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HomeMy WebLinkAbout01.16.07 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 promisingfuture. AGENDA PRE-CITY COUNCIL MEETING January 16, 2007 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER Swearing-in Ceremony 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT ~ouncil workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be constrned 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 JANUARY 16,2007 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/PRESENTATIONS a) Introduce Promoted Employee - Police b) Introduce Promoted Employee - Administration c) City Hall Presentation - Wold Architects 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (1/2/07 Regular) (12/28/06 & 1/8/07 Special) b) Approve Appointments to Boards and Commissions - Administration c) Comprehensive List of Businesses - Economic Development d) Approve Ordinance - Text Amendment - Planning e) 4th Quarter Building Report - Building Inspections f) 2006 Stormwater Survey Results - Engineering g) School and Conference - Finance/Economic Development h) School and Conference - Fire Department i) School and Conference - Fire Department j) School and Conference - Human Resources k) Adopt Resolution - Accepting Donation - Parks and Recreation I) Adopt Resolution - Accepting Donation - Parks and Recreation m) Park Signage Purchase - Parks and Recreation n) Adopt Resolution - Approve Gambling Event Permit - Administration 0) Adopt Resolution - 2007 Joint Powers Agreement for Street Contracting Services - Engineering p) Approve Curbside Cleanup Day Agreement - Engineering q) Adopt Resolution - Accepting Donation - Parks and Recreation r) Approve Bills s) Award Cooler Bids - Economic Development (Supplemental) Action Taken Introduced Introduced Approved Approved Approved Information Received Ord 007-568 Information Received Information Received Approved Approved Approved Information Received R5-07 R6-07 Information Received R7-07 R8-07 Approved R9-07 Approved Approved 8. PUBLIC HEARINGS a) Adopt Resolution -Heritage Landmark Designations - 409 Spruce Street and 509 Oak Street - Administration b) Adopt Resolution - Vacate Drainage and Utility Easement - Charleswood Crossing - Planning 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Approve Development Contract for Farmington Area High School and Authorize Use of Eminent Domain for Flagstaff Avenue Improvements - City A ttorney/ Engineering b) Approve 2007 Park Construction and Planning Proj ects - Parks and Recreation c) Adopt Resolution - 2007 Seal Coat Project Feasibility Report - Engineering 11. UNFINISHED BUSINESS a) Adopt Resolution and Ordinance - Twin Ponds Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat and Wetland Conservation Act Permit - Planning b) Adopt Resolution and Ordinance - Fountain Valley Comprehensive Plan Amendment and Rezoning - Planning c) Elm Street Project - Boulevard Trees and Grass - Engineering d) Discuss Workshop Topics - Administration (Supplemental) 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN RlO-07 Rll-07 Rl2-07 Rl3-07 Tabled Rl4-07 Rl5-07,Ord 007-569, Rl6-07 Rl7-07 Ord 007-570 Approved Discussed City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/PRESENTATIONS a) Introduce Promoted Employee - Police b) Introduce Promoted Employee - Administration c) City Hall Presentation - Wold Architects 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (1/2/07 Regular) (12/28/06 & 1/8/07 Special) b) Approve Appointments to Boards and Commissions - Administration c) Comprehensive List of Businesses - Economic Development d) Approve Ordinance - Text Amendment - Planning e) 4th Quarter Building Report - Building Inspections f) 2006 Stormwater Survey Results - Engineering g) School and Conference - Finance/Economic Development h) School and Conference - Fire Department i) School and Conference - Fire Department j) School and Conference - Human Resources k) Adopt Resolution - Accepting Donation - Parks and Recreation I) Adopt Resolution - Accepting Donation - Parks and Recreation m) Park Signage Purchase - Parks and Recreation n) Adopt Resolution - Approve Gambling Event Permit - Administration 0) Adopt Resolution - 2007 Joint Powers Agreement for Street Contracting Services - Engineering p) Approve Curbside Cleanup Day Agreement - Engineering q) Adopt Resolution - Accepting Donation - Parks and Recreation r) 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 Page 16 Page 17 Page 18 8. PUBLIC HEARINGS a) Adopt Resolution -Heritage Landmark Designations - 409 Spruce Street and 509 Oak Street - Administration Page 19 b) Adopt Resolution - Vacate Drainage and Utility Easement - Charleswood Crossing - Planning Page 20 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Approve Development Contract for Farmington Area High School and Authorize Use of Eminent Domain for Flagstaff Avenue Improvements - City Attorney/ Engineering b) Approve 2007 Park Construction and Planning Proj ects - Parks and Recreation c) Adopt Resolution - 2007 Seal Coat Project Feasibility Report - Engineering 11. UNFINISHED BUSINESS a) Adopt Resolution and Ordinance - Twin Ponds Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat and Wetland Conservation Act Permit - Planning b) Adopt Resolution and Ordinance - Fountain Valley Comprehensive Plan Amendment and Rezoning - Planning c) Elm Street Project - Boulevard Trees and Grass - Engineering d) Discuss Workshop Topics - Administration (Supplemental) 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 /a- COUNCIL MINUTES PRE-MEETING JANUARY 2, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, McKnight, Pritzlaff, Wilson Fogarty Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Wilson asked about the CDBG Grant application and if we have the ability to allocate the funds to a different area. City Administrator Herlofsky replied the funds have to be used for the area specified, but can be re-addressed at a later time. Councilmember Wilson asked if we have unallocated grant funds. Finance Director Roland will provide that information. More than half of it has to go to low or moderate income items. City Administrator Herlofsky noted staff is working on a more detailed budget for the next EDA meeting and that will also be provided to Council. Councilmember Wilson was pleased the Communications Specialist position was moving to full time. He wanted to know the expanding scope of what is expected from this position over the course of the year. Administrative Services Director Shadick replied they have discussed re-organizing the web site, additional communication pieces, and they are in the process of collecting a list of communications to see what can be consolidated. City Administrator Herlofsky noted staff is working on a public relations plan and it will be brought to Council at a later time. Councilmember Pritzlaff also commented on the CDBG Grant application noting last year 50% of the funds went for the Riste building and there is another 50% being allocated this year. City Administrator Herlofsky noted they are accumulating enough funds to finish the proj ect. Council Minutes (Pre-Meeting) January 2, 2007 Page 2 Councilmember Pritzlaff asked about the extension for the Fountain Valley Comprehensive Plan Amendment and Rezoning. He would like to either pull it for separate vote and would like to see a 14-15 day extension rather than 60 days. He would agree with 30 days. City Administrator Herlofsky noted the 60 days is for staff to make sure we can get all the items in and gives us more time to accomplish what we need to following the expected approval from Castle Rock Township. Ifwe do not act upon it within 60 days, it is automatically approved. City Attorney Jamnik stated if we would not be ready in 15 days, the law is unclear about adding another 15 or 30 days. It is best to extend it to the maximum allowed. Mayor Soderberg noted we have extended projects for 60 days in the past. Councilmember Pritzlaff asked about the item on the list of bills for Pizza Man for engineering services. City Engineer Mann replied the bill is for the CONDAC meeting which Farmington hosted. Councilmember Pritzlaff asked how the solid waste services with Red Wing are working. City Administrator Herlofsky stated the City has told Red Wing that the economics of using Red Wing based on the current conditions is not in the City's best interest. We would like to do business with Red Wing, but we are having difficulty justifying the additional driving time and additional expenses. There is the possibility of transfer stations being available at a closer location. Red Wing will get back to the City in 60 days. Mayor Soderberg made some corrections to the December 18, 2006 Council Minutes. 5. STAFF COMMENTS Administrative Services Director Shadick added an item to the data practices authority for the annual organizational matters. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~_~~ ?-v7~ C;O' Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR JANUARY 2, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. Councilmember Steve Wilson was sworn-in by City Administrator Herlofsky. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Soderberg, McKnight, Pritzlaff, Wilson Fogarty Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant 4. APPROVE AGENDA MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim January National Mentoring Month MOTION by Pritzlaff, second by Wilson to proclaim January as National Mentoring Month. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Pritzlaffto approve the Consent Agenda as follows: a) Approve Council Minutes (12/19/06 Regular) b) Boards and Commissions Attendance - Administration Councilmember Wilson noted those members with perfect attendance at board and commission meetings for 2006. c) Approved LMCIT Excess Liability Coverage - Finance d) Adopted RESOLUTION RI-07 Accepting Anonymous Donation Rambling River Center - Parks and Recreation e) Approved Fountain Valley Comprehensive Plan Amendment and Rezoning Extension - Planning f) Approved Appointment Recommendation Administration - Human Resources g) Approved Currency Exchange License Juan Mena - Administration Council Minutes (Regular) January 2,2007 Page 2 h) Adopted RESOLUTION R2-07 Approved CDBG Grant Application - Economic Development i) Approved AFG Fire Prevention Grant Application - Fire Department j) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Vacate Drainage and Utility Easement Centex Homes - Planning Centex Homes has requested to vacate and dedicate new easements for three single-family lots in the Charleswood Crossing subdivision. MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Pritzlaffto adopt RESOLUTION R3-07 vacating the drainage and utility easements located on Lot 1, Block 2; Lot 2, Block 2; and Lot 3, Block 2 of the Charleswood Crossing plat and the dedication of new drainage and utility easements on each lot. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration MOTION by Wilson, second by Pritzlaff as follows: 10a(1). That Councilmember McKnight be designated as Acting Mayor from January 3,2007 through December 31, 2007. 10a(2). That the Farmington Independent be designated as the official publication from January 3,2007 through December 31,2007. 10a(5). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Wells Fargo Investments and Smith Barney Inc. be designated as the Official Depositories from January 3, 2007 through December 31, 2007. 10a(6). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2007. 10a(7). Approve a $1,000,000 Faithful Performance bond for the City Clerk. 10a(8). ORDINANCE NO. 006-566 Establishing Fees and Charges for licenses and permits for 2007 was adopted December 18, 2006. 10a(9). Appointments to Boards and Commissions - Candidates will be interviewed January 6, 2007 and appointments will be made at the January 16, 2007 Council Meeting. Council Minutes (Regular) January 2, 2007 Page 3 1 Oa(ll). Appoint Councilmember Wilson as the primary and Councilmember Pritzlaff as the alternate representative to the ALF Ambulance Board. 10a(12). Appoint Mayor Soderberg as the City's representative to the CEEF Committee. 10a(13). Appoint Councilmember Fogarty, Peter Herlofsky, Staffmember and Todd Larson, Planning Commission member on the Farmington/Empire Planning Advisory Committee. 10a(14). Appoint Councilmembers Pritzlaff and Wilson to the MUSA Review Committee. 10a(15). Appoint Councilmember McKnight, Peter Herlofsky, Staff member and Todd Larson, Planning Commission member to the Farmington/Castle Rock Discussion Group. 10a(16). Appoint Robin Roland as Director and Brenda Wendlandt as Alternate to LOGIS for 2007. 10a(17). Adopt RESOLUTION R4-07 appointing Peter J. Herlofsky, Jr. as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer and Brian Lindquist as Responsible Authority for law enforcement for 2007. 10a(18). Appoint Mayor Soderberg as the Director for Farmington and Councilmember McKnight as the Alternate Director to the Dakota Communications Center. APIF, MOTION CARRIED. 10a(3). Appoint the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 3, 2007 through December 31, 2007. Councilmember Pritzlaff pulled this item for separate discussion. He requested to use the 2006 fees for the 1 st quarter of 2007 until a workshop can be held. MOTION by Pritzlaff to keep the 2006 fees for the 1 st quarter of 2007 until a workshop can be held. Motion died for lack of a second. MOTION by McKnight, second by Soderberg to approve the contract with Campbell Knutson and Joel Jamnik as City Attorney for 2007. Voting for: Soderberg, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 10a(4). Appoint the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of2007 and Lee Mann as City Engineer/Public Works Director. Councilmember Wilson pulled this item for separate discussion. He noted we have had some engineering issues and discussed the need for a workshop with Bonestroo. He would like to have a workshop set for the end of January/early February. He realized Bonestroo has consultation services available for a community center and wanted to know what other types of expanded services Bonestroo can provide, recommendations on how we can be as efficient as possible with engineering with large projects, and accountability when projects do not go as planned. MOTION by Wilson, second by McKnight to approve the Bonestroo contract with Council Minutes (Regular) January 2, 2007 Page 4 setting a workshop as soon as possible. Councilmember Pritzlaff stated he would like to see the 2006 fees used for the 1 sl quarter of 2007. He would have liked to have had a workshop before this is approved. Voting for: Soderberg, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 10a(10). MOTION by Soderberg, second by Pritzlaff appointing Councilmember Fogarty to the Economic Development Authority. APIF, MOTION CARRIED. Councilmember Pritzlaff recalled it had been discussed to have more Councilmembers on the EDA. He felt by not being part of that group, he is not up to speed on everything that is going on. He would like to add more Councilmembers or have the entire Council on the EDA. City Attorney Jamnik noted membership of the EDA is restricted to Council participation by statute. If all Council participates, it would disband the EDA. If there is a separate EDA board, the statute specifies the number of non-Council members and Councilmembers that are allowed. To change this, the City would need to seek special legislation. Mayor Soderberg noted the EDA spent a great deal of time researching this when they changed from the HRA to the EDA. City Attorney Jamnik explained if you want a different mix on the EDA you need to obtain special legislation. Councilmember Pritzlaff requested Attorney J amnik to look at special legislation and bring it back to Council. City Attorney J amnik stated the reason the number of Councilmembers is limited on the EDA is by getting a quorum of the Council on the EDA, it is hard for the public to tell what entity is actually meeting. As there are so many issues that cross over, to have a quorum ofthe Council as part of the EDA would render some of the Council meetings moot. Councilmember Wilson also had an interest in the Council having a more expanded role in the EDA. However, he left it to City Administrator Herlofsky as to what would make sense. Mayor Soderberg was comfortable with the current structure. Councilmember McKnight did not mind having the discussion, but the EDA would need to be involved right away. City Administrator Herlofsky stated the next strategic planning meeting is January 27,2007. He suggested leaving things in place and evaluate it at the end of the year. The current structure is just a year old. 11. UNFINISHED BUSINESS a) Set Visioning Sessions - Planning Visioning Sessions for the 2030 Comprehensive Plan were set for January 31 and February 7,2007 from 6:00 p.m. - 9:00 p.m. at the Central Maintenance Facility. 