~~MID~~...[ OOo)M"":::t"OOOMc.o"":::t"O)tONMN..-O)N~tOl.{)..- "":::t"..-NtOO"":::t" l.{) NM ~..-..- ~..-~~~ N ~ "" Cii o f- c c ,., Q) Q) ~ [6 ~~ w 8E oo~~ ~~ .~~ 6 g~8~~ ceu >~~w~ ~ _rnec~~ I c o~w ~.~woo~ w ~~~rn_e_ e B ~g~ ~.5.~c~ rn~ ocg~~~8 ~.~goo.~&.~ ~~~~g .~E ~.ffi&~~.~~ ii.~6~C~8.~~<~g~ ~m~ ~~~~~~~~ ~.~.~~~~~~~~~g~~ ~.~~0m~~~~~~~ ~~~~8~~~~8&~E~~&~~a~~~~~~&~ tOO~"":::t"..-NNO~O..-N~O~O..-..-NMvtOON~~ O..-..-..-..-..-NMM~l.{)l.{)l.{)tOC'OI'--MI'--I'--I'--I'--I'--O)O)O)O ~~~~~~~~~~~~~~~~~~~~~~~~~~ e Q) o '0 e :J "- N ;;; N- ;0 N 00 co m 00 '" "" '" '" "'- 00 '" 00 '" co '" ;0 "" " o 0- '" "' >, ~ :> .... o o <)l f2 :J ~ ~ u:: '" c ! >, ro " ~ '" ~ ~ " <JJ ~ .3 ~ I B "'- <JJ2- i?O '" '" J<l g c '" '" c 5~ <.> '" 0<'> ~g O<JJ '" '" 00 on 00 '" ...... '" '" N <Xl C1) "" .. <.l e .. iO al ... e " 14. '0 Q) o .~ 6" Q) <.> Q) e:: Q) <.> e '" ro OJ :s o f- ;of!. o -<i a) '" "," "" '" <f> <f> '" CD "'- ~ ~ <f> <f> ;of!. ('0 '" ...: "" '" '" a) "," '" "" '" "," '" ;of!. ro '" -<i "" a) '" o "," <f> <f> '" .... '" "," <f> <f> 0"- N ;;; cD '" a) CD" ;of!. .... ::;: "" .... '" ....: "" <f> <f> '" '" '" .0 '" ~ <f> <f> 0"- "" '" ...: "" '" '" o a) '" '" .... o cri '" ;of!. o '" N .... CD. .... o '" ffl f:l7fflf:/7 '" a) '" .0 '" t/7 fflf:l7fh cf2.#- a) a) 00 aiui '" ...."''''' ~ 0 ~ "'''''''' ~.q:L!i '" ~ '" ~ ~ '" "'''''''' 0'" '" ""~oo a)cDLti .... '" ;of!. "" .... N .... "" '" '" o CD <f> <f> '" "" '" a)" ;: <f> <f> .c a: ;of!. a, 0#- '" '" a) "" a)" '" a) """ .... '" a) ....: "" "'" e:- '" E E :J 00 a; Cl '0 :J OJ <.> Q) o > o Z n o 9- Q) CIl g- <( ~ :J ..., Q) e :J ..., ~ :;; 9- <( ro :;; .0 Q) LL '" '" ..., '" .... a" <f> <f> <f> '" .... 0" <f> <f> .... o a) .... N <f> "" '" "" CD- <f> .... '" '" M '" '" a) o CD '" .... '" "" .... m- ,....~ ~ <f> CD o .... ",. <f> :! ~ .0 :! .... :! ~ ",. :! ... :! ~ .0 .... <f> :! ~ .0 :! .... :! .0 .... .... :! ~ .0 :! .... :! .0 :! .... .... .... .0 .... .... :! ~ .0 .... co <0 <0 ....: :! .... a) ~ r: .... "" .... <f> <f> II> o '" "". <f> <f> II> '" a) '" "" ~ '" <f> o o .... <f> '" o <f> a) o '" <f> '" ;;!j M II> '" .... '" M II> '" .... '" M .... II> '" .... '" M .... II> '" ;;!j M ~ II> '" ;;!j M ~ II> '" ;;!j M II> '" .... '" M ~ II> '" .... '" M .... '" '" '" o g: '" <Ii II> '" ~ cri II> '" o '" .0 o II> <f> .... .... ;::: CD" <f> <f> II> CD '" '" o <f> .... o "" N <f> '" .... o M .... '" '" '" cri '" "" '" .0 <f> .... CD .... <f> '" '" .... .. '" '" II> '" '" .... .. '" '" II> '" '" .... .. '" '" II> '" N .... .. '" '" II> '" '" .... .. '" '" II> '" '" .... .. '" '" II> '" '" .... .. ~ II> '" '" .... .. '" '" II> '" '" .... .. '" '" 10 01. .... '" '" CD o a) .. '" II> II> '" '" .... o '" '" II> '" ;;;" ::;: ffl fF) f:I7 tF7 tit '" '" .... M f:I7 f:I7 f:I7 f:I7 EA- o CD II> M <f> 0; o ....: <f> a) a) CD "'0000 "'~"" MM-CO- OCDCD CD '" ~ CD"".... ;: N "''''''' 0.... .... a) a) CD N- eti <f> II> <f> "''''0 .... '" a) CD"'''' ~-~-N- II> II> II> <f> II> <f> .... <f> II> <f> II> <f> II> <f> <f> II> N '" .. N '" .. N '" .. N '" .. N '" .. N '" .. .... ~ .. II> N '" .. N '" .. 00 o o o ~ '" q ~ .... II> o '" e II> '" .... .... <Ii II> II> II> .... '" .0 '" <f> <f> .,. '" CD '" o '" <f> '" '" '" .. .... <f> .... .... .... .0 ~ <f> ::;: .... .0 ~ .... ::;: .... .0 ~ II> ::;: .... .0 ~ ... .... .... .0 ~ <f> ::;: .... .0 ~ .,. ::;: .... .0 ~ '" .,. ::;: .... .0 ~ .,. '" o O. N .... .... .0 ~ .... o .... .... ex> ex> N ~ a) '" "" ....: '" ~ .... ..... ,..: ~ <f> .,. 1: fr '" ~ ~ o ::; 8 Sol ~ '" ...J ~ 3! u: '" c '" c ~ '" o 0. E '" ~ g> B '" (f) ~ .3 ~ i gI B "'- (f)ar -go '" '" .$ g c '" '" c g~ u '" o u ~~ ()(f) "" CD '" .0 '" 00 '" N ci ~ <f> .,. e o rn e 'E to LL '0 ~ <3 ""~ 8-g "'OJ '" .Q a. 'e <.> <f> Q) o 'E :J o <.> <.> <( '0 '" :J LL '" 'C e '" LL .. '" e .. > .. D: a; 'u .~ I/) o o '" "," a) '" <f> ....!~ .. <f> Q) o ~ <( Q) o ii; we:: o o .... C"i .... II> <f> [ll .a 'C e Q) 0. X W "" N '" ,..: ;2 ... .. ... C .. a; UI 'C C = LL II> ~ .a ~ o LL .. ,~ o a. o o o <Ii <f> '" Q) :J '" Q) > Q) e:: o o o a:i II> <f> [ll .a 'C e Q) 0. X W o '" o cri <f> .. ... e .. a; UI 'C e '" IL o o '" N o '" <f> ;: .. E .. > o E ~ .5 ~ i: ~ .. Q) a.e:: o o o o .... '" II> <f> [ll .a 'C e Q) a. x W '" ~ N <Ii N '" II> .. ... e .. a; UI 'C C = LL ~ ~ ~ o e ,51 1;; ~ ... .. D: o '" o o CD '" <f> <f> Q) <f> ~ Q.):t::: :J'O e e '" Q) > 0. Q) X e::w "'''' ~'" '" CD 00 ""'" <f> Q)8 ~[l, ~.~ ~ E ,Q E a3 .~ OOCll 0'" ........ '" '" '" '" '" .. <f> I ~, ~ <( .. ,!,/ o o '" <Ii "" N <f> <f> Q) :J e Q) > Q) e:: iii C1> C1> <Ii ~ o '" M ;;; <f> .... fl c .. a; UI 'C C " LL <f> [ll .a 'C e Q) 0. ~ co E E :J (/) 0; Ol ." :J m e o 0, c: '~ CD LL o ~ (3 ." <lJ > #'8 <lJ n: <lJ " e co co m co (5 r- " <lJ o > o Z ti o :J <( :>, ':i ..., <lJ c: :J ..., CD ::;;; a. <( ro ::;;; .0 <lJ LL e co ..., ....0; a." ~tfi c: o '" '5 '" <lJ o 'E' :J o " " <( ." e ::> LL '" ." e :l LL .. .~ ~ .. c w ~ ~ '" cO a) N N CD co o '" '" '" 00- cD '" CD o 0 M M- '" '" <t '" o. N. '" '" '" o '" .,.; '" '" '" '" '" N N N '" '" cD -.:i '" N '" <t '" '" .... <t <t '" .,.; .... N '" '" N <'i CD N '" o o o o '" N -.i '" III e :8 '" ; '" o ~ c; c: :J ~ ,_ <lJ ....n: CD '" "'. "' N. CD '" -.i co N '" co ~ ~ rxi M N '" N '" '" '" N CD. <t N '" '" <t '" '" cO N '" -.i '" '" l!! .a '0 c: <lJ 0- X W '" .... co cO '" N .... '" .... co cO '" '" .... '" .... co cO '" N .... '" .... <Xl cO '" '" .... '" .... <Xl cO '" '" .... It) .... <Xl cO '" '" .... It) .... <Xl cO '" '" .... It) .... <Xl cO '" '" .... It) .... <Xl cO '" '" [l:l It) .,.; .... '" .... .... .... <Xl .,.; <Xl '" .... .... .... '" ,.: ;:l; .... I 0"- '" o o '" o .... a. 0; .... .... .... o '" '" <'i '" .... .... .... CD '" <t o co '" .... .... N <Xl .... <'i .... .... .... CD '" '" ,.: 00 '" 00 o -.i '" <Xl <'i '" .... .... N .... CD cO o .... CD .... .... ai <t .... o o o ",. co "'. .... '" ~I ~ .. <lJ ~ > .. <lJ Uln: 0"- <t <t N '" <t 00. ;:: <t. '" "'. o <t CD CD o N '" 00 '" 00 .,.; '" 00 "'. ;;; .... o ~ N' N .... 00 '" <t <'i .... co. .... '" l!! .a '0 e <lJ 0- X W '" .... .... N <Xl .... <'i .... '" .... .... N 00 .... <'i .... '" .... .... N <Xl .... <'i .... '" .... .... N <Xl .... <'i .... '" .... .... N 00 .... <'i .... '" .... .... N <Xl .... <'i .... '" .... .... N <Xl .... <'i .... '" .... .... N <Xl .... <'i .... ~ '" '" N CD .... <'i .... o o It) ,.: <Xl .... <'i .... .... CD o '" '" <'i .... .. l.l e '" Oi lD ." C :l ... 0"- .... <t r--: N '" 0; ,.: '" <t. .... '" '" 00 o N '" '" .... '" o <t N cO '" '" .... .... .... CD <'i '" EA- EA- ~ 00 '" CD ..... <t '" o .... ..... <t '" '" o o o o o N '" .. .. '" ~ ~ ~ ~ Uln: :J2. o '" M N .... .... 00 ro "'. "' '" <t o '" .... ai '" '" '" .... CD' '" ;n .... ",' '" '" N "'. <t '" '" '" '" o cO o N '" '" l!! .a '0 e <lJ 0- X W ;;!j '" ,.: <0 .... .... N '" ,.: <0 .... .... N '" ::: <0 .... .... '" '" ,.: "' .... ;;!j '" ,.: "' .... ;;!j '" ,.: "' .... .... '" '" ,.: "' .... .... N '" ,.: <0 .... .... '" '" ,.: "' .... ::t. "' CD <0 '" .... ~ CD It) '" '" .... It) cO It) It) '" o o o ,.: It) It) .... .. l.l C '" Oi GI ." C :l ... 0"- .... '" r--: N o CD. .... N '" '" o '" '" <'i o '" '" '" o 00 .,.; '" '" .... N o o 00' '" '" '" .... "' '" ..... '" '" N o .,.; '" o o o .,.; .... '" '" ; ~ ~ E ~ .Sl <lJ Uln: ~ '" ;;; '" '" <t cO N '" '" '" '" <'i '" ~ <t N o ,.: CD N '" CD <'i N '" N .,.; <t '" <t o ~ cO '" 00 '" .... N 00 <t '" '" l!! .a '0 e <lJ 0- X W ~ .... <Xl ai '" <'!. .... ;:: <Xl ai '" <'!. .... ;:: <Xl ai '" <'!. .... ~ .... <Xl ai '" "'- .... ;:: <Xl ai N N. .... ;:: <Xl ai '" <'!. .... ;:: <Xl ai '" "'. .... ~ .... <Xl ai '" "'. .... ~ .... <Xl ai N <'!. '" '" o. a; <'!. '" .... .... cO ~. .... o .... ,.: .... <'!. '" o <Xl .... o <Xl "', .... .. l.l e .. Oi GI ." C :l ... :J2. o '" N CD 00 cO <to '" '" <t a; <'i co '" '" '" .... o ro o '" '" .... CD '" '" '" .... '" Lri 0 <t It) .,.; '" '" '" CD o 00 ,.: <t .... o '" ai '" '" <t '" '" ai CD '" o o o N o <Xl. '" '" ~I ~ .. <lJ - > ~&! "' B :J2. ib CD r--: N CD .... o <'i <t "'. <t N .,.; .... <t .... <t '" cO '" o .,.; '" .... <t It) cO '" o .,.; .... .... .... It) cO '" o .,.; .... .... .... It) cO '" o .,.; .... .... <t It) cO '" o .,.; .... .... .... It) cO '" o .,.; .... .... .... It) ai '" o .,.; .... '" .... <t '" cO '" o .,.; .... '" '" '" cO N .... .... '" ai M o .,.; <t .,.; CD ~ '" cO <t o .,.; '" to 8. '" '" >. ~ o ::; .... o ~ f2 '" -' o ~ u: ~ ~ ~ " Q. ~ ~ g\ ~ '" 1'j .'3 ~ I B "'- "'5l- -go '" '" ",g c '" '" c EU: a i1i o u 1H .... '" '" .... .,.; <t CD :! -.i It) .,.; '" .... o '" N cO ..... .... .... '" ai N ~ .,.; .... '" 4> l.l C '" Oi III ." e :l ... '" l!! .a '0 e <lJ 0- X W z:: 0: c ~ 0 0 u. - CD C) ~ 0 C IA 0 .- CO C\l E (.) . ~ '" ~ 1J E ca C r-- E LL ::I 0 :J 0 (/) u. .... a; 'I- C\l lJ) 0 ca . '0 :J ~ "- III CD ~ C U CD C) t: ~ ~ >- 5 co o ::; 8 !ll i2 '" ...J o ~ ii: ~ ~ ~ 8- ~ ';;; ~ ., Jl ~ " '3 ~ ~ ., Jl~ ,!?O .. " J!ll! ai i:'! Eii: ~~ uS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <X:!. ~ ""- C'!. C!- oo CD "" N N "" CD 00 ~ ~ ~ ~ ~ U) U) U) U) 1Ft 1Ft 1Ft 1Ft U) U) U) U) a:>ueles pun:l e o en e ~ '" lL '0 ~ u ~"""" ( .;1 l;;o....... , u Ie! City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator.9 FROM: Randy Distad, Parks and Recreation Director SUBJECT: School and Conference DATE: May 21, 2007 INTRODUCTION The National Recreation and Park Association (NRP A) is the national organization for Parks and Recreation professionals. In 2007, the NRP A will be holding its annual conference in Indianapolis, Indiana from September 24-28. A discount on the registration fee is being offered for early registrations. DISCUSSION The NRP A conference is an annual training opportunity in which session topics are presented by nationally known and recognized speakers in the field of parks and recreation as well as in other professional fields such as planning, landscape architecture and engineering. Breakout sessions include such areas as: recreation programming, parks maintenance, senior programming, management, natural resources, outdoor recreation, facility management, citizen advisory boards and aquatics. It is the premier training opportunity for parks and recreational professionals. The 2007 approved budget for the Parks and Recreation Department included funds to send four staff members to the NRP A Conference: the Parks and Recreation Director, Park Maintenance Supervisor, Recreation Specialist and the Senior Center Coordinator. City policy allows for supervisors and other professional staff to attend national conferences if recommended by the department head and approved by the City Council. According to existing Administrative Policy 4.3, staff members at the mid-level manager or in a professional position may request attendance at one out-of-state conference every two years with the support and recommendation of their Department Director. Since it is being requested to send four staff members to this conference, staff would propose doing the following things in order to reduce the cost of attending the conference: 1. Travel by City vehicle to the conference and thus save money by not having to buy airfare for four staff members. In addition there would not be a need to rent a vehicle once in Indianapolis. 2. Share hotel rooms. Instead of four hotel rooms, two hotel rooms would be rented. 3. Limited package conference registration, which saves $50 per person. Information received at the NRP A conference by the Parks and Recreation Director, Park Maintenance Supervisor, Recreation Specialist and the Senior Center Coordinator would be shared with other Department staff members upon their return. The information provided at the national conference sessions is generally very detailed, advanced and specific to situations related to parks and recreation. The opportunity to network with other professionals from around the country is of tremendous value. The total estimated cost to attend the NRP A conference in Indianapolis is as follows: Conference Item Total Amount Travel (fuel) $250 Early Bird Conference Registration $1,260 Hotel $1,400 Meals $250 TOT AL COST FOR CONFERENCE $3,160 BUDGET IMPACT The budget impact is as follows: Division Park Maintenance Recreation Bud2eted Amount $500 $2,845 $3,345 Actual Amount $400 $2,760 $3,160 Difference (100) (]22 (185) ACTION REQUESTED Recommendation is to approve by motion, the request to send four staff members to the NRP A conference from September 24-28 in Indianapolis, Indiana. ~ft3!t Randy Olstad, Parks and Recreation Director cc: Don Hayes Missie Kohlbeck Kellee Omlid 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and City Administrator:j) L/ Patti Norman, Recreation Supervisor "~ Adopt Resolution Accepting Donations for the 2007 Spring Skating Competition FROM: SUBJECT: DATE: May 21,2007 INTRODUCTION Donations totaling $160.40 were received from Jump'N Style Skatewear ($47) and Northwest Designs Ink, Inc. ($113.40), for the 2007 Spring Skate Competition. DISCUSSION The 5th Annual Spring Skate Competition was held on Saturday, March 24, 2007 at the Schmitz Maki Arena. The businesses identified above donated money to assist in making the skating competition a unique, fun and affordable event for all participants. The money donated was used to offset program costs. Staff will communicate the City's appreciation on behalf of the Council to the businesses for their generous donations. ACTION REQUESTED Adopt the attached resolution accepting the donations for the 5th Annual Spring Skating Competition from Jump'N Style Skate wear and Northwest Designs Ink, Inc. _Respectfully Submitted, ,~" ,-" -,...-...,.".~.,..."'- ~ "'---~"-~'-~~'--- Patti Norman ~ Recreation Supervisor RESOLUTION No. ACCEPT DONATIONS FOR THE 5th ANNUAL SPRING SKATE COMPETITION FROM JUMP'N STYLE SKATEWEAR AND NORTHWEST DESIGNS INK, INC. 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 21 st day of May, 2007 at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, the businesses Jump'N Style Skatewear and Northwest Designs Ink, Inc. have donated money to offset costs associated with the 5th Annual Spring Skate Competition; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donations of money from Jump'N Style Skatewear and Northwest Designs Ink, Inc. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21stday of May, 2007. Mayor Attested to the 21ST day of May, 2007 City Administrator SEAL IF . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator /~ "--..../ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement with Premier POS, Inc. for Providing Web Based Services DATE: May 21,2007 INTRODUCTION The City has had an agreement with Rumpus, formerly known as Community Seasons, since 2004 to provide a web based service that handled on-line registrations for the Parks and Recreation Department. Rumpus has merged with a company called Premier POS. Premier POS would like the City to enter into an agreement with them to provide web based services. - DISCUSSION The new agreement with Premier POS contains the same financial arrangement as was previously included in the agreement with Rumpus. Since the City has been a previous customer of Rumpus, Premier POS is waiving the one time activation charge of $250. Premier POS web based services includes several enhancements that are currently not offered by Rumpus. These enhancements include: 1. Facility management module that allows the Parks and Recreation Department to post on-line available recreational facilities for the public to rent. This would include facilities such as picnic shelters, the Rambling River Center and the outdoor pool. 2. Event notification. This provides email notification to current registered users about upcoming Parks and Recreation events or programs. 3. Integration between facilities management and program registrations to ensure that scheduling conflicts do not occur in recreational facilities. 4. Special registration features for programs such as early bird discounts, refunds, cancellations and transfers. 5. Membership management feature that can be used to accept membership fees, track memberships and run membership reports. This module could be used for the Rambling River Center annual memberships and for outdoor pool passes and punch cards. This module has the capability to send membership renewal reminders via email. 6. A donations module that people can access and make donations to the Parks and Recreation Department. . The benefits to approve this agreement with Premier POS include the following: 1. The software is loaded on the Premier pas server and thus does not take up any of the City's server memory. 2. There is no annual maintenance or upgrade fee. Any new enhancements or upgrades that occur would be provided at no cost to the City. 3. There are no upfront costs to purchase the web based service. 4. It continues to provide a great convenience for customers. Customers can register from their home if they have a computer with internet access and a major credit card. There would not be any need for customers to either drive to City HaIl and register, mail in their registration or phone in their registration. However, if customers wanted to continue registering by these methods, they still could. The program does not prohibit registering for recreation programs in these manners. 5. The City's IT staff does not need to maintain the software program as it is owned and maintained by Premier POS. If there are issues with the program, Premier pas repairs it at their own cost. 6. The process of registering on-line is a seamless one. A link is contained within the Parks and Recreation Department's web page that directly connects to the Premier pas web site where the web based programs are accessed by the customer. City Attorney Joel Jamnik has reviewed the agreement with Premier pas and has found that the agreement is in an acceptable format. BUDGET IMPACT There is no impact to the budget. The financial arrangement with Premier POS will be the same arrangement that occurred with Rumpus, which was a $2.00 per transaction fee and a 4% credit card processing fee. These costs are currently accounted for in the fees that are charged for the various recreational programs. ACTION REQUESTED Approve by motion the attached agreement with Premier POS. R..9'Wctfu,l1Y Sub, mi,tte~, /~jJ# R~ndy Distad, Parks and Recreation Director PREMIER SERVICES AGREEMENT 1. INTRODUCTION This Services Agreement (the "Agreement") describes the terms and conditions on which Premier pas, INC. ("Premier POS") offers Services to you (Client Name) City of Farmington (the "Client"), By signing this Agreement, Client agrees to be bound by all the terms and conditions set forth below. Client's use of Premier pas's various services ("Services") is conditioned upon Client's acceptance of these terms and conditions and its accurate provision of any and all information necessary for Premier pas to provide the Services described herein: 2. ENTIRE AGREEMENT 2.1 General. This Agreement, including any and all schedules or policies referred to in this Agreement, constitute the entire understanding and agreement between the parties relating to the subject matter and supersedes any and all prior agreements, correspondence, understandings and discussions, whether written or oral, relative to the subject matter contained herein, 2.2 Policies. Premier pas is a professional and "Community-friendly" business entity. We reserve the right to limit our service to only those individuals, businesses and non-profit organizations whose needs we can realistically meet. Premier pas reserves the right to refuse service to anyone using Premier pas's registration product or hosted web pages for illegal purposes, inappropriate or offensive purposes or any other purpose that does not follow our community-centered philosophy. The Client also acknowledges and agrees that Services provided to the Client pursuant this Agreement is also subject to the following online policies: (i) Privacy Policy: http://www.premierpos.com/Home/tabid/36/ctl/Privacv /Defa u It, aspx (ii) Web services Terms of Use & Copyright Policy: http://www.premierpos.com/Home/ta bid/36/ctl/T erms/Defa u It. aspx 3. SERVICES 3.1 Description of Services. The Services and support that may be available to the Client are described and posted at: www.premieroos.com or will be provided upon request, and are subject to change from time to time at Premier pas's sole discretion, The Client may subscribe to any such Services and/or various support requirements by amending Schedule A or providing written Notification to Premier pas, 3.2 Eligibility. The Services of Premier pas are available only to organizations and business entities in good legal standing that can form legally binding contracts under applicable law, The Client hereby represents and warrants, as applicable, that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement), that it is not a direct competitor of Premier pas, and that the person named in the Registration Information that is agreeing to this Agreement on behalf of the Client (the "Signing Authority") is at least 18 years of age, has the requisite power and is otherwise capable of and authorized to enter binding agreements on behalf of the Client, Premier POS - Page J of 7 p,o. Box ./88 JefFerson, IX 75657 Toll-Free,' (866) ./././-./278 fAX, (5/2) 233-28./3 3.3 Exclusions. Unless expressly provided elsewhere in this Agreement, Services do not include; a) providing support to the Client's customers; b) data-entry services; c) custom development fees; d) catalog maintenance or e) running reports on the Client's behalf, 3.4 Control and Operation. Premier pas will have control over the provisioning, maintenance and support of the Services and will determine the manner, methods, techniques and procedures that Premier pas uses in providing the Services, The Client acknowledges that Premier pas cannot guarantee the successful operation of the Services that may be affected by other Systems that are not maintained or controlled by Premier pas, 3.5 Intellectual Property Rights. Except as expressly stated herein by Premier pas to the Client, nothing in this Agreement shall serve to transfer to the Client any Intellectual Property Rights in or to the Services, Premier pas's Marks or other intellectual property owned or claimed by Premier pas under this Agreement. The Client acknowledges and agrees that Premier pas shall have and retain sole right, title and interest in and to the Services and all its Intellectual Property Rights, including all goodwill pertaining thereto, 4. FEES AND PAYMENTS 4.1 Fees. The Client agrees to pay a Fee for each Service provided by Premier pas, All Fees of the Client, including any Additional Charges, will be based on the Schedule A received and executed by the Client, No Client Quotes of Premier pas or any Reseller is binding on Premier pas, except for Schedule A, In the event Premier pas provides credit card processing on behalf of Client, it is with Client's full understanding that any associated fees, fines, or penalties created by client or are the direct effect of Client processing volume will be assessed as additional fees to Schedule A forthwith, 4.2 Billing. Fees for the Services provided by Premier pas shall be processed in accordance with the provisions specified in Schedule A, In the event Premier pas provides credit card processing on behalf of Client, it is with Client's full understanding that Premier pas will act as beneficiary of payment and billing provided by third party processing relationship. Premier pas will aggregate monies as deemed by this agreement. 4.3 Dispute, Discrepancy and Refund. The Fees will be deemed to be correct if not disputed by the Client within 30 days of the deduction or invoice date, The Client shall notify Premier pas of any Fee discrepancy, The parties will work together in good faith to resolve such discrepancy to the satisfaction of both parties, Client will be liable for any associated fees assessed by third party processor in the event a dispute occurs on a credit card transaction. 4.4 Non-Payment. In the event that the Client fails to pay the Fees that are due and owing, Premier pas, without further Notification, may suspend any and all of the Client's Services after 15 days of non-payment and to cancel any of the Services or terminate this Agreement after 45 days of non-payment, In the event that Premier pas suspends Services for non-payment and is then requested to reactivate the Services, the Client will be required to pay a $250,00 reactivation fee to Premier pas, in addition to the full payment of the outstanding balance due, prior to the Services being reactivated, 4.5 Taxes of Client. Premier pas does not collect, nor is responsible for any additional fees or taxes imposed by the Client's local, State or Provincial or Federal authorities, Any other taxes or fees which may be due must be paid to the proper authorities directly by the Client, 5. CLIENT INSTRUCTIONS 5.1 Administrative User. Subject to Section 6,2, the Client agrees that the Administrative User will have principal responsibility for all Client Instructions, and authorizes Premier pas to accept all directions provided pursuant to a Client Instruction, The Client hereby acknowledges that a Client Instruction is final, that Premier pas is entitled to rely on such Client Instruction, and that the Client cannot later object to it, 5.2 Decline to Act. Premier pas may, at its sole discretion, decline to act on a Client Instruction until it is able, through whatever means, to verify the Client Instruction, Premier pas will not incur any liability by reason of acting or failing to act in respect of a Client Instruction. Premier POS - Page 2 of 7 p,o. Box 488 Jefferson, 7X 75657 Toll-Free,' (866) 444-4278 fAX' (5 J 2) 233-2843 . . . 6. SECURITY, CONFIDENTIALITY AND DISCLOSURE 6.1 Security of Data. Premier pas will use commercially reasonable efforts consistent with the standards of practice in the industry to prevent unauthorized access to and disclosure of Client Data exercising the same degree of care that a reasonable and careful Person would exercise with similar data, as further described in the Privacy Policy, Client understands that they are required to abide by all PCI DSS regulations as it pertains to credit card processing, http://usa.visa,com/cisp 6.2 Confidential Information. The parties will not use any Confidential Information obtained from the other party for its own benefit or for any purpose other than as intended by the parties under this Agreement. The Client further agrees that it will not use any Confidential Information to compete with Premier pas in its business, nor will the Client provide such Confidential Information to others who may compete with Premier pas in its business, 6.3 Disclosure. Neither party will disclose Data or Confidential Information to any other Person unless such disclosure is reqUired or authorized by law, or with prior written consent of the other party. In the event that a party is legally compelled, through whatever means, to provide access to the Data or Confidential Information, then the disclosing party undertakes to provide the other party with Notification of such an event as soon as it is reasonably practical to do so as to afford the opportunity to limit or prevent such disclosure. Notwithstanding the foregoing, should the Client violate or cause or encourage a violation of the Acceptable Use Policy, Premier pas will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering Confidential Information about the Client and the Client's Data. 6.4 Privacy of Information. The Client acknowledges and agrees to Premier pas's Privacy Policy, 7. NO WARRANTY Premier pas is committed to making every reasonable effort to provide the Client with access to the Services and to ensure a high level of service availability, security and redundancy, exercising the same degree of care that a reasonable and careful Person would exercise in similar circumstances, Notwithstanding the above, an outage relating to the Services may occur as a result of scheduled maintenance, software upgrades, hardware upgrades, security issues or connectivity issues, The Client expressly understands and agrees that the Client's use of the Services is at its sole risk. The Services are provided by Premier pas, and accepted by the Client, on an "as is" and "as available" basis. 8. INDEMNITY The Client releases Premier pas from and agrees to defend, indemnify, and hold harmless Premier pas, its affiliates, officers, directors, employees, agents and Resellers from and against any claims, proceeding, liabilities, obligation, costs, actions or demands, including without limitation reasonable legal fees, in any way directly or indirectly connected with, arising from or resulting from the Client's use of the Services, or its breach of this Agreement or other Premier pas policies, terms and conditions, whether or not due to any act, omission, negligence or gross negligence by Premier pas or any of its affiliates, officers, directors, employees, agents or others whom it is in law responsible. 9. LIMITATION OF LIA8ILITY 9.1 No Liability for Loss. Notwithstanding any other provision of this Agreement, the Client expressly understands and agrees that Premier pas shall not be liable to the Client, its customers, or any other party (any of which, a "Person") under or in relations to this Agreement for any damages or claim for any loss of use, loss of production, loss of profits, anticipated or otherwise, loss of markets, economic loss, special, direct or indirect or consequential loss or damage suffered or incurred by the Client or any Person, resulting from any matter under or relating to this Agreement or the Services, and notwithstanding that Premier pas may have been advised of the possibility of such damages or claim, 9.2 Limit. Notwithstanding any other provision of this Agreement, the total monetary liability of Premier pas to the Client in respect of any matter relating to the Services, including without limitation for any breach of or default under this Agreement or any misrepresentation or negligence, shall not exceed the amount of Service Fees the Client has paid to Premier pas under this Agreement in the 12 months preceding the claim, The Client acknowledges that these limitations of liability are an essential element of the bargain between the parties and in their absence the terms and conditions of this Agreement would be substantially different. Premier POS - Page 3 of 7 PO Box -188 Jefferson, lX 75657 To//-Free: (866) -1-1-1--1278 FAX, (5/2) 233-28-13 10. AMENDMENTS 10.1 Agreement. Subject to the terms and conditions of this Agreement, Premier pas reserves the right to amend any provision of this Agreement by providing the Administrative User with Notification of any material amendment(s) either before or after such material changes take effect, If the Client has any concerns relating to such material modifications, Premier pas will discuss and negotiate such concerns on a good faith basis. 10.2 Fee Changes. The Client acknowledges that all Fees, including Prices for Services, are subject to change. Notification by Premier pas will be provided to the Client of any such changes, The Client may, if the Client objects to any changes in the Fees proposed by Premier pas, cancel such Services in accordance with Section 11 of this Agreement, 10.3 Service Changes. The Client acknowledges that the Services may be modified or upgraded by Premier pas from time to time, provided that such modifications and upgrades to not detract from the performance levels of the Services, Premier pas also reserves the right to discontinue any Service, temporarily or permanently, by providing the Administrative User with Notification, The Client agrees that Premier pas shall not be liable to the Client or any third party for any modification or discontinuance of the Services, 11. TERM. SERVICE SUSPENSION/CANCELLATION AND TERMINATION 11.1 Term. This Agreement will commence upon acceptance of this signed Agreement by Premier pas at its offices. This Agreement will remain in effect for the period of 6/1/07 to 5/31/08, unless terminated by either party in accordance with 11.3 or by reason of and upon any violation of the terms and conditions herein. Thereafter, this Agreement shall be automatically renewed for successive one-year terms unless prior Notice is received by Premier pas not less than thirty (30) days prior to the annual renewal date, 11.2 Suspension. Without limiting other remedies, Premier pas may suspend operation of the Services for the Client if: (a) Premier POS believes that the Client is in material default or has violated this Agreement or any of Premier pas's stated policies; or (b) the Client has failed to pay the Fees or other payments due and owing; or (c) Client's generates charge backs that Premier POS considers, in its sole discretion, to be excessive; or (d) Premier pas reasonably believes that Client's actions may cause legal liability for the Client, Premier pas's other customers, or Premier pas, Premier pas will not be liable to the Client for any suspension in accordance with the terms of this Agreement. 11.3 Termination of Agreement. Without limiting other remedies, either party may terminate this Agreement without cause upon 60 day's written Notification. Premier pas may terminate this Agreement effective immediately upon Notification to the Client if the Client has been suspended pursuant to Section 11.2 or is otherwise in material breach or default of this Agreement and has not remedied that breach or default or the reason for suspension to Premier pas's satisfaction within 15 days after receipt of Notification pursuant to Section 11.2. Upon termination of this Agreement by either party, all rights under this Agreement and the provision of Services will terminate immediately. Neither party will be liable to the other for any termination of this Agreement in accordance with its terms, 11.4 Fees payable on Suspension, Cancellation or Termination. Any amount that the Client owes for Services rendered up to the date of suspension or upon termination of this Agreement by either the Client or Premier pas, if any, will become immediately due and payable. Client shall remain responsible for all charge backs and returns which may arise after the suspension, cancellation or termination of this Agreement. Premier pas may, at its discretion, require the Client to place a deposit with Premier pas for potential charge backs and returns prior to suspension, cancellation or termination, 11.5 Deletion of Data. At the termination of this Agreement, the Client may request by Notification, the return of a copy of Client Data stored on Premier pas's system for a reasonable fee, determined by Premier pas. In the event that Premier pas does not receive Notification from the Client requesting a copy of such Data prior to, or at the time, of termination, then the Client is hereby put on notice that Premier pas may, without any notice or liability to the Client, delete all such Client's Data, Notwithstanding any of the above, Premier pas will not be liable to the Client with respect to the Client's Data that remains on Premier pas's System after the date of termination, except with respect to Section 6 of this Agreement relating to Security, Confidentiality and Disclosure. 11.6 Survival. Sections 6 ("Security, Confidentiality and Disclosure"), 7 ("No Warranty"), 8 ("Indemnity"), 9 ("Limitation of Liability") and this Section 11 will survive any termination of this Agreement. Premier POS - Page 4 of 7 P.G. Box -188 Jefferson. TX 75657 Toll-Free, (866) -1-1-1--1278 FAX: (512) 233-28-13 12. PRESS RELEASE AND MARKETING 12.1 Press Release. The Client agrees that Premier POS may issue a press release and post such release on the Premier POS web services to announce the signing or amendment of an Agreement between the Client and Premier POS, 12.2 Marketing and Banner Pages. Any web page banner space utilized will be done in a manner consistent with Premier POS Policies set forth in Section 2.2, 13. MISCELLANEOUS 13.1 Relationship of the Parties. The Client acknowledges that Premier POS, as a service provider, is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement, No Person, including any Reseller, shall have any authority to act for, bind or assume any obligation or responsibility on behalf of the other party unless the authority is confirmed in writing. 13.2 Restriction. Nothing herein shall restrict in any way the freedom of either party to conduct as it sees fit any other business or activity whatsoever, 13.3 Force Majeure. Neither party will be in default of this Agreement due to any labor unrest, strike, lockout, civil commotion, hostilities, sabotage, communication line failures, power failures, acts of utility providers, governmental regulations or governmental interference, delays by suppliers or carriers, fires, epidemics, earthquakes or other disasters, accidents, riots, war, terrorism, acts of God and publiC authority or otherwise beyond such party's reasonable control. 13.4 Notices and Communications. All Notifications and demands hereunder shall be in writing and shall be served by personal delivery, nationally-recognized express courier, or by certified mail at the address of the receiving party set forth in this Agreement (or at such different address as may be designated by such party by written notice to the other party), All Notifications and demands shall be deemed given upon the earlier of receipt, two (2) days after deposit with a nationally-recognized express courier; or five (5) days after deposit in the mail. 13.5 Assignment. This Agreement may not be assigned by the Client without Premier POS's prior written consent, Premier POS may assign this Agreement upon prior Notification to the Client, 13.6 Severability and Non-waiver. If any part of this Agreement is invalid, all other parts of this Agreement remain enforceable, Premier POS's failure to act with respect to a breach or default by the Client or others does not waive Premier POS's right to act with respect to subsequent or similar breaches or defaults, 13.