12. NEWBUSINESS a) Approve Waiver of Fees John Devney - Planning Mr. John Devney requested the fees be waived for a comprehensive plan amendment and rezoning for a portion of his property located at the northwest intersection of CSAH 50 and Pilot Knob Road. The comprehensive plan amendment is $350 and the rezoning fee is $300. He requested the waiver as he was unaware ofthis property changing. He would like the property changed back to A-I so he can put it in ag preserve for eight years. This property was changed to I-I with the 1998 comprehensive plan. There was no motion made to waive the fees. Council Minutes (Regular) January 2,2007 Page 5 b) Approve Waiver of Fees 1 st Street Residents - Planning Six properties at the northwest intersection of 1 sl and Elm Streets were rezoned to B-2 in the 1998 comprehensive plan. The residents want their property changed from business to residential and from B-2 to R- T. The six properties would share in the $350 comprehensive plan amendment fee and the $300 rezoning fee. The owners have requested these fees be waived. These properties were changed to allow for a possible future expansion of the downtown and to give the owners the opportunity to sell as commercial property. There was no motion made to waive the fees. 13. COUNCIL ROUNDTABLE Councilmember Wilson: He thanked the residents for the opportunity to serve them for another four years. There are a number of opportunities and challenges ahead. A lot of the hard work and day to day activities are done by the City Administrator, Finance Director and other members of the management team. He encouraged anyone who has a concern or comment to attend the meetings. He looked forward to working with the Council. City Administrator Herlofsky: Reminded Council they wanted to discuss having regularly scheduled workshops. Mayor Soderberg suggested the second Monday of every month. City Administrator Herlofsky will compile a list of workshop ideas and the Council will prioritize them. For the workshop next week, Council wanted to discuss consultant services and Council's expectations of those services and how to manage them. Council will also set priorities for future workshops. Workshops will begin at 5:30 p.m. Mayor Soderberg: The Charity Ball will be held January 27,2007. 14. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 7:56 p.m. APIF, MOTION CARRIED. Respectfully submitted, /} .."L,/-<. r /,/'7 d~ 0A -rL-' C /1.--0-- /'l/ ( / Cynthia Muller Executive Assistant City Council/Castle Rock Workshop Minutes December 28, 2006 Mayor Soderberg called the meeting to order at 6:00 p.m. Present: Mayor Soderberg, Councilmembers McKnight, Pritzlaff, Wilson Russ Zellmer, Gary Pipho, Mike Rademacher, Arlyn Lamb, Paul Irrthum Also Present: Peter Herlofsky, City Administrator; Cynthia Muller, Executive Assistant MOTION by Pritzlaff, second by Wilson to approve the agenda. APIF, MOTION CARRIED. The purpose of the workshop was to discuss the Fountain Valley Comprehensive Plan amendment. City Administrator Herlofsky presented a proposal outlining options that were discussed at a meeting with representatives from both groups a few days earlier. The Orderly Annexation Agreement applies to this development as it is within the orderly annexation area. The conditions discussed were as follows: 1. The medium density residential land use is not constructed within 150 ft of the west property line of Castle Rock residents adjacent to Berring Avenue. 2. The City of Farmington requires a 20 ft. setback for structures from the westerly right-of- way line from Biscayne Avenue. 3. The developer of the Fountain Valley property agrees to screen to the best of his ability medium density residential land use from the properties along Berring Avenue through landscaping, berms, and may also provide screening if feasible. 4. The developer of Fountain Valley agrees to provide one row of single story townhouses on the area designated medium density along the future Biscayne Avenue. Russ Zellmer and Gary Pipho attended the previous meeting and both felt this was the best way to handle the situation to get it resolved quickly. Arlyn Lamb noted residents along Berring Avenue are adamantly opposed to any medium density housing along the west side of their property line. He felt this has gone on too long for the developer. There is a compromise with single story townhomes and screening. The Met Council wants higher density housing along arterial roads. The road does not exist now, but it will be coming in with this development. It will not be an arterial road for some time. He saw the City as compromising and agreed to the solution. The remaining town board members felt anything less than single family homes is a bad deal. They were promised there would not be multi-family in the first row. This is not the best that can be done for them. City Administrator Herlofsky noted if the Town Board takes action on their January 9,2007 meeting, it will be placed on the January 16, 2007 Council meeting. Councilmember McKnight supported the solution. Mayor Soderberg stated they are discussing design and plat issues that are beyond the comprehensive plan stage. Ifthe developer agrees to this he would approve it. This is over and above what the Orderly Annexation Agreement calls for. Councilmember Wilson stated Mr. Garvey and Mr. Olson have not had enough input in terms of the land. There is a lot of ambiguous language in the agreement itself and he would not support option number three regarding the screening. He asked if Mr. Garvey brought forward the proposal for option four and asked if a row of single story townhomes will have a financial Council/Castle Rock Workshop Minutes December 28, 2006 Page 2 impact to his development. Mr. Garvey stated it has an impact. The project will cost an additional $2.9 million because of delays. He is agreeing to this to get the project done. He agrees with some of the comments to a point. The township had a chance to development this within the township and they did not do it. To say they are concerned with the current residents, he disagrees with that. We need commercial and residential development and it takes too long. Councilmember Wilson stated if Mr. Garvey agrees with the single story townhomes, he would not disagree with that, however the only information he has to work with is the Orderly Annexation Agreement. The agreement does not prohibit a two-story townhome. It gives certain parameters such as a distance of 150 ft., which this complies with. What Mr. Garvey is proposing is not inconsistent with the agreement. Councilmember Pritzlaff stated as far as option number three, the developer agreeded to screening when there were two-story townhomes. If the developer compromises to single story, the language is vague, and by making a change to single story the screening requirement should be removed. As far as number four, he knows what this will do to the developer. If Mr. Garvey and Mr. Olson are in agreement with this, this will be one thing he will vote for that he is not very happy with. The City is tying the developer's hands by telling him what type of homes he has to build. He felt he was being governed by the township. The City would be within their right to allow him to build two-story townhomes. If it was not for the commercial, we would not be discussing this. The agreement states the township has a say for commercial development. This project has been delayed for two years. It will be Mr. Garvey's property and he will have property rights that are limited. Mr. Pipho noted if the proper procedures of the Orderly Annexation Agreement had been followed this discussion would have been held before the plans had gotten this far along. The developer would have had to meet the City's comprehensive plan instead of the City defining a comprehensive plan around the developer's plan. That would not have been an unreasonable approach and it would have been much faster. The developer knew that Castle Rock did not want the property along the edge. He did not present a plan to Castle Rock. Although he is not happy with this solution, it is middle ground. Councilmember Wilson stated Mr. Pipho is referring to item 8a in the Orderly Annexation Agreement which provides that there be reasonable advance notice for review. Mayor Soderberg noted that is the only thing that was done out of order. It should have gone to the township before the Planning Commission. That is why Council delayed it on the agenda, to give the township time to comment on it and get back on track. City Administrator Herlofsky noted we have reached an agreement so by the end of January this can be set aside. This is the first adventure and hopefully we can benefit from this for future projects. Councilmember Pritzlaff stated the next piece of property that comes in, he hoped he does not hear what he heard at the last Council meeting. Just because it does not go a certain way, it will adversely affect the communication between the City and the township. If that comes up at every piece of property, we will either amend this agreement or get rid of it. Councilmember Wilson asked if we do not take action at the January 2, 2007 Council Meeting we have run out of time. City Administrator Herlofsky noted on the agenda is an item to extend Council/Castle Rock Workshop Minutes December 28, 2006 Page 3 the 60-day notice. Ifthe township agrees on their January 9,2007 meeting, the January 16, 2007 Council Meeting should not be a problem. Councilmember Pritzlaff noted regarding number three there are two Councilmembers that have questioned the screening. He asked if there was a need for screening with single story townhomes. Ifthere is, we need to define "to the best of his ability." Mr. Zellmer and Mr. Pipho would still prefer screening and agreed it needs to be better defined. Mr. Garvey replied he would put in boulevard trees, similar to all projects. This is part of the development standards. He wanted to make it clear this does not mean berming. Mr. Lamb stated at the December 13,2006 meeting screening was discussed, but there is a shortage of dirt for the development. He can understand if there is no berming. Trees would be acceptable. Staff will provide the township with a copy of the landscaping standards. Ms. Denise May, Berring Avenue, stated she heard statements about fairness. They have lived there for 20 years. Farmington receives a lot of their support as far as shopping, etc. She does not hear a lot about what is fair for them. Their backyard is the golf course. They are not only losing that, but they will have a road behind them and homes. They will be living there. Their total landscape will be changed. Mr. Garvey understood but this has been planned for decades. That road will come in no matter what. Mr. Dan May, Berring Avenue, stated we have the City and the Town Board and people who have lived there for 20 years. They have been told things over the last two years, just as the City and township has been dealing with the annexation agreement. He had a document that says what they were told. He asked everyone to look at it and tell him if it is the right thing and if it is how they would like to be treated. We live in a low density single-family area. He distributed the Executive Summary of the Orderly Annexation Agreement that was presented to Castle Rock residents. The purpose of the summary was to explain what the agreement is about and that it is advisory in nature. The attached maps are dated May 2, 2006. It mentions the people involved from the City include Councilmember McKnight, Todd Larson, and Kevin Carroll. The items most important to the residents is that the discussion group recognized the residents along Berring Avenue may be concerned about new residential development. The City staff and Council consistently strive to minimize adverse impacts to adjoining nearby property owners without regard to whether the properties are in the City or the township. Methods used to minimize impacts include buffering, screening, setback, maximum lot coverage requirements, etc. In addition the City strives to make gradual transitions from existing low density neighborhoods to higher density neighborhoods. For example high density townhome projects would not be placed next to existing low density single- family detached homes. Mr. May asked if this is the right thing to do. This is what Farmington told them. He asked what Council would do ifthis was their property. The City's definition of medium density is 5.5 - 14.0 units per acre. Low-medium density includes duplexes, townhomes and quad homes. Ifwe want townhomes, why go to medium density when they would be available in low-medium density. Mr. May presented a map showing the low-density, the park and Executive Estates which is low density. Their homes are low-density. Why is it so important that the City would overlook the concerns of people with low density in order to slap this medium density next to them when it could go anywhere else in Farmington? Council/Castle Rock Workshop Minutes December 28, 2006 Page 4 Councilmember Pritzlaffnoted where it says high density townhomes would typically not be placed next to low density, he would take "typically not be" to mean there is a chance. Weare talking medium density, not high density. Mr. May stated we are talking townhomes. Why would the townhomes not be low-medium density when they are included in the definition? Why medium density when it could be 14 units/acre? Councilmember Wilson stated there were numerous variations of executive summaries and the annexation agreement. He resented any insinuation that the City is trying to stick it to Castle Rock township, or that the City is being the big, bad bully. He was at the meeting and everyone there agreed to the document. No one from the City has forced Castle Rock into this. He respected all the town board members of Castle Rock. They could have said this is not the right time. He has to refer to the Orderly Annexation Agreement that was worked out after numerous meetings by people on both sides. Mr. May stated the map with the Orderly Annexation Agreement dated September 13,2006, does not show zoning on the Olson property of 157.6 acres. Nothing was agreed to be put into that area. The whole idea and what is specified in the Executive Summary says it is not appropriate. The township would not stick townhomes next to the City's low density. Councilmember Wilson noted the City cannot provide a designation to any property that is not in the City. Mr. Pipho agreed and they asked for certain verb age in the annexation agreement stating that was the reason it was not included. He understood the discussions leading up to the Executive Summary were pre-cursors to the discussions they would have prior to the creation of a comprehensive plan. It is the City's duty to define what the comprehensive plan should be and then a developer should fit the comprehensive plan. Mayor Soderberg stated it comes as a recommendation from the Planning department to the Planning Commission and then the Council. Things were done out of order and that is why we delayed this one month; to get things back on track. Mr. Pipho stated this should not be a three-party agreement. It should be an agreement between the township and the City and then the developer meets the City's plan. The township's request is to not put townhomes on the border. The City still has the right to do that. He feels the City has abdicated their ability to create a comprehensive plan to the developers. That sets a bad precedent. The comprehensive plan should have been in place first. Councilmember Wilson stated the agreement says with regard to any medium and high density residential and commercial use constructed within 150 ft., the Planning Commission or Council shall not adopt an initial comprehensive plan designation located within the annexation area without the consent of the Town Board. The City is being more gracious than the document specifies. Mr. Pipho noted that 150 ft. is an easement. There is no development within 150 ft. The township had requested a 350 ft. agreement where there would not be anything higher than single family homes. Councilmember McKnight noted there were 14-15 drafts of the agreement. Mayor Soderberg noted we have a draft which seems to be a solution. If it is not a solution, say so now. Mr. Gary Johnson, Berring Avenue, noted the statement about Castle Rock having an opportunity to do something and we failed to act on it; he was at the meetings and the developer brought the exact plan that did not meet with comments he wanted to hear. We were supposed to meet the next month, and he did not come back. The plan accepted by the Planning Commission is almost identical to the plan he brought to Castle Rock a long time ago. He asked if the City is planning future development or the developer. Council/Castle Rock Workshop Minutes December 28, 2006 Page 5 Ms. Terri Pierson, 225th Street, stated her concern is the ambiguity of this whole thing. The climate in many of the town meetings was very intimidating. Her $300,000 - $400,000 house is all she has and they are concerned about slums. Turnover is incredibly high. Mr. Garvey stated he asked the town board if the annexation could be moved up and they asked ifhe was interested in developing. He told them they have to re-zone the property first. The township does not require screening, follow regulations, etc. It was not fair to Mr. Olson when Canton Court was put in. Castle Rock did that. How do you think that affected the value of his property? The proposal is in hand, let's move on. Mr. Zellmer stated he is not overlooking the residents' concerns. We have beaten the same thing over and over. We had a reasonable solution when we met previously. The alternative is not good for either side. Ifit goes to court, it will cost everyone money. Ifit comes out in the City's interest, we would have nothing to say. Now we at least have some options. The City is following the letter of the agreement. He supported the solution. Mr. Lamb agreed with Mr. Zellmer. We have held Mr. Garvey up for a long time. He would like to see more being done as far as the township residents. The City's interpretation of the Annexation Agreement is that they are going farther than what the agreement calls for. He can support this. There are very few people on either side that are happy. No one is getting the better end of the deal. Mr. May stated everyone agrees this is a too bad deal. Next time we will do it differently, the verbage is not right, etc. For the people whose homes will be affected, is this the right thing to do? Would you do this if you lived there? Councilmember Pritzlaff stated everyone agrees there is language that needs to be cleaned up in the Orderly Annexation Agreement. Mr. Zellmer suggested if the Council and Town Board have issues they would like to see addressed, they should turn them in to City Administrator Herlofsky or himself. Councilmember McKnight noted the agreement allows for this. Mr. Bryce Olson noted the Orderly Annexation Agreement says prior discussions have no bearing on the agreement. All this is, is discussion. If the agreement was made poorly between both parties, they are stuck with this agreement. He heard one person say they are not interested in any townhomes. So will the town board turn it down? Last time there was a meeting, things changed the next day. How long will this go on? Mayor Soderberg stated the Town Board meets on January 9,2007. MOTION by McKnight, second by Pritzlaffto adjourn at 7:06 p.m. APIF, MOTION CARRIED. Respectfully submitted, {....~ ~_c('x~.;~ )7. kd.:2::'~c.J 'Cynthia Muller Executive Assistant Council Workshop Minutes January 8, 2007 Mayor Soderberg called the meeting to order at 5 :30 p.m. Present: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson Peter Herlofsky, City Administrator; Lee Mann, City Engineer/Public Works Director; Cynthia Muller, Executive Assistant Michelle Lease and Mark Hanson, Bonestroo Audience: Jeff Thelen The purpose of the workshop was to review the contract with Bonestroo for engineering services. City Administrator Herlofsky reviewed the current contract with Bonestroo which was effective January 2005. Regarding general engineering services, there are four separate items for services. They are general engineering and in-house personnel which is non-project work, general engineering for smaller city projects such as the seal coat projects. This is why the cost for general engineering can fluctuate. The retainer does not change month to month. The next item is city projects and the fourth item is development review and inspection which is charged to the developer. If the City Engineer position were a City employee, the duties being charged a retainer would be assigned to the City Engineer. The projects not charged against a retainer would be a consultant on retainer from an engineering company. City Administrator Herlofsky explained the spreadsheet showing costs of engineering personnel for various projects. Development projects are billed to the City and costs are passed on to the developer. In the future, monthly reports will be broken down by project. Councilmember Wilson would like to see the project cost compared to what Council approved. This would enable Council to see if the project is over or under budget. He needs to see a perspective around the numbers. Staff will prepare a spreadsheet for all current projects comparing the current costs vs approved costs with a running total. Councilmember Pritzlaff noted the contract contains an insurance section and asked why the issues with the mill and overlay project were not turned in to insurance. City Administrator Herlofsky noted there is also a dispute resolution section in the contract. That is the process that would be followed. Councilmember Pritzlaff also noted the contract provides for construction survey staking. This would involve the Spruce Street extension. Bonestroo does performance reviews with 80 clients each year. They applauded the Council for doing this review of engineering services. City Engineer Mann presented a list ofprojects Bonestroo has done for the City for 1997 - 2006, the people on the Bonestroo team, and the number of people who have worked on projects for 2006. Bonestroo would like to do an annual performance review with the City Administrator. Councilmember Pritzlaff would like the Council to do the performance review as they are the ones approving the projects. Mayor Soderberg noted we hire the City Administrator to do that. If there is an issue with the contract, Council Workshop Minutes January 8, 2007 Page 2 that is one thing, but performance is up to the City Administrator. Councilmember McKnight agreed the City Administrator should do the review, but with Council input. Councilmember Wilson stated he still needs to understand the context of the numbers. City Administrator Herlofsky noted the engineering costs could be plugged into the project costs. The project report showing the original estimate, construction cost, engineering cost, legal cost, etc. would tie into this. Councilmember Wilson stated another component is how does the developer see the costs; are they fair and understandable. City Engineer Mann noted they receive very few complaints from developers regarding the cost. The City of Farmington is very important to Bonestroo and to City Engineer Mann and they want to continue to service Farmington. City Engineer Mann stated he would like to change the manner in which he will be serving Farmington. In January 2008 he will be stepping down from the City Engineer/Public Works Director position. However, he would like to continue to serve Farmington. This will allow the City time to make plans for the transition and to include this information in the 2008 budget. He is currently the Client Service Manager for Farmington and he is also the City Engineer/Public Works Director. In 2008 he would be the City's main contact with Bonestroo. Another option is for Bonestroo to supply another person for the position he currently holds, or for the City to fill the position with a City employee. There could also be other options. He would be the head of engineering services Bonestroo supplies to Farmington. He would office out of Roseville which would be a more common way of supplying services. The two issues this year are the mill and overlay project in Sunnyside and the Spruce Street extension for Vermillion River Crossing. City Administrator Herlofsky noted there is another issue with computation for the mill and overlay project which will be brought to Council. Councilmember Pritzlaff stated his biggest issue is with the pavement management rating sheets. Council did not have the rating sheets for the mill and overlay project when the project was first brought to them. The second set of ratings showed all but one of the streets were significantly worse than the first ratings. Using the second set of ratings, it should have been a full reconstruct. So in the end we did the wrong project. Ifhe would have seen the first ratings, showing the streets did not require a mill and overlay, he would have voted no for the project. Regarding the Spruce Street extension, there was an issue with the survey staking. A portion of the road was constructed on another person's property. An offer has been made to the land owner, but Councilmember Pritzlaff does not feel the City should have to pay. If the land owner accepts the offer, he will not approve it. Councilmember Wilson spoke about the Spruce Street extension. One of Council's jobs is when a project is approved, he has to hold people accountable. There are things going on which Council will have to vote on and which they seem to have no control over. It concerns him there is no accountability. As far as the mill and overlay project, Council has to ask for information or find out from someone else the information is available. The benefit of having Bonestroo is having people and money to protect the City when projects are not going as they should. Councilmember McKnight stated regarding the Spruce Street extension, he feels he still does not have enough information as to how this happened. He cannot ask the people of Farmington to pay for this mistake. He had a resident inform him of the issue. Communication on this was lacking. Council Workshop Minutes January 8, 2007 Page 3 Councilmember Fogarty noted during her first four years on Council, they did not have one problem. She does not know what can be done about the mill and overlay project at this point. She wanted to know when things do go wrong, at what point does Bonestroo step up and say someone made a mistake and here is what we are going to do. Council has not heard that answer on these two projects. Council needed to know at what point they will get that and what it will be. (Councilmember Pritzlaffleft the workshop at 6:53 p.m.) Mayor Soderberg stated he has had eight years of experience with Bonestroo. With Spruce Street there was a mistake. Long term, that parcel still will be acquired by the City somewhere in the future when the project goes to Pilot Knob Road. As far as the mill and overlay project, he lived it, and it is not as bad as Council is making it. The pavement management program is an internal tool. No one knows how to read and understand a pavement management program. It is an engineering tool used by engineers to make recommendations. To look at two different documents from two different dates and say we did the wrong project is foolishness. The mill and overlay proj ect had problems, but they were not as bad as we are making it. After 10 years of service, there were four mistakes, two of which Bonestroo stepped in immediately. The mill and overlay project was a City project and a City employee was the engineer of record. Mayor Soderberg had no issues with Bonestroo. City Engineer Mann suggested scheduling another meeting to review the mill and overlay project and the Spruce Street extension project from beginning to end with the full Council. Councilmember Wilson stated he is looking for how did this happen, what could it cost, and where do we go from here. Other than these two projects, he has been extremely pleased with Bonestroo. He does not need to be the first person, but wants to be one of the first six to hear about something that has gone wrong. As far as Spruce Street, he does not know that the City will be acquiring that road in the future; it might be a developer. City Administrator Herlofsky stated as far as the mill and overlay project, the final appearance is working well. Councilmember Wilson noted the cost to date is a small amount over the CIP amount. Mayor Soderberg stated we have a contract with Bonestroo in place for 2007. City Administrator Herlofsky will talk with Bonestroo about options for the future, continue as the existing situation, or the cost of the City hiring our own Engineer and using Bonestroo or another consultant for engineering services. Councilmember Wilson stated it has to be what is in the best interest of the City, residents and developers. One thing for this year is to make sure there is a lot of communication, even if it is the worst possible news. MOTION by Fogarty, second by McKnight to adjourn at 7:09 p.m. APIF, MOTION CARRIED. Respectfully submitted, L ~/.,. --.6{ {<:;c.. ,lv 7,<.L6.o .---~/ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7) TO: Mayor, Councilmembers, City Administrator SUBJECT: \ \ Lisa Shadick, Administrative Services Director \ \ 01' >', \j,) , I Appointments to Boards and Commissions .' FROM: DATE: January 16, 2007 INTRODUCTION / DISCUSSION The City Council, at a special meeting held January 6, 2007, interviewed and proposed the following appointments to Boards and Commissions: Seat Applicable Term New Appointment Planning Commission 1) 2) 2/1/07-1/31/09 Dirk Rotty 2/1/07-1/31/09 Randy Oswald Economic Development Authority 1) 2/1/07-1/31/2013 Chad Collignon Water Board 1) 2/1/07 -1/31/2010 Allan Maguire Heritage Preservation 1) 2) 3) 2/1/07 -1/31/2010 Tim Burke 2/1/07 -1/31/2010 Edgar Samuelson 2/1 /07 -1/31/2008 David McMillen Parks & Recreation 1) 2) 3) 2/1/07-1/31/2010 Dawn Johnson 2/1/07 -1/31/2010 Charlie Weber 2/1 /07 -1/31/2008 Tim White Rambling River Center Advisory Board 1) 2/1/07-1/31/2010 Allen Koss 2) 2/1/07-1/31/2010 Marilyn Briesacher Upon approval of the City Council the applicants will be notified by letter and will receive an Oath of Office and Certificate of Appointment. ACTION REQUIRED Council by-laws state that commission appointments shall be made at the second regular meeting of the year. Therefore, the action requested is to approve the appointments to the various Boards and Commissions for the above stated terms. Respectfully submitted, :'~~c I!~~_a~ Lisa Shadick, Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Councilmembers and City Administrator Tina Hansmeier, Economic Development Specialist ~ SUBJECT: Comprehensive Business List FROM: DATE: January 16, 2007 INTRODUCTION/DISCUSSION Attached is a comprehensive list of businesses located in the City of Farmington. This list contains current business information and will be updated periodically. ACTION REQUESTED For Council information only. Respectfully submitted, ,-- { c:- \ \_~"_/I"l C0~:-l n.. <:::, yy~ l.-(-~ Tina Hansmeier Economic Development Specialist Q) Cl Cll a.. 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Q.) .. .. -< -< .. .. o 0 "'l:i"'l:i oJIIIIIIII .""", .. .. en .. .. ::l 000 u u Q.) o ..... == in ~ ~ >>.:: Q.) ce r:Fl ~ ~ ....I:: ;.; ....I:: ..... P""'i .~o ::I:: ~ UO~~ ce ce ce ce Q.) Q.) Q.) Q.) .. .. .. .. -<-<-<-< I'- - ~ C/) C/) Q) C '00 ::J ..0 en C '0 en C o ~ C/) :::i C/) C/) Q) C '00 ::J OJ Q) > '00 C Q) ..c ~ a. E o () ~ C Q) E a. o lii > Q) o u 'E o C o u W <( z E: ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lei FROM: Mayor, Council Members, I VY/ City Administrator @ jlt~ Tony Wippler Assistant City Planner TO: SUBJECT: Adopt Ordinance - Text Amendment to City Code Section 7-1-2 (A), (D), and (E) Collection by City, City Code Section 7-1-3 Permit Required, and Section 7-1-3 (A) and (D). DATE: January 16, 2007 INTRODUCTION City staff is proposing to amend Section 7-1-2 (A), (D), and (E) Collection by City, City Code Section 7-1-3 Permit Required, and Section 7-1-3 (A) and (D). The amendments propose to replace the Parks and Recreation Director with the City Administrator. It should be noted that the designee of the City Administrator for the Solid Waste Collections will be the Public Works Director. Planning Commission The Planning Commission reviewed the proposed amendment at its regular meeting on January 9, 2007 and held a public hearing on this matter. The Planning Commission recommended approval of the proposed amendment with a vote of 5-0. ACTION REQUESTED Adopt the attached ordinance revising Section 7-1-2 (A), (D), and (E) Collection by the City, City Code Section 7-1-3 Permit Required, and Section 7-1-3 (A) and (D). Respectfully submitted, ,-r;: {J~ TOnY~iPPler Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7-1-2 (A), (D), AND (E), AND SECTION 7-1-3, 7-1-3 (A), (BS), AND (D) THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 7-1-2 ofthe Farmington City Code is amended as follows (deleted text is stmek, new text is underlined): COLLECTION BY CITY: (A)Exceptions For Actual Producers: Under this chapter the city may exempt, for extenuating or unusual circumstances, a residential household or business from the requirement of having a solid waste collection service if the household or business ensures that an environmentally sound alternative is used. The city may revoke exception status if it is determined that the property owner is disposing the garbage in a nonenvironmentally sound manner or for any other reason in the discretion of the parks and recreation director City Administrator or designee. (D)Exception For Large Commercial/Industrial Uses: An owner of a commercial or industrial business may request contracting collection service from a private hauler if the weekly average output exceeds fifteen (15) cubic yards per week. The city may approve such request upon recommendation of the parks and recreation director City Administrator or designee. This exception will also be available to restaurants. (E) Exception For Recyclable Materials: The city may allow a private hauler to collect and convey recyclable materials upon recommendation of the parks and recreation director City Administrator or designee. SECTION 2. Section 7-1-3 of the Farmington City Code is amended as follows (deleted text is stmek, new text is underlined): PERMIT REQUIRED: Any private hauler removing and/or disposing of refuse produced by a construction project under subsection 7-l-2(C) of this chapter; or any nonprofit or community organization conducting a "special recycling activity" as defined under section 10-2-1 of this code; or special waste under subsection 7-1- 2(F) of this chapter must first obtain a permit issued by the parks and recreation director City Administrator or designee. (A)The permit shall be valid for a period of one year, or for such length of time as determined by the parks and recreation director City Administrator or designee, from the date of issuance and is not transferable to another hauler or to another construction site. (B)The permit application shall include the following: 1. The name, address and telephone number of the hauler. 