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. For the purposes of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the State of Texas only, and, in addition, the parties hereby expressly consent to the jurisdiction of the federal and state courts in the State of Texas, 13.8 Currency. All amounts, Prices and Fees are in United States Dollars (USD), unless otherwise indicated. 13.9 Schedules and Exhibits. All Schedules and Exhibits to this Agreement are incorporated herein by reference and made part of this Agreement, Premier POS - Page 5 of 7 Fo. Box 488 Jejj'erson, TX 75657 Toll-Free: (866) 444-4278 FA)(' (5/2) 233-2843 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below, CLIENT PREMIER P~S PREMIER POS, INC. Signature: Signature: Name/Title: Name/Title: Date: Date: Remit To/Billing Address: Remit To/Email Address: SCHEDULE A 1. FEE SCHEDULE QTY DESCRIPTION One-Time Charges EXTENDED Premier POS Client Activation Waived for Rumpus Client ~ Transaction Charges Per Transaction fee (Same as your current agreement) $2,00 Transaction Processing Premier POS eCommerce Card Processing (Same as your current agreement) 4,0 % CLIENT: CLIENT INITIALS: Premier POS - Page 6 of 7 p,o. Box 488 JefFerson. TX 75657 T oll-ri'ee: (866) 444-./278 FA);,': (5/2) 233-28./3 2.1 Client Payment for Services. All ongoing Monthly Service fees and transaction fees, if applicable, due to Premier pas will be paid in one or more of the following methods: Deducted from the Client Bank Account via ACH Deducted from the Client Bank Account via Client's Credit Card Processor Invoiced by Premier pas Premier pas may revise the method of collecting fees upon Notification to Client, Premier pas also retains the right to offset any dollars owed by the Client, 2.2 Invoicing. Service fees that are invoiced are due to Premier pas within 10 days of receipt of an invoice, All Service fees and other payments must be made in U,S, Dollars, Premier pas may charge Client a late payment fee equal to one and one-half percent (1.5%) on any overdue balance, or the maximum amount allowed by law if less, for each month or fraction of a month the overdue amount remains unpaid, The Client may choose to prepay Monthly Service fees. If the Client prepays Service fees and this Agreement is terminated in accordance with Section 11.3, Premier pas shall reimburse Client for the Client's pro rata share of the unused Service fees, 2.3 Reporting to Clients. Premier pas shall make available on-line reporting for the Client as documentation to support the transactions fees, if applicable, for the calendar month, 2.4 Credit Card Processing, Deposit of Credit Card Funds and Payments to Clients. Upon the execution of this agreement, Premier pas will apply for a Merchant ID under the Client's name to an Agent of Premier pas, Client acknowledges that Premier POS will be setting up a credit card merchant account in the name of the Client. Additionally, Client aCknowledges that credit card funds will be deposited into a Premier POS bank account. Premier POS is solely responsible for paying the client for credit card deposits, net of returns, less any and all Chargebacks and fees described in this Schedule A. Premier pas shall be solely responsible for the payment of any and all credit card transaction fees. Amounts collected by Premier pas shall be deposited in an account established, owned and maintained by Premier pas. Prior to the thirtieth (30th) day after the end of each calendar month, Premier pas shall issue payment to the Client, either via check or electronically, for credit card transactions processed in the prior calendar month, less the fees due to Premier pas as indicated in Schedule A, Premier pas shall be entitled to fees for each transaction processed regardless of whether the transaction is subsequently refunded. Premier pas shall be responsible for responding to bank and Client customer inquiries for information related to credit card charges and shall use its best efforts to provide all information necessary to respond to such inquiries and Chargeback's, A Charge Back that is not reversed shall appear as a reduction to the Client payment in the month that the Charge Back is processed, Premier pas shall also use its best efforts to screen for, detect, prevent, and take actions it deems reasonably necessary to prevent any fraudulent activity, Under no circumstances however shall Premier pas be obligated to pay credit card transaction amounts in connection with any activities that are deemed to be fraudulent or criminal. Schedule A - Client Merchant ID/Premier pas Bank CLIENT: CLIENT INITIALS: Premier POS - Page 7 of 7 P.D. Box -188 Jeffierson, 7X 75657 Toll-Free, (866) 4-14--1278 F A)(' (5f2) 233-2843 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers and City AdministratO Randy Distad, Parks and Recreation Director FROM: SUBJECT: Approve Request to Waive Fees for Rambling River Days DATE: May 21, 2007 INTRODUCTION Permits would normally be required for events related to the annual Rambling River Days celebration. DISCUSSION The Rambling River Days Committee is requesting that the City Council waive fees for the permits required for the 2007 Rambling River Days celebration. Council has approved the waiver of the permit fees in past years. BUDGET IMPACT It is anticipated that based on the preliminary schedule for this year's Rambling River Days activities, there would have been $2,490.00 collected if permits were required. The permit fees for the Rambling River Days celebration were not budgeted as revenue in the City's 2007 budget. ACTION REQUESTED Approve the request to waive the permit fees for the 2007 Rambling River Days celebration. ti~ tfully sU1M{J' t~d, -/i~! . an y Distal! Parks and Recreation Director 2006 RAMBLING RIVER DAYS PERMITS The following is a listing of events, sponsors and the established fees for each event which require a permit: Exhibition Temporary Outdoor (Ord 3-17-4) 2007 Fee @ $t5.00/occasion Name of Event Sponsor Kiss the Pig Parks and Recreation Bed Races Parks and Recreation Dew Run Parks and Recreation Kiddie Parade Rambling River Days Committee Art Show Dakota Valley Arts Council Reptile Show Dakota County Library Nut and Bolt Toss Pellicci Hardware Pluck-a-Duck Parks and Recreation BBQ Rib Cook-Off Farmington Independent Farmington Historical Trolley Tour Rambling River Days Committee Medallion Hunt Rambling River Days Committee Trout Pond Southern Dakota Sportsmen Club Kid's Time Fire and Police Departments Stage Entertainment Rambling River Days Committee Grand Day Parade Rambling River Days Committee Sawdust Scramble Rambling River Days Committee Fire Department Contest Rambling River Days Committee Outdoor Movie Community Education Bingo Farmington Lion's Club Model Railroad Demonstration Rambling River Days Committee Dodgeball Tournament Rambling River Days Committee 21 events @$15.00/event = $315.00 Location of Event Schmitz-Maki Arena Schmitz-Maki Arena Downtown Schmitz-Maki Arena Schmitz-Maki Arena Library Downtown Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Downtown Schmitz-Maki Arena Farmington High School Farmington High School Schmitz-Maki Arena Schmitz-Maki Arena Rambling River Park Transient Merchant Permit (Ord 3-18-1) 2007 Fee @ $45.00 Temporary Name of Event Arts and Craft Sale Carnival Concessions Concessions Concessions Concessions Concessions Concessions Concessions Concessions Concessions Concessions Concessions Concessions Concessions Sponsor Rambling River Days Committee Rambling River Days Committee EI Tequila Dippin Dots Kettle Korn Bugaloos Peanut Butter Haven Schroeder Schroeder Schroeder VFW Pizza Man Matt Milner Sales Susan Christenson Con's Lion's Club 15 Events @ $45.00 = $675.00 Schmitz-Maki Arena Dry Floor Rental for three days @ $500 day $1,500 Location of Event Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Schmitz-Maki Arena Total Amount of Fees Waived for 2006 Rambling River Days $2,490.00 'RWerv~ JIMteI21-24, 2007 r{Bki,lr~ C()~W(.fwo/ PYwwJi o New Location at Schmitz-Maki Arena 0 o Miss Farmington Pageant o Juried Art Show o Carnival o Outdoor Music o Rib Contest o Annual Bed Races o VFW Steak Fry o Craft & Merchant Mart o Games o Historic Landmark Tours o Outdoor Movie o Model Railroad Demonstrations o Tour de Farmington o Medallion Hunt o Paintball & Dodgeball Tournaments o Bingo o Kiss the Pig o Grand Day Parade o and Much, Much More! 0 ~~rA/bu/:bm;a,wi;kw yJUY lU/fXW't! -P A complete list of events is available at www.ramblingriverdays.org and will also be published in the June 14, issue of the Farmington Independent. ..Am. C.IEJE.IF mm.r. Rambling River Day.> is sponsored by '~c.E.E.F. a volunteer group that promotes the community through education, community celebration and revitalization. ;~ Castle Rock, Empire, Eureka & Farmington 13u,tt01'V~by 13eNe--PVee<A?/ 71; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City AdministratorcY FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Fire Department DATE: May 21,2007 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Fire Fighter has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Fighter position by the Selection Committee, a contingent offer of employment has been made to Lucas Fischer, subject to ratification by the City Council. Mr. Fischer has passed the required background check, driving records check, physical, drug test and physical agility testing. Mr. Fischer meets the requirements to become a probationary firefighter. BUDGET IMPACT Funding for the position is provided for in the 2007 budget. ACTION REQUESTED Approve the appointment of Lucas Fischer to the position of Fire Fighter. Respectfully Submitted, ,--, " , '-/i~ tL{ >;c 7iN--t!-~ ;~/ 'i</~ t J Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 1,' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and City Administrator/~ FROM: Tim Pietsch Fire Chief SUBJECT: School and Conference DATE: 5-21-07 INTRODUCTION The Farmington Fire Marshal, John Powers will be attending the Minnesota State Fire Department Assn. (MSFDA) conference in Brainerd MN, June 7-9. He is participating in a workshop for Fire Department Management and Liability Issues. BUDGET IMPACT None. Fire Marshal Powers is only requesting time to attend this event as Bloomington Fire Department is covering all costs associated with the conference, travel and lodging. ACTION REQUESTED Authorize the school/conference attendance for Fire Marshal Powers. Respectfully submitted, <:/', ()",/ /" .-,C:-<:../. ,.~.--' ~c:._.c__,"v, C!--~ "--~---> Tim Pietsch Fire Chief City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us I' :J TO: Mayor, Council and City AdministratoQ "'--S/ FROM: Tim Pietsch, Fire Chief SUBJECT: School Request DATE: 5/2112007 INTRODUCTION One of our Rookie members has requested First Responder training. This is part of the three year program we have set up for new members, six required training sessions within the three year window. DISCUSSION Ken Kelly has enrolled in the First Responder program at Inver Hills Community College. Course start date is 5/30/2007, two days a week on Mondays and Wednesdays for a total of 40 hours. The timing ofthe training works out well for this member. BUDGET IMPACT Upon successful completion of training, employee will reimbursed for the cost of the program. Cost is $468.00; monies would come from budget category 1060 - 6470, training. ACTION REQUESTED Approve Fire Chiefs request to send this member to specialized training. Respectfully Submitt~d, ~~. r:--'c: I I -\.. I'V, ;L l' rI--t ~ Tim Pietsch Fire Chief cc: file 71 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council, and City AdministratOl/~ l() FROM: Tim Pietsch, Fire Chief SUBJECT: Rescue Squad Membership DATE: 5/21/2007 INTRODUCTION The Rescue Squad is authorized to include up to 20 members. We currently sit at 17 members. DISCUSSION Jeff Allbee, Jeff Aim and Bob Eibner have agreed to join the Rescue Squad effective June 4th 2007. They meet all the required guidelines set forth for time and training. This will bring our Rescue Squad compliment to full force. All three members are currently stationed at Station 2. This should help with response times to the North and daytime calls. BUDGET IMPACT The 2007 budget provides adequate funding for this proposal. ACTION REQUESTED Approve Fire Chief's request to include these members to become Rescue Squad members. ~ectfullY Submitted, I /~ ~.-A Tim Pietsch Fire Chief cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 71 TO: Mayor, Councilmembers, City Administratog FROM: Kevin Schorzman, P.R, Assistant City Enginee~ SUBJECT: Approve Easement Acquisition - Hunter Lift Station Replacement Project DATE: May 21,2007 INTRODUCTION Staff has completed easement acquisition negotiations with the property owner for the Hunter Lift Station Replacement project. DISCUSSION Based on the location of the existing lift station, and the need to keep the existing lift station functional during the construction of the new lift station, a permanent utility easement is needed for installation of the new lift station north and west of the existing easement. Vegetative screening removed for construction of this project will be replaced as part of the project. The City Attorney has reviewed, and agrees with, the negotiated price for the easement. BUDGET IMPACT The total amount negotiated for the easement acquisition for this property is $2000.00. ACTION REQUESTED Approve by motion the acquisition of the above-referenced easement for the Hunter Lift Station Replacement project. ~~~' Kevin Schorzman, P .E. Assistant City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7n--J TO: Mayor, Councihnembers, City Administrato(j) FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Plans and Specifications/Authorize Advertisement for Bids - Hunter Lift Station Replacement Project DATE: May 21,2007 INTRODUCTION The Hunter Lift Station Replacement Project was ordered by the City Council at the March 19,2007, City Council meeting. DISCUSSION The plans for the Hunter Lift Station Replacement Project, are substantially complete. The proposed bid date is June 29, 2007, with the potential award of the project to occur at the July 2, 2007 City Council meeting. The project is anticipated to start toward the end of July. A neighborhood meeting was held on Tuesday, May 15th. Several residents were in attendance and staff answered their questions, BUDGET IMPACT The project financing will be as indicated in previous communications. After the receipt of bids, an updated financial analysis can be provided. ACTION REQUESTED Adopt the attached resolution approving the plans and specifications and authorizing the advertisement for bids for the Hunter Lift Station Replacement Project. Respectfully Submitted, ~ Yh m~ Lee M. Mann, P ,E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -07 APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT 07-04, HUNTER LIFT STATION REPLACEMENT PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 21st day of May, 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to the City Council's adoption of resolution R30-07, plans and specifications have been prepared with reference to the following improvements: Proi. No. 07-04 Description Hunter Lift Station Location west of TH 3, north of Ash Street, east of 6th Street and south of Walnut St. NOW THEREFORE, BE IT RESOLVED that: 1. The plans and specifications for the Hunter Lift Station Replacement project are approved. 2. The Public Works Director is authorized to insert in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published at least once in the Farmington Independent and in the Construction Bulletin no less than three weeks before the last day for submission of bids. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 10:00 a.m. on the 29nd day of June, 2007 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21 st day of May, 2007. Mayor day of May, 2007. Attested to the City Administrator SEAL 717 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 AdministratorW FROM: Kevin Schorzman, P.E., Assistant City Engineer~ SUBJECT: Elm Street Reconstruction Project-Grant Temporary Easements DATE: May 21,2007 INTRODUCTION At the December 18, 2006, City Council meeting, the Council authorized the execution of a Joint Powers Agreement with Dakota County for the Elm Street Reconstruction Project. As part of the Joint Powers Agreement, Dakota County is acquiring all permanent and temporary easements for the project. DISCUSSION A five foot wide temporary easement is being acquired on both the north and south side of Elm Street along the entire length of the project. The City owns two properties across which a temporary easement is necessary for the project. BUDGET IMPACT None. ACTION REQUESTED Authorize the granting of the two attached temporary easements to Dakota County for the Elm Street Reconstruction Project. Respect71full ubmitted, /L1 e l../L-- ;A"t-'l.' Kevin Schorzman, P.E. Assistant City Engineer cc: file TEMPORARY EASEMENT Know all men by these presents, that the undersigned, hereinafter called GRANTOR(S), for valuable consideration hereby convey(s) to the COUNTY OF DAKOTA, a political subdivision of the State of Minnesota, hereinafter called GRANTEE, its successors and assigns, a temporary easement for highway purposes, together with the unrestricted right to improve the same, within the following described easement area in the County of Dakota, State of Minnesota: A temporary easement for highway purposes, over, under, and across PARCEL 1(312) on DAKOTA COUNTY RIGHT-OF-WAY MAP No. 312, according to the map on file and of record in the Dakota County Recorder's Office, containing approximately 300 square feet. (Real estate located in Lot 5, Block 1, P.H. Feely's Addition) And the said GRANTOR(S) hereby convey(s) to the said County of Dakota all structures, trees, shrubs, grass, aggregate, herbage or other materials now existing on or under said lands or that may be hereafter planted, grown or deposited thereon. This easement shall be effective for one year starting June 1,2007 and ending June 1,2008. Dated this _ day of ,2007. GRANTOR(S): Kevan A. Soderberg, Mayor Peter J. Herlofsky Jr., City Administrator Exempt from deed tax. Also exempt from filing or recording fees pursuant to Minnesota Statute ~ 386.77. ( over) Pill # (S) 14-26050-050-01 C.S.A.H. No. 50 (Elm Street) County Road No. NA STATE OF MINNESOTA) )SS. COUNTY OF DAKOTA ) This instrument was acknowledged before me on This Instrument drafted by: Dakota County Transportation Dept. 14955 Galaxie Avenue, 3rd floor Apple Valley MN 55124-8579 File No. S.A. Project No. 19-650-05 County Project No. 50-05 Parcel No. 1(312) , 2007 by , its Notary Public CSAH 50 PROPERTY EXHIBIT FARMINGTON MAP #312 PARCEL #1 ~LLAGE OF FARMINGTON TEMPORARY EASEMENT 300 S, F, 30' 30' w '" '" 0 L[) ~ '" I n ~ N R ~ 0 i! 0 8. ~ 0 ~ ~ z 0 u ~ ~ ... .., i ~ ~ Lf) .... o ~ CSAH 50 LEGEND DENOlES PARCEl UNE DENOTES EXISTlNG R/W UNE DENOTES CENTERUNE DENOlES TEMPORARY EASEMENT TEMPORARY EASEMENT Know all men by these presents, that the undersigned, hereinafter called GRANTOR(S), for valuable consideration hereby convey(s) to the COUNTY OF DAKOTA, a political subdivision of the State of Minnesota, hereinafter called GRANTEE, its successors and assigns, a temporary easement for highway purposes, together with the unrestricted right to improve the same, within the following described easement area in the County of Dakota, State of Minnesota: A temporary easement for highway purposes, over, under, and across PARCEL 69(312) on DAKOTA COUNTY RIGHT-OF-WAY MAP No. 312, according to the map on file and of record in the Dakota County Recorder's Office, containing approximately 510 square feet. (Real estate located in SW Y4 of the NE Y4 of Section 31) And the said GRANTOR(S) hereby convey(s) to the said County of Dakota all structures, trees, shrubs, grass, aggregate, herbage or other materials now existing on or under said lands or that may be hereafter planted, grown or deposited thereon. This easement shall be effective for one year starting June 1,2007 and ending June 1,2008. Dated this _ day of ,2007. GRANTOR(S): Kevan A. Soderberg, Mayor Peter J. Herlofsky Jr., City Administrator Exempt from deed tax. Also exempt from filing or recording fees pursuant to Minnesota Statute S 386.77. ( over) PID # (S) 14-03100-010-20 C.S.A.H. No. 50 (Elm Street) County Road No. NA STATE OF MINNESOTA) )SS. COUNTY OF DAKOTA) This instrument was acknowledged before me on This Instrument drafted by: Dakota County Transportation Dept. 14955 Galaxie Avenue, 3rd floor Apple Valley MN 55124-8579 File No. S.A. Project No. County Project No. Parcel No. , 2007 by 19-650-05 50-05 69(312) , its Notary Public SITE MAP 84,670 TOTAL SQ FT 1.94 TOTAL ACRES 84,670 ROAD RMI SQ FT PROPERTY 10 NUMBER: 14-D3100-010-20 2006 ESTIMATED MARKET VALUES (PAYABLE 2007) FEE OWNER: CITY OF FARMINGTON 325 OAK ST FARMINGTON MN 55024-1374 LAND: 56,100 BUILDING: TOTAL: 56,100 LOT SIZE PAYABLE 2006 TAXES NET TAX: 0.00 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: 0.00 PAYABLE 2007 ASMNT USAGE:EXEMPT SCHOOL DISTRICT: 192 LOCATION: SW1I4 NE1I4 SECTION 31-114-19 2006 BUILDING INFORMATION (PAYABLE 2007): NO DATA AVAILABLE PAYABLE 2007 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: w ~ 8JID ill []]]] BJI]J urn [] [III]] EJ]g [[]I] [[ ITIIE DJITJ DIITJ ill ~ Bill [;[[[]] [Ii m DIE mID E[ n ffifm blliJj ~ b II~~~I []]B [[] EillJJ DIJIIJ I D BI [[IE EUIIJ ITllIIJ E:g [IT ~bJ PLAT NAME: SECTION 31 TWN 114 RANGE 19 TAX DESCRIPTION: PT OF FORMER RR PROP IN SEC 31-114-19 BEG NW COR BLK22 TOWN OF FARMINGTON S 10D32M 10S W 1365.44FT S OD5M50S E 160.45FT S 89D30M2S W 40FT N OD5M50S W 164.4FT N 100 32M10S E 502.28FT N 89D20M 39S E 20.64FT N 8D48M4S E 86.64FT N 7D31M19S E 85.99 FT N 4D2M29S E 116.56FT N 8D17M26S E 157.51 FT S 890 18M8S W 54.83FT N 10D32M10S E 408.21 FT N 89D22M47S E 101.93FT TO BEG 3111419 [[]][[E ITIIIIE ITIIIID tfffj B nTTllJTl mmrn~ ~ ~ UIIJ[llJJ ~ DIIllIJ [[[JJ]d ITIJE .... imensions rounded to nearest foot. Copyright 2007, Dakota County - This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records. information and data located in various city. county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department Map Date: February 13, 2007 Parcels Updated: 2/8/2007 Aerial Photography: 2003 N ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us ~a.. /j TO: Mayor, Councilmembers, City Administrator (4'-<' L:' FROM: Lisa Shadick, Administrative Services Director SUBJECT: Consider Resolution - Designating Farmington Heritage Landmarks DATE: May 21,2007 ACTION REQUESTED Adopt a resolution designating the Flynn House, 320 Walnut Street, and the Raynor House, 421 Oak Street, as Farmington Heritage Landmarks on the Official City Zoning Map. DISCUSSION In 2005 Council approved a Certified Local Government Grant so the Heritage Preservation Commission (HPC) could begin a local designation project to designate six residential properties Farmington Heritage Landmarks. The first four properties were designated at the December 4, 2006 and January 16,2007 City Council Meetings. The last two residential properties to be designated are: . The Flynn House, 320 Walnut Street . The Raynor House, 421 Oak Street The HPC has determined that the properties at 320 Walnut Street and 421 Oak Street meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-l1-4(A). The HPC has submitted documentation supporting the Heritage Landmark designation of these properties in a report prepared by Robert Vogel and the documents have been forwarded to the Minnesota Historical Society for review. The property owners have reviewed the documents and given approval to the HPC to move forward with the designation process. Respectfully submitted, ~ '" , / ~ j I 1 4J4c:(. 1t4tiiL 6 Lisa Shadick Administrative Services Director cc: George and Sharon Flynn, 320 Walnut Street Gary and Cynthia Raynor 421 Oak Street Robert Vogel, HPC Consultant HPC Members <?a- RESOLUTION NO. R -07 DESIGNATING THE FLYNN HOUSE, AND THE RAYNOR HOUSE AS FARMINGTON HERITAGE LANDMARKS 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 21 st day of May 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington City Council has declared as a matter of public policy that the preservation, protection, perpetuation, and use of significant historic properties is a matter of public necessity; and, WHEREAS, the Heritage Preservation Commission has determined that the Flynn House, and the Raynor House, meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-11-4(A); and, WHEREAS, the Heritage Preservation Commission has submitted documentation supporting Heritage Landmark designation of the Flynn House, and the Raynor House in reports prepared by Robert C. Vogel, Preservation Planning Consultant, dated August 2006; and, WHEREAS, the Minnesota Historical Society is expected to comment favorably on the proposed landmark designations; and, WHEREAS, a public hearing on the proposed landmark designations was held in the City Council Chambers in City Hall on May 21, 2007. NOW, THEREFORE, BE IT RESOLVED that: 1. The Flynn House, and the Raynor House are designated as Farmington Heritage Landmarks. 2. The Flynn House, and the Raynor House will be noted as heritage landmarks on the Official City Zoning Map. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21st day of May 2007. Mayor day of May 2007. Attested to the City Administrator SEAL HERITAGE LANDMARK PLANNING REPORT THE FLYNN HOUSE, 320 WALNUT STREET Prepared by Robert C. Vogel Preservation Planning Consultant August 2006 INTRODUCTION This report documents the historical and architectural significance of the property known as the Flynn House, 320 Walnut Street. The report makes the case for the property's eligibility for designation as a Farmington Heritage Landmark pursuant to 92-11-4 of the City Code. Farmington Heritage Landmarks are the buildings, sites, and districts so designated by the City Council in recognition of their historical, architectural, archaeological, and cultural significance. Properties are nominated for landmark designation by the Heritage Preservation Commission (HPC) following a public hearing. Once a property has been designated a Farmington Heritage Landmark by the City Council, this report becomes part of the official designation record. ADMINISTRATIVE DATA Name of Property: The historic name of the property nominated for Heritage Landmark designation is the Flynn House. Property Owners: George and Sharon Flynn. Location: 320 Walnut Street; Lot 1, Block 9, Town of Farmington. HPC Determination of Eligibility: The Farmington HPC evaluated the Flynn House and found that it meets the Heritage Landmark eligibility criteria. A Finding of Significance was issued by the HPC in 2002. Classification: For preservation planning purposes, the Flynn House is considered a historic building. Historic and Current Function/Use: Single-family residence. DESCRIPTION Architectural Classification: The Flynn House is an example of the Gable Front and Wing Cottage heritage resource type. Heritage Landmark Planning Report, 320 Walnut Street - 1 Boundaries: The boundaries of the proposed heritage landmark are those of the parcel historically associated with the Flynn house. Narrative Description: The Flynn House is a one-and-one-half story, balloon-framed, Gable Front and Wing type cottage with a compound plan, intersecting gable roofs, and several small additions. It is sited on a wooded corner lot near the southern edge of the historic Oak Street neighborhood. A small frame garage (built in 1950), echoing the picturesque character of the house, is sited on the alley to the south of the house. The clapboard siding makes the walls look solid and of one piece. The corner boards, rake moldings, and fascia give the open gable walls a distinctive "temple" front, while vertical trim boards mark the divisions between the various bays. The cornice is a simple flat piece of molding without any fancy decoration. The main floor is only about a foot above grade (a common mid-nineteenth century cottage trait). The enclosed front porch and open back porch are pleasant features and provide convenient access to the front parlor and kitchen, respectively. The front porch has a gently sloped roof supported by decorative brackets and the wall cladding is the same as the body of the house. The small open rail back porch features square posts, vertical balusters, and a gable roof. Window placement is regular, with double-hung sash. The house is somewhat rambling in its layout because of several room-sized appendages on the rear elevation. The Walnut Street facade exhibits some mildly Victorian design features, including the bracketed front porch and bay window, calculated to produce a charming, picturesque effect. The Victorian paint color scheme used by Mr. Flynn also enhances the what Andrew Jackson Downing would have called the "truthfulness" of the original cottage design. EVALUATION Applicable Heritage Landmark Criteria: The Flynn House is eligible for Heritage Landmark designation because it embodies the distinctive characteristics of the Gable Front and Wing Cottage property type. It is also historically significant for its association with the broad pattern of residential development in the Oak Street neighborhood. Local Historic Context: The Flynn House was evaluated within the local historic context, "Residential Neighborhoods, 1865 to 1950," delineated in the city's 1995 historic context study. Area(s) of Significance: The Flynn House is significant in the areas of architectural history (vernacular) and neighborhood heritage (Oak Street). Heritage Landmark Planning Report, 320 Walnut Street - 2 Period of Significance: Subject property attained historical significance qualifying it for Heritage Landmark designation when it was built in 1885. Architect/Builder. The house was probably not designed by a professional architect. The names of the original builder/contractor is not known. Narrative Statement of Significance: The Flynn House is a notable, well preserved example of late-nineteenth century vernacular cottage architecture. Contextually, it relates to the early development of Farmington's oldest residential neighborhood and represents the theme of vernacular cottage architecture. Gable Front and Wing (sometimes referred to as the "Upright and Wing") is the generic term used to describe several related cottage forms that were popular in Farmington from the 1880's until the 1920's. They are classified as vernacular architecture because their form, plan, structure, and ornamentation was based on common, traditional notions of what everyday Americans thought a proper house should look like, rather than the "high-style" fashionability reflected in the academic period styles such as Queen Anne, Italianate, and Colonial Revival. Vernacular cottage architecture flourished throughout the United States during the second half of the nineteenth century and was widely promoted in the pattern books of Andrew Jackson Downing, Alexander Jackson Davis, Daniel Topping Atwood, and others. Industrialization and the growth of the railway system meant that siding, roofing, windows, doors, and decorative trim could be mass-produced in factories or turned out by local craftsmen using sophisticated woodworking machinery. Farmington area home builders were able to literally shop the local lumberyards and hardware stores for stylish architectural features and high- grade construction materials to match their personal tastes and finances. Early vernacular cottages were based on traditional folk house prototypes, but after about 1880 a new class of modest dwellings began to be seen. These "suburban cottages" were also based on standard pattern book plans, but unlike the folk house-derived forms they reflected the technological innovations and changing socio-economic climate of the post-Victorian era. Suburban cottages strove to meet middle-class notions of comfort and beauty by providing more room and modest ornamental treatment, often combining boxy, two-story plans with eye-catching details such as turned porch posts and balustrades, oriel windows, sawn shingle siding, and leading glass. Needless to say, the overwhelming majority of these houses were built by local carpenters or contractors without any participation from architects. The Gable Front and Wing house type occurs in Farmington in both the folk house and suburban cottage forms. The property type is defined entirely in terms of its volumetric characteristics. The ground plan takes the shape of an L and is sited so that the fa<;ade comprises a gabled upright and a perpendicular side Heritage Landmark Planning Report, 320 Walnut Street - 3 wing of varying dimensions. (After about 1890, some Gable Front and Wing cottages assumed a T-shaped ground plan.) In the suburban cottage form, the apexes of both roofs are nearly always the same height. Property tax records give 1885 as the date of construction for the Flynn House and the property is clearly shown on the Sanborn fire insurance maps published between 1899 and 1928 as well as the plat of the village printed in 1896. It is almost certainly a pattern book cottage based on the traditional "gabled ell" folk house form that typified the modest, simple dwellings built by nineteenth century settlers. It is called the historic Flynn House because of its association with George E. Flynn, Sr. (1893-1977), whose family has owned the property since the 1920's. BIBLIOGRAPHY Dakota County Assessor. Property appraisal card for 320 Walnut Street (PIN 14- 77000-010-09). Sanborn Map Co. Fire insurance maps of Farmington, 1885-1928. Library of Congress, Washington, D.C. Vogel, Robert C. Farmington Historic Context Document: Final Report of the Historic Context Study, 1994-1995. City of Farmington, Heritage Preservation Commission, July 1995. "Suburban Cottages, Bungalows, Farm Houses & Ramblers: Vernacular Domestic Architecture in Farmington, 1865-1965." Unpublished historic context background paper, Farmington Heritage Resources Survey, 2001. ADDITIONAL DOCUMENTATION Included as attachments: 1) Map showing the location of 320 Walnut Street 2) Photographs (May 2006) of the principal and rear elevations and the garage. Heritage Landmark Planning Report, 320 Walnut Street - 4 . . . 320 Walnut Street ~.~~. :, ! c .!$~'::'~":'$ '::'J-:.:,...-.:.$~ ~ : 5 ~-'oI~ - . . . .~ 320 Walnut Street . . . 320 Walnut Street . . . 320 Walnut Street -,..-- ..:.~. " Reg: "The Flynn House" at 320 Walnut St, Farmington October 11, 2006 Dear Lisa: Sharon and I will be unable to attend the October 24th meeting regarding this matter. However we feel delighted and honored to be involved in the designation process of our home. Most of the credit should go to Sharon as she was the principal player in the renovation. You might say she was the general contractor and I did the grunt work. She was the one who picked out the "Victorian color scheme" It is rewarding to know it is " traditional and truthful" in the original "cottage" design of the home. Mr Vogel has done a wonderful job of researching our home. A couple remarks as to his report follow: The abstract has an entry of a Warranty Deed dated May 22, 1877 as conveying Lots 1 and 2, Block 9,Town of Farmington, together with the "dwelling house thereon" from a James Fitzsimmons and Sarah, his wife to Benjamin F. Miller. I would someday like to find out something about this Fitzsimmons. Therefore the home may date back prior to 1877. The home really came into the Flynn posession from my Grandfather H.L. Louie Stevens who sold it to his daughter and son in law, Myra Stevens Flynn, and George Flynn Sr., my parents. Mention is made in the report that this home sits about one foot above the ground as is typical of homes in this area. Sometime, someone jacked the home up and put two rows of concrete block on top ot the original limestone foundation which preserved the integrity of the structure. In all our work we found that there was no rot in any sills or studs. Mr Vogel would probably date this by the type of concrete blocks used. Again let us say how honored we are to be chosen as an Historic Property. Perhaps next spring we could give you a tour of the home. As Mr Vogel mentioned it contains many unique features. l~~ ~ .~ ..J'i~ /C.- . I I 4 HERITAGE LANDMARK PLANNING REPORT RAYNOR HOUSE, 421 OAK STREET Prepared by Robert C. Vogel Preservation Planning Consultant August 2006 INTRODUCTION This report documents the historical and architectural significance of the historic property commonly known as the Raynor House at 421 Oak Street. The report makes the case for the property's eligibility for designation as a Farmington Heritage Landmark pursuant to 92-11-4 of the City Code. Farmington Heritage Landmarks are the buildings, sites, and districts so designated by the City Council in recognition of their historical, architectural, archaeological, and cultural significance. Properties are nominated for landmark designation by the Heritage Preservation Commission (HPC) following a public hearing. Once a property has been designated a Farmington Heritage Landmark by the City Council, this report becomes part of the official designation record. ADMINISTRATIVE DATA Name of Property: The name of the property nominated for Heritage Landmark designation is the Raynor House. Property Owners: Gary H. and Cynthia Raynor. Location: 421 Oak Street; part of Lots 11 and 12, Block 24, Town of Farmington. HPC Determination of Eligibility: The Farmington HPC evaluated the historic property and found that it meets the Heritage Landmark eligibility criteria. A Finding of Significance was issued by the HPC in March 1998. Classification: For preservation planning purposes, the Raynor House is considered a historic building. Historic and Current Function/Use: Single-family residence. DESCRIPTION Architectural Classification: The house at 421 Oak Street is an example of the Stick Style Cottage heritage resource type. Heritage Landmark Planning Report 421 Oak Street - 1 Boundaries: The boundaries of the proposed heritage landmark are those of the parcel historically associated with the house. Narrative Description: Subject property is a two story, frame suburban cottage with Stick Style detailing. It has a modified rectangular plan, a pyramidal hip roof, a gabled dormer, an open front porch, and a one-and-one-half story rear addition with a hip roof and enclosed side porch. The exterior walls are finished with horizontal weatherboard siding and the roof is covered with composition asphalt shingles. The most noticeable detail of the house is the non-structural "stick work" of thin boards superimposed on the exterior walls to simulate vertical and horizontal framing members. The dormer also plays a strong role in the overall design of the house. It has a steeply pitched gable and is decorated with carved wooden vergeboards and stick work. The dormer is aligned with the paired windows on the first and second stories (and the center porch posts). The broad front porch spans the width of the fagade and its hipped roof is supported by four square wooden posts. Fenestration is symmetrical, and the first story windows are taller and narrower than those on the upper floor. The flat top of the hip roof visually reduces the vertical thrust of the fagade. The protruding eaves have exposed rafters and are supported by carved wooden brackets. A wide band of trim with parallel and diagonal strips of stick work provides a horizontal division between the first and second stories; the same stickwork is repeated in panels above the windows on both floors and on the bay window. The bracketed bay window on the east elevation is not a major design element, but it adds pattern to what would otherwise be a flat wall and reinforces the picturesque character of the house on its secondary elevation. In keeping with the conventional 1880's color scheme, the body of the house is painted a lighter color than the trim. The house is located in the Oak Street Historic Preservation Planning Area, a neighborhood dominated by detached single-family homes and tree-lined streets. The building site is level and the property occupies a standard-sized (.19 acre) lot. The front yard is enclosed with a white picket fence and a large shade tree helps frame views of the property from Oak Street. A large contemporary frame, garage is set on the back of the lot and is accessed from Fourth Street. EVALUATION Applicable Heritage Landmark Criteria: Subject property is eligible for Heritage Landmark designation because it embodies the distinctive characteristics of the Stick Style Cottage heritage resource type. It is also historically significant for its association with the broad pattern of residential development in the Oak Street neighborhood. Heritage Landmark Planning Report 421 Oak Street - 2 Local Historic Context: The Raynor House was evaluated within the local historic context, "Residential Neighborhoods, 1865 to 1950," delineated in the city's 1995 historic context study. Area(s) of Significance: The Raynor House is significant in the areas of architectural history (Late Victorian) and neighborhood heritage (Oak Street). Period of Significance: The Raynor House attained historical significance qualifying it for Heritage Landmark designation when it was built in 1880. Architect/Builder. The house was probably not designed by a professional architect. The names of the original builder and contractor are not known. Narrative Statement of Significance: The house at 421 Oak Street is a notable, well preserved example of Late Victorian period domestic architecture and a rare specimen of the Stick Style Cottage. Contextually, it relates to the early development of Farmington's oldest residential neighborhood and represents the theme of Late Victorian styled domestic architecture. Stick Style cottages are plain, simple and relatively modern; therefore, they often appear informal and relaxed in comparison with Late Victorian houses built in the Queen Anne or Italianate modes. The style is characterized by the ornamental sawn wood "stick work" that gives the style its name: superimposed on the wood siding, the exposing framing was designed to suggest on the outside the inner structural framing of the house. (The "Stick" designation is not historic: the name was coined by Yale University architectural historian Vincent Scully in the 1950's.) Nineteenth century American architects looked to the half-timbered cottages of Elizabethan England for their inspiration in conceiving the Stick Style Cottage and their designs were widely promoted in architectural pattern books and builder's manuals (the earliest known pattern book plans are those published by Andrew Jackson Downing in his 1861 Country Houses). Stick Style cottages were built mostly in urban areas-small town examples tend to be smaller, simplified versions of the picturesque prototypes and architectural historians agree the style was never especially popular in Minnesota. It may be that most of the nineteenth century pattern book versions did not last long during an era which delighted in fanciful adornments. The house at 421 Oak Street is large and rather plain in comparison with "high style" versions of Stick-styled houses-perhaps the original owner was afraid his neighbors would talk if he built something too different from what was going up in Farmington in the 1880's. There can be little doubt that the builder adapted a pattern book plan that merged vernacular design precepts with current architectural fashion. While the house lacks the asymmetrical massing and profuse ornamentation typical of the Late Victorian period cottage styles Heritage Landmark Planning Report 421 Oak Street - 3 (relatively few Stick Style cottages incorporate all of the possible decorative features), the skin-deep Stick treatment on the principal fac;ade is one of the most pleasant features of the streetscape. Subject property was successfully rehabilitated during the 1990's through intensive repairs and minor alterations which have preserved the distinctive architectural features which are significant to its historic preservation value. One of the most attractive homes in the Oak Street neighborhood, and the only Stick Style Cottage within the city limits, it invites attention as one of Farmington's best examples of Late Victorian period architecture. BIBLIOGRAPHY Dakota County Assessor. Property appraisal card for 421 Oak Street (PIN 14- 77000-121-24 ). Sanborn Map Co. Fire insurance maps of Farmington, 1885-1928. Library of Congress, Washington, D.C. Vogel, Robert C. Farmington Historic Context Document: Final Report of the Historic Context Study, 1994-1995. City of Farmington, Heritage Preservation Commission, July 1995. ADDITIONAL DOCUMENTATION Includes as attachments: 1) Map showing the location of 421 Oak Street. 2) Photographs (May 2006) showing primary and secondary elevations. Heritage Landmark Planning Report 421 Oak Street - 4 . . . Co Ii ht @ 2006. Dakota Cou 421 Oak Street . . . . o o 421 Oak Street. o/; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator FROM: Robin Roland, Finance Director SUBJECT: Consider Abatement Agreement - Vermillion River Crossings DATE: May 21,2007 INTRODUCTION A public hearing must be held to consider the abatement agreement for the Vermillion River Crossings project as was discussed at the City Council meeting on May 7,2007. DISCUSSION The abatement agreement attached with this memo addresses both City and Developer needs and concerns in the spirit of the language of the original development agreement. Staff has incorporated the twenty year time period as directed by Council. Highlights of the agreement are as follows: . Developer will receive the City's portion of the increase in taxes generated by the properties up to the amount of the Spruce Street Assessments plus interest semi annually for 20 years. . The tax base abated is exclusive of fiscal disparities. Future consideration of fiscal disparities is incorporated into the document as a contingency if the build out schedule is met. . Exhibit C reflects a build out schedule for the project. Sid Inman of Ehlers & Associates and Lynnette Slater Crandall of Dorsey & Whitney have worked with staff on the agreement and will be in attendance at the meeting to answer any questions Council may have. ACTION REQUIRED Consider public input at the public hearing. Once the public hearing is closed, consider adoption of the proposed abatement agreement. Respectfully submitted, /) {//:( ,-(I Robin Roland Finance Director ABATEMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2007, by and between the City of Farmington, a Minnesota municipal corporation (the "City"), and Vermillion River Crossing, LLC, a Minnesota limited liability company, or its successors or permitted assigns ("Developer"). RECIT ALS WHEREAS, the City and Developer entered into that certain Development Contract dated August 1,2005, recorded October 26,2005 in the office of the Dakota County Recorder as document number 2374405, which was amended by that certain First Amendment to Development Contract dated May 15,2006, recorded May 22,2006, in the office of the Dakota County Recorder as document number 2431735 (the "First Amendment"), and that certain Second Amendment to Development Contract dated , 2007 recorded , 2007 in the office of the Dakota County Recorder as document number (as amended the "Contract"); WHEREAS, Developer assigned the Contract to Dougherty Funding, LLC (the "Lender"), pursuant to that certain Assignment of Development Contract and Development Rights dated September 9, 2005; WHEREAS, the Contract provides for the construction of certain public and private improvements, and the assessment in the amount of $2,000,000 for the construction of Spruce Street against certain developable land in the Vermillion River Crossings development (the "Spruce Street Assessment"), which assessment will be levied over a fifteen year period at an interest rate of 5% per annum, pursuant to Minnesota Statutes, Chapter 429, to fund such improvements (the "Bonds"); WHEREAS, the Contract provides that the City and Developer will enter into an abatement agreement; WHEREAS, the parties agree that the City will pay to Developer the City's portion of the incremental increase in ad valorem taxes generated by the Property (as hereinafter defined) over a period not to exceed twenty (20) years and in an amount not to exceed to the Spruce Street Assessment, plus interest at the rate of 5% per annum; WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 (the "Abatement Act"), the City is authorized to grant an abatement of ad valorem taxes imposed by the City if it finds that the benefits to be derived from anticipated development exceed the estimated cost of such benefit and if doing so will increase tax base, provide new employment opportunities, assist in the construction of new public facilities, help City residents access services and result in the provision of new infrastructure within the City; WHEREAS, the City believes that the development contemplated by the Contract and the payment to Developer of the increased taxes generated by the Property as further set forth in this Agreement are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements. NOW, THEREFORE, in consideration of the promises and the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Abatement" means the dedication to Developer of the incremental increase in City ad valorem taxes generated by improvements to the Property assessed after January 2004, in a total amount not to exceed the Abatement Amount. "Abatement Act" means Minnesota Statutes, Sections 469.1812 to 469.1815, as the same may be amended from time to time. "Abatement Amount" means the total outstanding principal amount of the Spruce Street Assessment, plus interest at the rate of 5% per annum. "Abatement Period" means, with respect to each parcel of Property, the period commencing on the first Payment Date subsequent to the date on which the Spruce Street Assessment first becomes payable (or in case of Lot 1, Block I, Vermillion River Crossings 2nd Addition or such other parcel of Property not subject to the Spruce Street Assessment, the date on which the Spruce Street Assessment would have first become payable with respect to such parcel if it were not otherwise exempt from such assessment), but in no event shall the first Payment Date be later than August 1,2012, and ending on the earlier of (i) the date on which the Abatement Amount is paid in full or (ii) the date which is twenty (20) years from such Payment Date. "Abatement Resolution" means the resolution in the form attached hereto as Exhibit B, adopted by the City Council, granting Abatement to Developer. "Aggregate Payment" shall have the meaning ascribed to such term in Section 3.2 of this Agreement. "Agreement" means this agreement, as the same may be from time to time modified, amended, or supplemented by agreement of the parties. "Base Tax Capacity" means the total assessed fair market value attributable to a parcel of Property times the Class Rate(s) applicable to such Property for taxes payable as of 2005 ($ ). "City" means the City of Farmington, Minnesota. "City Tax Capacity Rate" means the sum of all of the local tax rates imposed by the City excluding its development entities, if applicable, upon the Tax Capacity of taxable property within the City in any given year for taxes payable, excluding special levies or levies that are separately designated on the tax statement. "Class Rate" means the legislative class rate or rates applied to parcel of property based on its use pursuant to Minnesota Statutes, Section 273.13, which rate is multiplied by the assessed market value of such property to determine Tax Capacity. "County" means Dakota County, Minnesota. "Payment Date" means each August 15t and February 15t during the applicable Abatement Period. "Project" means the new, commercial, mixed-use facilities contemplated by the Contract, as further described on Exhibit C, attached hereto. "Property" means the real property legally described on Exhibit A, attached hereto. "School District" means Independent School District 192. "Semi-Annual City Abatement Amount" means, with respect to each parcel of Property, an amount equal to: the Tax Capacity attributable to such parcel for the year in question, less the Base Tax Capacity, times the City Tax Capacity Rate for such year divided by two (2). "Spruce Street Assessment" has the definition ascribed to it in the Recitals to this Agreement. "State" means the State of Minnesota. "Tax Capacity" means the total assessed fair market value attributable to a parcel of real property times the Class Rate(s) applicable to such property in that year for taxes payable, excluding any allocation of tax capacity for fiscal disparities purposes pursuant to Chapter 473F of Minnesota Statutes, except as provided in Section 3.2 hereof. ARTICLE II Representations and Warranties Section 2.1. Representations by the City. The City represents, warrants and covenants as follows: (a) The City is a municipal corporation under the laws of the State and is duly authorized and has the requisite power to enter into this Agreement and perform its obligations hereunder. Performance of the City's obligations under this Agreement does not conflict with any of its contracts, enabling legislation, or governing documents. (b) The City will perform its obligations under this Agreement fully and timely. (c) The City will construct the public improvements in accordance with the terms set forth in the Contract. (d) The City will assess the construction of Spruce Street in accordance with Section 2 of the First Amendment. (e) The City represents and warrants that it has complied with the requirements of Section 469.1813, Subdivision 6, paragraph (b), of the Abatement Act in order to qualify for the twenty (20) year Abatement Periods contemplated hereunder. (f) The City has complied with all applicable laws required and necessary to provide the abatement assistance to Developer as further described herein. (g) The City will annually provide Developer with an accounting of (i) the outstanding amount of the Spruce Street Assessment and (ii) the amount of Abatement paid to Developer or its assigns under this Agreement. The City makes no representations or warranties that the Aggregate Payment will equal the Spruce Street Assessment. Section 2.2. Representations by Developer. Developer represents, warrants and covenants as follows: (a) Developer is not knowingly in violation of any the laws of the State or federal government that would affect its ability to enter into this Agreement, and has all necessary power and authority to enter into this Agreement and to carry out its obligations hereunder. (b) Developer will construct the improvements as further described in the Contract upon the terms set forth therein. (c) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement by Developer is prevented, limited by, or conflicts with or results in a breach of the terms, conditions or provisions of any evidences of indebtedness, agreement or other instrument of whatever nature to which Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (d) The Project would not occur but for the cooperation and financial assistance being provided by the City hereunder. (e) Developer will use commercially reasonable efforts to construct and complete the Project in accordance with the completion dates set forth on Exhibit C hereto. (f) Developer must defend and hold harmless the City and each member, official, consultant, consultant's employee, or employee of the City from any and all third party demands, claims, actions, suits or proceedings which arise out of, result from or relate to the Project to the extent not attributable to the gross negligence of the City, its members, officials, consultants, consultants' employees, or employees. ARTICLE In Abatement Section 3.1. Abatement Resolution. Prior to approval of this Agreement, the City has conducted a public hearing pursuant to Section 469.1813, Subdivision 5, of the Abatement Act and adopted the Abatement Resolution. It is the intent of the parties hereto that the Abatement Resolution and this Agreement shall govern the terms of the public assistance to be provided Developer hereunder. To the extent there is a conflict between the terms of the Abatement Resolution and this Agreement, the terms of this Agreement shall govern and control. Section 3.2. Abatement. The City hereby grants to Developer the Abatement for the Abatement Period. The Abatement Amount shall be paid on or before each Payment Date in an amount equal to the Semi-Annual City Abatement Amount first as reimbursement to the Developer for Spruce Street Assessments, plus interest, previously paid by the Developer, and second to the prepayment of unpaid Spruce Street Assessments. The sum of all Semi-Annual City Abatement Amounts paid to or on behalf of the Developer on each Payment Date shall be collectively referred to as the "Aggregate Payment." In no event shall the Aggregate Payment hereunder exceed $2,882,000. The sum of the Semi-Annual City Abatement Amounts during any calendar year shall not exceed the greater of Two Hundred Thousand Dollars ($200,000) or ten percent (10%) of the total City property tax levy for such year as required by Section 469.1813, Subdivision 8. In the event that, on the date that is three years from the date hereof, the targeted completion dates set forth on Exhibit C hereto shall be met by the Developer and it is determined by an independent financial advisor to the City that the projected Aggregate Payment for the Abatement Period will not equal $2,882,000, then for all future Payment Dates, the Tax Capacity used to determine the Semi-Annual City Abatement Amounts shall include any allocation of tax capacity for fiscal disparities purposes pursuant to Chapter 473F of Minnesota Statutes. ARTICLE IV Assh!nment and Transfer Section 4.1 Assignment of Abatement Agreement. The Developer may not transfer or assign, either directly or indirectly, to any other party all or any portion of this Agreement without the prior written approval of the City, which shall not be unreasonably withheld. The Authority shall be entitled to require as conditions to any such approval that: (i) the proposed transferee have the qualifications and financial responsibility, as reasonably determined by the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by Developer; and (ii) the proposed transferee, by recordable instrument satisfactory to the Authority shall, for itself and its successors and assigns, assume all of the obligations of Developer under this Agreement. Section 4.2 Transfer of Rights to Receive Semi-Annual Abatement Amounts. Developer may assign, pledge or otherwise transfer its right to receive all or any portion of the Semi-Annual City Abatement Amounts. ARTICLE V Default and Remedies Section 5.1. Defined. The term "Event of Default" shall mean any failure by Developer or the City to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the Contract after the expiration of the applicable cure periods. Section 5.2. Remedies. Upon an Event of Default as described in Section 5.1, the non- defaulting party may exercise the following remedies under this Section 5.2 after providing thirty (30) days written notice to the defaulting party of the Event of Default, but only if (a) the Event of Default has not been cured within said thirty (30) days or (b) the Event of Default is by its nature incurable with reasonable diligence within said thirty (30) days, and the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the Event of Default will be cured as soon as reasonably possible but, in any event, within 90 days: (a) Suspend its performance under this Agreement; (b) Cancel, rescind or terminate this Agreement; or (c) Take whatever action permitted by law, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 5.3. Exclusivity of Remedies. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any remedy or power accruing upon any Event of Default shall impair any such remedy or power or shall be construed to be a waiver thereof. Any such remedy and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE VI Additional Provisions Section 6.1. Conflicts of Interest; City Representatives Not Individually Liable. No member, official, consultant, consultant's employee, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, consultant, consultant's employee or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. Section 6.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by any party to the other shall be sufficiently given or delivered upon receipt if personally delivered or three (3) days after dispatched by U.S. registered or certified mail, postage prepaid, return receipt requested; and (a) III the case of Developer, IS addressed to or delivered personally to (b) in the case of the City to Peter J. Herlofsky, City Administrator, City of Farmington, 325 Oak Street, Farmington, MN 55024. or at such other address with respect to such party as that party may, from time to time, designate in writing and forward to the other parties as provided in this Section. Section 6.4. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 6.5. Law Governing. This Agreement will be governed and construed III accordance with the laws of Minnesota. Section 6.6. Severability. If any provision of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction that provision shall be automatically reformed in such a manner as is consistent with the remaining terms of this Agreement and sufficient to comply with applicable law or if such reformation is not reasonably feasible under the circumstances, the provision shall be deemed severed from this Agreement and the remainder of this Agreement shall otherwise remain in full force and effect. Section 6.7. Complete Agreement. This Agreement is the complete agreement between the parties hereto with respect to the matters addressed herein and shall, as of the Agreement Date supersede all prior agreements related thereto, both oral and written. Section 6.8. Authority. Each of the undersigned parties warrants that it has full authority to exercise this Agreement, and each individual signing this Agreement on behalf of a corporation or other legal entity hereby warrants that he or she has full authority to sign on behalf of the corporation or other legal entity that he or she represents and to bind such corporation or other legal entity thereby. IN WITNESS WHEREOF THE CITY HAS EXECUTED THIS AGREEMENT AS OF THE DATE FIRST SET FORTH ABOVE. CITY OF FARMINGTON By (seal) Its: Mayor By Its: City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this _ day of , 2007, by and , the Mayor and City Administrator, respectively, of the City of Farmington, a Minnesota municipal corporation, on behalf of such municipal corporation. Notary Public IN WITNESS WHEREOF THE DEVELOPER HAS EXECUTED THIS AGREEMENT AS OF THE DATE FIRST SET FORTH ABOVE. VERMILLION RIVER CROSSING, LLC By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2007, by , the of VERMILLION RIVER CROSSING, LLC, a Minnesota limited liability company, on behalf of such company. Notary Public EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The below described property, which was originally platted as Vermillion River Crossings: VERMILLION RIVER CROSSINGS - LEGAL DESCRIPTION The South One-half of the Northeast Quarter (S 1/2 of NE 1/4) of Section 36, Township 114, Range 20, Dakota County, Minnesota, EXCEPTING therefrom the West Ten (W.I0) acres thereof, AND EXCEPTING as follows: Commencing at the Northeast (NE) comer of the Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4) of said Section 36; thence south (assumed bearing) along the East line thereof a distance of 315.0 feet; thence South 89 degrees 38 minutes 06 seconds West parallel with the centerline of Minnesota Hwy. No. 50 a distance of 111.0 feet to its intersection with a line 50.0 feet easterly of the centerline of CSAH No. 31; thence North 05 degrees 30 minutes West parallel with said centerline a distance of 9.11 feet to the beginning of a tangent curve to the right, radius of 1859.86 feet; thence northerly along curve which is concave to the East, central angle of 06 degrees 10 minutes, 50 feet easterly of and parallel with said centerline, a distance of 200.17 feet to the point of tangency; thence North 00 degrees 40 minutes East along tangent to said curve a distance of 105.54 feet, more or less, to its intersection with the North line of said Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4), thence easterly along said North line to the point of beginning; AND EXCEPTING a 100 foot wide tract of land in the Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4) of said Section 36, the centerline of said tract of land being described as follows: commencing at a point 319.92 feet West and 312.75 feet North (assuming the East line of said SE 1/4 bears North) of the Southeast corner of said SE 1/4; thence North 38 degrees 30 minutes East for a distance of 14.29 feet; thence Easterly a distance of 200.70 feet along a tangential curve concave to the South having a radius of250.0 feet and a central angle of 46 degrees 00 minutes; thence North 84 degrees 30 minutes East for a distance of 65.0 feet; thence Southeasterly a distance of approximately 74.0 feet along a tangential curve concave to the South having a radius of 150.0 feet and a central angle of 50 degrees 00 minutes to the East line of said SE 1/4, and said centerline there terminating. The side I ines of said 100 foot wide tract of land are shortened or extended to intersect the East line of said Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4), all according to the Government Survey thereof. EXHIBIT B FORM OF ABATEMENT RESOLUTION CITY OF FARMINGTON, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION PROVIDING FOR ABATEMENT OF CERTAIN CITY REAL ESTATE TAXES PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.1812 TO 469.1815, AND SPECIFYING THE TERMS THEREOF WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 (the "Abatement Act"), the City is authorized to grant an abatement of ad valorem taxes imposed by the City if it finds that the benefits to be derived from anticipated development exceed the estimated cost of such benefit and if doing so will increase tax base, provide new employment opportunities, assist in the construction of new public facilities, help City residents access services or result in the provision of new infrastructure within the City; and WHEREAS, Vermillion River Crossing, LLC, or its successors or permitted assigns ("Developer"), has proposed to undertake a commercial development and to construct or cause to be constructed new mixed-use facilities therein (the "Development"); and WHEREAS, in order to achieve the objectives of the City and to facilitate the Development, the City is prepared to provide for the construction of certain public improvements in and around the Development, to assess a portion of the costs thereof to all or a part of the property comprising the Development and to payor reimburse the Developer for payment of such assessments, all pursuant to that certain Development Contract between the City and Developer, including amendments thereto (the "Agreement"), a public hearing with respect to which has been conducted by the City pursuant to the Abatement Act and Minnesota Statutes, Section 116J.994, Subdivision 5; and WHEREAS, the City believes that the Development contemplated by the Agreement is in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Development has been undertaken. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON AS FOLLOWS: I. Definitions Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. II. Abatement 2.1. During the Abatement Period, each parcel of Property comprising the Development shall be abated as set forth in the Agreement. Pursuant to Minnesota Statutes, Section 469.1813, Subdivision 6, the duration of each such Abatement shall be for the maximum permitted time period of twenty (20) years. 2.2. The Semi-Annual City Abatement Amounts shall be paid to Developer by the City first as reimbursement, in whole or in part, for Spruce Street Assessments, plus interest, paid by the Developer, and second to the prepayment ofthen unpaid Spruce Street Assessments. 2.3. The sum of the Semi-Annual City Abatement Amounts during any calendar year shall not exceed the greater of (a) ten percent (10%) ofthe total City property tax levy or (b) Two Hundred Thousand Dollars ($200,000). III. Public Benefit 3.1. The Agreement and the abatement authorized by this Resolution are in the public interest because: (a) The Property is largely vacant and underutilized, and the Agreement will precipitate immediate and ongoing development within the City; (b) The Agreement provides the City a better opportunity to have input into the planning and development of the Property; (c) The anticipated Development will include amenities that will benefit all residents of the City; (d) Development of the Property will enhance the tax base not only of the City, but also of the County and School District; (e) Through the special assessment process, the Developer will initially assist in the financing and construction of public infrastructure. 3.2. The economic benefits to the City as a result of the Agreement and the abatement authorized by this Resolution will exceed the cost thereof. The City's financial advisor has presented evidence to the City that, during the Abatement Period contemplated under the Agreement, Developer could receive net present value abatement from the Development equal to two million dollars ($2,000,000). During that same period, the City's share of ad valorem taxes generated by the Development is anticipated to equal a net present value of approximately million dollars ($_,000,000). IV. Administrative 4.1. Except as expressly provided in the Agreement or as otherwise agreed in writing by the parties, the abatement authorized by the Agreement and this Resolution shall not be modified or changed in any manner during the term of the Agreement. 4.2. The City shall comply with the administrative provisions contained in Section 469.1815 of the Abatement Act. 4.3. The City hereby approves the Agreement and the Abatement provided thereunder and authorizes the appropriate City officers to execute and deliver the same in substantially the form presented to this Council, making only such changes to the Agreement as in their discretion do not substantially change the terms thereof. 4.4. The City hereby delegates to City staff the responsibility for administering the abatement program authorized by this Resolution to the extent specifically described in the Agreement. 4.5. The City staff and consultants are authorized and directed to record and deliver this Resolution to the appropriate public officers. 4.6. In the event of a conflict between the content of this Resolution and the Agreement, the terms of the Agreement shall prevail. 4.7. The Abatement constitutes a business subsidy, and a public hearing was held regarding the same. As a condition of approval of the Agreement and the granting of the Abatement hereunder, Developer shall execute and deliver to the City a Business Subsidy Agreement. APPROVED by the City Council ofthe City of Farmington this _ day of ,2007. CITY OF FARMINGTON Mayor Attest: Parcel EXHIBIT C PROJECT DESCRlPTION/TIMELINES Completion Date ,2008 ,2009 ,2010 Proiect 7,500 sq. ft. commercial/retail 48,000 sq. ft. retail 100,000 sq. ft. big box retail, 60-room hotel, 45 units multifamily housing . . . O:'s-lr;bul~c/ .s'~/~/ ABATE1YrENT AGREElY.rENT THIS AGREEMENT, made on or as of the day of , 2007, by and between the City of Fannington, a Minnesota municipal corporation (the "City"), and lAND, LLC, a Minnesota limited liability company, or its successors or permitted assigns, successor in interest to Vermillion River Crossing, LLC ("Developer"). RECITALS WHEREAS, the City and Developer entered into that certain Development Contract dated August 1,2005, recorded October 26,2005 in the office of the Dakota County Recorder as document number 2374405, which was amended by that certain First Amendment to Development Contract dated May 15, 2006, recorded May 22, 2006, in the office of the Dakota County Recorder as document number 2431735 (the "First Amendment"), and that certain Second Amendment to Development Contract dated , 2007 recorded , 2007 in the office of the Dakota County Recorder as document number (as amended the "Contract"); WHEREAS, Developer assigned the Contract to Dougherty Funding, LLC (the "Lender"), pursuant to that certain Assignment of Development Contract and Development Rights dated September 9,2005; WHEREAS, the Contract provides for the construction of certain public and private improvements, and the assessment in the amount of $2,000,000 for the construction of Spruce Street against the developable portion of land in the Vermillion River Crossings development (the "Spruce Street Assessment"), which assessment will be levied over a fifteen year period at an interest rate of 5% per annum, pursuant to Minnesota Statutes, Chapter 429, to fund such improvements (the "Bonds"); WHEREAS, the Contract provides that the City and Developer will enter into an abatement agreement; WHEREAS, the parties agree that the City will pay to Developer the City's portion of the incremental increase in ad valorem taxes generated by the developable portion of the Property defined herein (being approximately 29 acres of the 70 acres comprising the Property) over a period not to exceed twenty (20) years and in an amount not to exceed to the Spruce Street Assessment, plus interest at the rate of 5% per annum; WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 (the "Abatement Act"), the City is authorized to grant an abatement of ad valorem taxes imposed by the City if it finds that the benefits to be derived from anticipated development exceed the estimated cost of such benefit and if doing so will increase tax base, provide new employment opportunities, assist in the construction of new public facilities, help City residents access services and result in the provision of new infrastructure within the City; WHEREAS, the City believes that the development contemplated by the Contract and the payment to Developer of the increased taxes generated by the Property as further set forth in this Agreement are in the vital and best interests of the City and the health, safety, morals, and- vvelfare vf its residents, and in accord \vith the public purposes and provisions of the applicable State and local laws and requirements. . NOW, THEREFORE, in consideration of the promises and the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Abatement" means the dedication to Developer of the incremental increase in City ad valorem taxes generated by improvements to the Property assessed after January 2004, in a total amount not to exceed the Abatement Amount. "Abatement Act" means Minnesota Statutes, Sections 469.1812 to 469.1815, as the same may be amended from time to time. "Abatement Amount" means the total outstanding principal amount of the Spruce Street Assessment, plus interest at the rate of 5% per annum. "Abatement Period" means, with respect to each parcel of Property, the period commencing on the first Payment Date subsequent to the date on which the Spruce Street . Assessment first becomes payable (or in case of Lot 1, Block 1, Vermillion River Crossings 2nd Addition or such other parcel of Property not subject to the Spruce Street Assessment, the date on which the Spruce Street Assessment would have first become payable with respect to such parcel if it were not otherwise exempt from such assessment), but in no event shall the first Payment Date be later than August 1,2012, and ending on the earlier of (i) the date on which the Abatement Amount is paid in full or (ii) the date which is twenty (20) years from such Payment Date. "Abatement Resolution" means the resolution in the form attached hereto as Exhibit B, adopted by the City Council, granting Abatement to Developer. "Aggregate Payment" shall have the meaning ascribed to such term in Section 3.2 of this Agreement. "Agreement" means this agreement, as the same may be from time to time modified, amended, or supplemented by agreement of the parties. "Base Tax Capacity" means the total assessed market value:I)x Caoacitv attributable to a developable parcel of Property for taxation purposes times the Class Rate(s) applicable to such Property for taxes payable in 2005. The Base Tax Capacity of the developable portion of the Property is $1,333.81, calculated as follows: Total Property Acreage Developable Property Acreage 70 acres 29 acres . 