2. The location and owner of the construction site. 3. The nature of the refuse to be removed and/or disposed of. 4. The intended storage or disposal site for the refuse. 5. Other information as may be required by the parks and recreation director City Administrator or designee. (D)The parks and recreation director City Administrator or designee is authorized and empowered to revoke any permit upon failure of the holder of said permit to comply with any provisions of this chapter. SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2007, by the City Council of the City of CITY OF FARMINGTON By: Kevan Soderberg, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of ,2007. le City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us SUBJECT: Mayor, Council Members, City Administrat~ Ken Lewis, Building Official ~ Fourth Quarter 2006 and Year-End New Construction Report and Population Estimate TO: FROM: DATE: January 16,2007 INTRODUCTION The following report summarizes the new construction permits issued during the fourth quarter of 2006, the year-end building permit totals, and the year-end population estimate. DISCUSSION Fourth Quarter Building Permit Information: During the fourth quarter of the 2006 building construction season (October 151 through December 3151), the City issued 20 new single-family detached housing permits and 19 new multi-family permits, for a total of 39 new 4th -quarter housing permits. Construction valuation for the single-family and multi-family homes totaled $3,922,600 and $2,423,600, respectively. Permits were issued for 4 new commercial projects. These were the exterior stairway at Bible Baptist, 2 garages at Dexterity Dental and R & L Trucking. The valuation of these projects totaled $3,896,930. The average building valuation of the single-family homes during the fourth quarter of 2006 was $196,130, up from $185,968 during the third quarter. The average building valuation of the townhome units during the fourth quarter of 2006 was $127,558, up from $127,289 during the third quarter. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula). Year-End Building Permit Information: The year-end figures reflected 118 new single-family units and 87 new multi-family units and for a total of 205 new building permits issued. In addition, there were 8 permits issued for new commercial projects and 1 new industrial project for 2006. The 205 new residential permits resulted in a total new residential building valuation of $36,023,100. Of that year-end total, the valuation for new single-family home construction was $24,021,000, for an average valuation of $203,568 per single-family unit. The valuation for new townhouse construction was $12,002,100, for an average valuation of $137,956 per townhouse unit. The valuation for new commercial construction was $6,991,490 and the valuation for new industrial was $10,000. As noted above, these valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part ofthe building code formula. Year-End Population Estimate: At the beginning of 2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit (i.e., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April 1, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 19,354 + 104 19,458 + 145 19603 + 62 19,665 + 77 19742 + 68 19810 + 157 19967 + 204 20171 + 174 20345 + 145 20490 + 12 20502 Estimated Population as of December 31, 2004 = 35 Certificates of Occupancy issued for the period from 1/1/05 to 3/31/05 X 2.95 Estimated Population as of March 31, 2005 = 49 Certificates of Occupancy issued for the period from 4/1/05 to 6/30/05 X 2.95 Estimated Population as of June 30 , 2005 = 21 Certificates of Occupancy issued for the period from 7/1/05 to 9/30/05 X 2.95 Estimated Population as of September 30,2005 = 26 Certificates of Occupancy issued for the period from 10/1/05 to 12/31/05 X 2.95 Estimated Population as of December 31,2005 = 23 units brought in by annexation for the period from 10/1/05 to 12/31/05 X 2.95 Estimated Population as of December 31,2005 = 53 Certificates of Occupancy issued for the period from 1/1/06 to 3/31/06 X 2.95 Estimated population as of March 31, 2006 = 69 Certificates of Occupancy issued for the period from 4/1/06 to 6/30/06 X 2.95 Estimated population as of June 30, 2006 = 59 Certificates of Occupancy issued for the period from 7/1/06 to 9/30/06 X 2.95 Estimated population as of September 30,2006 = 49 Certificates of Occupancy issued for the period from 10/1/06 to 12/31/06 X 2.95 Estimated population as of December 31, 2006 = 4 units brought in by annexation for the period from 1/1/06 to 12/31/06 X 2.95 Estimated population as of December 31, 2006 ACTION REQUESTED This item is informational in nature. 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City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us )-F TO: Mayor, Councilmembers, City Administrator(g FROM: Jennifer Collova, Natural Resource Specialis~ SUBJECT: 2006 Stormwater Survey DATE: January 16, 2007 ACTION REQUESTED Information only BUDGET IMPACT None. Below is a summary of past and current costs. Year Number of Surveys Returned Cost 2003 420 $2,230 includes printing, mailing and return postage permit 2004 29 negligible - in Bridge newsletter 2005 18 negligible - in Bridge newsletter 2006 62 $1,365.25 includes web service and marketing promotion DISCUSSION Per the City of Farmington's Storm Water Pollution Prevention Program (SWPPP) under the National Pollutant Discharge Elimination System (NPDES) General Permit, the City is required to survey residents regarding their knowledge and practices related to stormwater. In 2006, the City decided to use a web-based survey (with paper copies available upon request). 62 individuals signed on to take the 2006 Stormwater Survey. Below is a summary of resident responses. . 44% of respondents have fertilizer applied to their lawn 2 - 3 times per year but only 10% have herbicides or insecticides applied the same amount oftimes. The majority (44%) don't apply any insecticides or herbicides. . Residents who have excess fertilizer, insecticide or herbicide will most likely (43%) store the remainder until the following year. Other residents will continue to add the excess to the lawn or bring leftovers to a collection drop off site. . 33% of residents will leave extra grass clippings and leaves on their lawn while 27% compost the debris and 21 % use it as mulch. Only 6% of residents responded that they threw grass and leaves in the garbage. . During the summer months 58% of respondents claim they use a car wash to clean their vehicle. 33% wash the car in the driveway or street and 8% use the lawn. . Various responses were given when asked where the water that flows into storm drains in the street goes. Some of the answers included; 23% pond, 10% Vermillion River, 6% waterway or creek, and 15% did not know. . Our residents believe that wetland buffers provide a natural habitat for wildlife (90%), filter chemicals that pollute water (71 %), and flood control (71 %). . 71% of respondents feel that the water quality in Farmington's creeks and wetlands is very important. 23% find it somewhat important, 2% are indifferent and 4% do not think it is important at all. Responses, tips and information pertaining to the survey questions will appear in subsequent issues of the Bridge. Respec,tfully submitted, r~,J~/ // . / r~?t({) 0.p~ Jennifer Collova Natural Resource Specialist cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7:J FROM: Mayor, Council members and City Administrator@ Tina Hansmeier, Economic Development Specialist TO: SUBJECT: School and Conference DATE: January 16, 2007 INTRODUCTION Community Development and Finance staff are planning to attend the Ehlers & Associates 2007 Public Finance Seminar entitled 'financial Fitness... Personal Training for Healthy & Vibrant Communitiesll. DISCUSSION This annual seminar focuses in the areas of Tax Increment Financing, Public Finance and Development. The seminar will be held at the Earle Brown Heritage Center in Brooklyn Center on Thursday, February 1 and Friday, February 2, 2007. BUDGET IMPACT Cost of the seminar is $215.00/person. Funds are budgeted in Community Development and Finance to cover this expense. ACTION REQUESTED Approve school and conference request to attend the Ehlers & Associates 2007 Public Finance Seminar to be held in Brooklyn Center on February 1 and 2, 2007 for Community Development and Finance staff. Respectfully submitted, [~h ' ~i~( IL(C?r;CY1lcSlIZ( lC C' Tina Hansmeier Economic Development Specialist City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /h TO: Peter Herlofsky, City Administrator (j Tim Pietsch, Fire Chief FROM: SUBJECT: School and Conference DATE: 1/15/2007 INTRODUCTION Arrowhead EMS Conference, Duluth, MN. DISCUSSION One member of the Farmington Rescue Squad has signed up to attend this annual conference. Terry Verch has signed up for the general conference on Saturday and Sunday, 1/20/07- 1/21/07. BUDGET IMPACT The 2007 budget provides adequate funding for this request. The funding would come out of the training portion of the budget, category 1061-6470. The registration fee is $155.00 for both days. Rooms will run $194.36 for 2 nights. Mileage will be around 365 miles round trip, $177.00. ACTION REQUESTED Approve Fire Chiefs request to send this member to the annual conference. Respectfully ~ubmitted, ~ ~~J I ..A"':" ~/VJA-./' 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 // ~ TO: Mayor, Council Members and City Administrator@ FROM: Tim Pietsch Fire Chief SUBJECT: Schools and Conferences DATE: 1-15-07 INTRODUCTIONI DISCUSSION Fire Marshal, John Powers has been asked by the Department of Homeland Security (DHS) to participate in the peer grant review process for the Fire Act-Prevention Grant program. The (DHS) depends on subject experts to analyze requested projects and award funds to worthwhile projects in fire prevention. Farmington Fire Department has received two grants from this program in the past two years. In reviewing grants, this would provide great background for future grant application opportunities. The program will be held February 12-16 at the National Fire Academy in Emmitsburg, MD. BUDGET IMPACT The cost is entirely taken care of by the Department of Homeland Security. ACTION REQUESTED Approve the conference for Fire Marshal Powers. Respectfully submitted, ~1 - cFr" uI- ,/V)~ r ,~.l 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 ). o TO: Mayor, Councilmembers, and City Administrator@' FROM: Brenda Wendlandt, Human Resources Director SUBJECT: School and Conference - Human Resources DATE: January 16,2007 INTRODUCTION The National Public Employers Labor Relations Association (NPELRA) annual training conference will be attended, by the Human Resources Director, Sunday through Thursday, April 22nd through April 26th in Scottsdale, Arizona. DISCUSSION The NPELRA annual conference provides Human Resource professionals the opportunity to attend seminars on the latest developments in labor relations and human resource management. The conference is designed to increase the skills and knowledge of the participants through continuing education. It is also an opportunity for attendees to participate in peer discussions about the challenges employers face in today's economy. A copy of the conference schedule is attached. BUDGET IMPACT If registration is postmarked by February 28, 2007, the cost of the conference is $475.00. It is anticipated that the costs for transportation, meals and lodging will be approximately $1500.00. This amount is provided for in the 2007 budget. ACTION REQUESTED For information only. Respectfully submitted, , ,./,' ,'; UL_/ t_r): /' /- ? Brenda Wendlandt, SPHR Human Resources Director 1 cc: file (}q.+~Crh 4i~ ay - April 22, 2007 1: 15 p.m. - 4:00 p.m. Concurrent Workshops - _ 3:00 p.m. NPELRA Golf Tournament "Breakthrough Communication In a Deadlocked World" - 4:00 p.m. Academy I: The Foundation of labor Relations "Best Practices In Investigations" "From Setting the Tone to Ratification: Creative Negotiations for Public Sector Employers" 6:00 p.m. - 10:00 p.m. Western Evening and BBQ at Pinnacle Peak Patio - 4:30 p.m. Pre-Conference Workshop sponsored by IPMA-HR "Performance-Based Pay and Performance Management" Conference Registration First Timer's Reception (By Invitation) Welcome Reception - 5:30 p.m. .-6:30 p.m. . - 8:30 p.m. Clay - April 23, 2007 . - 9:30 a.m. Networking Continental Breakfast - 4:30 p.m. Conference Registration - 4:30 p.m. Technology & Exhibit Area - 9:00 a.m. President's Welcome - 10:00 a.m. Plenary Session - "Global Issues: labor Relations in the 21 st Century" ',,,~ - 1 0:30 a.m. Continental Breakfast for Registered Guests , - 11 :45 a.m. Plenary Session - "Contract language, The Good, The Bad, The Ugly" .m. - 1: 15 p.m. Annual Awards luncheon - 2:45 p.m. Concurrent Sessions - "When labor or Management Hove Gone Too For" "Enhance Your Retirement: The latest on Deflned Beneflt Plans Versus Contribution Plans" "How to Execute Succession Planning Effectively in Government" "Coaching Employees: Helping People Know When It's Time To leave" .m. - 4: 15 p.m. Concurrent Sessions - "Fitness for Duty: The Drug Free Workplace" "Employer Collaboration in the Delivery of Employee Benefits: Size Matters!" "Mandatory, Permissive or Illegal? Can You or Can't You? Do You Have to? Do They Have to?" , ay - April 24, 2007 a.m. - 8:00 a.m. Yoga for Bargainers am. - 9:30 a.m. Networking Continental Breakfast ''''am. - 4:30 p.m. Conference Registration a.m. - 4:30 p.m. Technology & Exhibit Area a.m. - 10: 15 a.m. Plenary Session - "The latest on the FlSA" o o.m. - 11 :45 a.m. Plenary Session - "Creating Trust Through Conflict" ~S a.m. - 1 :00 p.m. lunch On Your Own j; State President's lunch (By Invitation) Wednesday - April 25, 2007 7:00 a.m. - 8:00 a.m. NPElRA Walk / Run 7:30 a.m. - 9:30 a.m. Networking Continental Breakfast 7:30 a.m. - 12:00 p.m. Conference Registration 9:00 a.m. - 10: 15 a.m. Plenary Session - "How to Keep People from Pushing your Buttons" 10:30 a.m. - 11 :45 a.m. Concurrent Sessions - "To Catch a Thief" "Creating a Culture of Health Consumerism: Marketing to our Employees" "Performance Management in Public Sector labor Relations and Human Resources" "It's What You Say and How You Say It" 11 :45 a.m. - 1: 1 5 p.m. lunch On Your Own State President's Strategic Planning Meeting (By Invitation) I: 15 p.m. - 2:30 p.m. Concurrent Sessions - "I-Pod, Blogging, e-Romance Oh-Myl" "Identity Theft: How Vulnerable Are You?" "Do You Know a Past Practice When You See It?" "Trust Based leadership: Creating Cultural Change" 2:45 p.m. - 4:00 p.m. Concurrent Sessions - "labor Relations Game Show" "Negotiating an Employee Handbook: One Agency's Experience" "What's New With Just Cause?" Thursday - April 26, 2007 8:30 a.m. - 8:55 a.m. Business Meeting 9:00 a.m. - 10: 15 a.m. Plenary Session - "legal Update on Recent Court & Administrative Decisions" 10:30 a.m. - 11 :45 a.m. Closing Session - "Push-Ups for People" Friday - April 27, 2007 9:00 a.m. - 12:00 p.m. Post-Conference Workshop sponsored by Liebert Cassidy Whitmore "Sex, Drugs, & Rock-n-RolI" 7,f City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrato(Jt FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation DATE: January 16, 2007 INTRODUCTION Several boulders were donated and placed in Rambling River Park. DISCUSSION ZNR, Inc. a local contractor graciously donated 11 boulders at a value of $1,152.00. Several of these boulders were placed just south of the parking lot by the tennis courts in Rambling River Park and the remaining boulders were placed just east of the parking lot by Feely Fields in Rambling River Park. These boulders were used as landscape amenities. Staffwill communicate the City's appreciation on behalf of the Council to ZNR, Inc. for their generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of 11 boulders valued at $1,150.00 from ZNR, Inc. .R~t1, tful.ly S~ubmitted . I () ~ ~ ~ R ndy Distad Parks and Recreation Director RESOLUTION No. ACCEPTING DONATION OF 11 BOULDERS AT A VALUE OF $1,152.00 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January, 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, ZNR, Inc. has donated 11 boulders at a value of $1,152.00 to the City; and, WHEREAS, it is required by State Statute and in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington hereby accepts with gratitude the generous donation of 11 boulders at a value of$1,152.00 to the City from ZNR, Inc. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January 2007. Mayor Attested to the _ day of January, 2007. City Administrator SEAL 7L. 