0- .. ..."~ . . . Percentage of Property Developable Total Assessed Market Value Pay 2005 Total Assessed Market Value Land Total Assessed Market Value Building Total Base Tax Capacity Land (@.55%) Total Base Tax Capacity Building (@1.0%) Total Base Tax Capacity Total Base Tax Capacity Developable Portion (@41%) 41% $649,200 $578,600 $ 70,600 $3,182.60 $ 70.60 $3,253.20 $1,333.81 The Base Tax Capacity for any particular parcel now existing or hereafter created which is included in the developable portion of the Property shall be calculated pro rata, that is by that percentage that the square footage of such parcel bears to the square footage of the entire 29-acre developable portion of the Property (1,263,240 square feet), or as otherwise may be agreed by the City and the Developer at the time such parcel is sold or otherwise transferred by the Developer. "City" means the City of Farmington, Minnesota. "City Tax Capacity Rate" means the sum of all of the local tax rates imposed by the City excluding its development entities, if applicable, upon the Tax Capacity of taxable property within the City in any given year for taxes payable, excluding special levies or levies that are separately designated on the tax statement. "Class Rate" means the legislative class rate or rates applied to a parcel of property based on its use pursuant to Minnesota Statutes, Section 273.13, which rate is multiplied by the assessed market value of such property to determine Tax Capacity. "County" means Dakota County, Minnesota. "Payment Date" means each August 15t and February 15t during the applicable Abatement Period. "Project" means the new, commercial, mixed-use facilities contemplated by the Contract, as further described on Exhibit C, attached hereto. "Property" means the real property legally described on Exhibit A, attached hereto. "School District" means Independent School District 192. "Semi-Annual City Abatement Amount" means, with respect to each parcel of Property, an amount equal to: the Tax Capacity attributable to such parcel for the year in question, less the Base Tax Capacity, times the City Tax Capacity Rate for such year divided by two (2). "Spruce Street Assessment" has the definition ascribed to it in the Recitals to this Agreement. "State" means the State of Minnesota. "Tax Capacity" means the total assessed market value attributable to a parcel of real property times the Class Rate(s) applicable to such property in that year for taxes payable, . excluding any allocation of tax capacity for fiscal disparities purposes~ie$t TI;l, lbe areawid:..,.,i.ID,i rate pursuant to Chapter 473F of Minnesota Statutes, except as provided in Section 3.2 hereof. "Unavoidable Delays" means delays beyond the reasonable control of the Developer, its successors, assigns and/or agents, which include, without limitation, (1) strikes or other labor troubles; (2) acts of God, fire or other casualty to the Project; (3) litigation commenced by third parties which results in delays; (4) acts of war or terrorism, (5) the 'filing of a petition by a third- party which mandates by operation of law the delaying of the Project; (6) severe adverse weather conditions; (7) acts or failures to act of any Federalfs:deral, State or local governmental unit~ or (8) delay resulting from the failure of the City or any other governmental entity to timely perform its obligations hereunder or as otherwise required by law. ARTICLE II Reuresentations and Warranties Section 2.1. Representations by the City. The City represents, warrants and covenants as follows: (a) The City is a municipal corporation under the laws of the State and is duly authorized and has the requisite power to enter into this Agreement and perform its obligations hereunder. Performance of the City's obligations under this. Agreement does not conflict with any of its contracts, enabling legislation, or governing documents. . (b) The City will perform its obligations under this Agreement fully and timely. (c) The City will construct the public improvements in accordance with the terms set forth in the Contract. (d) The City will assess the construction of Spruce Street in accordance with Section 2 of the First Amendment. ( e) The City represents and warrants that it has complied with the requirements of Section 469.1813, Subdivision 6, paragraph (b), of the Abatement Act in order to qualify for the twenty (20) year Abatement Periods contemplated hereunder. (f) The City has complied with all applicable laws required and necessary to provide the abatement assistance to Developer as further described herein. (g) The City will annually provide Developer with an accounting of (i) the outstanding amount of the Spruce Street Assessment and (ii) the amount of Abatement paid to Developer or its assigns under this Agreement. The City makes no representations or warranties that the Aggregate Payment will equal the Spruce Street Assessment. . O. .~ ~. ..;' . . Section 2.2. Representations by Developer. Developer represents, warrants and covenants as follows: (a) Developer is not knowingly in violation of any the laws of the State or federal government that would affect its ability to enter into this Agreement, and has all necessary power and authority to enter into this Agreement and to carry out its obligations hereunder. (b) Developer will construct the improvements as further described in the Contract upon the terms set forth therein. (c) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement by Developer is prevented, limited by, or conflicts with or results in a breach of the terms, conditions or provisions of any evidences of indebtedness, agreement or other instrument of whatever nature to which Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing, (d) The Project would not occur but for the cooperation and financial assistance being provided by the City hereunder. (e) Developer will use commercially reasonable efforts, subject to Unavoidable Delay, to construct and complete the Project in accordance with the completion dates set forth on Exhibit C hereto. While failure to construct in accordance with Exhibit C will negatively impact reimbursement of the Developer under this Agreement, such failure shall not constitute an Event of dcfaultDefault under Article VI hereof. (f) Developer must defend and hold harmless the City and each member, official, consultant, consultant's employee, or employee of the City from any and all third party demands, claims, actions, suits or proceedings which arise out of, result from or relate to development of the Project to the extent not attributable to the gross negligence of the City, its members, officials, consultants, consultants' employees, or employees. ARTICLE III Abatement Section 3.1. Abatement Resolution. Prior to approval of this Agreement, the City has conducted a public hearing pursuant to Section 469.1813, Subdivision 5, of the Abatement Act and adopted the Abatement Resolution. It is the intent of the parties hereto that the Abatement Resolution and this Agreement shall govern the terms of the public assistance to be provided Developer hereunder. To the extent there is a conflict between the terms of the Abatement Resolution and this Agreement, the terms of this Agreement shall govern and control. Section 3.2. Abatement. The City hereby grants to Developer the f',-batement for the Abatement Period. The Abatement Amount shall be paid on or before each Payment Date in an . amount equal to the Semi-Annual City Abatement Amount first as reimbursement to the Developer for Spruce Street Assessments, plus interest, previously paid by the Developer, and second to the prepayment of unpaid Spruce Street Assessments. The sum of all Semi-Annual City Abatement Amounts paid to or on behalf of the Developer on each Payment Date shall be collectively referred to as the "Aggregate Payment." In no event shall the Aggregate Payment hereunder exceed $2,882,000.3.050.000. The sum of the Semi-Annual City Abatement Amounts during any calendar year shall not exceed the greater of Two Hundred Thousand Dollars ($200,000) or ten percent (10%) of the total City property tax levy for such year as required by Section 469.1813, Subdivision 8. In the event that, on the date that is three years from the date hereof, the targeted completion dates set forth on Exhibit C hereto have, subject to Unayoidable Delays, been met by the Developer and it is determined by an independent financial advisor to the City that the projected Aggregate Payment for the Abatement Period will not equal $2,882,000,3.050.000. then for all future Payment Dates, the Tax Capacity used to determine the Semi-Annual City Abatement Amounts shall include any allocation of tax capacity for fiscal disparities purposessubiect to the areawide tax rate pursuant to Chapter 473F of Minnesota Statutes. For purposes of this determination, it shall be assumed that for the balance of the Abatement Period(s) the assessed market value of completed facilities,jyill increase bv % and ~ the Class Rate(s) and the City Tax Capacity Rate will remain constant.. ARTICLE IV Assil!nment and Transfer Section 4.1 Assignment of Abatement Agreement. The Developer may not transfer or assign, either directly or indirectly, to any other party all or any portion of this Agreement without the prior written approval of the City, which shall not be unreasonably withheld. The Authority shall be entitled to require as conditions to any such approval that: (i) the proposed transferee have the qualifications and fmancial responsibility, as reasonably determined by the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by Developer; and (ii) the proposed transferee, by recordable instrument satisfactory to the Authority shall, for itself and its successors and assigns, assume all of the obligations of Developer under this Agreement. Section 4.2 Transfer of Rights to Receive Semi-Annual Abatement Amounts. Developer may assign, pledge or otherwise transfer its right to receive all or any portion of the Semi-Annual City Abatement Amounts. ARTICLE V Business Subsidy Section 5.1 Public Purpose. +fiepursuant to Minne~ota St~utes. Sections 1161.993 to 116J.995 (1he "Business Subsidv Act"). the City finds that the Abatement will enhance the economic diversity of the City and provide essential products and services within the City. Section 5.2 Minimum Criteria; Goals. The City finds tha1 Project does not generate significant environmental concerns and is consistent with the City's comprehensive plan, zoning . . . . . plan, redevelopment plan and other policies of the City. The DeveJooer renresrnlUhat the Proiect will result in new conU11ercial and mixed-use facilities for the benefit of the residents of the Citv within three vears from the date hereof. Section 5.3 Abatement Purpose. The Abatement is necessary to reimburse Developer for the financial obligations undertaken by Developer pursuant to Section 6 of the Contract. Section 5.4. Continuing Operations. Pursuant to Section 116J.994, SHMS.llhdivision 3(6) of the Act, the Developer, its successors and/or assigns will use conm1ercially reasonable efforts herebv commits to operate the Project in the City for at least five years following commencement of the Abatement Period. Section 5.5 \Va2:cs and Jobs. TheWage and Job Goals. After oubEe notice and hearing as required bv the Act. the Citv herebv detennines that the creation or retention of jobs is not a goal of the Abatement, and the wage andjob goals are set at zero. Section 5.6 Parent Corporation. Developer has no parent company or corporation. Section 5.7 Other Subsidy. In addition to the Abatement, the City has received approximately $955,000 in Metropolitan Council Gfaffigrant funds for the construction of certain improvements described in Section 6 ofthe Contract. Section 5.8 Business Subsidy Default. The failure oflf the Developer to comply this l\rtic1c IV shan be subject to the pro'lisions of Minnesota Statutes Section l16J.994, Subd. 6. does not comolv with this Article V. the Develooer will reoav the Aggregate Pavment to the City. olus interest set at the imolicit orice deflator for Q:overnment consumotion exoenditures and gross investment for state and local governments oreoared by the Bureau of Economic Analysis of the United States Deoartment of Commerce for the 12-month oeriod ending March 31 of the orevlOUS veaL Section 5.9 Abatement Amount. The estimated present value of the Abatement is $2,000,000. Section 5.10 Reoorting Requirements. Develooer agrees to furnish to the Citv on or before March 1 in each year the reoort reauired in Section 116J. 994. Subdivision 7 of the Act. on the fonns develooed bv the Minnesota DeDartment of Emolovrnent and Economic Deyelooment. If the Citv does not receive such reDorts. it will mail the Develooer a warning within one week of the required filing date. If within 14 days of the oostmarked date of the waminQ: the required reoorts are not made. the DeveloDment agrees to Dav to the City a oenalty of $] 00 for each sub...s..equent day until the reDorts are file. UD to a maximum of $1.000. ARTICLE VI Default and Remedies Section 6.1. Defined. The term "Event of Default" shall mean any failure by Developer or the City to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement m:Jl:l~~.llrll~Lafter the expiration of . tfleany applicable cure periods. Section 6.2. Remedies. Upon an Event of Default as described in Section 5.1, the non- defaulting party may exercise the following remedies under this Section 5.2 after providing thirty (30) days written notice to the defaulting party of the Event of Default, but only if (a) the Event of Default has not been cured within said thirty (30) days or (b) the Event of Default is by its nature incurable with reasonable diligence within said thirty (30) days, and the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the Event of Default will be cured as soon as reasonably possible but, in any event, within 90 days: (a) Suspend its performance under this Agreement; (b) Cancel, rescind or terminate this Agreement; or (c) Take whatever action permitted by law, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 6.3. Exclusivity of Remedies. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies. Each and every such remedy shall be cumulative and shall be in addition to every other remedy . given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any remedy or power accruing upon any Event of Default shall impair any such remedy or power or shall be construed to be a waiver thereof. Any such remedy and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE VII Additional Provisions Section 7.1. Conflicts of Interest: City Representatives Not Individually Liable. No member, official, consultant, consultant's employee, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, consultant, consultant's employee or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. Section 7.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 7.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by any party to the . . . . othor "h~,11 be "'Uf".f':f'l'on+'" a1"e..... v"r do11....'p...o.d 'uno..... ",,,co;'pf l'f Do.I"SO"'o-tl1y deiiv"Tod or tb'....oe ('::) ....... u l.Ull. u .1.J..l............. L~Y ;::>..LV l.J. ....... . ......1....... .t' 1..L. ~V VJ,. L ,I.. 1",.1 .L.l(..:. J. .......... ...... ... J...L..... -' days after dispatched by U.S. registered or certified mail, postage prepaid, return receipt requested; and (a) III the case of Developer, IS addressed to or delivered personally to (b) in the case of the City to Peter J. Herlofsky, City Administrator, City of Farmington, 325 Oak Street, Farmington, MN 55024. or at such other address with respect to such party as that party may, from time to time, designate in writing and forward to the other parties as provided in this Section. Section 7.4. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 7.5. Law Governing. This Agreement will be governed and construed III accordance with the laws of Minnesota. Section 7.6. Severability. If any provision of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction that provision shall be automatically reformed in such a manner as is consistent with the remaining terms of this Agreement and sufficient to comply with applicable law or if such reformation is not reasonably feasible under the circumstances, the provision shall be deemed severed from this Agreement and the remainder of this Agreement shall otherwise remain in full force and effect. Section 7.7. Complete Agreement. This Agreement is the complete agreement between the parties hereto with respect to the matters addressed herein and shall, as of the Agreement Date supersede all prior agreements related thereto, both oral and written. Section 7.8. Authority. Each of the undersigned parties warrants that it has full authority to exercise this Agreement, and each individual signing this Agreement on behalf of a corporation or other legal entity hereby warrants that he or she has full authority to sign on behalf of the corporation or other legal entity that he or she represents and to bind such corporation or other legal entity thereby. IN VIITN.tSS W:'-1.tREOF THE CITY HAS EXECUTED THIS AGREEMENT AS OF . Tli"""E DATE FIRST SET FORTH ABOVE. CITY OF FARMINGTON By (seal) Its: Mayor By Its: City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF ,DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2007, by and , the Mayor and City Administrator, . respectively, of the City of Farmington, a Minnesota municipal corporation, on behalf of such municipal corporation. Notary Public . . . . IN WITNESS WHEREOF THE DEVELOPER HA_S EXECUTED THIS AGREEMENT AS OF THE DATE FIRST SET FORTH ABOVE. VERMILLION RIVER CROSSING, LLC By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2007, by , the of VERMILLION RIVER CROSSING, LLC, a Minnesota limited liability company, on behalf of such company. Notary Public EXHIBIT A . LEGAL DESCRIPTION OF PROPERTY The below described property, which was originally platted as Vermillion River Crossings: VERMILLION RIVER CROSSINGS - LEGAL DESCRIPTION The South One-half of the Northeast Quarter (S 1/2 ofNE 1/4) of Section 36, Township 114, Range 20, Dakota County, Minnesota, EXCEPTING therefrom the West Ten (W.10) acres thereof, AND EXCEPTING as follows: Commencing at the Northeast (NE) comer of the Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4) of said Section 36; thence south (assumed bearing) along the East line thereof a distance of 315.0 feet; thence South 89 degrees 38 minutes 06 seconds West parallel with the centerline of Minnesota Hwy. No. 50 a distance of 111.0 feet to its intersection with a line 50.0 feet easterly of the centerline of CSAH No. 31; thence North 05 degrees 30 minutes West parallel with said centerline a distance of 9.11 feet to the beginning of a tangent curve to the right, radius of 1859.86 feet; thence northerly along curve which is concave to the East, central angle of 06 degrees 10 minutes, 50 feet easterly of and parallel with said centerline, a distance of 200.17 feet to the point of tangency; thence North 00 degrees 40 minutes East along tangent to said curve a distance of 105.54 feet, more or less, to its intersection with the North line of said Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4), thence easterly along said North line to the point of beginning; AND EXCEPTING a 100 foot wide tract of land in the Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4) of said Section 36, the centerline of said tract ofland being described as follows: commencing at a point 319.92 feet West and 312.75 feet North (assuming the East line of said SE 1/4 bears North) of the Southeast corner of said SE 1/4; thence North 38 degrees 30 minutes East for a distance of 14.29 feet; thence Easterly a distance of 200.70 feet along a tangential curve concave to the South having a radius of250.0 feet and a central angle of 46 degrees 00 minutes; thence North 84 degrees 30 minutes East for a distance of 65.0 feet; thence Southeasterly a distance of approximately 74.0 feet along a tangential curve concave to the South having a radius of 150.0 feet and a central angle of 50 degrees 00 minutes to the East line of said SE 1/4, and said centerline there terminating. The side lines of said 100 foot wide tract of land are shortened or extended to intersect the East line of said Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4), all according to the Government Survey thereof. . . . . . EXHIBIT B FORM OF ABATEMENT RESOLUTION CITY OF FARMINGTON, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION PROVIDING FOR ABATEMENT OF CERTAIN CITY REAL ESTATE TAXES PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.1812 TO 469.1815, AND SPECIFYING THE TERMS THEREOF WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815 (the "Abatement Act"), the City is authorized to grant an abatement of ad valorem taxes imposed by the City if it finds that the benefits to be derived from anticipated development exceed the estimated cost of such benefit and if doing so will increase tax base, provide new employment opportunities, assist in the construction of new public facilities, help City residents access services or result in the provision of new infrastructure within the City; and WHEREAS, Vermillion River Crossing, LLC, or its successors or permitted assigns ("Developer"), has proposed to undertake a commercial development and to construct or cause to be constructed new mixed-use facilities therein (the "Development"); and WHEREAS, in order to achieve the objectives of the City and to facilitate the Development, the City is prepared to provide for the construction of certain public improvements in and around the Development, to assess a portion of the costs thereof to all or a part of the property comprising the Development and to payor reimburse the Developer for payment of such assessments, all pursuant to that certain Development Contract between the City and Developer, including amendments thereto (the "Agreement"), a public hearing with respect to which has been conducted by the City pursuant to the Abatement Act and Minnesota Statutes, Section 116J.994, Subdivision 5; and WHEREAS, the City believes that the Development contemplated by the Agreement is in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Development has been undertaken, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON AS FOLLOWS: I. Definitions Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. . n. Abatement . 2.1. During the Abatement Period, each parcel of Property comprising the Development shall be abated as set forth in the Agreement. Pursuant to Minnesota Statutes, Section 469.1813, Subdivision 6, the duration of each such Abatement shall be for the maximum permitted time period of twenty (20) years. 2.2. The Semi-Annual City Abatement Amounts shall be paid to Developer by the City first as reimbursement, in whole or in part, for Spruce Street Assessments, plus interest, paid by the Developer, and second to the prepayment of then unpaid Spruce Street Assessments. 2.3. The sum of the Semi-Annual City Abatement Amounts during any calendar year shall not exceed the greater of (a) ten percent (10%) of the total City property tax levy or (b) Two Hundred Thousand Dollars ($200,000). III. Public Benefit 3.1. The Agreement and the abatement authorized by this Resolution are in the public interest because: (a) The Property is largely vacant and underutilized, and the Agreement will precipitate immediate and ongoing development within the City; (b) The Agreement provides the City a better opportunity to have input into the planning and development of the Property; . ( c) The anticipated Development will include amenities that will benefit all residents of the City; (d) Development of the Property will enhance the tax base not only of the City, but also of the County and School District; ( e) Through the special assessment process, the Developer will initially assist in the financing and construction of public infrastructure, 3.2. The economic benefits to the City as a result of the Agreement and the abatement authorized by this Resolution will exceed the cost thereof. The City's financial advisor has presented evidence to the City that, during the Abatement Period contemplated under the Agreement, Developer could receive net present value abatement from the Development equal to two million dollars ($2,000,000). IV. Administrative 4.1, Except as expressly provided in the Agreement or as otherwise agreed in writing by the parties, the abatement authorized by the Agreement and this Resolution . shall not be modified or changed in any manner during the term of the Agreement. . . . Attest: 4.2. The City shall comply with the administrative provisions contained in Section 469.1815 of the Abatement Act. 4.3. The City hereby approves the Agreement and the AbutclT.ent~Qateplfnt provided thereunder and authorizes the appropriate City officers to execute and deliver the same in substantially the form presented to this Council, making only such changes to the Agreement as in their discretion do not substantially change the terms thereof. 4.4. The City hereby delegates to City staff the responsibility for administering the abatement program authorized by this Resolution to the extent specifically described in the Agreement. 4.5. The City staff and consultants are authorized and directed to record and deliver this Resolution to the appropriate public officers. 4.6. In the event of a conflict between the content of this Resolution and the Agreement, the terms of the Agreement shall prevail. 4.7. The Abutementabatement constitutes a business subsidy, and a public hearing was held regarding the same. WaQe and lob goals for the Develomnent are set at zero. As a condition of approval of the Agreement and the granting of the Abatement hereunder, Developer shall execute and deliver to the City a Business Subsidy Agreement. APPROVED by the City Council of the City of Farmington this _ day of ,2007. CITY OF F ARMlNGTON Mayor Parcel EXHIBIT C . PROJECT DESCRIPTION/TlMELlNES Completion Date ,2008 ,2009 ,2010 Proiect 7,500 sq. ft. commercial/retail 48,000 sq. ft. retail 100,000 sq. ft. big box retail, 60-room hotel, 45 units multifamily housing . . JOa- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin~on.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, City Administrator SUBJECT: Defaults Under Development Agreements DATE: May 21,2007 BACKGROUND Engineering staffhas identified one development (Hometown) that is not completing the infrastructure improvements per its development agreement with the City. Additionally, staffhas had several discussions over the past few months with contractors and engineers for this development who have not been paid for their work on the projects. Efforts to contact the developer have not been successful and staff has been informed that the financial lender has taken over the project. Given the lack of progress on the development and the failure to respond to City inquiries, City staff is recommending that the City Council declare a default under the contract and direct City staff and the City Attorney to make a draw on the posted security to finish the necessary improvements to complete the development and to pay contractors and subcontractors for work on the development. ACTION REQUESTED Declare the Hometown development agreement in default and direct City staff and City Attorney to take actions necessary to draw on the security to complete the required public improvements and to pay subcontractors and contractors for work done on the development. ReJPeetfuliy-submitted, ( ) ~/l , 472 /- I / f)G1....../t " / ,-::;/ / /, ' Peter J. Herlof: , Jr. t/ City Adminisfrator CMuller/Herlofsky/Council Memos/Developer Defaults 5-21-07 18-1 Scherff, Inc. 10410 Courthou.e Blvd. Inver Grove Heights, MN 55077 Pholl~ #651-451-905(; M2y 14, 2007 peter J. Herlofsky, Jr., City AdministratOt City of Farmington 325 Oak Street ParmingtDn, MN 5.502.4 Dem'Mr. IIerloflky: please consider this letter as tho request of Soherff Inc ...1...H' the C'ty d 1 th A . ' . L1UU 1 oc aro 0 Devclopmd1.t greement be~een the CIty :md HOJ?etown, Inc. to be in default. Tho default that exists as far as Scherff, Ine, 1.8 concerned II the failure to pay the follow;T1&: Engineer's Estimato No.6 Engineer's Estimato No.7 Retainage Total 33,408.62 2,.481.57 36.54&.96 $72,439.15 These amounts have been due and unpa.id sinoe late last $1.lD.1ID.Cf. Please declare tbat the Development Agreement is in default and obb1i.n from the letter of credit securini the Development Agreement pursuant to Paragraph 22 c. 125% o(the: mn01mt in default and deposit it with the District Court of Dakota County under Rule 22 of the Minnesota Rilles of Civil Procedure. As you knoW Scherff, me., upon being assured of payment, is willing to complete the work. There are bid items that have not been included in the $730,~7!ll.50 becauso they have not been 18-2 71A '':It=lH...< ;-ltH ~~C>j:3H:JS Z:500gSOl?"[SOg "[0:\7"[ LGOZ:/l?"[/gO furnished, These 1tGmS are: 10 Two yvar wWTdllLy bond for underground utilities Z. One year w&mIl1ty bond. for streets 2. 11't8tallmg uphalt wearing course 4. Street sweeping at 1.000 per sweeping 5. StOtft sewer jetting Total 6,969.88 4,053.99 24,651.00 2,000.00 3.326.40 41,001.27 Item 3 is a unit price bid number for 540 ton. The final co~t may be higher or lower depending on the actual tonnage. Item 4 at least one and possibly two sweepings will be required. On Item 5 stom sewer jetting was bid at $207.90 per homo Some jetting is needed. The ~act hours arc unknown. The tots! ofltwuJ 1-5 of$41,001.27 is based on the quantitiM listed. It is important for us to proceed promptly. We understand this matter will be considered at an upcoming meeting of the City Co\IDciL Please bring this request to the attention of the Council. 'IbatJ.ks. y 0U1"5 very ttuly, SCHERFF, INC. C"n -:JC\H..J ~\I',I T ... ..j~-=l~...nc:; ?: F. c:m c; ca, T c; q 18-3 TR:PT IGGG/vl/g0 lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator /~) (6) . ~. i 'J Tony Wlppler ; 1 .- Assistant City Planner FROM: SUBJECT: Adopt Resolution - Preliminary and Final Plat - Trinity Health Care 1 sl Addition DATE: May 21,2007 INTRODUCTION Trinity Care Center has requested the review of the Preliminary and Final Plat (Exhibit A) for Trinity Health Care 1 sl Addition. The property is located east ofTH 3 and south of213th Street and is addressed as 3410 213th Street. The applicant is proposing to combine two parcels of land in order to facilitate the construction of a 30 unit addition to the south side of the existing nursing home. The property is zoned R-5, High Density Residential and has a Comprehensive Plan designation of Public/Semi-Public. DISCUSSION Preliminary and Final Plat - Exhibit A The applicant is requesting Preliminary and Final Plat review of Trinity Health Care 1 sl Addition. The plat will consist of one large lot, a remnant outlot (Outlot A), and a Roadway/Drainage and Utility Easement for Elm Street. The proposed plat will combine the two parcels that currently make up the Trinity Campus. As previously mentioned, Trinity is looking to construct an expansion on the south side of the nursing home. Under the current conditions, the proposed building expansion would cross property lines, thus staff is requiring the combination of the two parcels in effect to "clean up" the boundaries. Engineering Utilities: Sanitary sewer and water will be extended north from within 10th Street to service the new addition. The grading, drainage and utility plans have been reviewed by the Engineering Division and are generally acceptable. However, additional drainage and utility easements must be shown on the Final Plat prior to its recording for the drainage that is currently being routed (west to east) on the south side of the project to the pond constructed in the East Farmington 8th and 9th Additions and for the proposed drainage swale that will be constructed approximately 60' north of the southern property line. The Engineering Division has recommended approval of the Preliminary and Final Plat for Trinity Health Care 1 st Addition contingent upon the addition of the drainage and utility easements to the plat, which are mentioned above. Site Plan - Exhibit B Trinity Care Center is looking to construct an approximately 22,000 square foot addition onto the south side of the existing nursing home. The proposed addition would cross property lines thus requiring the combination of the two lots owned by Trinity. The addition to the nursing home is proposed as a single-level structure consisting of 30 single-occupant units. Landscaping: The applicant has not submitted a landscape plan for review. A contingency of approval of the Preliminary and Final plat will be that the applicant submits a landscape plan that is acceptable to the City Planner. Trails and Sidewalks: The Parks and Recreation Director has recommended as part of the site plan review process that a sidewalk along the northern portion of Elm Street be installed. Randy Distad, Parks & Recreation Director, has attached a letter stating this information as well as a drawing depicting it (Exhibit C). Plan nine Commission meetinf! - Mav 8. 2007 The Planning Commission reviewed the attached preliminary and final plat and site plan at its meeting on May 8, 2007 and voted 3-0 to recommend approval of the preliminary and final plat. The Planning Commission also approved the attached site plan. ACTION REQUESTED Adopt the attached resolution approving the preliminary and final plat for Trinity Health Care 151 Addition contingent upon the following conditions: 1. The submittal of a Landscaping Plan that is acceptable to the City Planner 2. Additional drainage and utility easements must be provided for the proposed drainage systems as required by the Engineering Division prior to recording of the mylars. 3. Satisfaction of the Park and Recreation requirement regarding sidewalks along Elm Street. Respectfully submitted, ~6~ Tony Wippler, Assistant City Planner Cc: Rich Ludwig, Trinity Health Care RESOLUTION NO. APPROVING THE PRELIMINARY AND FINAL PLAT TRINITY HEALTH CARE 1sT ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 21 st day of May, 2007 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, an application meeting City requirements has been filed seeking preliminary and final plat review and approval of the Trinity Health Care 1 st Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary and final plat on the 8th day of May, 2007, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the City Council reviewed the preliminary and final plat on May 21,2007; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOL YED that the above preliminary and final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. The submittal of a Landscaping Plan that is acceptable to the City Planner. 2. Additional drainage and utility easements must be provided on the Final Plat for the proposed drainage systems as required by the Engineering Division prior to the recording of the mylars. 3. Satisfaction of all Park and Recreation requirements regarding sidewalks along Elm Street. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21 st day of May, 2007. Mayor Attest to the _ day of May, 2007 City Administrator ~ i;ffij ~ i; ; G ~ < I 8 ~ i i ~~ ~ 6 ~ ...... 2 ~ h (J) 't-., ~ G ~ ...j i;j ::r: ~ ~ (E ~ ! " : i/ _ca J..IUID.ClOIf : i;r-~ -~:"':'"':,:-~~~-~~~:,;.. . ! I i \!' i i: \. .n ! I I . . b' I Ii \t~'i I: t/ ~ i Ii'" \ ~ ~ I : "\ .! : i :=: \ ! i i ; - - \ ! I' i ' - \f I ~: ~ V ! : '- ~ I ! ,I 1 ~ I ! : ; -. l ! ~~ ~ ! ~ i ~ I I ! ! ! ! . I I j , I Ii , I i i ! I II : I Ii! I i I !V : I Ii I: , I l i : I Ii i I J, I : ! , I Ii Ii I: , ;!- ... - ~ ... - ~ -. ~:~ -'. ~:~ " - : ~- ;i~ -, ,. - '" I ri ~~ q I "-1 I $- ! I I H ulQ q~ g . I l/)Q '! - I; }- 1-____J II' :I;H.1 P iT ,I ~~ ': I . i -., Ilt I , f~ Q ~ f I ",j ~ ~ ~ Ii s I I il( Q S~.~ I Lldf "...., 'J) I I' , " , ~ , j , ! ] I-I,' : l~ i ' I }i:; I :1 !i ! I E! I I f I I I L~\ I 1 ~ I i I ' I ~ I j , I ~ ' ~ I ~ ~ ;; , I ! ' Ii: 1 1/ ~ I ~ '! f----------.------- : ~ I ~ ,:1 ,j !: u i )~ il 0 lilt ; "I I (! - I ~ L" :i I; CO - . I~ I~ I I I I I I I I I I L.: o I- ~ >-- 0::: ~ :;;; < J ....... l!~ Gj [ , i -- ~ ' \ , , \ -; ,- . < , - i ~ ~ , ... - ~ ~ \.' ~ h o --.l :1 Ii ~"::"" J .1\.*'1'-. -- ii ~z , ~ i , ~ ~ ~ ~ -g ~ ~ i & ~ ci .z '1 .i o '" o ~ Eo " ~~ ~ j ~ g- o.':, i ~ d "t I:' g ~ ~ ~ _ 0 . ~... e - II g on ~ ~ ~ l} i 1 ip t pI ~ :dt ! it ~ j H ~ o '0 "0 .2 :5 ~ c. "E.9 >. D VI ~ .~ ~ ~!i ~ u . ~ 0 ~ ~:6 :: ] E'1 ~ ~ ~ ~ -g g., 1! ~ ~ . '" ~ it <0 .... '" g '" on c 11 0 ~ ~ E ~ ~ t: 'c ! 'i ] ~ G) .. .. iii Qj~ Vl ~ ~ ~ E ] i~ Gj ~ ~~ & oJ o Jl ~ ~ E go ~:;:... "2 o~~ ~ i ~ ~ .~ t~ .~ ~ -8 z' ~a:.!l lfle ~ ~ s ~f~ ~ ~ro 0 z - O"N f:ciii i ~ €~ll: l':~ ~ ~ t,; ~ ~~ ~~z .c.c ~ ~ ~ ~ ~j~ ~ ~ ~ m ~ ~ LL_OE U'"I Il'l 0: ~:-g i7i1E ~ ~ J ~. & .~ ~ t r Ul H~ ~ ~ ~ ~ ~ ; ~ ~8~ H 1 ~ ~~~ ~~~- t'~ ~ i l~~ ~~-~ ~'.~ f- z::!: 0.. 0 1ii e ~ . " ;: ~ b J: '" .., ~ c ~ .9:e:g N 1'11--0 o 51:::2 ~ ~~S$ tn~~~ .:s ::too: I o ... Vl5~ ;:? DIl"l E.... ,.., g:g~.!. 0".... elf) _,"<0 ~ . o Ex. A I ~ o o I ~ j i =-~; j - ---u ~ i:: ~ ~ ~ ~ (I) ~ ~ U ~ ~ ~ :x: S ~ ~ ON ~ l- I ~. ~ j ~ 1 I <5 ~ ~ . '1 l 8 ~ . . 1 1 8 ~ i. j . u~ .. I~ .[ I ~ '1 5" ~ ~ E ~ i ~ ~ ~ i- ~ q ~ ! ., ~i '" . ( . ~ p U ~ , . , ~ ! "~ , ~ . I ~ ie H ! I . fi Ji ~. i i= ~ ~ A ui " ~ ~ ~ ! H E..a ~ ~ ~ -!. e ~ ~ ! ~ ~ i ~ u Ii 2- , fi. , ~ 1 , , ! j ~~ 8 ~ } ~ ~o ,~ , 2- ] , i ~~ . . ~ i ! ~ a 2- 15 ~~ u ~ I ~ '8' < ~ E u f-JI ~ ' I . , ~ l .~ ig .. ~l w ~; r ~ i I ~ . [~ ~ a 8 ~~ . ~ ~ 2- ~ ~ . ~ ~~ . ~ ~~ ~ . .l! 15~ < fi ~ E ~.. U 0 z, 11 ' "I ~ ~:i ~ ~ " g3 ; ~ ~~ gl ~[I , . ~ L ~~ ~ I ~ *~lN g~ ~ ~- v';jal g~~ _ 0 , ~ ! ~ ~:I:~ ~j~ 0 ~i L >>.0 ] ~ ~,;; 8<0 ~.sj _ s 00 ~~ ~~~ ~ j ~~ n ~i ~~ >~ 2- ~~.li 6 ,.1 0_ sq ! h~ ~ ~~ ~] " ~~~ ~ i i o ~ ~l>. L ~~ ~ ~] ij ~:s 01; ~ ~ ~~~ ~~~ ~ " ~.l- <~ ~ i I ::. . , r ~1! ! ~~i .:; u:::; ~ ~~ 8~~ ii~ ~ u~ ~I ~ i i. ~ ~ i .f :;" I .. . 6 j ~ i ~ u 1 ! "i 11 . ~ ~ :s' ~ ~ , -a t ~i ~ "j ~: i ~ ~ ~ ~ h h.. ~i :I:~ i 'o~ !I.s '" -s.... ~~ ~ ~~ Vj~ E ~ ~ ~~ ~ i~ ~! ~ ~~ <flu Ii: 0... ~] ~ ~l ~~ ~ l~ ~'~ ~ ~ i gt ~ ]~ a~ ;; ~! ~;1 ] ~~_ ~" ~ z~ ~I j~~8 ~.E , i ~ i z ~ j . ~ o '" E h ~~ ~ i 1, H . . ~ ~ .~ H .~ ,~ ~~ je ~ ~ "~ ;~ o. ". ~1 ~; " , ~t u, ~ l ~2- ~~ "] ~ . .1 l~ ]! "~ h 10 d B. i ~ "' ~ ; ~~ e, :L~ i. ~ i I ~ . ~ , ~ , ~ l , i Ii ~ ~ .. ~~ ~ _S ~ '" ." !U !I~;j in .!" :Ui 6~~ E !:IS ~n ~,~ ~ e , ;H ,,~ . ~-;g ~<q !:!~, ,...~ "h ~"] .~. -;;J!-a ~S.a olIi. !~~ ii~ ~Pi i1f~ q :~ ~ ~H Ihl ]~] , ~=~~ I~i~ HH :;~.B:.2 ~ - i~ ti~l ~~]~ ~H~ i i i ] ~ ~ ~ ~ .l- ~l .~ Slf.: ~~ ".i ~, o~ u, U o i i I ~ .P ~~ ~ I! 'II H ~8 0> z, E ~l b \~ ~~ ~ E ~.~ ~~ . 0' H g i I [ , i 'o~ >~ ~ . I~ olI~ 1'" ~~. ~~ -!Q !~ ,0 !~ I !~ g~ ~~ '~~B ~ i ~~ &l8 f-.... 'I ~ 1 ~ , ~ ! ~ . i . . j .i .~81 ~ ~"< ~ , 0 , , ~ ~ ~ ~ ~ ~ ~~ ;: "~ ~ ]"1 : t ~ .j i : .seg ~ i \:j if: ~" H ~~ ~ N Z ~~ :tui u~ (J)~ w :r:~ ::J D::U1 <( Cl ::E ~ ,.J..J LrJ Cl GK. " Z , ~ I , " ! [ ~ i ~ ~ .... t'jl , I , I , I I , I , I , I , I , [ , I , I , I , I , I , I , ~ ,,\ ~ i ~ . I ~. ' ~!~ I J '~f i~ nj i ,; ~b8 II I /J ~___,/L__L___L f ;/ \.....,...,.-;;,...--e~NH~.5----; "} ~ '-- = = 0-J ro 1 .1 ~ I ~o~J 0-=----] "'- ~ ~ ~ ~ ~ ~ ~ ~ U) ~ ~ U ~ ~ ~ :t: ~ ~ ~ J.::: ''-1 ~ ~ d i.l "0" Dl"ld l..ltJD,OO.. ,::c i~ " " o;rt~ ..,t_, r--- ____ ~_~~Irl_~_.~_ 11\:- : ----111 1-1- ~_~___"""_l.d.""_ -n-o \ i \," ,~ ! I I J- I:: : \, . b / [ I ,: : \ ~d I I Ii! , ';~ J1' .' : \! i ~ \ 1 :' 'i j '- if I I II : ... l! I I J,. : ,_; \,! I i L ",,: , ' ' , ' i ,-, \/ I ~ ; > ,j ~:: . ,-~ [~'- ' ! < ~,_ ,_, [ i [ ~ i ",s' I r~ " ! '\ - - : ~__________~_:_:._ i ~~'~ :~~ [~~-:-: :~; !I U : J1! f~~ '-, II 0 ;, ~ I~ l'i i :;' '; -: ~ (';llli'l ! f-- Ii..... ~- 1: ,_; __ II~ c:; ,:;~ -I-:: I s i ,(I~ I l,~ i ~Lm --,. , [ ~--1----------+ i 1 \ I 1! J .. ! : ~~ ! I . , 1-~ -, '\._~ '"-; \:\ ,-- ~"! l.zl,t'Ull.-'" Ji I' .., ~ ,,, . :f; ~ ::: 'li ::c i i , ~ ! " /",-," E~A' C'I ~ C'I ..... !j a; Q. ~ ~ ('S o .... .. !! .. , '" .. ... I /:l ~ '-; ;-- \ - ~ ~~ !! , - ~:~ l_~ l I . ~ ~ J ~ ~ I .~ ~ 1 ! l i '* . . -'" E ! i ~ . - i . ~ i ~! .. ~ . 0' ~ ., E l '5:g :s F 0' s. ' ~ . i ;... Q. E n :!i ] :~l .l: ~ "1= .' ~ is " ~ ; ii ~ : t ~ ~ j ~ i ~ :5 ~ 'i ~ ~ E i~ E' d 1> , ,ji<!i <: ::l~ T- -, , j ... ~ T' -, (~ ~ , -, L~~ I' - ~ r - ~ ~ ~ ~ : ~: i'\.: c, <: ~l- , ' l~ , i -- ~ " ; "::/- , ' Ll~ ! I ! ", I I 1. : r L____.J ~ -r .., ! - : I ..-1 , ~: hi It' f.l Ilf t'i .Ir lit '11 I' ~ N Z <. ~~ :r:- ulQ U)~ , IIJ :r:~ 0::01 < Q :E ~ ..J..J IJ.\ Cl .~'\ I c--:-:::.l I I i i i t3 ~ I CO ..JL.- 1) is: ;11 <:t 2~ ct ~ :>-. ~ ~ tf) < o j:::: U o ....j ~ ><::( :>-. ~ ~ o Cl ~ ~ &j o ~t ~ ~~~ 8 .. ~ ~ " ~ , I s. , ~. l~~:!~:J~~~ ,.:"1111'1 ~.Hlll!.H .l:j'::<,i';;.., '::c'ol"i fBB!lHS , i . ~ ~.i' ""i i: 'l ~ . . ,. ~ . ;:;i" j. " i . ~ i. i. i. ~ ~ ~ U s: lli <Ij ~ ~ L5 :t ~ ~ ~ 1.( ~ tf) , 1.u..l.lIll.-.... i~ ~" i. 15 ~ " ~ 1 . " 2 > ~ ~ z o " 15 o < >- "' OJ: ~ Z ;1i '5 Oi~.!!i c"' 0 i5~ j ~~- 1P.,.:l:' C.x5 t~8 o"'~ I~~ EX. If ", ~~ ! w I ~ ~I j ~I ~~ ~ b < ~~ ~ s d n Cl oco~~ ~L!d~ 15 ~~ ~~ oj . . ~~ ~~~ ~ ~~ ~~! ~~~ €Zo o ~ ~ ~~J! .s;:c= ~n ~I-- " NlO ,~" ~,~ 5 410(6 <; 0 0 _Ul':; i~fu ~!~ €"" ~1* " t C ~~~ ~ ~ j ~ ~ ~ ~ i ~ ~ 1 ] o ::; E" " .'l ~ '2 ! ~ ~ ~ ~ : ~ ~ 2 1:: 0 :;:: fr 5 .~ " - ::; Ui ~ 5 oS il:'=! ..... ~ 0 ~ ~ j I ~ ! j ; l ~ :e >.. ~ l: E 5 i ~ ~ ~ ~ ~ _ . '" ~ ~ ;;- 1: l g 1 o = .!! .~ ~i:]~~ c E E! 1 ::I '" 'ii f ~~13~8:D l5 ... ~ ,.: > ::I f &. l: e ~ .. &. Ii: III ~ 8 8 8 ~r{s.Grr H~H~~ n D tt I I I Y . I -i <:;l D 0 q I A~2 CY 0'> -j m -0 r l> Z N C"\-4'12" E 120.000 l~---)- : ~/'~,~ I~ Q Q=i" !~ - nl." ~if, . .>1 " '~ ~ Bi / /1" @i /; / 1m i / I I~ @ I I i@ N 0"14'lt' E 9.4.010 _,--I I I I"r--.;---I ::"O'~I':"< .!9' ~Ol ~/,~ i /- ~ : NO'.~' E I2bOOO ~ : //. /' I~ ~ I 1----- /- // '---.1n I I v.;:: I ~ I I ...:...: I I s: I I __ .-/ .....-: I ~ N 0"13'04" E 23~.0?40 ----~:~/~: U I ' ,j_--- I I 1 I I I I ~ I I I I ' I I ' I ' I I ' I ' I I ' I ' I I , I I 1 I ' I I , I I I I I I I I I I I I I I I 1 i I 1 i I I I I _..J \ I i I I TfONTIoI 5T. I I 1-- J 1I~:.!":__.__j3!' bj' -~~;)- I : i ~35611" i~ ~ I i I I~ : i I i~~ I i I i~7)c I 1 I ziri.J!$ I g i I ml~ I " I I ii.i ;>:\'/!; Iii I I. ~m;1 1;71" ; , I I ,\1 i 21 I U' ~I~~ I I ". ~i~ I i I"" '\ I , I . I~.I,!<;, I 1 I ' I 7" \ I i I i '~ I \ I i I ii':J!~ J \ I i I i~J \ i I I~~I \ __..J i I 1~1/:-' \ ELEVEI"" 51 'I I I \ i . ______) :~~ 1'-'-';1"";;';2" lU 22h.:3Zl I 1'1tl?q I _I 1ri.J!~ I r I I~(t' , z I 7 : ~ -ri.J!~:it ;.o~~i,~~~- - - - :-N-O'~~~"'-"'- - - -: I . ~1/:- ~1:' 'lt~-'~----I-.'10:------1 I m \ __ -.......... I I I ~ ~ ~ I I I ~ \ I I I ~ ~I \ I"" I ~ ~ 1\ I~ OZ I ~ I \ I~, I ~ ~ I \ I'" I 6" 1 \ I ~ I ~ I \ 1m 1 I I I I I I I I I r I L __.____.___._.__ _._.___._.____._ _.____J_J._.__._.___~ N 03'55" W 16-4,190 z . ~ ~ ~ OJ l> (j) m OJ \J o ~ ~ on ~ u-]] ,~ if i!i EX. fll__~ \J l> 7\ () .... Jo- n C) c Z ~ :;u () J> \J ,j N ,,, Q .... ]: (~ ;11 m 1ft (~ .... [--ST. FRA. NCIS II TRINITY' NURSING I-IOME ADD I' Proot? Il?Bi!!Jl! 5tumo ~.,,~,=~';.~,:;;';.","-;;:.:..~,:';:;, il-lEAL TI-I SERVICES I F~RHING1ON, NO'1 ~o~~::i{;~~;g~7 eE'fSi~L I H.JRF::'IS HN -,,..,, '?P.? ?p.~n ~d"~l<;lr:'t>.",-, .__, ._1 (",0;'0'";; n ;u on r:- () ll7\ :;U " ~ ~, III ~[j) Z -I ~~ 10 Z o I -(- i)1Il1l ~Rm nij- ~J - " lll-n!f -;l>m nQO El>:I ijj ~ ~ 1 J!!\\l l}1ij zz. (;\(;\ UJ II E m (J) --l mnm..~.' r MiJ4 ~ \ j (u) i)Al:Jl 00!jj ~~~ -n':f. ~K~ ~j;~ ~ ~I ~ , ~!!! lJl;:; 1Il~ !"~ !!! 18 11 0: ~- I~ G<= -l ~_ , "' ~'" f.\ lil" c'fTI 0' ~~ 1~ I~ ~ ~ -l 0 ~ ~- ~ !"", OJ~ &.2- n-n p~ Sil~ ~ ~ ~t8-_ \B =1 I~ - In 0< l> III ei -; I ~ ~ ~ ~ I~ ru ;:3. ~~ ~" N (J) o C --l :t m r m :< I i)lIlll p~~ Sil-~ lJl~':E -;p;1!l ~j;~ ~ I' I ()-n "' p~ ~l Sil~ ~p 0l<Jl i) -; n Cl ~ ~ r zCP ~ \iI =1 [Il '- In -; 1> ~ z z 0 ~ I i)~] P'rl41 ~ - ~ [Il"':E -;~eJ ~j;:I z [n 'lJ ~I ~ I' m J>. (j) --l m r m :< [Il() 8~ ~~ 1)" ~1I \: 'f I ; IIIl - ~ lTIl = [OJ -- ::: lffi -- ~ 1 I "l> ~~ ~~ III - ~1 ~ ~ - i) () r - \j :;U I] -; () E z - ~J I i) III 11 P R ~II () 11 .!.. Al - " HI f; Y: ~ Q ~I ~l>~ \lI )> ~ r ~ Ui -l Z (;\ I - ~l-II () () ~J i2 ()\II () 11 J. ~J - ;:; tll 12 ~t ~ (J'; lJ ~t::I if! ~ r II' IP2::::'11~;'~~02:"~~~-i-o.2~4.- ~t= I iCOI-I'=1J1ER II':>. 050404 E : -I~~~-- \ --ll- S:T,-FRANCIS I A-3 I f-JEAL T:~~~:VICES I FARHIN:::..ON HN 11'1 frZliii'L lK;"..~iIJJ'15lM(\iiJ :.rr. _,'=~~;'~.:':':;;:::.P;'7p G t::o,"P"""~"W"~= I 60\ Shey""' St. ~1-t'1~'u II ~~~c~:~ ~~:~ "h~~~~H~_o~__~_I~~D-a.. TRINITY CARE CENTER - NEW ADDITION - OJ J> (j) m OJ 10 CY IX ,0_ =r f: z r m < III r AJ o o =r 11 z (j) I 1) r J> Z ~g ~IL-- l] , jQI- ~ '- ~;jj I ~ffi I~/ [ 1']\ I~S ~ ~ I, 191" j,} 1\]- ~Gi ",,:::::::::::::,:,,:,;r:::::--:::,- ':: _::_ <~ I r I l!!~ r,i, l/ rn ~ I l~ r,!,i :: I I :: II b-_:.:.:.:.:.:.:.:::.:.:.:::::. n::: ::.:::.:.:.::. :::.:: :--::~ ~. @- t~ 1: !jj]= ~~ ~ F,; ~ 5 ~ 8~~8fH88Q~ r) III () Z :-I Z (fl r,. 1) -Il :.r )> ]; ;ij 1'1 ;ij Q ~ ~ 3) l) ~ ~] u~ 111 (II r.u W < "- I J>- __I 111 {) 111 U J:--];. PI ~ (J) ~: ~ ~ crill ~1 L U ~ ); () !:j E t~?i r.I 1U~6\~~~ ~~1 o z::o .-\.....l o 0,0 ::r Li ::r ~-'-I. ~I-S,T, FRANCIS ITRINITl CARE CENTER I A-b I ,I-JEAL T:,=~~:VICES I - NE~L::;::2I:ION - \ij It "' I ~ z ':E , IU 8 ::r " ~_. ~ z ~ m fl r I r;; I:' fri E Ii' '" E I:' ~ ~ 2 CJ ~ ':E J: ~S~~:EG}~=o 11 '1111 11 11 'II 11 11 'II III ;n;n III III ;u ;{J IlIAI <<<<<<<<< }>. l>- ];.. P. t-- ]> ):- 1>- 1> ii1 ill ill ill ii1ii1ii1i11 ill ;U III ;n ;U III ;n ;n ;n III o () () () () () () () () () () () () (l()() () () ::r::r::r::r::r::r:r::r::r ~~~'288gg;=ii (fl (I'> (P (fl {fl 11111\ 11 ~1!;JJ~~Q;Q~!!1~~ =i=i::j=i::j~~i?~ ~9~~~iiii11ii1ii1 OJ m OJ OJ OJ;n;n 1l1;{J r,-rrl-OOOO HI 11\ 111 III III ~ ~ ~ ~ ~ffi~ffi~~g[B~ ~~ (j)nJ-n-lllll)(JlV)~f'I (n:-~~~~;n,~,Il ~:t~~~~=i::j::j ftsnlii1ii1ii1222 In AJ AI AJ IU OJ OJ OJ OD001-rl- () () 0 () Illllllll :r:r:r::r ~~ t::T>:iliGiGi -()t.O~--I :t> ~n 11 L r -litlitl]> z: ~<<~~ ~ :t>]> () ; 111 ii1 it 1> ~~p~ () 0 ~ l' :r::r~ni I> 1"1 vJ c- J.'; ~ 1') ~I 'j --~ !jj]= ~- ~() :::i . :::U ll2lir1~ lr:"2i[lJ! S!ildin =;;::;:::::~':; ;{~::;,;:;;:.:.';;, ~o~~~~~;n~~5~7 I~t~s1:rL-- .....,...... .--.0..--. '-'0.=1""' <HR.""';U... t,..., ~L..u.o~ 6x. C, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us RE: Tony Wippler, Assistant City Planner Randy Distad, Parks and Recreation Director ~ Trinity Health Care First Addition Plat Trail and Sidewalk Locations TO: FROM: DATE: May 14, 2007 INTRODUCTION St. Francis Health Services has submitted a Preliminary and Final Plat for the Trinity Health Care First Addition (Plat). DISCUSSION After our discussion today with the Trinity Healthcare administrator, it appears that the trail that has been shown on the Existing and Proposed Park, Trails and Open Space Plan Map (Plan Map) will be difficult to construct in the location shown on the Plan Map. It appears that the building that is planned as part of the expansion of the Trinity Healthcare campus will extend to within 13 feet from the edge of the trail. In . addition, there would be some drainage and space issues related to the trail being constructed from Elm Street along the south side of the parking lot. Because this area is narrow and also serves as a drainage way for the properties to the south of the development it appears that this would be less than ideal for a trail location. The reason that this trail was shown in this location was because it would have allowed an east and west connection from Minnesota Trunk Highway 3 to the trails located in the Prairie Waterway. Currently the City does not have an east/west bituminous trail connection in this vicinity and so this would have been a great opportunity for expanding the east/west trails on the east side of Minnesota Trunk Highway 3. Since constructing the trail in the location shown on the Plan Map will not work, it is imperative that the City utilizes a trail connection to be made along the north side of213th Street when the commercial property develops to the north of 213 th Street and east of Minnesota Trunk Highway 3. A trail currently exists on the north side of 213 th Street but ends east of the commercial property. In regards to constructing a sidewalk on the north side of Elm Street, it is my understanding that the Trinity Healthcare administrator does not have any issue with constructing the sidewalk in this location. RECOMMENDATION It is recommended that a proposed 8 foot wide paved trail not be constructed that was shown on the Plan Map not be constructed due to the trail being in close proximity to the building and the space and drainage issues that it would create by the parking lot but a concrete sidewalk should be constructed in the location . shown in Exhibit A. , uo:':'_~=:~--I ., ;. .' ...~- ~.- _ i t:5 I '\ ~ I ,::.:( co { :~Li '_.~ ; .1'.- 'L~-~ . l..!=..:= Oll ! I . 0:: ~ {3 :>-. ~ ~ ~ ~ ~ (J) tfj ~ ~ 0 ~ -J U l5 -<:t: 0 ::r:: 4- ~ ~ ,,- ~ U ~ ~ ~ :>-. ~ }....: ~ tJ) 0 Q. {2 ~ ti) 0 l -t,. ~ i!~ 0 U [( . ~ ~~U ~Cl! b H!2 ~ -.;o~ .Jj~!~ 8 _ ti ~ ...~~ -: ~.. ~ ,w '" ~ ~Q ~ ~b~ d. ~ ~~ ~ ~ - ~ ~ I:lilj ~ ~~-c -3 Cl 0000 III ~ 1 \Ii ~ ~1.!d1 ~~ ~ ~ I q-VJ ~ ~ J } c:s- ~ 'u \.,) < <:: -\1) 0 Ii i .4; 'r- '" - 'I V} ~ <0 ~ I j 1 ~i ~ .~ 'ir"~ ihl i..W ~t:t ~ ~- l i I I ~ i l! .9 ] ~ ~~ .& ~ ~ . c . 'ii:!' ~. ~q~ cl!...::I....:lN..~ "fi11'1'1 II 8ii.i.iH H 0\1';:,,0>1:. ';:"oll .l!flBfl Hi a g :2 ~ .. ~ i '\I ~ ~ '\I ~ ! " ~ j. ii. ). '\I , ~.i' i' 'II i. ~ , '\I i' S n. '. ., . i' 'l5 , i ! II' ~. I ;. ~ " ~II' Ii tJ i 'I. ~ i i. ~ ii' i. . i' i &:1 i. , . i' ,. j. i. i. j. .~ C\ c i. 'i5 "0 r= '" :> i. :> CD a:l j. go ~ ;B i' f:l '\I~ ,'lI ~~ 01 .E :i2 .:l , ;~; 11 !:: I ~:. 1 t:i I !..~ " (11 I i. II I I! Ij:...._lJ ~ 'Ii ~ iii 'l5 'i I!! ClI = 12 a. "0 '" 'E 8 I!! '" = !2 0> C 'E ~ '" z o F 15 o <( I- en c: u: z di c: ::> III ~~s o g "FClI .e.::> 2 g g~. ~..=t ~ " ~]8 4l1llJ!l o.~o ~o~ 0-.....0 J ~ l! ! 'l5 ! :J i. ClI = a ~~ ~ 5 au - '" ~~ ~~ ~1& ~~15 o-~ U) ~-5 "Oc_ ~~1! o -8 ~~N €Zti o ~ ~ z-", ~~~ 15~~ =~* ~I-~ ~~~ o c" en.9 0 '" u co ~c1l~ ~'Oli:: 1!~~ ~~>< -ow €tiS" o OJ 0 z!m OJ"t::C ~~~ '" ~ E .3 ];"0 '" "0 :;; ~ 't1 o .- 0.. 0> Q) '" .... 0:: 0.. >. ~ 'S . ~ "0 D o 't: D :'l o E C ~ 0 .E .... _ ::Ii a b '0 C :S I) % ~ li _ D III li' .. ~ ~ :S ~ :~ ..... ~ 0 ~ ~ ~ III D .... - ~ 1) ~ ~ .... .?:- '0 .... .- Q) 't: >. "0 ~ E 5 ~.8 E ~ c ~ ~ ~ ~ _ 0 III .5! .i .: ,g .g -1:1025 c 5e :I".; E" .9 D~ :>~Cl~8"'D c .s..c > j~&.'C€.9Ol x.U:Ulcll888 ii:,r,f~"'<>'" .e~~~!!J II II II I I I II . I'~ <:> 0 0 <I ,........ l 11 ~ ~ ~ 0 " ~ III '0 0 C Z .3 Q) ., . C a. G> 0.. 0 ~ :.:l ..8 " 0 III 't) Q) '> c o .!: o ::Ii c 0 :g E .2 .E l= :> J> ~ II J " Ol " ~ ,::. 0 g ~ 't) 11 4) .Il 0 t 0 '" lOa.- 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: Defaults Under Development Agreements DATE: May 21,2007 BACKGROUND Engineering staff has identified one development (Hometown) that is not completing the infrastructure improvements per its development agreement with the City. Additionally, staffhas had several discussions over the past few months with contractors and engineers for this development who have not been paid for their work on the proj ects. Efforts to contact the developer have not been successful and staff has been informed that the financial lender has taken over the project. Given the lack of progress on the development and the failure to respond to City inquiries, City staff is recommending that the City Council declare a default under the contract and direct City staff and the City Attorney to make a draw on the posted security to finish the necessary improvements to complete the development and to pay contractors and subcontractors for work on the development. ACTION REQUESTED Declare the Hometown development agreement in default and direct City staff and City Attorney to take actions necessary to draw on the security to complete the required public improvements and to pay subcontractors and contractors for work done on the development. R.. :3P€CtfullYSubmitted,!. . c' . /' . i/J~? \ \ / I) "-_ .1=/.)1V ..' Peter J. Herlot: y, Jr. City Administrator CMullerlHerlofsky/Council MemoslDeveloper Defaults 5-21-07 Scberff, Inc. 10410 Courtholl.e Blvd. IDver Grove Heights, MN 55077 Phone 1#651-451-9056 M2y 14, 2007 Peter 1. Herlofeky. Jr., City AdministratOt City of Farmington 325 Oak Street parmmgton, MN 5jQ1A De.ur Mr. IIerloflky: please consider this letter as tho request ofSohCltf.f: I:nc .1..~'t ..1.._ C'ty d l th A . ' . 101m"", 1 OC arc g Dovclopmmt greemcnt be~een the City and Hometown, Inc. to be in defanlt. The default that exists as far as Scherff, Inc, 18 concerned ia the failure to pay the follow;,,&: . Total 33,408.62 2A81.57 36.548.96 $72,439.15 Engineer's Estimate No.6 Engineer's Estimat~ No.7 Retainage These amounts have been due and unpaid since late lait $UID.IIlCI'. Please declare that the Development Agreement is in default and obtain from the Jetter of credit securina the DeV"clopment Agreement pursuant to Paragraph 22 c. 125% of the RTllO'l1nt in default and deposit it with the District Court of Dakota County under Rule 22 of the Minnesota Rules of Civil Procedure. As you knoW Sch~ Inc., upon being a68ured of paym.cnt, is willing to compl~e the work. There are bid itemS that have not been included. in the $73Ul~7~.50 becauso they have not been G0 38\;1d :Jr~I .:L:ld3H:JS G5GGggt>lg9 IG:t>1 LGGs/pI/gG famished, These items are: 1. Two)'tlCif WiSIT"cillLy bond for underground ntillties 2. One year wunmty bond for streets j. Installing u,phalt wearing course 4. Street sweeping at 1.000 per sweeping 5, St01'1l sewer jetting Total 6,969.88 4,053.99 247651.00 2.000.00 ~.326.40 41,001.27 Item 3 is a unit price bid number for 540 ton. The final COl5t may be higher or lower dcpc:nding on the actual tonnage. Item 4 at least one and possibly two sweepings will be required. on Item 5 s10m sewer jetting was bid at $207.90 per hour. Some jetting is needed. The exact hours arc unknown. 'Tho total ofltem8 1-5 ofS41,OO1.27 is based on the quantitiM listed. It is lmportant fOT US to proceed l'IOmptly. We understand this matter will be considered at an upcoming meeting of the City Council Please brins this request to the attention of the Council. 'fhanka. y ()1IB very tnUY. SCHERFF, INC. EG 3:)\;jd :lIj I .:i.:ltl3H:iS 05BGSSr1S9 10:r1 LG00/r1/SG IO/:; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Membe.rs, City Administrator /~~? , 19J Tony Wippler ~)~/ Assistant City Planner 3' FROM: SUBJECT: Adopt Resolution - Preliminary and Final Plat - Trinity Health Care 1 sl Addition DATE: May 21, 2007 INTRODUCTION Trinity Care Center has requested the review of the Preliminary and Final Plat (Exhibit A) for Trinity Health Care 1 sl Addition. The property is located east ofTH 3 and south of213th Street and is addressed as 3410 213th Street. The applicant is proposing to combine two parcels of land in order to facilitate the construction of a 30 unit addition to the south side of the existing nursing home. The property is zoned R-5, High Density Residential and has a Comprehensive Plan designation of Publici Semi-Public. DISCUSSION Preliminary and Final Plat - Exhibit A The applicant is requesting Preliminary and Final Plat review of Trinity Health Care 1 st Addition. The plat will consist of one large lot, a remnant outlot (Outlot A), and a Roadway/Drainage and Utility Easement for Elm Street. The proposed plat will combine the two parcels that currently make up the Trinity Campus. As previously mentioned, Trinity is looking to construct an expansion on the south side of the nursing home. Under the current conditions, the proposed building expansion would cross property lines, thus staff is requiring the combination of the two parcels in effect to "clean up" the boundaries. Engineering Utilities: Sanitary sewer and water will be extended north from within 10th Street to service the new addition. The grading, drainage and utility plans have been reviewed by the Engineering Division and are generally acceptable. However, additional drainage and utility easements must be shown on the Final Plat prior to its recording for the drainage that is currently being routed (west to east) on the south side of the project to the pond constructed in the East Farmington 8th and 9th Additions and for the proposed drainage swale that will be constructed approximately 60' north of the southern property line. The Engineering Division has recommended approval of the Preliminary and Final Plat for Trinity Health Care 1 st Addition contingent upon the addition of the drainage and utility easements to the plat, which are mentioned above. Site Plan - Exhibit B Trinity Care Center is looking to construct an approximately 22,000 square foot addition onto the south side of the existing nursing home. The proposed addition would cross property lines thus requiring the combination of the two lots owned by Trinity. The addition to the nursing home is proposed as a single-level structure consisting of 30 single-occupant units. Landscaping: The applicant has not submitted a landscape plan for review. A contingency of approval of the Preliminary and Final plat will be that the applicant submits a landscape plan that is acceptable to the City Planner. Trails and Sidewalks: The Parks and Recreation Director has recommended as part of the site plan review process that a sidewalk along the northern portion of Elm Street be installed. Randy Distad, Parks & Recreation Director, has attached a letter stating this information as well as a drawing depicting it (Exhibit C). Planninf! Commission meetinf! - Mav 8. 2007 The Planning Commission reviewed the attached preliminary and final plat and site plan at its meeting on May 8, 2007 and voted 3-0 to recommend approval of the preliminary and final plat. The Planning Commission also approved the attached site plan. ACTION REQUESTED Adopt the attached resolution approving the preliminary and final plat for Trinity Health Care I sl Addition contingent upon the following conditions: 1. The submittal of a Landscaping Plan that is acceptable to the City Planner 2. Additional drainage and utility easements must be provided for the proposed drainage systems as required by the Engineering Division prior to recording of the mylars. 3. Satisfaction of the Park and Recreation requirement regarding sidewalks along Elm Street. Respectfully submitted, 7~ TO~iPPler, Assistant City Planner Cc: Rich Ludwig, Trinity Health Care RESOLUTION NO. APPROVING THE PRELIMINARY AND FINAL PLAT TRINITY HEALTH CARE 1sT ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 21 sl day of May, 2007 at 7 :00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, an application meeting City requirements has been filed seeking preliminary and final plat review and approval of the Trinity Health Care 1 sl Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary and final plat on the 81h day of May, 2007, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the City Council reviewed the preliminary and final plat on May 21,2007; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary and final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. The submittal of a Landscaping Plan that is acceptable to the City Planner. 2. Additional drainage and utility easements must be provided on the Final Plat for the proposed drainage systems as required by the Engineering Division prior to the recording of the mylars. 3. Satisfaction of all Park and Recreation requirements regarding sidewalks along Elm Street. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21s1 day of May, 2007. Mayor Attest to the _ day of May, 2007 City Administrator "- ~ t ~ <3 Cl ..... I I I I ~ j d) ~ J 1 l!~ I ..J '=j !~ ~. i ~ . 1 I' / :=:'li& ,I I I~./ ~-- -- ~/ L - - - - --- ~n.ti -,-.iL..Uil ,- -fJ ~ON-+r:1.:.s--- I ; I I ~i ~ :::: o f:: ........ Q Q ~ }-., (J) 't-. ~ o J-. ~ >-. n:: ~ ~ ........ ~ ff ~ u ~ ......] ~ ::t ~ ~ (E ~ ! ~_______._,________l j G :i,l ^ o idi ~ ...J I J '; CO L_ i ~'l J ~ I ~I, i I I--'*~ i c:c-::~~ 1 1 , ! I I ~ ~ ~ OJ ~ (lj) - c'jJ 1 , ! I I I ! I // 0I'ta1 J.lc:.som" r_r~_.:.::~~'.::_~~-~~-~~{~';;' . I ,- 'r' .;-=-- omu ~z ! \ iA J r-r I i : 'I" ] 1 I 1 i i \ iJ i I I I \ .;' ~ I ! i H'j ~ I I ! tf, "6 ~ II : \ ~~ 1 i I . ., I. 1 ! \! 1 ~ I I ". ~ \ , i :, i I \ ; I' Ii" -, 'Ii ~ I : ~;i vI: I ! l.... ~ I I! "::1- ! :, I ! ! i : ~~ :. 1/ ii ~~~ '-~ i : ! "... ~ I! I I II j: I! I: , I Ii Ii : I ! i I i I \:.V I , I 1 ' I, , I I I I i I i i I i i I: II , I : , ' "'::1- 'V\ '., 'V\ '., ',- :../,.. - , ,- - 'V\ :.1.... - , , f-. . ., \. , \ ... ~ ,- ~ J. . j-- "-~ ~ . ., \. , }-. o ....J :1 It, ", -..-{ '" I , ji ~z ~ 14,' : ) ~ i" I fil :1 i! ~ i : I ! . ~ I i' I L~l , ~ ~ . "- ~ . ~ . :i ~ ~ ! . J..lL.t'IMJI -, I I . 1- ~ -, I , ! ,,~ L~~ I If' : III L____J !fj _____, lit : l~ : ill "-1 "1 , I'l I R t 1 l . iP . ! q1 I g- 1 Hi '" ~ " 1 ~ dK ~ i ~ n~ c 3 . '5 ~ co E t' E 'c e " 0. EKe A I I ~~ :I:~ g &J g t;. :t~ P ~; ~ ~ ;; ~Lld! . ~ V> e a ~ 1 ci .~ " . -g E .5 ~~ ~ . ~~ [~ ~ ~ cl . "0 1::: a :t ~ ~ ~ 15 D a ~ ~ ~ ~ g Vi ! a :5 .: t: z , . .... ~ E 5 i :5 ~ '6 i " ~ ~ ~ E 5- {~ ~ ~ ~ j ~ ;; . . ~ & . & ;; . V> . ~t ~ ~8 E ~ ~~ '" B ~ . . 'Ii ] . &" .. & ~= g ~ QI~-' ~ . c ~~ ~ 1;- " 1 ) 2 i t~ . ~ . ;; V> .~ Z ~a:.!! V> " 'll 0 ~~& ~ c " ;:; jeffi V>. a: 15 €Ziii N ~i~ E~{O i '" " o ~ ~ < g~~ J ~ z - . ; 1'8i$ "." '" ~t~ " c: '" ~~-r~ ]i~ u: ~ ~ z ~!.~ .. :i~g~ ~ ~ J:Z,!!i 'f 'f ill 0 61/} E~ c: &N'" '" _0 " " " 5~5 '" Ell'l G I ...:0 a , .b CO '" _10 111- V>""" a: ~~ U,I.e 2: Cl..... OU1 . U " C_OCtO & . . FE m _(1)-5 Ii g. if ,,:; ~~& ~} i;' 'c ~ ~~~ ~ ~ " il -0 . V> . . .28 €;;~ I ~ . co. ~ ~1; e ~ ~~ . e e ~ . .re.!: 0. a: ~z::E I t::; I ; Ii ; -- ) --~~ I -- -~ -LJ ~ i:: ~ Cl ~ ~ ...... ~ U ~ -...l ~ :x: E ~ ~ ~I i ~ ~ r E , .. ~ i ~ <Ii ~f h ~3 l; . ~~ ~ 6 q if ~~ Ii ~~ .~ ~ g l ~ ] i i f ::f f ~ ~ ~ ~ 1 ~ i o € ~ ~ ~ ~ .~ . ~. i ~ I u a i ~ ~1 ~ ] ~.~ ~ ~ ;~ i ~_. J:I~ S ~.... !~- ;- ~! qEd ~~ ~ i~ ~! ~ ~] ~.. ~ 0... ~~ ~ H ~] ~ ~i ~~ ~ ~~ ~~ ~ ]1 ~l ;; ~] ~~ ~ ~-: ~~ ~ % f ~r :me ~~ 6" l ~ ~ S % ! ] a ] ~ ~ ] i g I 6" ! 1 u ~ o ~ 1 ~ }'I ~ L ~~ 5~ l;~ ~ . ~i . . ~1! j ~~ u u~ ~ '" ~ , u I I h u '" > 1~ ~~ s. ~ . ~] ]~ .~ J~ ~~ je ~ g 1~ %9 O. ~j ~ , ~~ ". ~] ~l ~~ ~] "1 ~ . -1 l~ ]~ ~<1 ~> I" l~ . " i ~ ", ~ ; ]~ ij ~ ~ i 1 ~ ~ [ . ~ 1 , .. . ! . ! , . , a ~ ! ~ ! , i I ~ ~g ~ ~ ~ j 0 ~ u ~ ~ t.. i: ;i ~ ~ I 0 ~, ~ l;: ~ ~~ ~ ~I ~ l i .. i ~ j ~ < ! € 8 ~ ~ . ; o ~ 5 ; . ~ . l ~ ~~ 0- ~.~ iii~ ~ i I 82~ h fl i~ ii u Ii. ~~ ,"0 ~~ ~ E ~~ ,I }! , ~ . 8 t .~ ~ I ;;~ Ii r~ ~~ i.i' il ~ Ii . ~ ,. ~t ". s] i~ . > 08 ~~ t~ ; ii % ; g~ t:~ ~~~I ~~~~ o~8 iiSc5al ~:z:~ ,,~. 8~> >~8 ~~.. St:! 8~~ .......~ ~i~ ~~~ ~ J; 1 ~ , J .~ ~ , Ii ~~ 1'" ~~. a -lPg H :s i~ 5~ I~ i~ ~G ~% ~~ , ~ i ~ ~ ; 8 l ~ 5 8 g .ti ,., ~~ tl.Sg sh ~.a.~ =~~ H~ ~H g~~ E D.S 0'] ~g~ ~a. u:~] ~B_ ~1~ ;!~~ !l!~. ~.a~ ,,].Jl i=~1 ". J ~] .[ lS.S,a ~.sg >;~ ld, ~i:; ..~~! i~~~ q:~ ~p~ ~8J] ~~i ~ ]~~. 1l:a..,,,,, ~--8l! l~~; , ~ ~ f ~".15, -~-s;a ,,~ i'" ~.i~~ ~jl~ ~ ~~a i I .. ! ] i , ~ ~ 5' ~ ~ ~ ~ " ~ !i! ~ t: ~ . ... ~ I >8 i~ , .. ] ~Il "! I g~ gJ!j : l] ~". ~~Jj ~~~ ~n s"q 8 ~ ~ I" lj ,; . <J . ; o Ji l .. ~I ~ . ] .B ~ \ a z ! ! I ~i: ~ 'I ~ .. . ~ L ~ H ~ i n ~ I i~ 8 8 ~i I ! h j~ 1Z ~, ~ ~.. ~~ . ~ , 11 . ~ ~ i 19 ~~ ,~ ~f'l ~~ ti>~ H ~! ~8 ~::3 ], I ~ ~I ~1 ~ ! , f . ~ o i ~ , i, ~ i ,; i ] " ~ o ~ 8 j;- .1 " .~ '" .h ", ! i~ u. ~! 0; H ~8 ~~ ~I ~ ! i i J 1 ~ N Z <, ~M J:vi Oa: c.n~ , ~ J:a: ::J Q::U1 < 0 ::E~ ...J..J LrJ Cl EA'. Jj Z '" ~ I- ~ . '" - " ~!jj '~f j~i ~'58 I I ~___ ,'~ I 1,1 --, ___ L ~' - - - ,,,:m~ ,..-.:.;;,... -e.!.Gf\f H ~'5- _ _ _ 0 -1 I - , :1 ~ I :=,'~ J =-__:::l c- = = "" co ~ ~ ~ ~ ~ ~ Q ~ ~ tI) ~ ~ U ~ --.( ~ :t ~ ~ ~ ~ ~ , I , I , ~ I , ~ ! I ~ ~ I ~ 'oj. t'jl , I , I , I , I , I , I , I , I , I , I I , I , I , I , I , ~ 6 ) a I , I , I d ~.Ii ,<: ~': " OI"m J..~. " IUnlIH OItL~ lllr~' r--- _______ ~_~~U'I ~~ .~_~ .1\:- i -----111 ~ ~-,- ~:m---lJ..'""-" i ". .. ~ ! I 1--J:-1 ::' i \ i: ' I ' : " .. " i i I I ]~il:i : " rf ~ i i \ ~ i ~ I i I! -! ! ~. ~ i' I dl I " l!. i'1 I ~ I !! : " I I " I '.c \ i I <: L~i : ,. _ " i ~ ' , 'I' " ,I: : \,,1 ~ ' --' ; " -' ~ "~ I~ \-- 1 " ". I i ,. _ _, I ,f i .:' . ' ,.: ": (" ~ 'I l '-... '\ - - ~ ~__________ '\. _ _ 1 I ~ --.----~-~-! !I 0 : J;I , c:' ,- II 0 (, ~ II !.! I ::' :: -: ,;! (<'lrii I: :: ~r I~ -~; \,'~ - I 6: :~I~ I 9 -J i ! l~1 I ~. --t L_ I 1----------+ i 1 \ 1 : l! J.. I ! i ft I l ~ . r -' ! ! ~,. " ~~~ "'::1- ~~~ ',- '- ..Ii ;-0 ,<: j~ I , " H !z J~L,K.OClII -- .." PI .., i ", .,. ..: .-. "li , ~ ~ , ;;- , - ; . . . . l::~ ~ : .) :::1- ~ . } /.,-.... T - -, , - i -. ,. -, ~~~ , '. L~~ . ' \_; , i ~. ~ ~ ; . ' : ~: ''I..: " "'::::1- , ' ,~ , i -- ~ " ; " :1- , . ll~ E}t. II , <'! ~ <'! I- lti i3l . .. Cl.~tt8 ~: ~ . ~::' > o .... ' "" I ~ II $ ! < :3 ~' i ~~ !i l . , i ~ ., ~ b ~ ! ! I 5 ~ r ~~ .~ ~ 1 ! II i '* . - .. ~ i 11 n i ~.! c5 og II "5 ~ :S F .. ~!E ~ t n ~ : ;; ~ ~i I; .~ .. ",g ~ ; ii ~ ': t ~ Ii .. 5 ~ ~ ! :5 ::: 'Ii ~ i ~ , . d ~ > ! ~ ! I Ol~ ; I 1- L___J ~-, i . I - & ~~ hi If' f) IiI f'i Jr lIt 'II I' -, I I I ,,-1 I ~ N Z ~~ 1: - U~ U}~ , OJ :c~ ~t7l <co ::E~ ,.j...J \.!.I Cl -~~~-_.! ..:---:--'~ 1 .". ! j b ~ I ro JLi IdJ ~~ ~ n:: ~ >-. ~ ~ Cf) :::: o ~ U o -J ~ "C >-. ~ ~ o n... ~ i:: ti) o J ~ r. !!~ J ~ lU I. ~~ < ~ ~i o ~~j ! I' '/' t '\ II I ~ ~___-i!L______-~~,~~~~.~~~fi~~ ( [3 (j s: lli tJj FS ....J ~ :t ~ (j :::: ~ l( }-: Cf) ~ ;ij o ~ 2\ Ii "- i 1 J j~~:1~~.~; ,0:111'111. ~:~~l;~~ ~BBI!il H. J i. .. j. ~ ~ .. .. j. ~ i. ,. I. i .. ~ ,; ~ ,. I. i j ~ ~ ~ ~c; 8 ~~ ~ . ! '" "'''' .. 0" 0 "' . ~ ~ 1113:...: ~ " ::~~ ~ o . . . -a0l,!;i z ~~~ 0 !f~ ;: 15 '" ~;!i < z- . .... "' Hi a: u: z ~ I 0 a: ,!;iN"<J> iil E~~ ~:J.ci en"Q 0 g ~ : III n '" '" . . _Ul~ t~!. ~~fu ~t::U ~~g ~8~. tOO >!u €"S ."'S ~!~ e~~ ! '6"~ "-~'" ....Z" i. j. ,. 0 :2 ~ i. ~ ~ EX. " " II~ ,'1.I~ I; v, ~ 8 :t n !~ ~ ~ Ii I Cl 0 ~ I I ~bU ~ ~ ~ ~ j ~ -g ~ ~ ~ 0. . ~ u o :::J '" '" . 1 "~ o :0 E ] ~] ] ~ 0. ~ ~~ i ~ B 1: CI g ~ ~ .~ ~ _ :0 (; ] '0 a - ~ ~ g ~ r g ~ ~ :~ '0 ~ ~ j ~ ] ~ ~:r; 0 " ~ ~ ~ E 3 ~ ; (; .!:! ~ i:;' ~ ~ ~ f ~ . ~ j ~ ~ i p . i a: "' o ~ jj II ~ ~ : a 8 ~ . . . i :E :S 2\H I I U q b . . . I.~ Q D 411 <I CY EX. fJ1__~ (f) -j i11 N CI..oj'12" E 120.0a0 ~:-~,---ri / ~!,~ ~ iz ll!.1 "-, .~ Q=,,, !~ Q m!" l~ a 8: '; ):i~ : @i / I !tn ~ P' / I I~ ~ ,JJ / ! i~ i'-"~o',!-"",0.'f ::'-O'!CI3:3EI~ol I.I.~: IL/~ 1m I . I. ^ j' ~ !~. N 0'f,'1S" E l26.ceO . /- '/ ./ ~ !&'!: ,__.___.J I/./. // )~' I" I /. >, /:/;' i ~ I~ I ...: I <_ i ~ I~ . ....-::: I ./ . . N 0"13'04" Ii: 2::1'3.940. ~~~ .~ i _ _ - ~ \~ ;/. '0 - - - - - -: - - .J33e:1l-" <'\.'""~ ~;/: ~ 1_. .f- I I I I I I I ~ I I I I i I I . I I . I . I I . I . I I . I . I I . I . I I . I . I I . I i I I . I I . I . I I . I i I I i I I i I I . I I . _.J I I i I I ~~M. 1 : I-TIlI!.!'::--- :!.lb: -;~- I ii".' · ,,,,- i~ ~ : i I 1'l0c I i zl ir:l!~ I I ~I I~i- : : ~: m:~ I i 01 iI-i ;>:\11;;. I ~ I ~: ~i 'il?'~ I I i 21 I I . ~ ~Ir!l!$ I i I ~- ~i~ I i I~. i~)\L 1\ I i I it 1\ I i I i I \ I i I ii"'l!$/ \ I i I i'l0c I \ .J i I Ir!l!~ I \ - - i I 1~(K-1 \ EL"''EI-IT" &T. '1 I I \ . I~~ i . ------) 1'lK"'r i'~ i~$ ;@~ 1- - ;,,';;;,;'' W "..", I I "J('"I:" \~TK- 'lti- I I I _: I~ \ II I ~ I 1-) ___________.JI : ~ - ~~O':it OO~~I~~.$j$ - - - - :- N-O'~~ -,..-,..- - - - : ~ ~f "J('"K- ~~I:"..!l0:-- - - - r - ~t'" - - - - - - I ~---- -~ ---- I ----~ I \ I \, I I I I I I I I I ) I I ! I I I I I L --.-,-.-.-.-,-----.-.--.---.-~a~~~w.~~o-.-.-.-.-.----J__.J._._._._._._._.~ lJ r J>. Z z ~ ~ ~ OJ J>. (j) m OJ \5 g~ ~~ m~ ~ Q~ ~ ~~ eo ~ m ~ ~~ e~ ~ 1----11---STo FR. ANCIS \ TRINITY NURSING. HOME ADD, I A-2 I-IEAL Tl::'__?,E~VICES FARHINOTON NO I Plilliri<? lP11Ji!!lll studio ='.:"~::;,'~;:;"~:m~';":;' 601"5h'Y'~"' 5t. r~::;~~'\:'::i;f4': HDracc,l>/D 55047 <'-\" \~-:-H"'"DI~ __. ___ __~_ ,,~_.,~;;t\-, _ 1[_^.~"'2 ~ ~ \J J> 7\ () ., 1> n () c Z :{ ;U C) 1> \J .:l 'J Iv Gi ., :c (~ j{j ill fij (P ., !~ I" . ~ I~ jll1 Ii/. im rx,z- () ;u () () r- () ~7\ ~ k III ~{j) Z -I ill~ 10 Z o I run- , , , il ! , , , , , l__________ --t- f)All) ~R~ O'tl..!..' 11 - " 11I;\!: -; (~ I:l 8i>::I ~ ~ ~ 1 i 16: I l!!~ b~ ZZ {;\{;\ ~~ OJ ~_ ~ L. VJ ~ m 6. It -I m r m :< II to G'= (j) 6. () C -I I m r m :< '" E ~ m ii (fl -I ~ 'Wl ~ \ I I (m) [l1 ~ !P f)lIii aa!jj 5'L 1J_Z ,,~ ~~I:l ~i>~ ~ ~ I I (~) ~~ (Jl;;; 11~ !i'>; I RAllI p~~ ~ - % (Jlj';\!: -;(l:lll ~i>~ ~ I' ~ ~ "'- :-' p1 , "" a' h i'i,1 fi\ ()l" E \J= I [)" m pI) 'n ~~ !P (Jl;J! f) -;() a ~= r zU> ~ '.lI=< 11I '- h; -; J> ~ 6 z ~ I f)1I:Ji P~41 ~-~ Ol"\!: -;~eJ ~~;;! '.lI ~I ~ I' ()"TI oJ> r() ~~ ID ;J! -;[) 8= zU> !B =< q;; J> z a I 11I -; 8 z ~ I ~ ~ ITI m;:::r ~~ 01" :::; 0: ~ :JI~ ~ 0: I'i. ~j1! (Jl 8, ~t. (Jl[) ra RR ~~ ~lJ );: \!: I I R;U 11 12 R nil () 11l ;u - " OJ j1; ~ ,< (~ ~I ~j;~ '.lI )> ~ r I f) 11 'II i2 ROll () '1 .L 11 . " " !Fe ~ 1> III ~QO EJ>:1 if] ~I ~ f I . ---ll-- . S:f,-PRANCIS ..4-3 HEALTH SERVICES TRINITY CARE Ct::NTER - NEW ADDITION - P'rr3liii~ WJ!i1Ji13IMdilJ ~:=.:;,::~;:::::~ ,;,~~oo':o 60' 5h,y,oo' 5t, t::~;~;':'::::'~p';.:'':';'' Horac!:, ND 58047 --.l..c I. l)"..oc.\.l___ ___ ___ ~_~~ ~"'~""..~t'l _... 1(",~D;;a., IX , rJL ----------;n 8~~8Q~8flQg III () z:1: Z {fl (;"111.0 ::l I). J; il ~I ~ Q ~ t!1 ~J (l) ~ ~l (fl III ll'l r;- !!J -< ~~ J: !.I U; W ~ m lY ~ ):- );0 III 'ill;Q (JI ,_. III ~ r - Q () )~ 1) !:j E 1ll~5~~~ :1:1 8 z ~~ () :I C'o Cj :I :1 l> z r m < m r AJ () () :1 11 Z (J) r 1) r l> z ~ r; ~ :;u m ~ 8 Ii; Z nl ~ :r , " ~.~ z ~ r I In hl E fi' F ~ ~ z 0 '" " " z z if '" :r: ~5~~:c~G=O HH~IHH =(<<<<<<<< 1>-1>-):- 1>- :l>1:.-1>-1>}.:. n1 ii1 ~I ill n1 n1 ii1 ill ill AI ~J AI ;u ;u ;u ;u ;u ~J 000000000 OO()OOOOOO :I:I:I:I:I:I:I:I:I ~~5i~fj8ggtli {p(rI{I'l(P (Jl-U 11 lJ lJ ~!1~~;U;U~~tn~ =i=i=i=i=i~~~~ g g R rJ 0 il11i1 ill ill IDffiffi~~;UH;\I rl-rrr-Oooo 111 rllll11l11lJ () 0 0 () :I:I:I:I lJl l> (J) m lJl IJ ~ffi~fJ0~~5t& /f::::--:--- "":::::::::::::"",,,1/ --~~ ___::::_-::::::____ ....~ Jf r 11 II!~ 1,1, II (fI ~ ~ S l> ~ ;1 '! 1,1,: :: ~ f :: II ht_ ~-_ ~ ~ -_ ~-:.-:.-_ ~ ~ ~ -_ -_-_-:.~ u-:.-:.-_-:.~ -:. -_ ~ -:.-:.-_ -:.-_-:.-:.-:.-_-.kJ ~~~HHH O-I<<<<CLC ~I)>)>l>l>-l-i-l [;\ ,p -\ -; -; ., () () () 111 >; n III In 111 2 2 () iriiU;u~;uOlmffi OOOO,-rr- () 0 0 0 111111111 :I:I:I:I C3) :t;::f,:iiiGiGJ -oLDl'P-! ~]~~~ ~<<~~ :tP-!?jOn i1111l1li l,. ;U;U 00 () '. :I:I )> ~8 ~L~ IQ.-I = ~ [jIl!) I ~~ffi , IQI:;;: kO U -~ ~& I~/ L !~\ ~) ~ ~ 5 te- , I. L_ 1_/ ~= ~ [jl- to::L: ~~ ~) J- l,.::i:ii 1131iri~ lPJli[!li :'ltMdilJ =:~:::::~:.::<::i: :~::;o;,';;" 601 5h",oo, 5t_ rl'"~"F'I~'\"i<O Horace, ND 58047 J~ l ,S.,-c>lL- --...-.... ~ I RINITi CARE CENTER - NEW ADDITION - '---I r-S.T. FRANCIS I I A-b III-IEAL TI-I SERVICES 6x.G City of Farmington 325 Oak Street, Far!!1...ington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Tony Wippler, Assistant City Planner Randy Distad, Parks and Recreation Director ~ Trinity Health Care First Addition Plat Trail and Sidewalk Locations FROM: RE: DATE: May 14, 2007 INTRODUCTION St. Francis Health Services has submitted a Preliminary and Final Plat for the Trinity Health Care First Addition (Plat). DISCUSSION After our discussion today with the Trinity Healthcare administrator, it appears that the trail that has been shown on the Existing and Proposed Park, Trails and Open Space Plan Map (Plan Map) will be difficult to construct in the location shown on the Plan Map. It appears that the building that is planned as part of the expansion of the Trinity Healthcare campus will extend to within 13 feet from the edge of the trail. In addition, there would be some drainage and space issues related to the trail being constructed from Elm Street along the south side of the parking lot. Because this area is narrow and also serves as a drainage way for the properties to the south of the development it appears that this would be less than ideal for a trail location. The reason that this trail was shown in this location was because it would have allowed an east and west connection from Minnesota Trunk Highway 3 to the trails located in the Prairie Waterway. Currently the City does not have an east/west bituminous trail connection in this vicinity and so this would have been a great opportunity for expanding the east/west trails on the east side of Minnesota Trunk Highway 3. Since constructing the trail in the location shown on the Plan Map will not work, it is imperative that the City utilizes a trail connection to be made along the north side of213th Street when the commercial property develops to the north of 213 th Street and east of Minnesota Trunk Highway 3. A trail currently exists on the north side of213th Street but ends east of the commercial property. In regards to constructing a sidewalk on the north side of Elm Street, it is my understanding that the Trinity Healthcare administrator does not have any issue with constructing the sidewalk in this location. RECOMMENDATION It is recommended that a proposed 8 foot wide paved trail not be constructed that was shown on the Plan Map not be constructed due to the trail being in close proximity to the building and the space and drainage issues that it would create by the parking lot but a concrete sidewalk should be constructed in the location shown in Exhibit A. .... .....-..- ... . '--'1 :. ~::~~:.~~~~ . I-- ' ..j 8 i ..:..~.Il ~ t ;.J - ,- cc:: ;,~ ,~ -' :",.-~ ~-;". . . ~ lL. [{ ~ U s: ~ lli U) (fj 6 ~ i=: " U ~ -c:t:: 0 ~ -.J ~ ,I ..... ~. ~ u ..:;;J!I . -~ ..->~ ~ ~ u..J. ~ ~ >--. ~ }....: ~ tI) ~ {2 ~ (j) 0 +~ ....." ~ ~~~ 8 / I ' . l' I I I. I I I I ,I I II lot! I ~ I !~ I h ~ iii ~: tt ~i ~ ~a cYJ> It-... C'ij I Ii" I Ii I ~ ~ i. '3 " i ! i' i' j i- "'t I i. ~ i I'J. I I I. PI i . -t. ~ '5 -t. ~ 'll ~ ' ] ~ ~~U .~ 8~q~ ~ ~c.- ~8~8~ ~8 .~ ~ :t~~n ~g _ \) l;) ~lIj S S 0( 'd ~ j s: ~~ ~ h ~ i i ~__~ -a q ~ .~t1i ~LI8~~ ~ ~ r:} ~ td ,.- ~ ~ H ,I,Ii' J q_.'\f):l ~ .~~..~l1t" I I cr- ~l ~ Fi " i c:: <:: 0 J. i 4:'~ . l i. iJ) -t:'"' <:)- . ~_ l ~ ~l i- i 'll ~ 'll ~ 1ii 'll ~ i [;) ~ J'"' " . ~ ,... ~ J~~~:!':l~~~ .I.I.D .1 ~iii.HUi ';':iJ~. ;':#Jtii ~BBml Ui '0 .c c o :s ii- i- ~ iI i ~ i i"i " .. " i- i' a, i- F 0> 'ii c r.= !! " '5 (]) al i. 0> C ~ ;B II l ) '" .S :i'i ~ i. J ~ ~ :l! 'll ! :J 0> ,I; 1? 8 o '" ;i o F is o <( I- en a: u: Z ~ a: ::l ..~ . ~en~ :8Fli1 .g-::l ~ ~ g~, ~"=-E ;.,.iiil t:.Q0 Ql(])J!I 0. yo.: 0 ~o~ 0-....10 i. 15 l!' Ql ,j; ., ,j; o , Oil:- t C '" " " 0 00 -J!! ~~ ~8 01;f en Ql 'I!:s:~ ~mO o-m Ul ~:S ]fijQi Fa:.l!! o '8 ~~N .cZ1ii t....., 0-" z,... QI . jj ~~ o~2 =i)li: ~r:~ ,j;N'" "M,j; o C " en.9 g .,y., iien.c 0-;: _00.. l!~~ ~~~ -0 €1iiJ9 Zo ~ ~ .c Ql 11 15.~ I-Z::;; 41 ." E c .3 ~'O " '0 Q; e! 1;) o .- 0. '" 41 " ... 