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' Randy Distad, Parks and Recreation Director FROM: SUBJECT: Adopt Resolution Accepting Donation from Rotary Club of Farmington to the Rotary Club of Farmington Parks and Recreation Youth Scholarship Program DATE: January 16, 2007 INTRODUCTION Previously the City Council approved the Rotary Club of Farmington's proposal to provide annual sponsorship of the youth scholarship program. DISCUSSION The following comparison shows that the number of scholarships granted in 2006 has grown from what was approved in the first year of the scholarship program in 2003. Year 2003 2004 2005 2006 Number of Scholarships Provided 15 24 28 67 Total Cost of All Scholarships $505.00 $671,00 $1,566.00 $2,523.00 Thanks to the Rotary Club of Farmington's commitment to sponsor the youth scholarship program you can see many youth in the community benefited from this sponsorship in 2006. The Rotary Club of Farmington will be paying $2,373.00 towards the final cost ofthe youth scholarship program. The remaining $150.00 will be paid from a donation made by the Farmington Youth Athletic Association, which the City Council previously accepted in 2006. ACTION REQUESTED Adopt the attached resolution accepting the generous donation of $2,373.00 from the Rotary Club of Farmington to cover costs associated with the 2006 Rotary Club of Farmington Parks and Recreation Youth Scholarship Program. R~spectfully l:W'tt,ed ') - ~/~~~ ' , Randy Dis~ad Parks and Recreation Director RESOLUTION No. ACCEPTING $2.373 DONATION TO THE ROTARY CLUB OF FARMINGTON P ARKS AND RECREATION YOUTH SCHOLARSHIP PROGRAM FROM THE ROTARY CLUB OF FARMINGTON Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January, 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, a donation of$2,373 has been given to the Rotary Club of Farmington Parks and Recreation Youth Scholarship Program by the Rotary Club of Farmington; and, WHEREAS, it is required by State statute and it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of $2,373 from the Rotary Club of Farmington. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January 2007. Mayor Attested to the _ day of January 2007. City Administrator SEAL /h-] 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@ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Park Signage Purchase DATE: January 16,2007 INTRODUCTION/ACTION REQUESTED The City has been replacing its old wooden park signs with new poly resin park signs that are much more durable and virtually maintenance free. As a result no action is being requested. This memo is for informational purpose only. DISCUSSION In the past three years, four to six parks have had new signs installed. This year park signs will be ordered in the following manner: · Dakota County Estates Park: one large 3 x 5 foot sign with two 6 inch x 6 inch 54 inch long posts (sign attached to the sides of the post, which is the same as the order in 2006) · Daisy Knoll Park: one large 3 x 5 foot sign with two 6 inch x 6 inch 54 inch long posts (sign attached to the sides of the post, which is the same as the order in 2006) and four (4) small park trail entry signs measuring 30 inches by 18 inches attached to one 6 inch x 6 inch post that is 60 inches in length. · Westview Park: one small park trail entry sign measuring 30 inches by 18 inches that will be attached to one 6 inch by 6 inch post that is 60 inches in length. The cost of all signs ordered including shipping and tax will be $9,523.23 BUDGET IMPACT The approved 2007 Park Improvement Fund Budget identified funding for the purchase of these new park signs Re,speClfulIY Sub~il~, /J .,;?~~ !J~ Randy Distad, Parks and Recreation Director cc: Don Hayes City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7J7 TO: Mayor, Councilmembers and City Administrator\? FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Vermillion River Longbeards DATE: January 16, 2007 INTRODUCTIONIDISCUSSION The Vermillion River Longbeards are requesting a Gambling Event Permit for a silent auction and raffle to be held at the Farmington Eagles Club. Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been received and reviewed, along with the appropriate fees. BUDGET IMPACT Gambling permit fees are included in the revenue estimates ofthe 2007 budget. ACTION REQUESTED Approve the attached Resolution granting a Gambling Event Permit to the Vermillion River Longbeards at the Farmington Eagles Club, 200 Third Street, on March 29,2007. Respectfully submitted, ',/ ~ - /2 II l - ~cy~ { (. ~Nd(.</~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -07 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR VERMILLION RIVER LONGBEARDS Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Vermillion River Longbeards have submitted an application for a Gambling Event Permit to be conducted at the Eagle's Club, 210 3rd Street for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Vermillion River Longbeards to be conducted at the Eagle's Club, 210 3rd Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January 2007. Mayor day of January 2007. Attested to the City Administrator SEAL )0 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Councilmembers, City Administrator<~ v ' 'C /' ../ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - 2007 Joint Powers Agreement for Street Contracting Services DATE: January 16, 2007 INTRODUCTION The last three years, the Council has authorized the City to complete the annual seal coat and crack sealing improvements through a Joint Powers Agreement administered by the City of Burnsville. Other cities included in the Joint Powers Agreement include Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Mendota Heights, and West Saint Paul. DISCUSSION The City of Burnsville will submit the Joint Powers Agreement at their January 16, 2007 Council meeting (See attached Joint Powers Agreement). The City attorney has reviewed this agreement. BUDGET IMPACT The total estimated project cost for the 2007 Seal Coat project is $209,830. The crack sealing is a part of the City's annual street maintenance budget. ACTION REQUESTED Adopt the attached resolution authorizing the City to enter into the Joint Powers Agreement administered by the City of Bumsville for the seal coat and crack sealing improvements for 2007. Respectfully submitted, ~mm~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -07 JOINT POWERS AGREEMENT PROJECT 07-01, 2007 SEAL COAT 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 16th day of January 2007 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the City Council adopted the 16th day of January authorized the City to complete the 2007 Seal Coat and crack sealing improvements as part of the Joint Powers Agreement administered by the City of Burnsville; and, WHEREAS, said Joint Powers Agreement was submitted to the City Council of Burnsville on January 16,2007. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. That the 2007 Seal Coat and crack sealing improvements will be completed as part of the Joint Powers Agreement administered by the City of Burnsville. 2. The Mayor and the City Administrator are hereby authorized to execute the Joint Powers Agreement with the City of Burnsville. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day ofJanuary 2007. Mayor Attested to the day of January, 2007. City Administrator SEAL City of BURNSVILLE 952-895-4400 100 Civic Center Parkway · Burnsville, Minnesota 55337-3817 www.burnsville.org December 15, 2006 Mr. Mike Glewwe City of Apple Valley CMF 6442 140tl1 Street West Apple Valley, MN 55124 Mr. Tom Struve City of Eagan 3501 Coachman Point Eagan, MN 55122 Mr. Bruce Loney City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Mr. Don Volk City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Mr. Rich Lonnquist City of Rosemount 2875 145th Street West Rosemount, MN 55068 Mr. Al Wiita City of Savage 6000 McColl Drive Savage,MN 55378 Mr. Steve Albrecht City of Prior Lake 17073 Adelmann St. SE Prior Lake, MN 55372 Mr. Dave Sanocki City of Farmington 325 Oak Street Farmington, MN 55024 Mr. Matt Saam City of West St. Paul 1616 Humbolt Ave. West St. Paul, MN 55118 Ms. Sue McDermott City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: 2007-2008 JOINT POWERS AGREEMENT FOR TRAFFIC MARKINGS, STREET SWEEPING, CRACK SEALG, SCREENING AND SEAL COATING '-". JointP sGroup: \.. );;-1/~ . ~/' j."'. v v Enclosed is a copy of the Joint Powers Agreement (JPA) for the joint bidding on the above referenced items. This Agreement includes the sliding scale percentage for the actual construction cost for each City. The City of Bumsville collects this cost to cover coordination, legal and administrative costs. This will be billed to each City at the end of the year. Please call or e-mail and indicate if you wish to participate in the 2006-2007 JP A, and also place this Agreement on an early agenda for your Council's action. After Council action, please sign the JPA for your City and return the original to me at the Bumsville Engineering Department. Our City Council is considering the JPA on January 16,2007, with the bid opening on February 23,2007. I will be calling in two weeks to get the necessary quantities or you can e-mail them to me by January 5,2007, Also, enclosed is a copy of the 2007-2008 schedule and last year's abstract for your review. If you have any questions, comments or suggestions, please feel free to call me at (952) 895-4541. Sincerely, CITY OF BURNSVILLE i , \ t i', ". "" ."--"/......... ./,0,,"- ,,,....... L, ___________ Cleve Crowningshield Engineering Department Cleve. Crowningshield@ci.bumsville.nm.us , . Enclosures: Joint Powers Agreement 2007-2008 Schedule 2006-2007 Abstract JOINT POWERS AGREEMENT 2007-2008 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE, ROSEMOUNT, SAVAGE, PRIOR LAKE, SHAKOPEE, FARMINGTON, MENDOTA HEIGHTS AND WEST ST. PAUL AGREEMENT made this 16th day of January, 2007, by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Fannington, Mendota Heights, and West St. Paul. RECITALS This agreement is made pursuant to the authority conferred upon the paliies pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lalce, Shakopee, Fannington, Mendota Heights and West St. Paul utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other provisions of this agreement, Burnsville shall prepare allY plans, specifications, bid proposals alld advertise for bids for the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. 2. Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Fannington, Mendota Heights, and West St. Paul shall provide to Bumsville the estimated quantities for these services in each respective community, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Famlington, Mendota Heights and West St. Paul and upon their approval, award the contract pursuant to State Law. Joint Powers Agreement Page 2 4. Each city shall be responsible for: . Preparing maps showing the proposed locations for these services including estimating the quantities. . Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. . Inspecting the contractor's work, measuring the quantities of work perfonned, approving and certifying the progress or final payments to the contractor. . Pay a percentage of actual construction cost to City ofBurnsville for legal and administrative cost on a sliding scale basis as follows: $0 - $50,000 - 2% $50,000 - $100,000 - 1.5% Over $100,000 - 1.0% 5. In accordance with the specifications, the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Fannington, Mendota Heights and West St. Paul each ofthem, indelmrify, save, and hold haimless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or perfonnance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights and West St. Paul further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asseliing ffilY claim of whatsoever character arising hereunder. Joint Powers Agreement Page 3 7. This agreement can be temunated on the part of any individual city by giving sixty (60) days notice to the other cities; otherwise the agreement will automatically tenninate on March 15, 2008. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVlLLE BY: Mayor Elizabeth B. Kautz DATE: BY: City Manager Craig L. Ebeling CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor DATE: BY: Clerk CITY OF LAKEVlLLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk CITY OF SAVAGE BY: Mayor DATE: BY: Clerk Joint Powers Agreement Page 4 CITY OF PRIOR LAKE BY: Mayor DATE: BY: Clerk CITY OF SHAKOPEE BY: Mayor DATE: BY: Clerk CITY OF FARMINGTON BY: Mayor DATE: BY: Clerk CITY OF MENDOTA HEIGHTS BY: Mayor DATE: BY: Clerk CITY OF WEST ST. PAUL BY: Mayor DATE: BY: Clerk 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 (1 FROM: Todd Reiten, Assistant Director of Public Works ~ SUBJECT: Approve Curbside Cleanup Day Agreement DATE: January 16, 2007 INTRODUCTION & DISCUSSION Curbside Cleanup Days begin on Saturday, April 21 and end on Saturday, May 19, 2007. Dick's Sanitation, Inc. (DSI) will be providing trucks and labor to remove furniture, mattresses, and household garbage per the contract extension. To reduce costs of the Curbside Cleanup Day program, it was proposed that tires and electronics would be dropped off at the Maintenance Facility on two Saturdays during the Curbside Cleanup Days and the City would contract directly with an appliance recycler. Certified Recycling, L.L.C. has agreed to collect and recycle appliances and electronics at reasonable rates, which will allow the continuation of curbside electronics pick up, and the only visible change to residents will be the drop off for tires. BUDGET IMP ACT The cost to have appliances picked up will be $20/each, and electronics will be $.31/pound. The total cost will not be determined until collections are completed in May. Funding for Cleanup Day is included in the Solid Waste operations budget. RECOMMENDATION Approve the attached agreement with Certified Appliance Recycling, L.L.C. for recycling appliances and electronics for Curbside Cleanup Days 2007. Respe~tfully S~bj~' .:;; ~-:l-ctZJ ( I Todd Reiten Assistant Director of Public Works cc: file Jan. 2. 2007 10:15AM CERTIFIED RECYCLING No.1562 P.2/3 Certified Appliance Recycling, L.L.e. 14305 Ewing Av. Burnsvll/e, MN 55306 Offree: (952) 894~1448 Fax: (952) 224-9055 This is th~ form to schedule and reserve your Spring and Fall Clean-Up. Please complete this form and mail or fax ASAP to reserve your date. City: Farmington Dept: Public Works Department Contact Person: Senno Klotz Office Address: 19650 Municipal Dr. Fa~ing~on, Mh. 55024 Collection Dates : April 21 and 28, 2007 and May 5, 12, and 19, 2007 Collection Site Address: City of Farmington curbside collection Additional Instructions: 2007 price schedule If your city is signing up to do: Appliances: $20.00 per piece and ~Iectronics @ $ .31 per pound. Ammonia refrigeration will be charged at the rate of $250.00 per unit. Accepted for Customer: Date: Title: Accepted for Certified Appliance Recycling, L.L.C.: Bill Weberl ~~ Title: President/Owner Date: December 28, 2006 ' PAGE 1 Jan. 2, 2007 10:15AM CERTIFIED RECYCLING No.1562 P,3/3 Certified Appliance Recycling, L.L.c. 14305 Ewing Ave. Burnsville, MN 55306 Office: (952) 894-1448 Fax: (952) 224-9055 Appliances will include, but not be limited to: Air Conditioners, Dehumidifiers, Dishwashers, Dryers, Freezers. Furnaces, Garbage Disposals, Heat Pumps, Humidifters, Microwaves, Refrigerators, Stoves, Trash Compactors, Washers, water softeners, and water Heaters. Appliances will be in a square (non- compacted) condition and will not contain food, debris, or other foreign materials. Certified Appliance Recycling, L.L.C., retains the right to refuse any appliance(s) deemed to be in such compacted or destroyed condition which prevents the proper removal of hazardous wastes and/or refrigerants according to law. This proposal includes AMONIA REFRIGERAT10NIII Electronics will include; televisions, cpu, monitors, keyboards. printers, copiers, fax machines, answer machines, speakers, CB ra.dios,. telephones, calculators, cell phones, standard phones, electronic games, radios, stereo equipment, vcr's, dvd players, typewriters, scanners, and any other electronic devices, Certified Appliance Recycling, L.L.C" (RECYCLER) is solely responsible for the safe removal of all PCB's, Mercury, CFC's, appliance metals, and other hazardous wastes, according to Federal law and the laws of the State of Minnesota. The Recycler shall secure and maintain all necessary PERMITS and APPROVALS necessary to process said appliances. The Recycler will also provide any necessary CERTIFICATES OF INSURANCE to the Customer, prior to the start of work. INSURANCE shall remain in effect at all times and not be materially changed. The Customer shall pay to the Recycler an amount, (per the Quantity Program price, curbside and additional charge) (plus a surcharge for eaGh air conditioner), for each appliance accepted by the Customer and tendered to the Recycler. Any special charges will be agreed to by both parties prior to acceptance by either party. Customer shall pay within 30 days of the invoice date. The Recycler shari INDEMNIFY and HOLD the Customer and its employees HARMLESS from all claims, demands, and causes of action of any kind, character, including the cost of defense thereof, resulting from the acts) omissions of the Recycler; of the organization's respective officers, agents, employees, and/or the individuals receiving benefit from the funds or items exchanged relating to the activities conducted under this agreement. Accepted for Customer: Title: Data: Accepted for Certlf1ed Appliance Recycling, L.L.C.: Bill Weber I Title: PresIdent/OWner Date: CUSTOMER: Keep this original and mail or fax second copy back to Certified Appliance Recycling, L..L.C :PAGE 2 City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, and City Administratov FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation DATE: January 16, 2007 INTRODUCTION The Farmington Rotary Club has graciously donated a new park bench to the City. DISCUSSION The total value of this donation is $1,184.00. The park bench has been installed downtown and adjacent to the Dakota County Library. The Farmington Rotary Club's name will appear on the back of the bench so that they can be recognized for this generous donation. Staff will communicate the City's appreciation on behalf of the Council to the Farmington Rotary Club for their generous donation of this park bench. ACTION REQUESTED Approve the attached resolution accepting the donation from Farmington Rotary Club. :;:ZfUl\y iJ;)J Randy Dttd Parks and Recreation Director RESOLUTION No. ACCEPTING DONATION OF A PARK BENCH AT A VALUE OF $1,184.00 FROM THE ROTARY CLUB OF FARMINGTON Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January, 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Rotary Club of Farmington has donated a new park bench at a value of $1,184.00; and, WHEREAS, it is required by State Statute and in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of a park bench valued at $1,184.00 from the Rotary Club of Farmington. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January, 2007. Mayor Attested to the _ day of January 2007. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Supplemental Agenda DATE: January 16, 2007 It is requested the January 16, 2007 agenda be amended as follows: CONSENT AGENDA Add 7s) Cooler Bids - Economic Development Aw,ard,h'.. .1.,,'.9. for liq ,,/-.,,0 r S.2 tor ,COOle.rZto,. lie Wendler, Welcome Friends. r~ '') ./ ,1' .. .,~ /;'.... --" \, "i /', /,/2 ' Re~~;fu1IY s mitted, 1 Peter J. Herlofsky, Jr. City Administrator 7s 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: Tina Hansmeier, Economic Development Specialist SUBJECT: Cooler Bids DATE: January 16, 2007 INTRODUCTION The City has received a request to purchase the cooler unit currently located in the former downtown liquor store building. DISCUSSION The City, under the Lease agreement with its tenant, has the ability to remove the refrigeration unit currently existing in the former liquor store building. Staff received two bids for the coolers. Please see details below. Bid One: $5.00 If awarded the cooler would be moved to the location of Welcome Friends Floral and Gifts (300 Oak Street), and utilized for the storage of floral products. The bid takes into consideration the understanding that the cost of removal, which is significant, would be the responsibility of Mrs. Wendler. Bid Two: $1.00 If awarded the cooler would remain in its current location for storage of miscellaneous items. ACTION REQUESTED Per the above information, staff recommends to award the coolers to the top bidder, Julie Wendler of Welcome Friends. Respectfully submitted, Ie. \W~*. \,') ~ L:/')(:fle.iC L,} i-' ~) Tina Hansmeier Economic Development Specialist 'Oc<- 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: Lisa Shadick, Administrative Services Director SUBJECT: Consider Resolution - Designating Farmington Heritage Landmarks DATE: January 16, 2007 ACTION REQUESTED Adopt a resolution designating the Cadwell House, 409 Spruce Street, and the Thelen House, 509 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 two properties were designated at the December 4, 2006 City Council Meeting. The next two residential properties to be designated are: . The Cadwell House, 409 Spruce Street . The Thelen House, 509 Oak Street The HPC has determined that the properties at 409 Spruce Street and 509 Oak Street meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-11-4(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, cL - ), ii, I ,- ~ /C)LH',--- 01 .Yf/vtc!'<<f: Lisa Shadick Administrative Services Director cc: Renae Auge, 409 Spruce Street David and Kathleen Thelen 509 Oak Street Robert Vogel, HPC Consultant HPC Members RESOLUTION NO. R -07 DESIGNATING THE CADWELL HOUSE, AND THE THELEN 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 16th day of January 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 Cadwell House, and the Thelen House, meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-1l-4(A); and, WHEREAS, the Heritage Preservation Commission has submitted documentation supporting Heritage Landmark designation of the Cadwell House, and the Thelen 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 January 16, 2007. NOW, THEREFORE, BE IT RESOLVED that: 1. The Cadwell House, and the Thelen House are designated as Farmington Heritage Landmarks. 2. The Cadwell House, and the Thelen 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 16th day of January 2007. Mayor Attested to the day of January 2007. City Administrator SEAL HERITAGE LANDMARK PLANNING REPORT CADWELL HOUSE, 409 SPRUCE STREET Prepared by Robert C. Vogel Preservation Planning Consultant August 2006 INTRODUCTION This report documents the historical and architectural significance of the heritage resource known as the Cadwell House, 409 Spruce Street. The report describes the property and makes the case for its 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 Cadwell House. It is commonly known as the Auge House. Property Owner. Renee A. Auge. Location: 409 Spruce Street; Lot 9, Block 21, Town of Farmington. HPC Determination of Eligibility: The Farmington HPC evaluated the Cadwell House 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 Cadwell House is considered a historic building. Historic and Current Function/Use: Single-family residence. DESCRIPTION Architectural Classification: The Cadwell House is an example of the American Foursquare Cottage heritage resource type. Heritage Landmark Planning Report, 409 Spruce Street - 1 Boundaries: The boundaries of the proposed heritage landmark are those of the parcel historically associated with the Cadwell House. Narrative Description: The Cadwell House is a two story, frame, American Foursquare Cottage type dwelling. It has a modified rectangular plan, a hip roof, dormers, and a front porch. The exterior walls are finished with narrow-reveal clapboard siding and the roof is covered with composition asphalt shingles. The raised basement walls are concrete block, as are the front and back porch footings. The enclosed front porch spans the full width of the fagade and has siding and trim that matches the body of the house. A one-and-one-half story, hip roofed bay on the west side of the house contains the basement entry door and stairway. Gabled attic dormers are centrally placed on the front and side elevations; the front- facing dormer has a Palladian window, while the others have casement "bungalow" windows. Fenestration is symmetrical, with double-hung windows arranged singly and in pairs; some of the original windows have been replaced with aluminum combination sash. There is a one story addition on the back of the house, covered by a low-pitch hip roof. The house has a conventional floor plan characterized by roomy interior spaces and finely crafted woodwork. In terms of stylized decoration, the overall impression is somewhere between Colonial Revival and Craftsman. The primary historic character-defining features of the house are its boxy, cubic proportions, the flat-topped pyramidal hip roof, and the spacious front porch. The massed plan provides for a spacious living room, dining room, and kitchen on the main floor, with four good-sized chambers on the upper floor. Wide bands of trim (between the roof from the body of the house and between the first and second floors) visually reinforces its strong geometric form. The dormers help to lighten the mass of the house; along with the overhanging eaves, narrow fascia molding, and exposed rafters, their visual effect is to reduce the vertical pull of the pyramidal hip roof. The eaves of the dormers echo the detailing on the main roof. The front porch (originally open, now enclosed) helps to offset the cubic proportions of the house; the high proportion of window glazing to siding also lightens the visual effect of what would otherwise be a boxy, solid looking facade. The porch windows and trim boards also compliment the picturesque character of the Palladian front dormer window and the brick sidewall fireplace chimney. 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 slightly larger than standard-sized (.23 acre) lot. A contemporary frame, two-car garage is set on the alley to the north of the house. The house has been undergoing fairly extensive exterior renovation (2002-06) and is in a good state of preservation. Heritage Landmark Planning Report, 409 Spruce Street - 2 EVALUATION Applicable Heritage Landmark Criteria: The Cadwell House is eligible for Heritage Landmark designation because it embodies the distinctive characteristics of the American Foursquare Cottage heritage resource type. It is also historically significant for its association with the broad pattern of early residential development in the Oak Street neighborhood. Local Historic Context: The Cadwell 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 Cadwell House is significant in the areas of architectural history (vernacular) and neighborhood heritage (Oak Street). Period of Significance: The Cadwell House attained historical significance qualifying it for Heritage Landmark designation when it was built in circa 1920. 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 Cadwell House is a product of the "suburban cottage movement" in American architectural history and is a notable, well preserved example of the American Foursquare vernacular house type. Contextually, it relates to the early development of Farmington's oldest residential neighborhood and represents the theme of vernacular domestic architecture. American Foursquare (sometimes referred to as the "Prairie Box" or the "Corn Belt Cube") is the generic term used to describe several related cottage forms that were popular in Farmington from the late 1890'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 Heritage Landmark Planning Report, 409 Spruce Street - 3 stylish architectural features and high-grade construction materials to match their personal tastes and finances. Early vernacular cottages were based on traditional folk architecture 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 like the American Foursquare 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 post and balustrades, oriel windows, sawn shingle siding, and leaded glass. Needless to say, the overwhelming majority of the suburban cottages in Farmington were built by local carpenters or contractors without any participation from architects. American Foursquare cottages built in Farmington village and on surrounding farms usually have a simple cubic shape and are two or two-and-a-half stories in height, with a pyramidal-hipped or intersecting gable roof, one or more dormers, and full-width porches. Wood, brick, or stucco sided, their boxy foursquare shape provide roomy interiors. Farmington home builders sometimes dressed up the basic foursquare cottage with decorative detailing borrowed from Queen Anne, Colonial Revival, or Craftsman styles. The epitome of the vernacular cottage building tradition, the Foursquare was also a thoroughly modern type of house: the plan and materials reflected the functions and technologies as well as the aesthetics of Post-Victorian domestic life, including large kitchens and sitting rooms, formal dining rooms, screened sleeping porches, central heating, and indoor plumbing. Not surprisingly, the Foursquare Cottage enjoyed considerable popularity among Farmington home builders during the great building boom of 1896-1929. The foursquare was also a favorite of mail order catalog home builders such as Sears, Roebuck & Co. Property tax records give 1920 as the date of construction for 409 Spruce Street. The Sanborn fire insurance map of Farmington published in 1899 shows a small house at the location now occupied by the Auge home. The 1917 Sanborn map shows a vacant lot; the next fire insurance map in the series, published in 1928, shows the present house. Claude Cadwell, who is presumed to have been the original owner of the house, was an insurance agent with an office in Farmington, according to commercial directories published in the 1920's. Little is known about Cadwell, his family, and subsequent occupants of the house. Heritage Landmark Planning Report, 409 Spruce Street - 4 BIBLIOGRAPHY Dakota County Assessor. Property appraisal card for 409 Spruce Street (PIN 14- 77000-090-21). Dakota County Government Center, Hastings. Sanborn Map Co. Fire insurance maps of Farmington, MN, 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 409 Spruce Street 2) Photographs (May 2006) showing the principal and east side elevations and the upper facade. Heritage Landmark Planning Report, 409 Spruce Street - 5 . . . Co ri ht @ 2006. Dakota Cou SPRUCE,ST 409 Spruce Street . . . . . . HERITAGE LANDMARK PLANNING REPORT THE THELEN HOUSE, 509 OAK STREET Prepared by Robert C. Vogel Preservation Planning Consultant August 2006 INTRODUCTION This report documents the historical and architectural significance of the property commonly known as the Thelen House, 509 Oak Street. The report makes the case for the property's eligibility for designation as a Farmington Heritage Landmark pursuant to ~2-11-4 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 Thelen House. Property Owners: David R. and Kathleen A. Thelen. Location: 509 Oak Street; part of Block 6, Humphrey's Addition. HPC Determination of Eligibility: The Farmington HPC has evaluated the house at 509 Oak Street 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 Thelen House is considered a historic building. Historic and Current Function/Use: Single-family residence. DESCRIPTION Architectural Classification: The Thelen House is an example of the Folk Victorian Cottage heritage resource type. Heritage Landmark Planning Report, 509 Oak Street - 1 Boundaries: The boundaries of the proposed heritage landmark are those of the parcel historically associated with the property. Narrative Description: The Thelen House is a two story, frame, Folk Victorian Cottage type dwelling. It has an irregular round plan, hip and gable roofs, and a front porch. The exterior walls are finished with wide horizontal aluminum siding and the roof is covered with composition asphalt shingles. The basement walls are rusticated concrete block. The open, spacious front porch spans the full width of the fa<;ade and has square posts; the porch siding and trim match the body of the house. The gabled front wing features a two-story cut-away bay with angled side walls. There is a two story addition on the back of the house, covered by a gable roof, and a back porch. In terms of stylized decoration, the house exhibits mildly Queen Anne Style influenced detailing. The primary historic character-defining features of the house are its boxy, cubic proportions, the gabled and pyramidal hip roofs, and the spacious front porch. The floor plan provides for a front parlor or sitting room with a bay window, dining room, and kitchen on the main floor, with good-sized chambers on the upper floor. The front porch helps to lighten the visual effect of what would otherwise be a boxy, solid looking facade. Some original ornamentation may have been removed when the house was re-sided in the early 1970's. 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 (.31 acre) lot. A contemporary styled garage with a hip roof that compliments the house is set on the back of the lot, northeast of the house, with a gravel driveway onto Oak Street. The house is in a good state of preservation. EV ALUA liON Applicable Heritage Landmark Criteria: The Thelen House is eligible for Heritage Landmark designation because it embodies the distinctive characteristics of the Folk Victorian Suburban Cottage heritage resource type. It is also historically significant for its association with the broad pattern of residential development in the Oak Street neighborhood. Local Historic Context: Subject property was evaluated within the local historic context, "Residential Neighborhoods, 1865 to 1950," delineated in the city's 1995 historic context study. Heritage Landmark Planning Report, 509 Oak Street - 2 Area(s) of Significance: The Thelen House is significant in the areas of architectural history (vernacular) and neighborhood heritage (Oak Street). Period of Significance: The Thelen House attained historical significance qualifying it for Heritage Landmark designation when it was built in 1910. 