0:: 0. (I) ~ . o '0 0 ~ '0 t: 0 gj o E C g. 0 .S ... - ::;: ... ... .... 000 c :5 .. .Q ." 1J ~ g Vi ~ " ~ g :5 :] .~ en .- """ ~ 0 :2 ~ ~ ... In .Q 1J _ .. :5 ~ :5 :?:- '0 ... :e >. ~ ~ E 5 ~ ~ 5 41 '0 >. ... C " .. " ~ .c ... " _ 0 UI .!! .~ g ~ .g ]~l~~'~f ~~~i8~~ ~ ~l,(i~ ~~ "":Ul<l)08,,, .9-O\ioOO'O'lo n.~. .~~:S~ ,LB' ~;!!~~ iii a. 'U -fj 8 l!' ., ii !:l II II II I I , II . I -~ <:> 0 41> <I () ~ ~ ~ 0 " l::J UI -g ~ .9 ~ . C 0. Ql 0. 0 o :.J a:: o d "0 ." ~ 'g .~ Cl ::l; c 0 :;l 0 E ,g .E r= " .0 ~ Ii t Ul '0 " '0 ::l ,:: 0 ~ '" ] 11 .e 0 Ii Cl '" /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator {} FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - Fairhills Pond Slope Stabilization Project Feasibility Report DATE: May 21,2007 INTRODUCTION Attached herewith for Council's review and consideration is the Feasibility Report for the Fairhills Pond Slope Stabilization project. DISCUSSION The slopes on the west side of the Fairhills Pond have experienced erosion over the past several years and the trail along the top of the slopes needs rehabilitation. The proposed project includes reconstructing portions of the slopes to stabilize them and minimize the potential for future erosion. The proposed improvements include repaving/rehabilitating the trail from 190th Street to 193rd Street and the trail north of 190th Street to Englewood Way. Stabilizing portions the slope located north of 190th Street is also accounted for in the project estimates, the exact locations of which would be identified during the design phase. The project would consist of: 1. Reconstruction of slopes along the Fairhills Pond that have experienced erosion 2. Repair of an undermined outlet pipe into Fairhills Pond 3. Construction ofa railing on the east side of the trail in area of steep slopes 4. Construction ofa bituminous overlay on the trail from 193rd Street to Englewood Way. S, Bituminous patching, subgrade correction and crack sealing would be performed in selected locations. BUDGET IMPACT The total project costs are estimated to be $474,000. The project costs would be funded out of the storm water utility fund. ACTION REQUESTED Adopt the attached resolution accepting the feasibility report, order the project and authorize the advertisement for bids. Fairhills Pond Slope Stablization Feasibility Report May 21,2007 Page 2 Respectfully Submitted, ~Yh-~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -07 ACCEPTING FEASIBILITY REPORT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS PROJECT 07-07, FAIRHILLS POND SLOPE STABILIZATION PROJECT 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 21 st day of May 2007 at 7 :00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to the City Council's adoption of the 2006-2010 Capital Improvement Plan on December 19, 2005, a preliminary report has been prepared with reference to the following improvements: Proi. No. 07 -07 Description Fairhills Pond Stabilization Location Slope the slopes on the west side of Fairhills Pond and the east side of the adjoining trail, and the trail from 193rd Street to 190th Street and the segment of trail from 190th Street to Englewood Way WHEREAS, this report was accepted by the City Council on May 21,2007: and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota that: 1. The Council will consider such improvements in accordance with the report at an estimated total cost of $474,000 for the Fairhills Pond Stabilization Project. 2. Jerry D. Pertzsch, P.E. is hereby designated as the engineer for this improvement. He shall prepare plans for the making of such improvement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21 st day of May, 2007. Mayor Attested to the day of May, 2007. City Administrator SEAL Feasibility Report for Fairhills Pond Slope Stabilization Farmington, Minnesota May 2007 File No. 141-05252 . Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com May 16, 2007 ... Bonestroo Honorable Mayor and City Council City of Farmington 325 Oak Street Farmington, MN 55024 Re: Fairhills Pond Slope Stabilization Our File No. 141-05252 Dear Mayor and Council: Enclosed for your review is the Feasibility Report for the Fairhills Pond Slope Stabilization project. The proposed project includes reconstructing portions of the slopes to stabilize them and minimize the potential for future erosion. The proposed improvements include repaving/rehabilitating the trail from 190th Street to 193rd Street and the trail north of 190th Street to Englewood Way. A portion of the slope located north of 190th Street is also proposed to be stabilized. This report describes the improvements necessary to stabilize the subject slopes and repaving of the trail within the project area. A proposed schedule and cost estimates for the proposed improvements are presented in the report. We would be pleased to meet with the City Council and Staff to discuss the contents of the report at any mutually convenient time. Respectfully submitted, BONESTROO ~ ~e~c~,~ Project Manager 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 th tate of Minnesota. Reg. No. 17383 , , , ~ ~, Engineers ~~~ , Architects -~ ' " ~ Planners St. Paul St. Cloud Rochester Milwaukee Chicago Table of Contents Page No. Letter of Transmittal . .................. .........,.." ........." ................. ..................." ........ ............. ............,. ...... 1 Table of Contents............"".............."..........."".............,.,........................................",............ ,......... 2 Introduction................",..............,.............."..............""..........,..................,..,....."...... .................."" 3 Discussion..............."""............."",......,....",............"".........""...............""",."""..... .................",... 4 o Background o Slope Stabilization Improvement o Trail Improvements o Railing o Outlet Pipe Undermining o Easements and Permits Cost Estimates........",..........................."...............,...",.............................""...................... ..........",... 9 o Estimated Project Costs Conclusions and Recommendations ..... ..., ........... ..............", ,..............."", ..................... ............", ..... 10 o Fairhills Pond Slope Stabilization Proposed Project Schedule Figures.......................",...............................,........",."""...............",..........".".......... .........,.""......."... o Figure 1 - Location Plan o Figure 2 - Proposed Improvements o Figure 3 - Trail Railing Options Appendix.,.......,............."...............,..,..........",..............",.......................................",... ...........",........, o Cost Estimate Fairh/lls Pond Slope Stabilization -# Bonestroo 2 Introduction The City has requested this report to determine the feasibility of stabilizing slopes along the Fairhills Pond and repaving the trail from 19Jd Street to 190th Street. Work is also proposed to rehabilitate the segment of trail from 190th Street to Englewood Way. (See Figure 1 for general project area and Figure 2 for specific areas proposed to be improved). The proposed improvements will address the current causes of erosion that have taken place on the pond slopes. The current condition of the trail in the project area is fair to poor and it will receive further damage from the construction work to stabilize the slopes. The proposed improvements include: 1) Reconstruction of slopes along the Fairhills Pond that have experienced erosion 2) Repair of an undermined outlet pipe into Fairhills Pond 3) Construction of a railing on the east side of the trail in area of steep slopes 4) Construction of a bituminous overlay on the trail from 193rd Street to Englewood Way. 5) Bituminous patching, subgrade correction and crack sealing would be performed in selected locations, fairhills Pond Slope Stabilization ~ Bonestroo 3 Discussion Background The slopes on the east side of the Fairhills Pond have experienced erosion over the past several years. The houses on the west side of the trail are significantly higher than the trail. Therefore, the natural surface drainage from these properties is across the trail. In addition to this drainage, several of these properties have drain tiles that discharge adjacent to the trail. The drain tile is from sump pumps or other drainage collection systems, The drain tile results in concentrated points of water discharge onto the trail. Consequently, areas have naturally developed where water is concentrated as it runs down the slopes. Drainage also appears to be passing underneath the trail and discharging on the slope surface which is resulting in the erosion of the slope. The outlet pipe discharging into Fairhills Pond is approximately four feet above the typical pond elevation. Riprap and soil under the pipe has eroded away due to the flows out of the pipe, The trail along the top of the pond slope is eight feet wide and has several cracks and some low spots in the pavement. Some of the low spots are indications of failure in the pavement subgrade, In a long portion of the trail, there is little or no shoulder on the east side (pond side) of the trail. The condition of the trail will worsen due to construction work on the slopes, Improving the pavement subgrade in selected areas, sealing cracks in the bituminous pavement and overlaying the trail will provide an improved trail surface. Slope Stabilization Improvements In general, the slopes will be constructed to their original ~... slopes or slightly steeper. The steeper slopes will be a result of providing a minimum two foot wide shoulder on the east side of the trail. This will result in slopes up to 1.25H:1V (1.25 feet horizontal: 1 foot vertical). Different types of slope treatments are proposed in different areas of the project dependent on the steepness of the slope. Steep slope and erosion at concentratedflow location fairhtlls Pond Slope Stabilization # Bonestroo 4 Gradual Slo/Jes to Fairlv Stee/J Slo/Jes Gradual slopes will be considered for this report to be slopes flatter than 3H: lV. Fairly steep slopes will be between 2H:1V and 3H:lV, Typical gradual to fairly steep slope on east Vegetation growth through Turf Reinforcement Mat (TRM) For these slopes, the proposed solution would include a combination of practices to include slopes to a minimum of a 2: 1 angle of repose. The grading activity will include slope tracking all areas perpendicular to the slope grade in order to capitalize on the surface tracking of the equipment tracks. This grading and re-shaping practice would be combined with a Turf Reinforcement Mat (TRM) and soil filling the TRM with %" - 1" of soil. Blending seeding and planting techniques with TRM will provide long term root stability of that vegetation in addition to providing root stability with the appropriately selected native vegetation. Finally, a biodegradable blanket will be placed over the seeded topsoil to provide temporary splash erosion protection until the seeded area establishes itself. A small vegetated berm should be considered along the new proposed slope crest adjacent to the two to three foot wide shoulder to control drainage at the top of the slope. Openings can be provided in the berm at selected locations to allow water to drain onto the slope. At these points of concentrated flow, an appropriate treatment, such as "scourstop" would be installed on the surface to handle the volume of water in these locations. Scourstop is a plastic mat that reinforces the soil and with voids throughout its structure and it enables vegetative growth to occur. Stee/J Slo/Jes Slopes steeper than 2H: 1 V will be considered steep slopes. The steepest slopes anticipated within the project is 1.25H:1V, The solution that would provide the most stability and allow for the steepest slopes is also the most costly, A technique involving layers of vegetated material combined with a synthetic/biodegradable blanket would be utilized to result in a virtual "living retaining wall". This technique is referred to as "brush layering". This type of brush layering solution would need to be applied along a long portion of the unstable areas. Linking the unstable areas to one another Typical steep slope on east side of traIl fairhtlls Pond Slope Stabilization -#- Bonestroo 5 can form a contiguous living result that will provide long term stability. Although it would not be necessary to utilize this technique along the entire pond edge, the most critical areas of concern would be identified and prioritized. At the base of the slope, riprap would be placed from the toe of slope to about a foot above the pond outlet elevation. A Brush layered slope and rip rap prior to vegetation. Source: Mn/DOT Soil Bioengineering Handbook .' '" ....H .~ 'I r, ";'~-IO:" r:'''',~, u ..' t' :It ,.' ,:..~:..... - I; 'f" I' I ~.. 'J '.J' ... '"' J ",~~,,=, __I..! I . ; "_l L:'.,. l#,':l',. 10.1 .".'l ':'!K": ':""'(', Co ,..-,.,"\ I.:,f,lo.)( '.;'11 11'_~lT.::'j :;. Ilfr.-, -,..' III ,II ~l.~ ';"U'_'.l"II ': L",~_-n~ ','-I I~':I. .I').'> ~.1I ~ 'ItH:(K)" '.-_'~>.I"_'.A', f~. l~ <.}t,::dT .A'."''''..i: ,'f~ III IfH Typical cross-section of brush layered slope with riprap at the base. Source: Mn/DOT Soil Bioengineering Handbook In summary, brush layering utilizes the root stability of woody species and the geotechnical stability of synthetic materials to tie the earth together and stabilize the slope. Consideration should be made as to the total height necessary of this type of f practice, but generally providing a minimum of 4-5 lifts of soil would give the slope the greatest chance of success, These 6- 8" soil lifts would need to continue a minimum of 1 /3 of the total slope length to assure stability. The primary woody species would be willow stakes. Riprap will provide stability to the base of the slope in the event of a sudden change in water elevation, A vegetated soil brush layer and riprap slope. Source: Mn/DOT Soil Bioengineering Handbook fairhi/ls Pond Slope Stabilization -# Bonestroo 6 Trail Improvements The trail has areas with extensive cracking and areas that have experienced settlement and rutting. It appears that the damage is the result of heavy vehicles driving on the trail. Most of the trail has an adequate subgrade and is in need of an overlay. With the trail improvements being made, it is an appropriate time to install pedestrian ramps at the end of each trail section affected. Considering the condition of the trail, the following improvements are proposed: 1. Remove and replace damaged sections of the trail 2. Seal existing cracks in the bituminous pavement 3. Overlay the existing bituminous pavement 4. Install pedestrian ramps at intersections of the trail and street The trail will be overlayed with a minimum of two inches of bituminous. Additional bituminous will be required in low areas and in areas as required to provide the desired drainage across the trail. Railing There currently is no separation between the east edge of the trail and the pond slopes. With slope steeper than 2H: 1 V in many areas of the trail, it is desirable to have some type of barrier between the trail and the steepest part of the slopes. The railing would be located at the edge of the shoulder created on the east side of the trail. Two options have been considered for the railing and are listed below: 1. A metal railing set in concrete foundations. The railing would be designed as a railing along a trail, i.e. 4'-6" tall with the maximum opening of 4 inches. This railing would create a barrier that someone would need to climb over or walk around to get to the other side. It would create a visual and physical barrier. 2. A wooden split rail fence. The railing would primarily be a visual barrier. It would also act a physical barrier but would not be as effective as a metal railing. The railing would be effective in keeping typical user from falling down the slope. With the rails having a much wider spacing, it would be much easier for a person to climb over or thru the railing. Figure 3 shows some sample railings along trails and bridge that could be incorporated into the project. These are intended to be examples of railings. The actual design of the railing will be determined during the design phase with input from City Staff and Council. fairhtlls Pond Slope Stabilization 4t Bonestroo 7 Outlet Pipe Undermining The stormwater pipe that daylights into the pond has extensive erosion under the pipe, The proposed improvements would repair the damage that has occurred and minimize future erosion under the pipe. The proposed repair includes removing the end section of the pipe, installing a geotextile fabric over the ground and placing riprap. Depending on the extent of erosion, backfilling the eroded area may be required. It is anticipated that the existing end section of the outlet pipe will be reused. Easements and Permits Undermined end of outlet pipe to be repaired 1. An NPDES construction permit from the MPCA will be required for the project. fairhills Pond Slope Stabilization * Bonestroo 8 Cost Estimates The project costs are presented below. An itemized cost estimate is provided in the appendix. The cost estimate is based on 2007 construction costs and includes 10% for contingencies and 27% for engineering, legal and administration. The estimated project cost does not include costs for easement or right-of-way acquisition. Estimated Project Costs Fairhills Pond Slope Stabilization Total Estimated Project Costs ~!~2~_?_!~_~JJ!~_~_!ig_~m__mm___m_mm___nmn______nm____m_m_m_____mnnm_m_m_______________m______mnmt?L~LQ_Qg TL~!!_~~R~_~_~_~_g__~_~2~Y_i!]_g_mmm____mm______m__m________nm_____mmunnmm______m____m_m_n__m_mm1?_QLQgg Railing (Metal assumed) $121,000 ~!~~~~~!~~:Q:~:![~!E}ji~~~~i::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I?~:Q:Q:Q Total Cost $474,000 fairhills Pond Slope StabIlization #' Bonestroo 9 Conclusions and Recommendations The proposed improvements in this report are feasible and cost-effective as they relate to general engineering principles and construction procedures. The feasibility of this project as a whole is subject to the financial review. The proposed improvements are necessary to prevent future erosion of the slope on the west side of the Fairhills Pond and improve the quality of the adjacent trail. Based on information contained in this report, it is recommended that: 1. This report be adopted as the guide for the stabilization of the slopes on the west side of Fairhills Pond and the east side of the adjoining trail, overlay the trail and install a railing along portions of the trail; 2, The City conduct a legal and fiscal review of the proposed project; 3. The slopes of the Fairhills Ponds be reconstructed as outlined in this report; 4. The following tentative schedule be implemented for the project: Fairhills Pond Slope Stabilization Proposed Project Schedule: The project is envisioned at this time to be constructed in 2007. Accept Feasibility Report, Order Project and Authorize May 21,2007 Advertisements for Bids Hold Neighborhood Meeting Week of June 11, 2007 Bid Date June 29, 2007 Accept Bids - Award Contract July 2, 2007 Begin Construction July 23, 2007 Substantial Completion of 2007 Construction October, 2007 Final Completion of Construction May, 2008 fairhtlls Pond Slope Stabilization -#- Bonestroo 10 Figures ............ \, I \1 ~ (// "" - , '" ~ L \\ ~ tJ . ( \ ~ p c::::: t\ -:; n L- / ~ PROJECT LOCAll0N t\ / I~ h C - ~ I ~ ru ~ .~ ~"l ~ "~ -\ V III [ ~ n~ r U ~ '~ V /\C ~~ /I - /. / != '- - EP):~ w~~~ - L-~il~ ~ r---- I I ~ ~~u 0\ ~ I I / ~ i \~"'" 'X ~ CJ I l~ " ./ ~ -~ Ii"' l----- ~ .-H.::-- - V ~."":::;;(>f ~ Il Ff Ii 0- ~ ~ fJ f-l U 1) L J I~IB I'll Be ;r <;; ~ lliI~iJIl!1l1l1 0.11 ~Im I c I w - m~ - ~ ~ 1\ h:- n m I I II I ~L II " u- f]o (J) ~ ~ ~k h \ -./7 1 l S /I LOCATION PLAN .tt Bonestroo FARMINGTON, MINNESOTA FIGURE 1 FAIRHILLS POND SLOPE STABILIZATION 14105252MAP.DWG DATE: APRIL 2007 COMM: 141-05252 . ~ \.-- 'v / / / \ ~ / \ /' _ --\ \ ' I 'L - - -1_ /' '\ \ '\ / \ / ,,/ X _-- \ I II / r .--( ",</ /< ~-~\ I ~---r----1 I ~/ \ \ /,.) ~ /" \ // \ /,{---Tt-----i I / /// \ Y \" \ '< '/ \ \: I L _ _ l- - - -1 r \ Y / /\ >., \'(/"'\ '_----+-------1 I -; I l//\--/ /"\ ~N_ / \ >- _ ---t \ \ I .J- - - ~ --\ / \ \ / o'~ ( \ \ _ _ \ ~ L- - - 'i\ Y \ v.\ , //-\ '( \..l-- - - - ----\- .,. 1/"'\/ \ ')--"\ \ \ '\ \ \ _ J- - ~ __\ _ \ 1 \ \).-- -<" \ j L \ l.---" ,--I \ J -"'( " _.>- - _..J _ _ _ - \\: - \ \ \ \' ~ - - --i" \ V).--: '\ --I \ \\ \ \ \ / I-. "/ ~/ \ - - \ \ \\- _ _ _ -1 \...- - _1. _ _ _ _ ~ \ _,:-" ' I f- - - -I" I / / \ \ \ 1\ \ \----\ =~~:- ,,;// -.......; il / "...../ / \ _ \ _ -t-I - - "\ \ : -\ \ \ ~ ~_..... ,~. // I /-..... 7 f-.. \... _ 1 -\ \ .- -,', ,,,~,,/~ J........ ........ J-, - - If" .... r I .J r- - - - \ \ \ \ ,:x ' ,/ / ",,/ /'1 -t / ..... 'I I _ _ \- - - I I \ Yilt: :"; ( / "I / I- - - -1 - f J- - \ \ \ /, ;': ".It - / / " ..... f f- - - -I ,- - I I _ _ // _ _ _ '. \ \ ~ '" : of",':: 'r -....; f 7 , I -I , / -t-'---y ': 'j:'::::'r, It / 1'........ / 1-' .... / f-- / / a~'i-W'_ / / " -....J f- - - -;/ I- - -I - - -I , ~Y'......../ / - -_ --1 / ~v _ 1 r--/: / It/ - r I l. I.......... / If"" / ---1 //./;. -; L_ I / ----;, .---1 --1 f' ........ ,,/ "/ 1-_ --.} f-- Ill-- r- / f / /-.. .......... " '(I / ~)t - -; t - ......, I - - -J I - - t - 1--1 f- - ........ / .......... I ,,/ ../ II / 1 .............; f .......... / ...................1 ,'.<.:: I -- f-_ I f- --..J I / ........ .......... I 7 I......... _/ I -I I -J t / / I ................ 'y ..4~ ,t/" 7 f- / - / I -- f- --{:II: ........"./.................. I 1/,;;; / -d.. I -_ f-. I f- - I --..... i f - - - /....... ........ '-....... I \\\1: ;,~ ~; - -{ i / --; I - - --; / - - - -I I I !t I - -(- - ................. 'I ~: ",,II I f- -I f- I I- t I L - -l~:i \- - - - - 1- - :: ::= "\ ~ '~r- -\' I~ I - - / - -1 / - J - -1 r- :: - . \ I _ - -1 Ul :\.-,,\;..,l I - - -\ ~ - - -{ !- - - - -I // "'- _ _,.-_ \ -' \\,\'~_ r \ - l'.... \ L..--- \ ~ ,~,,{ ~ \ I ,I / I --\ \ \ _ _ -\ <( "'\'):~\\. \.- _ _.J. / _ -1 1_ _ f- - - -{ ,f- - --1 t- - \ _\- - \ l<. "\\, \, - \ \ r - I r 1 I '~_~ \-~__\_---1 ~~ '\//l~--~ ~---r--~ ;---{- \ \ \-- \ ~ \ II I I I I I / \ J \ ~\- - - ("........ -LL -- J L -- -L -- J L_ ~-- - \ - \ _ - - - "\ )-. M .LDILS JS~~ 'r-/J---r--T-~~-_r-I r--r--- ,t-, \\-_- I \ \ \ \-_----\ I \ \ : \ \ J \ \ I I I I I \ I I -L-t- L_____--L__ _--L_.1-_...L_...L_...L_~ L_---L__ \ \ \ \ \ M .LDILS HL08~ \" \T\"\ r -- - - --r - - - - - - - ~ ~,-7- -, - - --r- -,-- -,-- -r--, -t--~ \ \ \ / ~ 0 \ ",,,- '1., \ I I I I I " \ \) \ / \ ~ \ \ "'{.', \ I I I I I \ y ....... '\ / ,A ~ \ \ '~~ "" \ I I I I I - \- \ \ .// \ -' ' \ \_ /./.>.. ~ \ ':::'" "J- -1- ---L- ---L- -L _-l \ - -\ V ./ \ <( \ ':::'" v ~\'\ \ .\ \y/// .\ ~ 'L- ~t /---'--i-T-l ,-T-l \~\: .\ \ // ~ ,==, \\---\ : : : ~: : : /'/' \/~\/' ~ '\ /'/'/ ~ \ _---\ \-~_-L_~ i ~--T.J \ /\ \ /' Y /' \ \ \-- \ \ --\ 18 I '( /' \~ A - >\ ~ \ /' /'.A \ \ -\ \- - \- / \ /' < ~ \'y / \ Y /' /' \ \ '\ - - \ - --\ - - - - -I I / \ Y ~\' Y \ A. \ / ./ A. \ -\ \-- - \ / L - --L - .... ) \ /' , A _'y /' \ ~~ Y /' ./ \ ) r - - \ \ r- - - - -I '\ ~. y \ ,A 00 \ /,,A \ L - 1- /\ /' \ A \ / \ ~ Y //' \ I I - - -, I - - _ / . / \ '1'~ Y ~ - y x\ .A ,. \ / --1 I I -1 \ \ ~ /' \ A 'x /' \ Y / / \ -1-- - I r - - -i- \ \ Y >. y \ --\ \ / \ / --; 1--- I ----; \ A \0/ /' \ A x /' ~ '\ J /f-- - _ / / )(/' \ \ >. y \ /' \ \----\ I "'-1 I /' \ \ // \ AX I-. I r-_ X. \ \ '( >. y \ \ \ I / - - I I \ \ ) \ /' \ ,A \ I }----J!-. / I-- \ ~/ '\ \ \ \/ / I I ---/11 - >-- /' ^' /' \ \ /\ t-- " I I-- - -{ {\ '\ '< \ Y \/ ........ J-- _ I - -- " .......... \ \ 'I / ---; I A \ ^"............ \( / \ / f - / I-- /' ,---<. \ / ')..... -..../\! \ / I ;--/ / -- \ Y ........... \........ \ I I / \ / / I \ - ........\ I I I f- - / I I / / r-~, r....J.. / ---L / I /.... \'- \........J-. I / I >..........-( -_-/.._ I \ r--~ ........-.....J 1----1... .......... / - i - - \ Z \ ,................ ( ) .f I .............'^, ,\........ '\ / r--r--, I I I I I I I I L_-L__ /r-T-T I ' / f- / / I - -,-c -:;c- o z w C) W --.J .... <( Z ::E 0 Ul .... i= .... z z w ....... 0.... w ::E ::E w l:J 0:: ~ u ZUl U 0:: ~~ 0 0 ~~ (/) 0:: .... W Q.. Z jUl 0 ~ Gj 0:: J:~ -' ~~ UlO <( ::l-' 0:: ~~ 0::-' .... QJ;i: I I I . l ) o e .... VI CV C o CO ~ I"- o o N ~ ~ r \ \ \ (J) I- Z w 2 w > 0 0::: CL :2 --.J <( 0::: I- .............. Z 0 I- <( N --.J - OJ <( I- (J) Z W 0 CL f- 0 <( 0'1 --.J N ~ (J) --..J '0 N m t:l O. <( G: I W f- N (() L{') (J) N L{') 0 w 0 0.... 0.- ~ "<t- O Z 0 ./ 0::: 0 --..J 0'1 f- (() ~ CL C) 0 ./ Z 0 '0 - Z 0 :2 u 0::::: 0 ./ 0.- N N. <( L{') LL N L{') (() 0 W LL --..J ~ --..J "<t- O::: 0 ~ :=) ::r:: ./ (') . 0::::: "<t- ~ LL <( ./ LL ~ Appendix Preliminary Cost Estimate Fairhills Pond Slope Stabilization Farmington, Minnesota Bonestroo File No. 141-05-252 Item No. Item Description 1 Mobilization/Demobilization 2 Traffic Control 3 Turf Reinforcement Mat (TRM) (Note 1) 4 Brush layering/willow staking (Note 1) 5 Rip Rap at outlet pipe 6 Crack Sealing 7 Bituminous Pavement - Replacement 8 Bituminous Pavement- Wear 9 Pedestrian Ramps 10 Fence (metal) Subtotal Units LS LS SY LF LS LF SF TN EA LF Total Estimated Construction Cost (Without a Contingency) Contingency Administration, Engineering, Legal Total Estimated Project Cost 10% 27% Quantity 1 1 1,500 600 1 300 1,800 375 4 600 .. Bonestroo 4/17/2007 JDP Unit Price $23,000.00 $1,725.00 $40.00 $185.00 $5,750.00 $2.25 $6.00 $86.50 $1,725.00 $145.00 Total Price $23,000 $1,725 $60,000 $111,000 $5,750 $675 $10,800 $32,438 $6,900 $87,000 $339,288 $339,288 $33,900 $100,800 $473,988 loe! City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator (J \., FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Federal Surface Transportation Program Application Proposal - Trunk Highway 3 DATE: May 21,2007 INTRODUCTION Attached for Council's consideration is a proposal outlining the scope of work and associated costs to prepare an application to solicit funds from the Federal Surface Transportation Program for improvements to Trunk Highway 3. DISCUSSION As previously communicated to Council, there is potentially an opportunity to obtain funds from the Federal Surface Transportation Program (STP) for improvements to Trunk Highway 3. The Metropolitan Council and the Transportation Advisory Board will award approximately $92 million from the Federal STP program in a solicitation that will begin this summer, with final project selection taking place in the summer of 2008. Projects selected in this solicitation will be programmed for funding in 2011 and 2012. The process to complete the application is outlined in the attached proposal. The most significant aspect of the application that will need to be identified in the process is the improvements that will be proposed to Trunk Highway 3. This will be identified in the meetings outlined in the scope of work and all the project partners will need to be in support of the proposed improvements. Empire Township has agreed to assist in funding the cost of the preparation of the application in the amount of $5000. In addition, the Board will be considering a resolution indicating their support to be a participant in the mandatory local 20% match of funds for the project (see attached email and meeting minutes from Empire Township). BUDGET IMPACT The estimated cost to prepare the funding application is $21,600. As indicated previously, Empire Township has indicated a willingness to participate in the cost of preparing the application in the Federal Surface Transportation Program Application May 21,2007 Page 2 amount of$5000. The balance of the costs would be funded from the City's Road Construction and Maintenance Fund. ACTION REQUESTED Authorize, by motion, the attached proposal for completing the application to procure funding from the Federal Surface Transportation Program for improvements to Trunk Highway 3. ~~~~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Empire Township 2335 Highway 36 W St Paul. MN 5S1 13 Te1651.636.4600 Fax 651-636-1311 www bonestroo com May 18, 2007 . Bonestroo Mr. Lee M Mann, PE, Director of Public Works/City Engineer City of Farmington 325 Oak Street Farmington, Minnesota 55024 Re: TH Improvement Federal STP Application Proposal City of Farmington Bonestroo File No: MOO 141-07000-0 Dear Mr. Mann, The City has requested a proposal for the work to prepare an application for federal funding through the Met Council solicitation for the Surface Transportation Program (STP) for improvements to Trunk Highway 3 in the City of Farmington. As discussed in the meeting with the County and other local government representatives at the Dakota County offices on April 27, this roadway is classified as an "A" Minor Arterial - Connector and is eligible for up to $5.5 million in federal funding for the FY 2011-2012 funding cycle This memo includes an estimate of the cost of preparing a federal funding application, and also a description of the scope of services typically included in completing a funding application of this nature Cost Estimate In order to prepare a sound and effective proposal, the completion of the application requires a relatively substantial amount of work. It is critical that adequate time be spent studying the project and its relationship to Mn/DOT and Metro Council long range goals articulated in the 2008 - 2030 Transportation System Plan and existing transportation system goals such as mobility and safety. The application requires detailed information on a variety of project variables, including crash statistics, access management and traffic conditions, project geometries, linkages to existing and planned higher density land uses, and other issues. Finally, Mn/DOT awards higher scores to projects that have demonstrated progress in project development, so preliminary environmental analysis and a preliminary design layout will be required to give the project the best chance to receive a high score by the project reviewers Based on our experience in providing these services in the past, it is estimated that this effort would cost approximately $21,600. This work will be completed on a "time and materials basis not to exceed" Work related to changes or expansions in the scope of work will not be performed without prior authorization. St Paul 51 Cloud Rochesler Milwaukee Chicago ~~~~~ '~:~~~f~{~~;5~~~~ City of Farmington TH 3 Improvement Federal STP Application Proposal Page 2 May 18, 2007 Proposed Scope of Services Bonestroo has extensive experience preparing funding proposals for our clients for a wide variety of state and federal programs This process would involve the following services: . Bonestroo will organize and participate in a project "kick-off" meeting as soon as possible after selection to discuss the details of the application process, establish a project timeline, and to assign project tasks to various Bonestroo staff and project partners with Mn/DOT, Dakota County, the City of Farmington, and Empire Township, Based upon the required components of the application and the scoring criteria listed in the application, Bonestroo will come prepared at the initial meeting to suggest a "proposal strategy" that will be geared to address the specific goals and objectives of the STP grant This process will ensure that the time spent preparing the grant application prior to its completion and submittal will be used most efficiently in order to prepare the best possible proposal. (Estimated Cost = $800) . Bonestroo will immediately prepare written requests - as required by Mn/DOT - soliciting their support for the project and also for state funding, if necessary. A letter soliciting project support is due to Mn/DOT by June 11. If project funding from Mn/DOT is requested, a letter soliciting project funding is due June 4. Bonestroo will also coordinate the preparation of all other letters of support to be submitted by local authorities and other project partners. (Estimated (ost == $2,000) . Bonestroo will coordinate the efforts of its project partners, including Mn/DOT, Dakota County, Empire Township, and developers to prepare any preliminary work, including design, environmental review, and analysis of right-of-way needs that may be required to enhance the application. (Estimated Cost $10,000) . Bonestroo will prepare the application This process will involve working with the City and its partners to develop effective responses to the specific questions included in the application form Bonestroo will be prepared to conduct four face-to-face meetings with City staff and/or other agencies during the preparation of the grant application to provide a "progress report" and to discuss any specific issues related to the proposal. Bonestroo will provide regular drafts of the proposal, as requested by the City, to allow the city to provide input and feedback throughout the process. It is anticipated that City staff and other project partners will be able to offer valuable input for articulating the benefits of the project being proposed Bonestroo will ensure that all ideas recommended for inclusion into the proposal are considered and that proposed language is considered and approved by City staff and others. (Estimated Cost $8,000) City of Farmington TH 3 Improvement Federal STP Application Proposal Page 3 May 18, 2007 . Bonestroo will provide a final draft of the proposal to the City at least 5 business days prior to the submittal date This will allow time for the City and project partners to review the final draft (We re-emphasize that the City and project partners will be seeing drafts of the grant proposal throughout this process, so a final review should not require more time than provided here) . Once the final draft has been completed, a final meeting can be scheduled if necessary for review of the application before it is submitted (Estimated Cost $800) . Bonestroo will complete the application on time, and submit the application in the format required by the Metropolitan Council prior to the designated deadline. Please feel free to contact me for any additional information on this estimate Sincerely, BONESTROO. (J 0 tl f/Ii1I/ttr.:A. ~b,- Matt Shands Funding Analyst (651) 967 -4646 Page 1 of 1 Lee Mann From: Sent: To: Brian Hilgardner [brianhi@bolton-menk.com] Wednesday, May 16, 20079:38 AM Lee Mann Subject: T.H. 3 Attachments: TB 5 8 07 minutes. doc Lee, The Township made a motion at the last Board Meeting (5/8) to contribute $5,000 toward the Federal Funding Grant Application associated with T.H. 3 as discussed at the recent meetings. I am also going to draft a resolution for the next meeting illustrating their support to be a participant in the 20% local match. The minutes from the 5/8 meeting are attached. Have a nice day! Brian Brian Hilgardner, P.E. PROJECT MANAGER BOLTON & MENK, INC. 12224 NICOLLET AVENUE BURNSVILLE, MN 55337 (952) 890-0509 OFFICE (612) 328-4729 CELL 5/16/2007 Empire Township Meeting Minutes May 8, 2007 The Town Board meeting was called to order by Chairman Terry Holmes at 8:15 p.m... Present were: Terry Holmes, Ed Gerten, Jamie Elvestad, Kathleen Krippner, Dean Johnson, Elaine McGovern, Brian Hilgardner, JeffHince Agenda: Jamie Elvestad made a motion to approve the agenda with added items to New Business: Met Council Data Requirements and also 2008 Budget. Ed Gerten seconded. Motion passed 3-0. Meeting Minutes: Ed Gerten made a motion to approve the minutes of the Town Board meeting of April 24, 2007, Planning Commission meeting of May 1, 2007 and Park and Rec meeting of May 7, 2007. Jamie Elvestad seconded. Motion passed 3-0. Treasurer Report: Jamie Elvestad made a motion to approve the unaudited treasurer report as read. Ed Gerten seconded. Motion passed 3-0. Visitors: Charles Blair, 3260 19ih Street, had issues with speeders on 19ih Street, daughter walking along 19ih to catch school bus there is a lack of shoulder and no sidewalks or street light. He had issues with his neighbor and said he dumped across the road in the wetlands and that he had a 5th wheel camper parked in his yard that blocked his view. Bills to be paid: Ed Gerten made a motion to approve the attached list of bills but hold the Tri State BobCat check until we get the Toolcat back. Jamie Elvestad seconded. Motion passed 3-0. Maintenance: Jeff checked into a generator for the well houses and the cost was around $70,000.00. Sayers said that they would donate a used pressure washer. Kathy will call MN Assoc. of Townships to see if there is any issues with this. Bolton & Menk: Brian reported that the sand at Well #3 would be gone in two weeks. They need to complete the watermain connection and put the pitless head in. The pump will arrive in about two weeks and then they will seed. Jeff will check out the price of sod. t MNDOT is convinced that a roundabout is what is needed on T.H. 3. They are short $500,000. MNDOT would like to work on updating T.H.3 from 190th to 50. They would like Empire to put in $5,000 towards the application fee. Ed Gerten made a motion to approve. Jamie Elvestad seconded. Motion passed 3-0. Met Council decided not to lower Biscayne Ave. by Featherstone property and worked a deal out with Featherstone and not discussing with Empire. Brian will call Bryce, Jim Roth's boss, and ask for cooperation and consideration or we will pull their Conditional Use Permit. Old Business: Ed Gerten made a motion to approve Heritage Townhomes Development Agreement pending John Ophaug's approval and the Letter of Credit from Heritage. Jamie Elvestad seconded. Motion passed 3-0. LMC, MS4 Coalition said that we should send in our yearly dues of $375 and that would cover us through next year. Discussion took place regarding the boundaries Farmington presented at the last EFP AC meeting. Dakota County had a meeting on their fiber optic project. It is double the cost than originally planned and they are looking for funding. New Business: Town Hall Rental Agreement should be brought to the Planning Commission meeting. Empire would like to be on the Board of the Community Development Block Grant Program. Jamie Elvestad made a motion to approve Ordinance 410-BB and it's summary. Ed Gerten seconded. Motion passed 3-0. Dean Johnson will be the main contact for Empire regarding the Vermillion River Watershed. There will be a meeting with several Townships and a few small cities on May 30th at 7:00 p.m. at Castle Rock Town Hall. Jamie Elvestad made a motion to approve participating in the Met Council Data Requirement Group Community Plat modeling Program. Ed Gerten seconded. Motion passed 3-0. Empire Township Celebration will be held the first Thursday in August, the 2nd. Adjournment: The meeting adjourned at 10:45 p.m.. Kathleen B. Krippner, Clerk - Treasurer IOe City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator (5 FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Elm Street Reconstruction Project Update - Bid Opening Results DATE: May 21,2007 INTRODUCTION Bids were opened for the Elm Street Reconstruction project on Wednesday, May 16th. DISCUSSION Seven bids were received for the project and the apparent low bid is favorable in comparison to the feasibility report estimates for the overall project. Further details will be provided after the analysis of the bids has been completed. BUDGET IMPACT The apparent low bid for the overall project submitted by Ryan Contracting is $3,520,843.26. The budget impact will be forwarded to the City Council at the June 4th City Council meeting after the analysis and verification of the bids is complete and a recommendation is brought forward regarding the award of the street lighting alternate. ACTION REQUESTED None, this item is for Council's information. Respectfully S ubmi tted, ?b /1( ~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file IOf City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ('J FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Metropolitan Council/FarmingtonlLakeville Flagstaff Interceptor Cost Sharing Agreement DATE: May 21,2007 INTRODUCTION Attached for Council's consideration is a Cost Sharing and Construction Cooperation Agreement between the Met Council, Farmington and Lakeville for the Flagstaff Avenue Interceptor. DISCUSSION/BUDGET IMPACT The attached agreement provides for the Flagstaff Interceptor to be a Met Council interceptor. The Met Council would assume ownership, operations and maintenance responsibilities for the interceptor. The proposed cost sharing for the project, based on estimated project costs, is outlined in Exhibit E in the attached agreement. The cost to the School District is anticipated to be reduced by approximately $1,000,000 in comparison to original estimates for the sewer interceptor. Once bids are received on the project, staff will update the Council on the actual budget implications to all the parties. ACTION REQUESTED Adopt the attached resolution approving the Cost Sharing and Construction Cooperation Agreement between the Met Council, Farmington and Lakeville for the Flagstaff Avenue Interceptor. Respectfully Submitted, ~M~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -07 APPROVING AN AGREEMENT BETWEEN THE CITIES OF FARMINGTON AND LAKEVILLE AND THE METROPOLITAN COUNCIL FOR CONSTRUCTION AND FINANCING OF A JOINT SEWER INTERCEPTOR 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 21 st day of May, 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, Farmington has previously agreed to construct a joint sanitary sewer interceptor with the City of Lakeville to serve areas of both cities as part of Farmington's Flagstaff Avenue project, and; WHEREAS, both cities have agreed to seek metropolitan council support for that project, and; WHEREAS, the Metropolitan Council has agreed to assist with the project and to assume responsibility for the sanitary sewer interceptor as part of its Metropolitan Council Environmental Services regional system upon completion of construction, all in accord with the terms and conditions specified in the attached agreement between the Cities of Farmington and Lakeville and the Metropolitan Council Environmental Services. NOW THEREFORE, BE IT RESOLVED that: 1. The attached agreement between the Cities of Farmington and Lakeville and the Metropolitan Council Environmental Services is hereby approved by the City Council and the Mayor and City Administrator are hereby authorized and directed to execute that agreement, and 2. The City Administrator is hereby authorized and directed to take such action as necessary to comply with the terms and conditions specified therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21 st day of May, 2007. Kevan A. Soderberg Mayor Attested to the day of May, 2007. Peter J. Herlofsky City Administrator SEAL MCES Contract No. DRAFT 5/16/07 COST SHARING AND CONSTRUCTION COOPERATION AGREEMENT Flagstaff Avenue Interceptor THIS COST SHARING AND CONSTRUCTION COOPERATION AGREEMENT ("Cost Sharing and Construction Cooperation Agreement" or "Agreement"), made and entered into as of this day of 2007, by and between the City of Farmington, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as "Farmington"), the City of Lakeville, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as "Lakeville") and the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (hereinafter referred to as the "Council"). WITNESSETH: RECITALS 1. Farmington has authorized construction of and intends to start construction of its Flagstaff Avenue Utility and Street Improvements, on or about August 20, 2007. For purposes of this Agreement, the construction of aforementioned project by Farmington is referred to as the "Farmington Project". The location ofthe Farmington Project is shown on Exhibit A, attached hereto and made a part hereof. 2. The Council, as part of its regional wastewater treatment system, proposes to construct a sanitary sewer interceptor in Farmington to serve Farmington and Lakeville to be known as the Flagstaff Avenue Interceptor. For the purposes of this Agreement the Flagstaff Avenue Interceptor shall be hereinafter referred to as the "Council Project". The Farmington Project includes the Council Project. The Council Project is located as shown on Exhibit A and is generally described as follows: - 1 - MCES Contract No. DRAFT 5/16/07 Interceptor sewer ("Interceptor") from MCES Interceptor 7103 in Farmington north along Flagstaff Avenue to approximately 200th Street thence westward along/under 200th Street to the LakevillelFarmington Border. The Interceptor shall have an average wastewater flow conveyance capacity of 1.6 million gallons per day and peak wastewater flow conveyance capacity of 4.6 million gallons per day at the Lakeville border. The Interceptor shall have an average wastewater flow conveyance capacity of 2.6 million gallons per day and peak wastewater flow conveyance capacity of 7.0 million gallons per day at the junction with MCES Interceptor 7103. 3. Both Farmington and Lakeville will receive capacity and trunk sewer value from the Flagstaff Avenue Interceptor. 4. The Council has further determined that the Council could best utilize its staff and financial resources by including the construction of the Council Project as part of the Farmington Project. Therefore the Council is entering into this Agreement to have Farmington act as its agent to perform the necessary design and construction of the Council Project and to reimburse Farmington for a share ofthe costs of design and construction of the Council Project. 5. The Council is authorized by Minnesota Statutes ~ 473.504 to construct any interceptor or treatment works determined to be necessary or convenient for the collection and disposal of sewage in the metropolitan area and to contract with any local government for the performance on Council's behalf of any service. - 2 - MCES Contract No. DRAFT 5/16/07 6. Lakeville has determined that it is in its best interests to have the capacity and trunk sewer value from the Flagstaff Avenue Interceptor and to enter into this Agreement to reimburse Farmington for a share of the costs of design and construction of the Council Project. 7. The Council has further determined that it could best utilize its staff and financial resources by including design and construction of a wastewater meter structure in a future local sewer construction project upstream of the Council Project to be undertaken by Lakeville, the terms and conditions of which design and construction will be set forth in a Supplementary Construction Cooperation Agreement between the Council and Lakeville. 8. The Council, Farmington and Lakeville agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes ~ 471.59, Metropolitan Council Action No. 2007-177, Farmington City Council Resolution dated and Lakeville City Council Resolution dated that said provisions will be carried out by the parties hereto as provided by this Agreement under the provisions of Minnesota Statutes ~ 471.59. AGREEMENT NOW, THEREFORE, for mutual valuable consideration, the sufficiency of which has been agreed to by the parties, the Council, Farmington and Lakeville agree as follows: I. - 3 - MCES Contract No. DRAFT 5/16/07 1. The purpose of this Agreement is to set forth the terms and conditions and responsibilities of each of the Parties to this Agreement with respect to the design and construction of the Council Project by Farmington. a. Farmington will contract for design, construction and construction inspection and supervision of the Council Project. b. Farmington will acquire land rights, permanent and temporary easements for the Council Project. The easements shall be substantially in the form attached hereto and made a part hereof as Exhibit B. Farmington shall transfer such land rights and permanent easements to Council upon completion of the construction of the Council Project. Such land rights and easements shall be in recordable form. 2. The Council hereby consents to and appoints Farmington as its agent to perform the design, environmental permitting, and the construction of and to obtain bids for the Council Project in accordance with the final construction documents for the Council Project. 3. The Council shall provide to Farmington design standards and design criteria for the Council Project and shall provide peer review during design. II. Farmington will prepare and submit to the Council for the Council's review and acceptance the final construction documents for the Council Project ("Construction Documents") which will include plans, specifications, the bidding documents and a proposed schedule for the Council Project. The Council will not unreasonably withhold acceptance of the final Construction Documents. Evidence of the Council's written acceptance pursuant to this Section II will be a letter to Farmington from the General - 4 - MCES Contract No. DRAFT 5/16/07 Manager of the Council's Environmental Services Division ("MCES"). Council will provide a copy of the written acceptance to Lakeville. 2. Construction Documents for the Council Project shall be on file with the City of Farmington. Said Construction Documents are made a part hereof with the same force and effect as though fully set forth herein. Attached hereto and made a part hereof as Exhibit "c" are selected detailed plan sheets showing all aspects of the Council Project construction to be included in the Construction Documents and constructed by Farmington as the Council Project. 3. Farmington shall include in the bidding documents specific line items for construction of the Council Project. 4. Farmington will tabulate the bids and submit to the Council a recommendation for selection of a bidder and award of contract for the Farmington Project including the Council Project. The Council shall have seven (7) business days to review the bids and either accept the bids and Farmington's recommendation for selection ofa bidder and award of contract or to reject any or all bids and Farmington recommendation for a bidder and award of contract. The Council shall inform Farmington in writing of its acceptance or rejection as provided in the previous sentence. If the Council rejects any or all bids and/or Farmington's recommended selection ofa bidder, the Council will provide to Farmington, in writing, the reasons for such rejection. Subsequent to rejection ofthe bids and/or award by the Council and ifthe Council and Farmington mutually agree, Farmington may readvertise for bids. Prior to such readvertisement for bids, the Council may submit to Farmington and Lakeville for inclusion in the Construction Documents for - 5 - MCES Contract No. DRAFT 5/16/07 the Council Project, changes in the Council Project which in the Council's opinion may result in reasonable bids. Farmington agrees to incorporate such changes into the Construction Documents for the Council Project prior to readvertisement for bids for the Council Project. Immediately upon opening the second set of bids, Farmington and the Council shall follow the procedure set forth in this paragraph with respect to tabulation of bids, recommendation for selection of a bidder and acceptance or rejection of bidder by the Council. If the Council again rejects any or all bids and/or the award recommended by Farmington, this Agreement shall become null and void. In the event this Agreement becomes null and void in accordance with the terms of this Section II, the Council and Lakeville shall each pay to Farmington its respective share of the design and administrative fees actually expended by Farmington for the Council Project in accordance with the terms of this Agreement. The respective shares of Lakeville and Council shall be the shares identified in Exhibit E in the line item identified as Percentages Shares. III. Farmington will administer the contract and inspect the construction of the contract work for the Council Project. Farmington will provide to the Council monthly construction reports indicating construction progress and inspection results. The Council Project work may be inspected by the Council's authorized representative, but the Council's authorized representative will not have responsibility for the supervision of the work. If the Council reasonably determines that the work has not been properly constructed in accordance with the Council Project Construction Documents, the Council through its authorized representative shall inform the Farmington Project Engineer in - 6 - MCES Contract No. DRAFT 5/16/07 writing of such defects. The term "authorized representative" for purposes ofMCES means the person designated in writing by the General Manager of the Council's Environmental Services Division. Farmington shall require its contractor to make the corrections and/or meet the requirements of the Construction Documents requested by the Council through its authorized representative. All work shall be performed in substantial accordance with the approved Construction Documents. The Farmington Project Engineer will inform the Council in writing of completion of construction of the Council Project. Within a reasonable time thereafter, the Council will inform Farmington in writing either that the Council Project as constructed conforms to the Construction Documents accepted by the Councilor that the Council Project does not conform to the accepted Construction Documents. The Council will further inform Farmington of the specific reasons for non- conformance to the Construction Documents and what steps, in the opinion of the Council, must be taken by Farmington to make the Council Project conform to the Construction Documents. As between the Council and Farmington, the final decision on conformance ofthe Council Project to the Construction Documents will be made by the Council. Evidence of acceptance of the Council Project will be in writing by letter from the General Manager of the Council's Environmental Services Division. The Council will not unreasonably withhold the determination that the construction of the Council Project conforms to the Construction Documents. IV. Not less than seven (7) business days prior to commencement of the Project by Farmington, Farmington will give written notice to the Council and Lakeville of its - 7 - MCES Contract No. DRAFT 5/16/07 intention to commence construction, said notice to be directed as follows: General Manager -Environmental Services Metropolitan Council 390 North Robert Street St. Paul, MN 55101 City Engineer City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 V. Farmington will submit any amendments to or material changes in the accepted Construction Documents Council Project, including the construction schedule, to the Council for review and acceptance, which acceptance will not be unreasonably withheld. Such amendments to the accepted final Construction Documents and/or changes in the construction schedule must be submitted to the Council's project manager at least seven business (7) days prior to the implementation of such change. Farmington agrees that it will not proceed with amendment to or changes in the accepted final Construction Documents or construction schedule of the Council Project until the Council has consented to such change in accordance with its procedures and has approved such change in writing as evidenced by letter from the Council's authorized representative. VI. The Council and Lakeville shall each reimburse Farmington its respective percentage share for design and construction of the Council Project as provided in this Section. The respective share for reimbursement by the Council is 33.33% as shown in Exhibit E and for reimbursement by Lakeville is 25.87%, as shown in Exhibit E. Farmington's respective percentage share of the design and construction costs of the Council Project is 40.80%, also shown on Exhibit E. - 8 - MCES Contract No. DRAFT 5/16/07 The Council and Lakeville shall each reimburse Farmington for its respective share for the design and construction of the Council Project in the amount ofthe actual bid items, adjusted by any change orders in the final Council Project construction cost ("Final Construction Cost") plus an engineering fee (Engineering/Administrative Fee"). Attached hereto and made a part hereof as Exhibit D is the estimated construction cost for the Council Project. A Cost Sharing Breakdown Estimate of the Council Project is attached hereto and made a part hereof as Exhibit E. The unit prices set forth in the contract with the successful bidder and the final quantities as measured by Farmington Project Engineer and its staff shall govern in computing the total final contract construction cost apportioning the cost of said Council Project. All direct payments to the contractor for work performed on said Council Project will be made by Farmington. VII. The Council and Lakeville will reimburse Farmington in the amount provided in this Section VI ofthis Agreement not more frequently than monthly based on invoices submitted by Farmington based on the progress of the Council Project and approval of the invoices by the Council in accordance with the terms of this Agreement. At the completion of the Council project, Farmington shall submit to the Council and Lakeville the Farmington Project Engineer's final estimate ("Final Estimate") for the Council Project and an invoice showing the Council's and Lakeville's final share in the costs for the Council Project, and evidence of payment by Farmington to its contractor for the Council Project. The Council and Lakeville shall have forty-five calendar (45) days from the receipt of said invoice to review and contest the amount due. The amount due shall be - 9 - MCES Contract No. DRAFT 5/16/07 final, binding and conclusive upon expiration of the aforesaid forty-five day examination period unless the Council and/or Lakeville has contested the amount pursuant to this Section V of this Agreement. In the event the Farmington engineer or his staff determines the need to amend the contract with a supplemental agreement or change order in accordance with Section V of this Agreement which results in an increase in the contract amount, the Council and Lakeville hereby agree to remit the Council's and Lakeville's share as documented in the supplemental agreement or change order upon completion of construction of the Council Project, acceptance of the Council Project by the Council in accordance with the terms of this Agreement and submittal to the Council and Lakeville of Farmington Project Engineer's Final Estimate for the Council Project showing the Council's and Lakeville's final share in the supplemental agreement or change order. VIII. 1. For purposes of construction of the Council Project, Farmington may enter upon the property or property interests owned by the Council in conjunction with construction of the Council Project. 2. Farmington shall obtain, in accordance with the applicable provisions of the federal and State of Minnesota Uniform Real Property Acquisition and Relocation Act, all property rights, interests and easements, temporary and permanent, for the Council Project and, except as provided below in this Section, applicable permits necessary for the Council Project. To the greatest extent possible Farmington shall locate and obtain property rights, permanent and temporary easements adjacent to city/county right-of-way. The City of Farmington or its agents shall provide the appraisal and negotiating services - 10- MCES Contract No. DRAFT 5/16/07 for acquisition of easements and property rights. Easement acquisition costs and services will be reimbursed by the Council and Lakeville in the amounts shown on Exhibit E. Upon completion of the construction ofthe Council Project, Farmington will transfer the property interests and permanent easements to Council in substantially the form attached hereto as Exhibit B. The property interests and permanent and temporary easements transferred to the Council shall be in recordable form.. 3. Farmington shall apply for and secure necessary regulatory permits and approvals for the Council Project, including the Minnesota Pollution Control Agency ("MPCA") sewer extension permit and environmental review approval. Council and Lakeville shall assist the Farmington in obtaining the MPCA sewer extension permit and environmental review approval. Farmington shall not award the construction contract(s) until all regulatory permits and approvals for the Council Project have been obtained by Farmington and copies provided by Farmington to Council and Lakeville. IX. The Farmington Project Engineer will prepare monthly progress reports as provided in the approved final Construction Documents for the Council Project and will furnish a copy to the Council's authorized representative. X. All records kept by the Council, Farmington and Lakeville with respect to the Farmington Project and the Council Project shall be subject to examination by the representative of each party hereto. Upon completion of the construction of the Council Project by Farmington and Lakeville and acceptance of the Council Project by the Council - 11 - MCES Contract No. DRAFT 5/16/07 as provided in this Agreement, Farmington shall provide to the Council and Lakeville a complete set of reproducible record drawings. All data collected, created, received, maintained or disseminated for any purpose by the activities of Farmington and Lakeville and the Council pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereinafter adopted. XI. Upon completion of the construction of the Farmington Project and acceptance of the Council Project by the Council pursuant to this Agreement, the Project and all associated warranties and guarantees provided by the construction contractors and subcontractors associated with the Council Project shall become the property of the Council. All operation, maintenance, restoration, repair or replacement required for the Council Project thereafter shall be performed by the Council. XII. All employees of Farmington and Lakeville and all other persons engaged by Farmington and Lakeville in the performance of any work or services required or provided for herein to be performed by Farmington and/or Lakeville shall not be considered employees of the Council, and any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. - 12 - MCES Contract No. DRAFT 5/16/07 All employees of the Council and all persons engaged by the Council in the performance of any work or services required or provided for herein to be performed by the Council and/or Lakeville shall not be considered employees of Lakeville or Farmington, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of Farmington or Lakeville. XIII. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. Farmington, Lakeville and the Council's liability is governed by the provisions of Minnesota Statutes Chapter 466. Farmington, Lakeville and the Council each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance of self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes Chapter 466. Farmington further agrees that any contracts let by Farmington and/or Lakeville for the performance of the Council Project as provided herein shall include clauses that will: I) require the contractor to defend, indemnify, and save harmless the Council, its officers, agents and employees and Lakeville and its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses, including, without - 13 - MCES Contract No. DRAFT 5/16/07 limitation, reasonable attorney fees, witness fees, and disbursements incurred in defense thereof arising out of or by reason of the negligence of said contractor, its officers, employees, agents or subcontractors; 2) require the contractor to provide and maintain insurance as required in the contract documents between Farmington and its contractor and to provide the Council and Lakeville, also as required in the contract documents between Farmington and its contractor, with Certificates of Insurance naming the Council and Lakeville as additional insureds; and 3) require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. XIV. It is understood and agreed that the entire Agreement between parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. The Background Recitals and all items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XV. Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, Farmington agree to comply with all federal, state and local applicable laws and ordinances relating to nondiscrimination, affirmative action, public - 14 - MCES Contract No. DRAFT 5/16/07 purchases, contracting employment, including worker's compensation and surety deposits required for construction contracts. XVI. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. XVII. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. XVIII. This Agreement is entered into in and under the laws ofthe State of Minnesota and shall be interpreted in accordance therewith. XIX. Any notice of demand, which mayor must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall - 15 - MCES Contract No. DRAFT 5/16/07 be sent certified mail or delivered in person to the other party addressed as follows: METROPOLITAN COUNCIL ENVIRONMENT SERVICES Attn: General Manager 390 North Robert Street St. Paul, MN 55101 CITY OF FARMINGTON Attn: City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 CITY OF LAKEVILLE Attn: City Administrator City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 xx. Council and Lakeville agree that at some time in the future when Lakeville is constructing its local sewer system, Council and Lakeville will enter into a supplementary agreement setting forth the terms and conditions for construction by Lakeville as agent for the Council of a wastewater meter structure upstream of the Council Project. - 16 - MCES Contract No. DRAFT 5/16/07 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF FARMINGTON Approved as to Form: By Its Mayor Legal Counsel By By Its City Clerk Its City Engineer CITY OF LAKEVILLE Approved as to Form: By Its Mayor Legal Counsel By By Its City Clerk Its City Engineer METROPOLITAN COUNCIL Approved as to Form: By Its Regional Administrator Office of General Counsel - 17 - MCES Contract No. EXHIBIT A -Location of Farmington Project EXHIBIT B - Easement Form EXHIBIT C - Detailed Plan Sheets EXHIBIT D - Estimated Cost of Council Project EXHIBIT E - Cost Sharing Breakdown Estimate DRAFT 5/16/07 MCES Contract No. EXHIBIT A Location of Farmington Project Flagstaff Avenue Interceptor DRAFT 5/16/07 () (j . PROPOSED TRUNK SEWER ALIGNMENT FIGURE 3 ~ Bonestroo Rosene G Anderlik & 11J 1 Associates Engineers & Architects CI1Y OF FARMINGTON FLAGSTAFF AVENUE IMPROVEMENTS o 800 w.' JANUARY 2007 K:\ 141 \ 14104224\ Cad\Dwg\EAW FIGURES\EAW FIGURES.dwg I I Scale in feet 2005 AERIAL PHOTO MCES Contract No. EXHIBIT B Easement Form Flagstaff Avenue Interceptor DRAFT 5/16/07 EASEMENT THIS INSTRUMENT is made this _ day of , 200_, by and between , a , of the State of , Grantor, and the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, grantee; WITNESSETH, that Grantor, the owner of the property described in Exhibit A, in consideration of One Dollar and other good and valuable consideration to them in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee, its successors and assigns, the following described easement[s] for sanitary sewer purposes which easement[s] are located on the property described in Exhibit A: Permanent Easement See Exhibit A attached hereto and incorporated herein for legal description of permanent sanitary sewer easement. Temporary Easement See Exhibit A attached hereto and incorporated herein for legal description of temporary sanitary sewer easement. Said temporary easement expires on The above-described easement[ s] include [ s] the right of Grantee, its employees, agents and contractors to do whatever is necessary for enjoyment of the rights granted herein including the right to enter and grade and excavate the easement area[ s] for purposes of constructing, operating, maintaining, altering, repairing, replacing and/or removing said sanitary sewers. The temporary easement, until such temporary easement expires, and the permanent easement further includes the following rights: (a) the right to cut, trim, or remove from the easement area[s] trees, shrubs, undergrowth or other vegetation as in the Grantee's judgment unreasonably interfere with the use of the easement[ s] herein by Grantee, its successors and assigns, provided that Grantee shall take all reasonable precautions to prevent any damage to the property subject to this [these] easement[s]; and (b) the permanent right of access over and across the Grantor's property described in Exhibit A to the permanent easement area. MCES Contract No. DRAFT 5/16/07 Subsequent to the date of the easement[ s] as written above, and, with respect to the temporary easement until such temporary easement has expired, Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction, perpendicular utility crossing, or structure of any kind, either above or below the surface of the easement area[ s] or plant any trees, or stockpile construction debris or construction equipment, or change the grade thereof of the easement area[ s] without the express written permission of the Grantee. Subsequent to initial construction, and provided that the grade is not changed, and that reasonable access for sanitary sewer, maintenance and repair is maintained, the following improvements by Grantor, its heirs, successors and assigns do not require Grantee's written approval: fences, parking lots, perpendicular street and driveway crossings, landscaping, bushes, and shrubs. However, Grantee will not be responsible for and will not pay for the loss of or any damage to or replace or restore the following items within the easement area[s]: shrubs, bushes, or landscaping, except grass and sod. Unless otherwise agreed to in writing by Grantor, Grantee will make reasonable efforts to restore the easement area[s] including soil compaction to 95% of standard proctor density, matching the original surface grade as far as practicable, and restoration of the surface to like condition, either grass seeding or sodding, either paved or gravel surface restoration. Further, Grantee will restore any fencing that Grantee has removed or damaged in connection with Grantee's use of the easement area[s]. Grantor covenants that it is the lawful owner and is in lawful possession of the above described real estate and has lawful right and authority to convey and grant the easement[s] described herein. The provisions and conditions of this Easement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns, and shall constitute a covenant running with the land. GRANTOR: MCES Contract No. DRAFT 5/16/07 COUNTY OF ) )ss. ) STATE OF On the _ day of ,2007, before me a notary public within and for said County, personally appeared Named in the foregoing instrument, and acknowledged that said instrument was signed on behalf of said , a corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public GRANTEE: METROPOLITAN COUNCIL By: Its: COUNTY OF ) )ss. ) STATE OF On the _ day of , 2007, before me a notary public within and for said County, personally appeared , named in the foregoing instrument, and acknowledged that said instrument was signed on behalf of said , a public corporation and political subdivision of the State of Minnesota by authority of its Board and acknowledged said instrument to be the free act and deed of said corporation. Notary Public DRAFTED BY: Jeanne K. Matross License No. 68615 Office of General Counsel Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 651-602-1108 11 MCES Contract No. DRAFT 5/16/07 EXHIBIT C Detailed Plan Sheets Flagstaff Avenue Interceptor Detailed Plan Sheets are on file in the City Hall, City of Farmington, 325 Oak Street Farmington MN 55024 and City Hall, City of Lakeville, 20195 Holyoke Ave, Lakeville MN 55044 and Metropolitan Council Environmental Services Division, 390 North Robert Street, St. Paul, MN 55101. MCES Contract No. EXHIBIT D Estimated Cost of Council Project Flagstaff Avenue Interceptor DRAFT 5/16/07 SANITARY SEWER - LAKEVILLE ALTERNATIVE MOBILIZATION LS 1 $ 200,000.00 $ 200,000.00 TRAFFIC CONTROL LS 1 $ 12,500.00 $ 12,500.00 DEWATERING LS 1 $ 350,000.00 $ 350,000.00 TEMPORARY ACCESS ROAD LS 1 $ 250,000.00 $ 250,000.00 CONSTRUCT MANHOLE OVER EXISTING PIPE EA 1 $ 15,000.00 $ 15,000.00 27" PVC SANITARY SEWER, SDR 26,24'-26' DEEP LF 270 $ 149.00 $ 40,230.00 27" PVC SANITARY SEWER, SDR 26, 26'-28' DEEP LF 160 $ 157.00 $ 25,120.00 27" PVC SANITARY SEWER, SDR 26, 28'-30' DEEP LF 240 $ 166.00 $ 39,840.00 27" PVC SANITARY SEWER, SDR 26,30'-32' DEEP LF 230 $ 175.00 $ 40,250.00 27" PVC SANITARY SEWER, SDR 26,32'-34' DEEP LF 450 $ 185.00 $ 83,250.00 27" PVC SANITARY SEWER, SDR 26,34'-36' DEEP LF 810 $ 195.00 $ 157,950.00 27" PVC SANITARY SEWER, SDR 26,36'-38' DEEP LF 520 $ 206.00 $ 107,120.00 27" PVC SANITARY SEWER, SDR 26, 38'-40' DEEP LF 760 $ 220.00 $ 167,200.00 27" PVC SANITARY SEWER, SDR 26, 40'-42' DEEP LF 875 $ 235.00 $ 205,625.00 27" PVC SANITARY SEWER, SDR 26, 42'-44' DEEP LF 450 $ 248.00 $ 111,600.00 27" PVC SANITARY SEWER, SDR 26, 44'-46' DEEP LF 590 $ 262.00 $ 154,580.00 27" PVC SANITARY SEWER, SDR 26, 46'-48' DEEP LF 170 $ 275.00 $ 46,750.00 27" PVC SANITARY SEWER, SDR 26, 48'-50' DEEP LF 110 $ 290.00 $ 31,900.00 30" PVC SANITARY SEWER, SDR 26,16'-18' DEEP LF 100 $ 135.00 $ 13,500.00 30" PVC SANITARY SEWER, SDR 26,18'-20' DEEP LF 1500 $ 140.00 $ 210,000.00 30" PVC SANITARY SEWER, SDR 26,20'-22' DEEP LF 1000 $ 145.00 $ 145,000.00 30" PVC SANITARY SEWER, SDR 26,22'-24' DEEP LF 470 $ 150.00 $ 70,500.00 30" PVC SANITARY SEWER, SDR 26, 24'-26' DEEP LF 120 $ 160.00 $ 19,200.00 30" PVC SANITARY SEWER, SDR 26, 26'-28' DEEP LF 90 $ 170.00 $ 15,300.00 30" PVC SANITARY SEWER, SDR 26,28'-30' DEEP LF 150 $ 180.00 $ 27,000.00 30" PVC SANITARY SEWER, SDR 26, 30'-32' DEEP LF 630 $ 190.00 $ 119,700.00 30" SANITARY SEWER, JACKED LF 200 $ 500.00 $ 100,000.00 5' DIAMETER SANITARY MH, 8' DEEP EA 24 $ 2,800.00 $ 67,200.00 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 590 $ 120.00 $ 70,800.00 PARSHALL FLUME METERING STRUCTURE LS 1 $ 250,000.00 $ 250,000.00 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 13300 $ 2.50 $ 33,250.00 CLOSED CIRCUIT TV INSPECTION LF 9695 $ 1.00 $ 9,695.00 SUBTOTAL $ 3190060 10% Continaencv $ 319,006 27% Enn/Leaal/Admin $ 947,448 10% Inflation Adjustment $ 445,651 TOTAL $ 4902165 MCES Contract No. DRAFT 5/16/07 EXHIBIT E Cost Sharing Breakdown Estimate Flagstaff Avenue Interceptor Item Estimated Total Cost MCES Share Farmington Share Lakeville Share Estimated Construction Contingencies (10%) $ 388,300 Sub-Total $4,271,300 Engineering, Legal and Administrative Costs (27%)* $1,153,251 General Contingency $ 194,150 Sub-Total 5,618,701 $1,872,713 $2,292,430 $1,453,558 Percentage Shares 33.33% 40.80% 25.87% Land Acquisition $ 190,650 $ 63,550 o $ 127,100 Metering Structure $ 60,000 $ 60,000 o o Total Estimated Costs $5,869,351 $1,989,263 $2,292,430 $1,580,658 *Includes construction inspection, construction contract administration, surveying, materials testing, and record documents. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /~ TO: Mayor, Councilmembers, City Administrator ?f4 FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2008 Fiscal Year Municipal Agreement Funding - TH 3 Roundabout DATE: May 21,2007 INTRODUCTION /DISCUSSION Staff has received information from Minnesota Department of Transportation that one of the cooperative agreement projects initially chosen for funding for the 2008 fiscal year will not be going forward. Since Farmington's project is the first alternate on the list, it is now MnDOT's intent to fund Farmington's roundabout project (See attached letter). BUDGET IMPACT The feasibility report for the project will be forwarded as soon as possible to the Council which will outline the financing for the project. ACTION REQUESTED Council direction to staff, by motion, to forward a letter to the Department of Transportation accepting the funding and project responsibilities as outlined in the attached letter for the TH 3 Roundabout Project. Respectfully Submitted, ~frt~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file ;Ii~ \I.I!J ~ OF 1W''' Minnesota Department of Transportation Metro District Office of State Aid 1500 West County Road 82 Rosevilfe, MN 55113-3174 Office Tel: 651-234-7780 Office Fax: 651-234-7765 May 16, 2007 Mr. Peter J. Herlofsky Jr. City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 RE: Request for FY 2008 Municipal Agreement Funding rn 3 at 195th Street In the City of Farmington Dear Mr. Herlofsky: I am writing to inform you that funding has become available for the referenced project from the Metro District Fiscal Year (FY) 2008 Municipal Agreement Program. At this point $450,000 is available and is tentatively assigned to your project. I will need a letter from the City confirming acceptance of the funds and the design, utility relocation and right of way responsibilities outlined below in order to formally assign the funds. There is a possibility of additional Ml..lnicipal Agreement Program funding becoming available in the near future and we will infol111 the Citfshould that occur. The Municipal Agreement Program funding cap of $594,000 would apply to the total funds available. Ifthis funding is accepted byyollfagency you will be expected t()provide project plans and specifications to my office that conform to a MnlDOT format. Theywill be reviewed and commented on by MnlDOT functional groups. Please contact the Metrofunctional groups directly for specific questions relating to their area and copy the State Aid Project Mana~eroncorrespondence. We will provide the Municipal Agreement Program process infol111ation upOlnequest. All Right-of-Way costs and acquisition, Utility Relocation Costs and Prelitniriary Engineering are the responsibility of the local agency. An agreement will be written by MnID()T's Office of Technical Support and must be fully executed prior to award of the project. To receive the funds, this project must be let by June 30, 2008. After that date the money becomes unavailable to our office. Municipal Agreement funds can only be used for construction items that can be justified in accordance with the MnlDOT Cost Participation Policy. If the cost of eligible items fall below this maximum amount the funds awarded will be reduced to match the cost of the eligible items. A copy of the Mn/DOT Cost Participation Policy can be viewed at http://www.dot.state.mn.us/stateaid/forms/dsI2 l.pdf An equal opportunity employer Mr. Peter J. Herlofsky Page 2 May 16, 2007 Mr. Greg Kern has been assigned as the State Aid Project Manager for this project. He can be reached at 651-234-7768 or Gregory.kem@dot.state.mn.us. If you have any questions please contact Greg or myself. cc: Mark Gieseke, MnlDOT-Metro State Aid * Lynn Clarkowski, MnlDOT-Area Manager * Ken Johnson, Mn/DOT Area Engineer * Lee Mann, Farmington City Engineer * Greg Kern, Mn/DOT -Metro State Aid * File * Electronic Copy //0.-, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /<) TO: Mayor, Councilmembers, City Administrator';';") v FROM: Jennifer Collova, Natural Resource Specialist~ SUBJECT: Boulevard Tree Policy DATE: May 21,2007 INTRODUCTION/DISCUSSION This memo identifies current policy and staff recommendations regarding the City's boulevard tree replacement policy. The City's current practice is to remove and replace trees within the boulevard. In 2006 there were 31 reported dead boulevard trees needing removal added to the list. City Code does not state that the City is responsible for the replanting of City boulevard trees. RECOMMENDATIONS Removal of existing boulevard trees that have died, or sustained severe damage, would continue to be the responsibility of the City. It is recommended that boulevard tree replacement would no longer be a City function. BUDGET IMPACT If the City no longer replaced boulevard trees, based on current budget practices there would be an annual cost savings of $18,000.00. ACTION REQUESTED Council consideration of the recommended boulevard tree replacement policy change. Upon favorable consideration this policy will be added to the City of Farmington Boulevard Tree Policy Manual. ~espectfu~~ SUblll"i~::J ~ it IQ G!J:;L- Jfr:rer~llova Natural Resource Specialist cc: file NATURAL RESOURCES POLICY - x.x BOULEVARD TREE REMOVAL AND REPLACEMENT The City of Farmington will remove existing boulevard trees that have died or sustained severe damage. The City will not replace boulevard trees that have been removed. I c::1cL 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com . Bonestroo May 16, 2007 Mr. Randy Distad City of Farmington 325 Oak Street Farmington, MN 55024 Re: Proposed Addition to Schmitz-Maki Arena Feasibility Study - Revised Proposal Dear Mr. Distad: As you requested in a conversation with Jim Maland of our office, we have updated our Feasibility Study proposal last presented to you in March of 2006. The proposal services and fees are similar to what was originally proposed, except that an inflation factor has been added. The work has been divided into phases so that the results of each phase can be reviewed, and if favorable, authorization can be given to move on to the next phase. Following is our revised proposal. Project Understanding The City of Farmington and the Farmington Youth Hockey Association are proposing to add a second indoor ice rink to the existing Schmitz-Maki Arena. The original arena includes a single regulation size (85' W x 200' L) ice rink, bleacher seating for 750 spectators plus standing room for an additional 150 spectators, and typical team rooms, offices, and support spaces. Although the program for the arena addition has not been fully developed, it is anticipated that the facility will include: o A single regulation size (85' W x 200' L) ice rink. o Bleacher seating for between 200 and 300 spectators. o Team rooms and player restrooms. o An ice resurfacer storage room with melting pit for ice shavings. o A refrigeration equipment room. The equipment is likely to be sized to handle the refrigeration requirements of both the new and the existing ice rinks. o Connecting rink and expanded lobby between the new and existing arenas. o Public restrooms. o Other miscellaneous mechanical and support spaces to be determined during discussions with the City and the user groups. o Paved, lighted parking lot. St. Paul 'it. Cloud Mr. Randy Distad City of Farmington Page 2 of5 May 16, 2007 The new facility construction will complement the appearance of the existing arena, and will utilize high quality, low maintenance equipment, materials and finishes to reduce future operating costs. The arena addition is proposed to be constructed on land owned by the City directly to the east of the existing arena. Although the property appears to be buildable, several factors must be studied to verify the feasibility of building on the site, including: 1, The Vermillion River runs through the wooded area along the north edge of the site The river is a DNR designated trout stream, and storm water runoff from the arena site must be adequately stored and treated prior to discharge into the river. The sizing and location for the treatment facilities must be determined. 2. The high-water flood level and setback requirements for the Vermillion River must be determined. Building construction is typically not allowed to occur within the flood plain limits, 3. A review of all applicable City and County codes and ordinances must be performed to verify the new addition complies with required parking counts, green-space requirements, property line setbacks, height restrictions, and other material and appearance standards. 4. An analysis of existing private and public utilities must be done to verify the availability of sewer, water, electrical, gas, telephone, and other services to the site. 5. The quality of the soils on the site is unknown. The soil quality and groundwater level can have a major impart on construction costs and on configuration of the addition. A geotechnical study utilizing soil borings and analysis by a qualified soils engineer will be required. 6. A preliminary condition analysis 'Jf the existing ice i ink fioor and refrigeration system must be performed. The existing systems are reaching the end of their expected lifespans, and replacement or renovation options could influence the new facility design configurations and cost. 7. A building program must be developed in order to determine the size of the addition and also to determine the size of a new parking lot that can handle the new addition needs as well as a shortage in parking for the existing facility, Mr. Randy Distad City of Farmington Page 3 of5 May 16, 2007 Scope of Services The City of Farmington has requested architectural and engineering services to provide a study of the feasibility of constructing an arena addition on the property to the east of the existing arena. Our proposed scope of services to produce the desired study is as follows: A. Phase 1 - Preliminary Site Analysis 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 and FYHA to present the findings of Phase 1, and to discuss approval to proceed with Phase 2, B. Phase 2 - Geotechnical Study Program Development (Phase 2 to be performed only if authorized by the City and FYHA, based on the results of Phase 1) o A geotechnical engineering firm will be retained to perform a minimum of six soil borings on the site. A report will be produced documenting the boring logs, groundwater levels, soil strength determination, and recommendations regarding building foundations and pavement sections. o Via teleconference, we will discuss the findings of Phase 2 with representatives of the City and FYHA, and discuss approval to proceed to Phase 3. o No on-site meetings are proposed for Phase 2. C. Phase 3 - Project Building and Site Pianning (Phase 3 to be performed only if authorized by the City and FYHA, based on the results of Phase 2) o Based on the results of Phases 1 and 2, we will determine the feasibility of constructing the arena addition on the proposed site. o An architect and arena specialist engineer will visit the facility, Accompanied by City staff, we will inspect the existing building, ice systems, and expansion site, document the existing conditions, and explore expansion opportunities. It is anticipated that the City will provide copies of all available construction plans for the existing facilities at this time. Mr. Randy Distad Page 4 of 5 City of Farmington May 16, 2007 o A meeting with City administrative staff will be conducted to determine design goals, and to discuss likely project schedules and budgets. o Meetings with City staff, hockey association members, and other major facility users will be held to develop a building program. The program is a listing of the rooms, equipment, and major building components that will be incorporated into the final building design. In the first meeting, we will discuss all of the possible spaces that could be incorporated into a community area, and then allow all meeting participants to rate the desirability for each space using a numerical matrix evaluation form. We will review and tabulate the evaluation forms and produce a recommended building program that includes the highest rated options, while also conforming to the City's budget and design goals. In a second meeting, we will present the recommended building program to the City and the user groups, and will fine tune the program as needed to produce a product acceptable to all parties. o A 22" X 34" colored drawing will be produced showing a recommended layout configuration for the building addition, parking lot, stormwater treatment system, and other site features, o A preliminary cost estimate for the proposed building addition and site work will be developed. Since final detailing of the building will not yet be completed, the cost estimate will be on a square foot basis, as compared to similar facilities constructed recently in the region. o A meeting will be held to present the results of the building and site planning process to the City and user groups. Fee Proposal We propose that the feasibility study be completed on a phased basis, at the following fees for each phase: A. Phase 1 - Preliminary Site Analysis Lump sum fee of $3,700,00, plus reimbursable expenses estimated to not exceed $270,00. B. Phase 2 - Geotechnical Study Program Development Lump sum fee of $6,400.00, plus reimbursable expenses estimated to not exceed $110.00, C. Phase 3 - Project Building and Site Planning Lump sum fee of $12,500.00, plus reimbursable expenses estimated to not exceed $370,00. \ Mr. Randy Distad City of Farmington Page 50f5 May 16,2007 A total of seven on-site visits and meetings are included in the three phases above. Additional on- site meetings requested by the City would be attended on an hourly basis, plus reimbursable expenses. The City will have the right to terminate the study at the end of either Phase 1 or Phase 2 if the outcomes of those phases are unfavorable. The reimbursable expenses on this project include travel, mileage, printing costs, postage, and supplies. If you have any questions regarding this proposal, please feel welcome to call us at 651-636-4600. Sincerely, ~Pf~ Bruce P. Paulson, A.IA 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 Vendor COUNCIL MEETING ON MAY 21, 2007 AFFINITY PLUS FEDERAL CREDIT U AGGREGATE INDUSTRIES INC AIR WAY INC ALLEGRA PRINT & IMAGING ANCOM COMMUNICATIONS INC ANDERSEN INC, EARLF APPLE VALLEY FORD APPLE VALLEY, CITY OF BACHMAN'S INC BAMMERT-MUELLER, JODI OR RANDY BAUER BUILT INC BELLBOY CORPORATION Business Unit EMPLOYEE EXPENSE FUND STREET MAINTENANCE GENERAL FUND BALANCE SHEET FIRE SERVICES SEWER OPERATIONS EXPENSE SOLID WASTE OPERATIONS STORM WATER UTILITY OPERATIONS WATER UTILITY EXPENSE CAPITAL ACQUISITION STREET MAINTENANCE EVERGREEN KNOLL PARK SOLID WASTE OPERATIONS CABLE/COMMUNICATIONS PROJECTS EVERGREEN KNOLL PARK SEWER OPERATIONS SOLID WASTE OPERATIONS PILOT KNOB LIQUOR CITY OF FARMINGTON Council Check Summary 05/07/2007 - OS/20/2007 Object CREDIT UNION PAYABLE STREET MATERIALS MN SALES TAX DUE BUILDING REPAIR SERVICE PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES MACHINERY & EQUIPMENT SIGNS & STRIPPING MATERIALS OTHER CONSTRUCTION COSTS VEHICLE SUPPLIES & PARTS PROFESSIONAL SERVICES OTHER CONSTRUCTION COSTS ACCOUNTS RECEIVABLE UTILITIES VEHICLE SUPPLIES & PARTS COST OF GOODS SOLD 05/17/200710:58:20 Page - Amount 2,230.00 2.230.00 170.01 170.01 17.88- 292.88 275.00 16.80 16.80 16.80 16.80 67.20 22.680.24 22.680.24 82.54 2,015.69 2,098.23 30.24 30.24 9,482.25 9,482.25 1,673.54 1,673.54 58.72 58.72 16.10 16.10 557.56 557.56 ()l R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 2 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount BOLLESEN, KIM RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 69.51 69.51 BRAUN TURF FARMS PARK MAINTENANCE LANDSCAPING MATERIALS 745.24 745.24 BUGBEE, RICK SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 15.00 15.00 CAHLANDER, DANIELLE ADMINISTRATION MILEAGE REIMBURSEMENT 43.47 43.47 CANNON RIVER WINERY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,136.00 2,136.00 CARD MEMBER SERVICES ADMINISTRATION OFFICE SUPPLIES 68.10 PLANNING & ZONING TRAINING & SUBSISTANCE 35.00 POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 85.74 PATROL SERVICES EQUIP SUPPLIES & PARTS 94.00 PATROL SERVICES TRAINING & SUBSISTANCE 390.00 INVESTIGATION SERVICES EQUIP SUPPLIES & PARTS 58.59 INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 29.05 INVESTIGATION SERVICES UNIFORMS & CLOTHING 54.00 PARK MAINTENANCE OTHER SUPPLIES & PARTS 55.20 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 589.73 FARMINGTON PRESERVE OTHER SUPPLIES & PARTS 138.66 SENIOR CENTER PROGRAMS OFFICE SUPPLIES 22.34 SENIOR CENTER PROGRAMS EQUIP SUPPLIES & PARTS 53.24 SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 363.61 SWIMMING POOL OPERATIONS TRAINING & SUBSISTANCE 50.00 ICE ARENA OPERATIONS EXPENSE TRAINING & SUBSISTANCE 324.00 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 43.91 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 31.87 PILOT KNOB LIQUOR EQUIPMENT REPAIR SERVICE 53.24 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 269.86 NPDES Phase II PROGRAMMING EXPENSE 187.54 EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 100.38 INFORMATION TECHNOLOGY OFFICE SUPPLIES 459.48 3,557.54 CARQUEST PATROL SERVICES VEHICLE SUPPLIES & PARTS 51.99 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/200710:58:20 Council Check Summary Page - 3 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount PATROL SERVICES VEHICLE REPAIR SERVICE 641.59 FIRE SERVICES EQUIP SUPPLIES & PARTS 84.99 FIRE SERVICES VEHICLE SUPPLIES & PARTS 34.48 FIRE SERVICES VEHICLE REPAIR SERVICE 158.38 STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 62.31 SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 146.54 PARK MAINTENANCE VEHICLE SUPPLIES & PARTS 23.90 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 279.25 WATER UTILITY EXPENSE VEHICLE SUPPLIES & PARTS 24.84 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 489.01 1,997.28 CERTIFIED APPLIANCE RECYCLING SOLID WASTE OPERATIONS CONTRACTUAL SERVICES 31,568.70 31,568.70 CINTAS - 754 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 20.54 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 25.69 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 25.69 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 5.14 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 25.69 102.75 CLAREYS SAFETY EQUIPMENT INC FIRE SERVICES EQUIPMENT REPAIR SERVICE 81.75 81.75 CORNERSTONE ENERGY INC POLICE ADMINISTRATION NATURAL GAS 1,192.83 FIRE SERVICES NATURAL GAS 1.711.31 BUILDING MAl NT SERVICES NATURAL GAS 2,206.97 SENIOR CENTER PROGRAMS NATURAL GAS 224.47 ICE ARENA OPERATIONS EXPENSE NATURAL GAS 928.66 DOWNTOWN LIQUOR REV & EXP NATURAL GAS 89.18 SEWER OPERATIONS EXPENSE NATURAL GAS 787.69 SOLID WASTE OPERATIONS NATURAL GAS 787.69 STORM WATER UTILITY OPERATIONS NATURAL GAS 157.52 WATER UTILITY EXPENSE NATURAL GAS 948.15 9,034.47 CRAWFORD DOOR SALES OF PARK MAINTENANCE OTHER SUPPLIES & PARTS 225.00 225.00 CROWN RENTAL NPDES Phase II PROGRAMMING EXPENSE 917.46 917.46 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 4 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount CULLIGAN ULTRAPURE INDUSTRIES BUILDING MAINT SERVICES PROFESSIONAL SERVICES 20.00 DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 26.60 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 31.60 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 25.00 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 25.00 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 5.00 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 25.00 158.20 D R HORTON ESCROW FUND DEPOSITS PAYABLE 2.000.00 2.000.00 DAKOTA COUNTY TECHNICAL COLLEG PATROL SERVICES TRAINING & SUBSISTANCE 420.00 420.00 DAKOTA COUNTY TREASURER SNOW REMOVAL SERVICES STREET MATERIALS 5,400.00 SIGNAL MAINTENANCE ELECTRIC 85.51 5,485.51 DAKOTA COUNTY TREASURER/AUDITO DOWNTOWN LIQUOR REV & EXP TRAINING & SUBSISTANCE 150.00 PILOT KNOB LIQUOR TRAINING & SUBSISTANCE 150.00 300.00 DAKOTA ELECTRIC ASSOCIATION DAISY KNOLL PARK OTHER CONSTRUCTION COSTS 2,215.00 2,215.00 DAKOTA FENCE OF MN INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 396.69 396.69 DAKOTA WILD ANIMALS LLC SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 160.00 160.00 DARGIS, LISA EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 1,918.78 1,918.78 DELEGARD TOOL CO FLEET OPERATIONS OTHER SUPPLIES & PARTS 57.46 57.46 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 22,713.18 22,713.18 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/200710:58:20 Council Check Summary Page- 5 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount DIRKS, BREANNA EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 855.00 855.00 DISCOUNT STEEL INC EVERGREEN KNOLL PARK OTHER CONSTRUCTION COSTS 596.40 596.40 DIVERSIFIED CRYOGENICS PATROL SERVICES VEHICLE REPAIR SERVICE 234.81 234.81 DPMS INC PATROL SERVICES OTHER SUPPLIES & PARTS 329.12 329.12 EAGAN, CITY OF RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 359.79 359.79 ECM PUBLISHERS INC SOLID WASTE OPERATIONS ADVERTISING 268.13 WATER UTILITY EXPENSE ADVERTISING 123.75 391.88 ECONO FOODS HUMAN RESOURCES OTHER 200.00 POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 63.25 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 19.10 SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 6.67 SOLID WASTE OPERATIONS PROGRAMMING EXPENSE 17.65 306.67 EHLERS & ASSOCIATES INC GENERAL ACCOUNTING PROFESSIONAL SERVICES 180.00 180.00 ELK RIVER FORD INC CAPITAL ACQUISITION VEHICLES 46.292.00 46,292.00 ENVIRONMENTAL ENHANCEMENTS LLC PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 406.90 406.90 FANNIE MAE SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 46.30 46.30 FARGO NORTHERN LLC WATER UTILITY EXPENSE LAND 100,400.00 100.400.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/2007'10:58:20 Council Check Summary Page - 6 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 49.00 49.00 FARMINGTON PRINTING INC ADMINISTRATION OFFICE SUPPLIES 287.55 ELM ST RECONSTRUCTION OUTSIDE PRINTING 2,017.11 DOWNTOWN LIQUOR REV & EXP ADVERTISING 95.85 PILOT KNOB LIQUOR ADVERTISING 95.85 WATER UTILITY EXPENSE OUTSIDE PRINTING 1,259.03 3,755.39 FARMINGTON, CITY OF RAMBLING RIVER CENTER OTHER 200.00 200.00 FEELY ELEVATOR PARK MAINTENANCE CHEMICALS 750.40 750.40 FINKE, ROBERT RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 176.00 176.00 FIRE SAFETY USA INC FIRE SERVICES EQUIP SUPPLIES & PARTS 508.22 FIRE SERVICES UNIFORMS & CLOTHING 75.00 583.22 FIRST AMERICAN TITLE SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 32.19 32.19 FRONTIER COMMUNICATIONS COMMUNICATIONS TELEPHONE 2,449.47 POLICE ADMINISTRATION TELEPHONE 1,874.59 ICE ARENA OPERATIONS EXPENSE TELEPHONE 50.66 DOWNTOWN LIQUOR REV & EXP TELEPHONE 250.82 PILOT KNOB LIQUOR TELEPHONE 250.81 SEWER OPERATIONS EXPENSE TELEPHONE 506.65 SOLID WASTE OPERATIONS TELEPHONE 50.67 WATER UTILITY EXPENSE TELEPHONE 151.99 5,585.66 FRONTIER COMMUNICATIONS OF AME DOWNTOWN LIQUOR REV & EXP TELEPHONE 6.77 6.77 GERSTER JEWELERS HUMAN RESOURCES OTHER 309.80 309.80 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 7 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount GILES PROPERTIES INC ESCROW FUND DEPOSITS PAYABLE 1,922.00 1,922.00 GODFREY'S CUSTOM SIGNS SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 159.75 159.75 GRAFIX SHOPPE CAPITAL ACQUISITION VEHICLES 381.00 381.00 GRAINGER INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 98.15 98.15 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 14,868.56 PILOT KNOB LIQUOR COST OF GOODS SOLD 7,163.63 22,032.19 H&L MESABI SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 2,523.08 2,523.08 HAWKINS INC WATER UTILITY EXPENSE CHEMICALS 12,039.62 12,039.62 HAYES,DON PARK MAINTENANCE OTHER SUPPLIES & PARTS 246.38 246.38 HEALTH COUNSELING SERVICES RESCUE SQUAD SERVICES TRAINING & SUBSISTANCE 300.00 300.00 HEDLUND IRRIGATION & LANDSCAPI WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 107.57 107.57 HELM ELECTRIC INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 1,185.00 1,185.00 HOLTZ INDUSTRIES INC SEWER OPERATIONS MN SALES TAX DUE 44.24- SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 724.92 680.68 HOME DEPOT PARK MAINTENANCE OTHER SUPPLIES & PARTS 138.31 138.31 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/200710:58:20 Council Check Summary Page - 8 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount HOMECOMING FINANCIAL SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 568.86 568.86 HOMECOMING FINANCIAL LLC SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 158.01 158.01 HORIZON COMMERCIAL POOL SUPPLY SWIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 20.35 20.35 HUGHES, RUSSELL RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 HYDRO METERING TECHNOLOGY WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 1,201.32 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 157.62 1,358.94 ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,376.00 5,376.00 IMAGES ON METAL INC RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 235.20 235.20 INDEPENDENT BLACK DIRT CO INC PARK MAINTENANCE LANDSCAPING MATERIALS 73.48 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 24.50 97.98 INSIGHT PUBLIC SECTOR INFORMATION TECHNOLOGY MACHINERY & EQUIPMENT 15.020.76 15,020.76 INTERNATIONAL CITY/COUNTY HRNECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 10,712.00 10,712.00 INTERSTATE BATTERY TWIN CITIES PARK MAINTENANCE VEHICLE SUPPLIES & PARTS 63.85 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 62.67- 1.18 JIRIK SOD FARMS INC SNOW REMOVAL SERVICES OTHER REPAIR 1,142.40 1,142.40 JOHNSON BROTHERS LIQUOR COM PAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,474.63 PILOT KNOB LIQUOR COST OF GOODS SOLD 7,583.02 12,057.65 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 9 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount KAGAN, MISTY SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 31.79 31.79 KELLY ELECTRIC INC SWIMMING POOL OPERATIONS BUILDING REPAIR SERVICE 90.00 90.00 KLOTTER, ANDREW SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 64.57 64.57 KOHLBECK, MISSIE SENIOR CENTER PROGRAMS TRAINING & SUBSISTANCE 45.00 SENIOR CENTER PROGRAMS MILEAGE REIMBURSEMENT 5.82 SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 16.95 67.77 KORBA, JERRY RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 352.00 352.00 KWlK TRIP HUMAN RESOURCES OTHER 200.00 200.00 LAKEVILLE, CITY OF PATROL SERVICES CONTRACTUAL SERVICES 531.12 FIRE SERVICES CONTRACTUAL SERVICES 265.57 796.69 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 316.00 316.00 LEAGUE OF MN CITIES INSURANCE EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 9,260.00 9,260.00 LEXISNEXIS INVESTIGATION SERVICES PROFESSIONAL SERVICES 150.00 150.00 LINDQUIST, BRIAN PATROL SERVICES OFFICE SUPPLIES 105.81 105.81 LONE OAK COMPANIES INC SEWER OPERATIONS EXPENSE POSTAGE 150.00 SEWER OPERATIONS EXPENSE OUTSIDE PRINTING 47.13 SOLID WASTE OPERATIONS POSTAGE 150.00 SOLID WASTE OPERATIONS OUTSIDE PRINTING 47.13 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 10 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount STORM WATER UTILITY OPERATIONS POSTAGE 150.00 STORM WATER UTILITY OPERATIONS OUTSIDE PRINTING 47.13 WATER UTILITY EXPENSE POSTAGE 150.00 WATER UTILITY EXPENSE OUTSIDE PRINTING 47.13 788.52 LYNDE COMPANY LLC, THE WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 131.57 131.57 M. AMUNDSON LLP PILOT KNOB LIQUOR COST OF GOODS SOLD 874.34 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 106.60 980.94 MACQUEEN EQUIPMENT SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 987.34 STORM WATER UTILITY OPERATIONS VEHICLE SUPPLIES & PARTS 381.17 1.368.51 MATTAMY HOMES ESCROW FUND DEPOSITS PAYABLE 2.000.00 2,000.00 MAXIMUM VOLTAGE SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 8.52 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 8.51 17.03 MEISTER, WILLIAM SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 50.45 50.45 METRO ALARM DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 255.44 PILOT KNOB LIQUOR PROFESSIONAL SERVICES 191.54 446.98 METROCALL INC SEWER OPERATIONS EXPENSE CELLULAR PHONES 1.89 WATER UTILITY EXPENSE CELLULAR PHONES 1.88 3.77 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 24,873.75 24.873.75 MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 761.84 761.84 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/200710:58:20 Council Check Summary Page - 11 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108.34 108.34 MINNESOTA PIPE AND EQUIPMENT PARK MAINTENANCE OTHER SUPPLIES & PARTS 24.57 24.57 MINNESOTA RECREATION & PARKAS PARK MAINTENANCE TRAINING & SUBSISTANCE 100.00 100.00 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 2,381.31 2.381.31 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1.341.00 1,341.00 MN DEPARTMENT OF HEALTH WATER UTILITY EXPENSE TRAINING & SUBSISTANCE 64.00 64.00 MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 279.02 279.02 MN FIRE SERVICE CERTIFICATION FIRE SERVICES SUBSCRIPTIONS & DUES 45.00 45.00 MN OFFICE OF ENTERPRISE TECHNO PATROL SERVICES TELEPHONE 74.00 74.00 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175.00 175.00 MUNICIPAL CLERKS AND FINANCE 0 ADMINISTRATION SUBSCRIPTIONS & DUES 40.00 40.00 NATIONAL CAMERA & VIDEO FIRE SERVICES EQUIP SUPPLIES & PARTS 2,297.55 2,297.55 NELCOM CORP EMERGENCY MGMT SERVICES EQUIPMENT REPAIR SERVICE 2,483.73 2,483.73 NEXTEL COMMUNICATIONS ADMINISTRATION CELLULAR PHONES 76.58 HUMAN RESOURCES CELLULAR PHONES 54.65 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 12 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount BUILDING INSPECTIONS CELLULAR PHONES 174.14 COMMUNITY DEVELOPMENT CELLULAR PHONES 38.28 PATROL SERVICES CELLULAR PHONES 771.80 FIRE SERVICES CELLULAR PHONES 240.05 ENGINEERING SERVICES CELLULAR PHONES 238.21 PARK MAINTENANCE CELLULAR PHONES 188.97 BUILDING MAINT SERVICES CELLULAR PHONES 92.67 RECREATION PROGRAM SERVICES CELLULAR PHONES 179.60 SENIOR CENTER PROGRAMS CELLULAR PHONES 20.54 SEWER OPERATIONS EXPENSE CELLULAR PHONES 136.29 SOLID WASTE OPERATIONS CELLULAR PHONES 240.48 WATER UTILITY EXPENSE CELLULAR PHONES 136.30 FLEET OPERATIONS CELLULAR PHONES 54.39 2,642.95 NORTHERN SAFETY TECHNOLOGY CAPITAL ACQUISITION MACHINERY & EQUIPMENT 219.00 219.00 NORTH FIELD TRACTOR & EQUIPMENT PARK MAINTENANCE EQUIP SUPPLIES & PARTS 16.51 16.51 NORTHLAND BUSINESS SYSTEMS INC POLICE ADMINISTRATION EQUIP SUPPLIES & PARTS 75.67 75.67 NORTHLAND CHEMICAL CORP SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 140.36 140.36 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 1,395.60 1,395.60 ORKIN EXTERMINATING BUILDING MAINT SERVICES PROFESSIONAL SERVICES 92.92 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 21.80 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 21.80 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 4.36 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 21.80 162.68 PAULSEN, JEFFREY SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 125.00 125.00 PELLlCCI HARDWARE & RENTAL BUILDING INSPECTIONS EQUIP SUPPLIES & PARTS 43.82 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 13 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount PATROL SERVICES OTHER SUPPLIES & PARTS 22.08 FIRE SERVICES EQUIP SUPPLIES & PARTS 6.38 FIRE SERVICES VEHICLE SUPPLIES & PARTS 19.15 FIRE SERVICES BUILDING SUPPLIES & PARTS 27.23 STREET MAINTENANCE OTHER SUPPLIES & PARTS 2.01 STREET MAINTENANCE STREET MATERIALS 136.18 NATURAL RESOURCES OTHER SUPPLIES & PARTS 10.64 PARK MAINTENANCE OTHER SUPPLIES & PARTS 846.65 BUILDING MAINT SERVICES EQUIP SUPPLIES & PARTS 4.57 BUILDING MAl NT SERVICES BUILDING SUPPLIES & PARTS 2.01 BUILDING MAINT SERVICES EQUIPMENT REPAIR SERVICE 36.22 SENIOR CENTER PROGRAMS OTHER SUPPLIES & PARTS 1.91 SWIMMING POOL OPERATIONS EQUIP SUPPLIES & PARTS 59.07 SWIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 1,226.01 SWIMMING POOL OPERATIONS OTHER SUPPLIES & PARTS .84 ICE ARENA OPERATIONS EXPENSE BUILDING REPAIR SERVICE 5.30 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 18.22 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 14.90 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 249.60 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 79.02 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 147.65 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 34.70 WATER UTILITY EXPENSE MACHINERY & EQUIPMENT 239.69 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 5.09 3,238.94 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,991.14 PILOT KNOB LIQUOR COST OF GOODS SOLD 2,119.04 5,110.18 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 7,539.60 7,539.60 POLAR CHEVROLET/MAZDA FLEET OPERATIONS VEHICLES 24,738.91 24,738.91 POLFUS IMPLEMENT INC. WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 202.34 202.34 PRAIRIE RESTORATIONS INC STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 798.76 798.76 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 14 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount PRIME APPAREL INC FIRE SERVICES UNIFORMS & CLOTHING 211.83 211.83 PRUDENTIAL INSURANCE CO OF AME EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 2,427.37 2,427.37 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 12,753.28 EMPLOYEE EXPENSE FUND PERA 15,725.15 28,478.43 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,674.07 PILOT KNOB LIQUOR COST OF GOODS SOLD 2,282.66 3,956.73 R&R CLEANING CONTRACTORS INC. DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 43.62 PILOT KNOB LIQUOR PROFESSIONAL SERVICES 61.10 104.72 REINHOLD. CHRISTINE SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 100.00 100.00 RENT 'N' SAVE PORTABLE SERVICE PARK MAINTENANCE PROFESSIONAL SERVICES 160.82 160.82 RIVERTOWN NEWPAPER GROUP HUMAN RESOURCES EMPLOYMENT ADVERTISING 58.00 ELM ST RECONSTRUCTION ADVERTISING 560.00 CITY HALL LEGAL NOTICES PUBLICATIONS 72.50 SOLID WASTE OPERATIONS ADVERTISING 152.25 WATER UTILITY EXPENSE ADVERTISING 217.50 1,060.25 RMI-C-DIVISON OF ROTONICS MFG SOLID WASTE OPERATIONS EQUIP SUPPLIES & PARTS 698.10 698.10 ROC INC FIRE SERVICES PROFESSIONAL SERVICES 573.13 BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 1.977.29 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 901.31 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 225.33 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 225.33 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 45.06 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 225.33 4,172.78 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/200710:58:20 Council Check Summary Page- 15 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount ROLAND, ROBIN GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 58.20 58.20 SAFETY SIGNS STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 2,196.56 2,196.56 SANDSTONE DLSTRIBUTING COMPANY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 49.70 49.70 SAS DEVELOPMENT LLC WATER UTILITY EXPENSE OTHER CONSTRUCTION COSTS 10,430.45 10,430.45 SASS, JOSEPH & JULIE SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 180.54 180.54 SAUTER,ROBERT PATROL SERVICES UNIFORMS & CLOTHING 73.83 73.83 SCOVILL, SHAWN EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 1,622.65 1,622.65 SEE MY ID POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 340.80 340.80 SOCIETY FOR HUMAN RESOURCE MAN HUMAN RESOURCES SUBSCRIPTIONS & DUES 160.00 160.00 SOUTH ST PAUL HRA SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 36.09 36.09 SPARTAN PROMOTIONAL GROUP INC DOWNTOWN LIQUOR REV & EXP UNIFORMS & CLOTHING 78.72 PILOT KNOB LIQUOR UNIFORMS & CLOTHING 78.71 157.43 SPECIALTY WINES AND BEVERAGES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 150.00 150.00 SPORTS TECHNOLOGY INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 348.04 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 1,483.76 1,831.80 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 16 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount STAR TRIBUNE HUMAN RESOURCES EMPLOYMENT ADVERTISING 727.00 727.00 STEPHENS, KEVIN & NICKY SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 40.44 40.44 STREICHER'S PATROL SERVICES UNIFORMS & CLOTHING 2,875.69 2,875.69 SUNDANTZ CREATIONS 2007 INVESTIGATION SERVICES UNIFORMS & CLOTHING 57.54 57.54 TKDA INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 606.44 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 606.45 1,212.89 TRI-STATE BOBCAT INC CAPITAL ACQUISITION MACHINERY & EQUIPMENT 37,536.19 37,536.19 U S BANK REFUNDING BONDS 2004D DEBT INTEREST 22,710.63 22,710.63 UNITED PARCEL SERVICE POLICE ADMINISTRATION POSTAGE 17.84 17.84 VAN GRINGNEN, ANTHONY RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 VERIZON WIRELESS FIRE SERVICES CELLULAR PHONES 15.12 15.12 VICTORY CORPS BUILDING MAINT SERVICES BUILDING SUPPLIES & PARTS 46.09 46.09 VIDEOTRONIX INC POLICE ADMINISTRATION PROFESSIONAL SERVICES 492.00 492.00 VINOCOPIA DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,006.00 1,006.00 VOLUNTEER FIREFIGHTERS' BENEFI FIRE SERVICES SUBSCRIPTIONS & DUES 368.00 368.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 05/17/20071 0:58:20 Council Check Summary Page - 17 05/07/2007 - OS/20/2007 Vendor Business Unit Object Amount WARD, MEGAN ESCROW FUND DEPOSITS PAYABLE 4.00 4.00 WEIDEMA INC, S.R. HILLDEE RECONSTRUCTION CONSTRUCTION CONTRACTS 5,930.00 5,930.00 WELLS FARGO HOME MORTAGE SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 17.01 17.01 WIGEN COMPANITES INC BUILDING MAINT SERVICES EQUIPMENT REPAIR SERVICE 251.78 SEWER OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 314.73 SOLID WASTE OPERATIONS EQUIPMENT REPAIR SERVICE 314.73 STORM WATER UTILITY OPERATIONS EQUIPMENT REPAIR SERVICE 62.93 WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 314.73 1,258.90 WINE COMPANY. THE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 99.50 SODERBERG 99.50 FOGARTY WINE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 933.39 MCKNIGHT PILOT KNOB LIQUOR COST OF GOODS SOLD 1,359.15 PRITZLAFF 2,292.54 WILSON WINTERS, MICHAEL SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 26.87 26.87 ZEE SERVICE COMPANY BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 24.61 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 30.79 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 30.79 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 6.16 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 30.79 123.14 Report Totals 610,438.92