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 Thelen House is a product of the "suburban cottage movement" in Farmington's architectural history and shows the influence of both vernacular and Late Victorian period design modes. Contextually, it relates to the early development of Farmington's oldest residential neighborhood and represents the theme of vernacular domestic architecture. Folk Victorian is the generic term used to describe one of the suburban cottage forms that was popular in Farmington from the late 1870's until the early 1900's. These houses 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 style designations 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. Needless to say, the overwhelming majority of these houses were built by local carpenters or contractors without any participation from architects. Suburban cottages built between 1890 and 1920 were usually two stories in height, with a hip or intersecting gable roof, and porches. Farmington home builders sometimes dressed up an otherwise plain vernacular house with decorative detailing borrowed from one of the Late Victorian period styles, usually Queen Anne or Italianate. "Victorian" is a catch-all term for picturesquely styled homes built Heritage Landmark Planning Report, 509 Oak Street - 3 during the reign of Britain's Queen Victorian (1837-1901), but in the rural Midwest the Victorian period styles remained popular up until World War I. The academic Late Victorian period styles (Second Empire, Stick, Eastlake, Queen Anne, Italianate Romanesque) are characterized by their asymmetrical facades, multi- textures walls, and extravagant decorative detailing. Queen Anne, perhaps the most frequently recognized Vernacular style, was particularly flamboyant (and, therefore, less popular in small, rural communities). Vernacular cottages with some Late Victorian detailing, much less elaborated than high-styled specimens, are classified as examples of the Folk Victorian type. Folk Victorian cottages in Farmington usually have square, symmetrical shapes and ornamentation is limited to scrolled brackets, bay windows, and occasionally spindlework or flat, jigsaw cut porch trim. Not many Folk Victorian cottages were built in town after 1910. Property tax records give 1910 as the date of construction for 500 Spruce Street and the property is clearly shown on the 1917 and 1928 Sanborn fire insurance maps. Nothing is known about the original owner or the property's possible links to important people and events in Farmington area history. It's heritage preservation value is derived entirely from its significance in architectural history. Subject property is in a good state of preservation. Although it has been altered from its historic appearance by the application of artificial siding, decorative window shutters, and contemporary windows, these changes have not removed or obscured the original plan, form, and structure which are its most important historic character-defining features. BIBLIOGRAPHY Dakota County Assessor. Property appraisal card for 509 Oak Street (PIN 14- 33900-030-06). Sanborn Map Co. Fire insurance maps of Farmington. 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. Heritage Landmark Planning Report, 509 Oak Street - 4 ADDITIONAL DOCUMENTATION Included as attachments: 1) Map showing the location of 509 Oak Street. 2) Photography (July 2006) showing front and side elevations. Heritage Landmark Planning Report, 509 Oak Street - 5 . . . ~ to r ~ III) OAK.ST ( 4~n \ Co ri ht @ 2006. Dakota Cou 509 Oak Street . .... . 509 Oak Street . . . . ~b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Mepm((fs, I ~ V City Administrator J;l '-''1/') v Lee Smick, AICP - City Planner FROM: SUBJECT: Adopt Resolution - Vacate Drainage and Utility Easement - Centex Homes DATE: January 16, 2007 INTRODUCTION The City has received a request from Centex Homes to vacate drainage and utility easements for two single- family lots in the Charleswood Crossing subdivision. The Developer has submitted easement descriptions (Exhibit A) requesting the drainage and utility easements to be vacated for each lot. Lot 6, Block 2 and Lot 7, Block 2 (Exhibit B) are the requested lots for these actions. DISCUSSION The original grading and drainage plan showed a 20-foot wide easement between Lots 6 and 7 in Block 2 to allow for a storm sewer to be constructed between the lots. However, a redesign of the grading and drainage plan no longer required the need for a storm sewer in this location. The developer did not make the necessary revisions to the final plat and therefore, the easement remained at 20 feet in width on the approved plat (Exhibit C). Since a storm sewer was not constructed between Lots 6 and 7, the engineering division does not see the need for a 20-foot easement and they have agreed that a 10-foot wide easement is acceptable. Therefore, the developer requests to vacate 5 feet on each lot to allow the homeowners of each property to utilize these areas upon approval of the vacation requests. The City Attorney has reviewed and approved the proposed vacations of the drainage and utility easements. ACTION REQUESTED Adopt a resolution to vacate the drainage and utility easements located on Lot 6, Block 2 and Lot 7, Block 2 of the Charleswood Crossing plat. Respectfully submitted" , ---',....... //'" ) .. ~.' " ".. / -</ '-T\~/ ,7)' , ./ i 1'/' '// '-........~...,." \,.. ,/, V ,- Lee SmIck, AIC'p City Planner cc: Centex Homes RESOLUTION NO. R - 07 A RESOLUTION VACATING EASEMENTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January, 2007 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, drainage and utility easements need to be vacated from Lot 6, Block 2 and Lot 7, Block 2 on the Charleswood Crossing plat, and WHEREAS, the City of Farmington has received a request from Centex Homes to vacate the drainage and utility easement legally described on the attached Exhibit "A"; and WHEREAS, it appears that it is in the public interest to vacate the drainage and utility easement legally described on the attached Exhibit "A"; and WHEREAS, pursuant to Minn. Stat. S 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacations requested by the Centex Homes. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington: 1. The drainage and utility easements described and attached hereto as Exhibit "A" are hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January, 2007. Mayor Attested to the _ day of January, 2007. City Administrator SEAL 6.4 CHARLESWOOD CROSSING easement vacations Drainage and Utility Easement to be vacated, Lot 6, Block 2: The Southwesterly 5.00 feet of the Northeasterly 10.00 feet of Lot 6, Block 2, CHARLES WOOD CROSSING, according to the recorded plat thereof, Dakota County, Minnesota, lying southeasterly of the Northwesterly 10.00 feet and northwesterly of the the Southeasterly 35.00 feet of said Lot 6. Drainage and Utility Easement to be vacated, Lot 7, Block 2: The Northeasterly 5.00 feet of the Southwesterly 10.00 feet of Lot 7, Block 2, CHARLES WOOD CROSSING, according to the recorded plat thereof, Dakota County, Minnesota, lying southeasterly of the Northwesterly 10.00 feet and northwesterly ofline drawn from a point on the northeasterly line of said Lot 7, distant 30.04 feet northwesterly of the northeasterly corner of said Lot 7 to a point on the southwesterly line of said Lot 7, to a point distant 35.05 feet northwesterly of the southeasterly corner of said Lot 7. r \ I I II c> 1 r- C" , A //1 /I n \../ r 7 r\ 1 \ L L__ 0 V V \J \J L/ Q ~ 9 8 rCJdotflJg~-,utlfty 1 ~p/tItof ,.? CROSSING r-~tIrly line ;I' 01 LCJt 7 ~ lJ..~ 2 ~x. / ,.-, j5 / / / 1 rn-rorlY -... ,./ oILo 7 / b /lj ...... ...... ...... \l .................. ,I ...... ,I ................. t _ IJrotoogo -' u,::; ...... ...... ...... a::ES~~ '/\C>/lc-'c-'/^ 1'/\ \../1 \ \J00/1 V 1..7 r J l1rrJtI. QlJd tltllty Et1INmfJf/t to be WlCGtect. Lot 6. Block 2: The Southwesterly 5.00 feet of the Northeasterly 10.00 feet of Lot 6. Block 2. CHARLESWOOD CROSSING. according to the recorded plat thereof. Dakota County. Minnesota. lying southeasterly of the Northwesterly 10.00 feet ond northwesterly of the the Southeasterly 35.00 feet of said Lot 6. l1rrJtI. QlJd tltllty Et1INmfJf/t to be WlCGtect, Lot 7, Block 2: The Northeasterly 5.00 feet of the Southwesterly 10.00 feet of Lot 7. Block 2. CHARLESWOOD CROSSING. according to the recorded plat thereof. Dakota County. Minnesota. lying southeasterly of the Northwesterly 10.00 feet and northwesterly of line drawn from a point on the northeasterly line of said Lot 7. distant 30.04 feet northwesterly of the northeasterly comer of said Lot 7 to a point on the southwesterly line of said Lot 7. to a point distant J5.05 feet northwesterly of the southeasterly comer of said Lot 7. , , IJ "~ -~............ 781An1pon1_ --..- _ _.,1. MlC __ TlIU. FIIEE 1__-51. Charleswood Crossing W.11IlIlOOd WWIIU l' ........ FU'IIIfDstoD. MlJuuleota / / / / / / / / / / / / / / / / / / / / / / x '" , ., Sheet: 1 OP 1 Data 91'1S106 ~t VIICIdioIl Sbtdl Bxhiblt A 2001 1111 ESF04,DWG ~ ~ CI) CI) 0 ~.. Et: :~ (.) .. ! ~ ;; Q ~.~ 0....;: 1&1 " o I~ ... ; ~ ~ m ~ ~ Il! 91 (.) ~'- 00 <<: ~..----' ' ~~1 ~~ \9 ' ~ . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOa.. TO: /.., /,11: Mayor, Councilmembers, City Administ!1tor, City Engineer FROM: Joel Jamnik, City Attorney SUBJECT: Adopt Resolution - Approve Development Contract - ISD 192 High School Adopt Resolution - Approve Use of Eminent Domain-Flagstaff Avenue Project DATE: January 16, 2007 INTRODUCTION The Development Contract for the new Farmington Area High School is forwarded herewith for Council's consideration, along with a Resolution approving the use of eminent domain for the Flagstaff Avenue project necessary to meet construction timelines for the High School. DISCUSSION . The preliminary and final plat for the new Farmington Area High School was approved by the City Council on August 21, 2006. The developer's agreement outlines the terms for constructing and financing public improvements necessary to provide public services to the new high school, and is drafted in accordance with the settlement agreement of May 8, 2006 and city ordinances regulating development within the City. The contract has been drafted with the assistance of the City Engineer. It has been reviewed and approved by the School Board at its January 8th meeting. The following are conditions of approval for the development contract: 1. the District enter into this Agreement; and 2. the District provide the necessary security in accordance with the terms of this Agreement; and 3. the District record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. . Under Minnesota's eminent domain laws, one of the first steps that is required is that the City Council pass a resolution authorizing the use of eminent domain for a public project. Both the Settlement and Development Contract contemplate a project completion date for Flagstaff Avenue that requires all right of way acquisition to be completed promptly. While the City has retained Evergreen Land Services with the expectation that they will be able to negotiate all acquisitions within the required time frame, use of eminent domain may be necessary. BUDGET IMPACT The Contract incorporates the Settlement Agreement's provisions requiring the School to promptly pay the City for its costs of constructing the infrastructure necessary to support the school, such as improvements to Flagstaff Avenue, and the City's obligation to seek recoupment of these costs from other benefited properties at the time they develop. ACTION REQUESTED 1. Adopt the attached resolution approving the execution of the Development Contract between Independent School District 192 and the City of Farmington as presented and authorize its signing contingent upon the above conditions. 2. Adopt the attached resolution approving the use of eminent domain for the Flagstaff Avenue project. Respectfully Submitted, /~ ,/(;J ~ ~4 e--J Joel Jamnik City Attorney cc: file RESOLUTION NO. R -07 APPROVE DEVELOPMENT CONTRACT FARMINGTON AREA HIGH SCHOOL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 16th day of January, 2007 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R 94-06, the City Council approved the Preliminary Plat and Final Plat of the Farmington Area High School subject to the conditions set forth by said Resolution, and; WHEREAS, the Development Contract has been drafted in accordance with the Settlement Agreement between the City and Independent School District 192 dated May 6th 2006. NOW THEREFORE, BE IT RESOLVED THAT: 1.) The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the conditions set forth in said Resolution No. R94-06 and the following conditions: a) the District enter into this Agreement; and b) the District provide the necessary security in accordance with the terms of this Agreement; and c) the District record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. and, BE IT FURTHER RESOLVED THAT: 2.) The Mayor and City Administrator are hereby authorized and directed to sign the Development Contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January, 2007. Mayor Attested to this _ day of January, 2007. SEAL City Administrator RESOLUTION NO. R -07 RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 16th day of January, 2007 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the City Council of the City of Farmington does hereby determine that it is necessary and for a public use and purpose to acquire easements over the property identified on the attached Exhibit "A", subject to engineering modifications, if any, for purposes in connection with the Flagstaff Avenue Utility and Street Improvement Project; and WHEREAS, City staff and consultants have and will continue to work with the property owner(s) to acquire the necessary easements; and WHEREAS, the City Council finds that development and construction conditions related to the area make it necessary to acquire title to, and possession of, the easements as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner; NOW, THEREFORE, be it resolved by the City Council of the City of Farmington, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary easements over the property identified on the attached Exhibit "A", subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interest pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and the City Administrator are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4. The City is in the process of obtaining appraisals of the property being acquired. The Council hereby authorizes the City Administrator to approve the appraisals and make formal offers to the property owners subject to City Council's final approval. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January, 2007. Mayor Attested to this _ day of January, 2007. SEAL City Administrator 129379 EXHIBIT A PARCEL PIN PROPERTY PROPERTY 10 NO. NO. OWNER ADDRESS 1 14-01500-01 0-01 Robert J Jr Donnellv 18219 Flaastaff Ave 2 14-01400-011-25 Robert J Jr Donnellv 20080 FlaQstaff Ave 3 14-01500-020-75 Terrence & Deborah Donnellv 18679 Flaastaff Ave 3A 14-01500-030-75 Terrence & Deborah Donnellv 18679 Flaastaff Ave 4 14-01400-012-50 Mark & Terrie Schmidt 18672 FlaQstaff Ave W 5 14-01400-013-50 The Devney Familv LId Ptnrsho 5788 212th StW 6 14-01500-012-75 Robert J Jr Donnellv 20080 FfaQstaff Ave 7 14-01500-010-85 Roaer Duff 6567190th StW 8 14-02200-012-01 Richard 0 Teske 6670 190th St W 9 14-02200-010-01 David L Teske 6690 190th St W 10A 14-02200-018-01 Stephen & Viroinia Hines 19105 FlaQstaff Ave 10B 14-02200-010-02 Matthew Q Ocel 19215 FlaQstaff Ave 11 14-02300-010-25 Robert J Jr Donnellv 19224 Flaastaff Ave 12 14-02200-012-12 Donald W & Cheryl A Haan 19395 Flaastaff Ave 13 14-02200-011-12 J P Pleasant View Farms 20861 Flaastaff Ave W 14 14-02200-012-80 Douglas P & Jannelle Malszvcki 19585 FlaQstaff Ave 14A 14-65750-023-00 Beniamin H Ward 15 14-02200-010-77 David J. Matson 19713 FlaQstaff Ave S 16 14-65750-021-00 Ind School Dist 192 510 Walnut St 14-65750-031-00 Ind School Dist 192 510 Walnut St 16A 14-65750-032-00 Donnellv Farms L TO Ptnshp 20080 FlaQstaff Ave 17 14-02200-011-80 Mildred L Pelach 19867 Flaastaff Ave W 18 14-02200-010-76 Mildred Pelach 19867 Flagstaff Ave W 19 14-02200-010-75 David E Donnellv 6611 200th St W 20 14-02600-012-25 Donnellv Farms L TO Ptnshp 20080 FlaQstaff Ave 21 14-02700-011-01 Donnellv Farms L TO Ptnsho 20080 Flaastaff Ave 22 14-02600-011-25 Donnellv Farms L TO Ptnshp 20080 FlaQstaff Ave 23 14-02700-012-01 Patrick M Donnellv 20491 Flaastaff Ave W 24 14-02600-019-50 Marlo V & Connie A Dahl 20520 FlaQstaff Ave W 25 14-02600-021-50 Darcv A & Pamela J Zehnder 20602 Flaastaff Ave W 26 14-02700-022-90 I ndependent School District #192 421 Walnut St, PO Box 329 27 14-02600-023-50 Ronald L & Diana J Valek 20630 FlaQstaff Ave S 28A 14-02600-020-52 City of Farmington 325 Oak St 28B 14-02600-021-51 NhunQ Thi Tran 29 14-02600-030-51 Bernard Murphv Farms LP 6670 212th St 30 14-02600-012-50 John T & Alexis Glvnn 20850 FlaClstaff Ave W 31 14-02700-021-90 Jav & Patricia Christensen 20861 FlaQstaff Ave W 32 14-02600-015-50 Gerald C & Teresa A Greaorv 20940 Flaastaff Ave 33 14-02600-017-50 Allen J Braun 20970 FlaQstaff Ave 35 14-02700-031-80 David A & Ute S Christopherson 20993 FlaQstaff Ave W 36 14-02600-025-50 Lonnie E & Ruthmarie Greicar 20982 Flaastaff Ave 37 14-03400-030-16 Darlene Savers Tste Pederson 6890 Lakeville Blvd, Lakeville, MN 38 14-03500-011-25 Bernard Murohv Farms LP 6275 Lakeville Blvd W 39 14-03500-010-01 Devnev Family Ldt Ptnrshp 5788 212th St W 40 14-03400-010-12 Brian P Murphy 6670 Lakeville Blvd W 41 14-03500-013-50 Jerome K Jr Schweim 10535175th StW, Lakeville, MN 42 14-03500-014-50 Donnellv Farms L TO Ptnshp 20080 Flaastaff Ave W 43 14-03400-011-75 Brian P Murphy 6670 212th St 44 14-03500-015-50 Robert M & Rita M Rvan 1734 Race St, Saint Paul, MN 45 14-03400-012-75 Brian Paul Murphv 6670 212th St 46 14-03400-013-90 Brian P Murohv 6670 212th St 47 14-03400-010-60 Kathleen M Blair 810 Heron Ave N, Oakdale, MN 48 14-03500-010-26 FarminQton Assemblv of God 6300 212th St W 49 14-03500-010-33 Michael & Kathleen HennaQer 6192 212th StW 50 14-03500-013-30 John M, Devnev 5788 212th St W 51 14-03500-010-35 Robert & Donna Kindseth 6088 212th StW 52 14-03500-016-30 Mark Kindseth 6050 212th St W 53 14-03500-015-30 David Sletten 6040 212th St W 54 14-03500-011-12 John M, Devney 5788 212th St W 55 14-03500-018-75 Michael & Eileen Devnev 5810 212th St W 56 14-03500-010-1 0 John M, Devnev 5788 212th St W 57 14-03500-010-15 Patrick & Dawn Devnev 5744 212th St W II II . II II 11 p'_~Y_~_~9_I?M_~!.'!:U;:9~_IM~T__,_,_______________,_______________n______nn__..'..' Deleted: , , , , , , , " Ii AGREEMENT dated this ~~_a..Y.9[Januao:. 2007 \ b..Y._~~!Y!'~~D,t~_'!~_i1~Il~g .th~_~j!Y_QO:i1!!!l!~g~Il~'_l!_M!!I_'!~~!l_~ !!I_l!I)!~!P!1. corporation (CITY) andJndeDendent School District No. 192.-'!_M!I1!!e;~9!i1_~ndeP.!<.ndent school district (DiSTRICD'mnmm:>,:__ .... ".... 1. J>lat ADDroval.n,Qn August 21. 2006. t~~_~i.tY_~PJ2roved i1_J?!<1Lf9L.FARMINGTON AREA HIGH SCHOOL_(<1!~9_. \.:< Deleted: \- referred to in this Development Contract i"Contract") _~.!~~n~!e~D:___Th~.!<1!l_<!.!~_~!~l!l.I!~!!._~'!_!~~nc;:i!y_~Lf!l]!!i.!!g!9!1-,__ ~ '.\ 2. C'~I, ,fDok'''. Sm" ,f M;_ot, ~d t, """, ""=bod '0 Ih, ,""hod Jl><h;hlt.<l.mm........m.........m......m~>:. :on~~:I:~:t::~:;~:_:;:_t:~:~~:::~_~~~~~~~~~~~~: :~~~~:~~I:~~i~~_~~~~~~i~~~::::::::::::::::::::::::::::::::::::::~~~t~~~. Deleted: Reuuest ror \ ~\'" b) the J2istrict J!~llyiQ.~_th~ _'!~~~~~n',.:iecurity ~'!_l!,,~Q~~i1.!!"~_?6_th~j~_.l;ontrac!;_i1_'!~____n_____m_____mn_mm_____n______ \ ~,~ n~~', c) the J2istrict !~5:.<!r~_ !~~_ J!1!t_Y!'!~i! _the; _~_Ill}!!ty_~~_c.<!r~_c.~Q~ _~~.&~s.l!.a.r_Q( :n~~_s. Y!'!!~j!l_ ~_!1)!l_'!!~~ _l.I!!e;r _~i!Y_ ~9~'!~i! _l!J?PLllY!lJ. _ \ \ ~~ Deleted: <DEVELOPMENT> of the final plat. \ :~:.:.:.\ Deleted: [CONTRACTor : '~\'\\ AGREEMENT] I '~I~~, 3. Definitions. For purmses of this Contract. the following shall aQDlv: um_mmumm_m_uu___________nm___mmmm' \ \~::.~\ Formatted: Underline :,\ ~.;\\'I ~ .::' Deleted:.. a) "Pond Parcel" shall mean the collective reference to those unDlatted fee and easement parcels located adiacent to. :. :'~i::':',' and~uth of, the Plat. and lev-ally described on the attached Exhibit C. _m_m__m_mm_mm__mm_m__nnnm____' \ \\~\\\\ Formatted: Underline :. :. \~i\:':' Deleted:"; 1 b) "Public ImDrovements" shall mean all ofT-site public imnrovements to be constructed by the City. the costs for which :. \ \~~\\\ Deleted: hereby approves are to be reimbursed bv the District to the City. all in accordance with this Contract. \ \ \~\:." "~":: Deleted: on \::~: c) "Public ImDrovements Costs" shall mean $12.338.475. representing the total estimated cost of all Public : :\:% Deleted: that : ::~~II Imorovements. \ \:'$:\,: Deleted: Developer : : :~.~ :. \\r,\\ Deleted: Agreement \ \\t\\ Deleted: Developer \\::1' :. \\\\ Deleted: security t,,1 \ \\: Deleted: the teons of .' ":::::', Del ted \ e : Agreement Deleted: Developer Deleted: Develooment Plans and . Rilrhtto Proceed. The Developer shall :. develop the plat in accordance with the : following plan.. The plan. shall em Deleted: 34G Deleted: August. 2006, Deleted: <DEVELOPER> Ii I~ II II Deleted: corporation partnership (DEVELOPER Deleted: The Developer has asked Deleted: to approve II d) "Settlement Al!reement" shall mean that Settlement Agreement. dated Mav 6. 2006. by and between the District and the City. as aDProved bv the Honorable Judge Kathryn David Messerich on Mav 8. 2006. in connection with those court proceedinl!S venued in the Dakota County District Court under Court File No, CO-05-9376. a CODY of which Settlement Al!Teement is attached hereto as Exhibit B. ExceDt only in the case of tenns and/or provisions in this Contract that are expresslv stated to supercede the Settlement Al!Teement. in the event of any conflict (if any) between the terms and/or provision of this Contract and the terms and/or Drovision of the Settlement Al!Teement. the Settlement Al!TCement shall control in all resoects. II Ii 1442416-5 1 .' Ii " . II i Formatted: Underline " ii Formatted :" Iii Formatted Table ,'I, Eff Formatted: Underline ~:: ~:: Deleted: h, Sidewalks and Trails !Ji", \'" $ff: Deleted: b. ~::!: ~ifff. Formatted ~II" Sfff!. Deleted: trunk and lateral) Sil; Deleted: i. Erosion Control, Si :jll Plan E shall be preoared by the City and reviewed and approyed by the District. the cost for all of which off-site oublic ::!I. Formatted improyements shall be reimbursed by the District to the City oromotly as contractor costs are incurred by the City; Nil:' Deleted: c, Storm Sewer proyided. however. the District's foregoing reimbursement obligations shall in all resoects be subiect to the City's '1'.1 . obligation to accomolish cost recoyerv for amounts so reimbursed to the City in accordance with Section 8 of the lilt: i. '," " Settlement Agreement. Specifically. the City shall install. and the District shall oay for. the following: 'I~ !I, Formatted J;ro"k\V''''~:;_;::="",::::::::::::::::::::::::::::::~-;:;;;:':_~:'::::::::::::::::::::::::#;:' := -. ~treet (including culyerts) {Flagstaff AvenueL__mmum_m_____u____J 7,868.425oooomuuu_u'um______________1./>- J"runk Sanitaa Sewer System {Farminglon BaseLu_____muummuuJ 3,332.250 m__mum_m_mh_moom____::}>.:-u ~ _ _ _ _ _ _ _ 0._ _ _ 00 _ _ _ _ _ 0._ __ _ _ _ _ u _ _ _ _ _ _ _ _ _ _ _ h_ __ _ _ _ _ _ __ _ _ _ _ _ _~~!_~_~:::::::::::::::::::::: ~! -~~~ ~-~:~ ?:.: ::::::::::::::::::::::::: :::::::: ::~~~:::: As an alternative to the Trunk SanitarY Sewer System (Farmington Base) discussed above. and should the City. the District \,:~:.'.:..,~. Formatted and the City of Lakeyille reach agreement on cost sharing for a regional Trunk SanitarY Sewer System in accordance with Formatted the Settlement Agreement. the City shall install the Trunk SanitarY Sewer System (Lakeville Alternatiye) in accordance with Plan E. with cost contribution or reimbursement by the City. the City of Lakeyille and the District in accordance with such agreement as may be established between the City. the City of Lakeyille and the District. In the case of reimbursement by the District. the District shall reimburse to the City oromptly as contractor costs are incurred by the City (and subiect to the City's obligation to accomolish cost recoyery for amounts so reimbursed to the City in accordance with Section 8 of the Settlement Agreement). the District's orooortionate share of each installment of the Trunk SanitarY Sewer System (Lakeville Alternative) costs as the same become due, .< Deyelopment Plans and Rh!ht to Proceed. The District shall develoo the olat and Pond Parcel in accordance with the+mm following olans. The olans shall not be attached to this Contract. The olans may be oreoared by the District, subiect to City aooroval. after entering into this Contract but before commencement of any work in the olat (exceot as may be otherwise permitted by the City Engineer). If the olans varY from the written terms of this Contract. subiect to oaragraohs 5 and 30E. the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan ~Ian D - Final On-Site Utility Plans and Specifications ____hhUUU_UU_____h___________U____UU__h_U_________/ The District shall use its best efforts to assure timely aoolication to the utilitv comoanies for the following utilities: under- ground naturall!3S. electrical. cable teleyision. teleohone. and the District's orivate fiber ootics system. The installation of these utilities shall be constructed within oublic rights-of-way or oublic drainage and utility easements consistent with the city's engineering l!:Uidelines and standard detail olates, 5. Required Public Imorovements. Pursuant to the Settlement Agreement. and exceot as otherwise orovided in Paragraoh 4 above and this oaragraoh. the City shall develoo. construct and install all oublic imorovements located outside the plat in accordance with the following olan: Plan E - Final Off-Site Street and Utility Plans and Soecifications (Proiect No, 05-11. Flagstaff A venue Utility & Street Imorovements ("Proiect No. 05-11 ")) " " '. " .S:::: ,',~, " , The off-site public improvements shall be installed in accordance with the Final Off-Site Street and Utility l!l!t.1;>_~';:.)~. Soecificatioll\._l!t.1~.i!!_l!<;;~~~~~!!<;<<E_~W!_l!!!J!I_~>_~ltx_~!~!!~~!~~" _~!1.8ll!~!l_rj!1.8_9..~j~!lJj!1_c;.~,_ !!lll.Q!~i!!l!t.1~_"!k_Th~~hl!!'_ .i:'" obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction, of all_....... City-installed off-site oublic imorovements. The ~lt.s_!l_l!gj!1~_,,~~_~l!!!;>_~~~~~!<<E_l!J?r~~~t.1~!!!I~_tj~_I!_l!1."<<E!ll!&.~!_l!).!!~!~!IJJy__.-,-,-- agreeable time at the City Council chambers with all parties concerned, including the~istrict S~ff,.t~!.c;.yj~~_t~~_P.rQ~!!1__ ------ ............... 1442416-5 2 . " Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Keep with next, Keep lines together Deleted: ,PIaA O.-.Pa.t(iImp;o\ieawJa1 PiU1 , Plan E - ZoninglDevelopment Map' , Plan F - Wetlands Mitigation as required by the City'\ , Plan G - Final Street and Utility Deleted: a. Sanitary Sewer Lat II " 11 " " Deleted: k, Setting of Lot & Formatted I, Deleted: f. Street Signs Formatted: Indent: left: 0.25" Formatted: Not Highlight Deleted: ~ Formatted: Not Highlight II Deleted: and plans and speci ... 16 Deleted: Developer Deleted: . CI II II Deleted: Developer shall instruct Deleted: to provide adequate Deleted: City II " " II II II " II for the construction work, ~fter ~QI)1.P!~HC?!U!L~i!(L!I)1.P!"9_'!~!!l~_'!~!l..!~_~~hl!lt!i!l.PpJYJh~.l2istrict ~_th ~uch ::~~_I..3_l!UC~------ :,l~_~: _ :=~ ~ ~:~~_~~~ _ ~= :~_~ _~~::~~~.~~: ~ ~: ~~~ ~ ~ ~ ~:: ~~ ~~ ~ ~ ~: ~~ ~ ~ ~ ~ ~ ~ ~~~: ~ ~ ~ ~ ~ ~ ~: ~ ~ ~ ~ ~ ~ ~ ~~~~ ~~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~~ ~~ ~ ~~ ~~~ ~ ~~:~ )~;~::. The District shall be respOnsible for preliminary road grading necessary for site grading. and shall develop. construct and \... '\'. '. install all public improvements located inside the plat in accordance with the Final On-Site Utilitv Plans and Soecifications \\\\ ("Plan D") to be prepared bv the District and reviewed and approved bv the Citv. the cost for all of which on-site public ... ... ',: improvements shall be oaid bv the District. Specificallv. the District shall install and pav for. the following: (a) an on-site \\. lateral water svstem; and (b) an on-site trunk stonn water drainage system. The District shall also be respOnsible for pOnd ... \ construction. comprising a pOrtion of the public trunk stonn water drainage system. outside of the plat boundaries as shown ... on the plans noted above, ... All public improvements installed by the District in accordance with this paragraph shall be installed in accordance with the plans referenced above and in accordance with all laws. City Standards. Engineering Guidelines. Ordinances and plans and soecifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer, Work done not in accordance with the final plans and specifications. without prior authorization of the City Engineer. shall be considered a violation of this agreement and a default of the Contract: provided. however. in the event. and upOn. discovery of any such default. the City shall provide the District with written notice of such default and a reasonable opportunitv to cure such default, The District shall obtain all necessary pennits from the MetrollOlitan Council and other agencies before proceeding with the construction of such District-installed public improvements, The District shall instruct its engineer to provide adeQuate field insoection personnel to assure an acceptable level of Quality control to the extent that the District's enfl:ineer will be able to certilV that the construction work meets the approved City standards as a condition of City acceptance. In addition. the City mav. to the extent reasonably necessary and at the District's expense. have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The District or his engineer shall schedule a pre-construction meeting with all parties concerned. including the City staff. at a time and location mutually agreeable to the District and the Citv to review the program for the construction work, Within ninety (90) days after the completion of the improvements the District shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. Iron monuments must be installed by the District in accordance with M.S. &505,02, The District's surveyor shall submit a written notice to the City certilVinfl: that the monuments have been installed, The City will seek cost recovery, for the benefit of the District. for all public improvement costs incurred by the District in accordance with this paragraph from other benefited properties. all in accordance with the procedures set forth in Section 8 of the Settlement Agreement. 6. TJme of PerformanceIPerlodic AdJustment. The District and the City shall periodically meet to review and coordinate the construction of all on-site and off-site public and private improvements in order to ensure full access to. and occupancy of. the District's high school facility not later than June I. 2009. and to uodate public improvement cost estimates. together with estimated governmental fees and credits. as bids are approved and final public improvement costs are determined. Such periodic meetin2S shall occur on a weekly basis or on such other schedule as may be mutually detennined by the District and the City, As public improvement cost estimates. and estimated governmental fees and credits. are so periodically uodated. the District and City agree to amend this Contract accordingly, 7. ReplatlOwnership of Improvements. Within six months following final completion of the all off-site public improvements. and all on-site public and private improvements on the property comprising the plat and the Pond Parcel (together with any adioining property comprising a portion of the District's development). the District shall submit to the City an amended preliminary and final plat including the Pond Parcel and any additional property. boundary adiustments. new or relocated outlots and other changes as may be reasonably necessary to bring the plat. as amended. into confonnity with the overall development. The District and the City shall continue throughout the District's high school development and construction process to coordinate on all such prollOsed changes to the plat in an effort to ensure that the interests of both parties will be adeQuately reflected in the final. amended plat. The District and the City each agree that there shall be no additional fees or costs. other than recording costs. associated with or resulting from such final. amended plat. it being understood and agreed that all such fees and costs shall have been deemed fully paid and satisfied in connection with approval and recording of the original final plat, 1442416-5 3 . Deleted: Within sixty (60) days after the Deleted: and before Deleted: security is released, the Developer '. '. Deleted: City Deleted: a complete set of Deleted: specified in the City's " Engineering Guidelines Deleted: , Ifthe Developer does not provide such infonnation. the City will produce the as- built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer.' , All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued.' , Befure the security fur the completion of the utilities is released, iron monuments must be installed in accordance with M,S, ~505,02, The Developer's surveyor shall submit a written notice to the City certitying that the monuments have been installed.' , <ASSESSED AREA> Assessments 1 , The parent parcels of <DEVELOPMENT> have been assessed for improvements to <ASSESSED AREA>. The total levied assessment amount for the parcels is:' , Parcel Nos.. . Total amount levied: $<ASSESSED AMOUNT>' <PARCEl>' , A portion of the levied assessment plus interest becomes due with the final platting of <DEVELOPMENT>. The amount due with <DEVELOPMENT> will be calculated proportionally based on the area of <DEVELOPMENT> being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel.' , The Developer may elect to pay the assessment in cash at the time offinal plat approval or have it prorated and reassessed to the lots and blocks of <DEVELOPMENT>. Ifassessed, the assessments shall be spread over a 10- year period with 6,5% interest on the unpaid balance from the time of the initial adoption of the assessmenlto the parent parcel. The reassessments shall be deemed adopted on the date this r:::r18l II II II .' .' Ii I: II II Ii II II II II II II Ii II Ii .' . Upon the completion of the work and construction reQuired to be done by this Agreement. and written acceptance by the City Engineer. the improyements lving within public easements shall become City property. except for cable TV. electrical. gas. telephone. and the District's priyate fiber optics system. without further notice or action. All outlots to be designated on the final. amended plat for location of storm water basins, together with any easements (if any) for such purposes. shall be conyeyed to the City after the occurrence of the following: (a) completion and approyal of improyements as reQuired under Plans A - E: (b) final approyal by the City of the amended plat described aboye: and (c) recording of such amended plat with Dakota County. If reQuired. a Letter of Exemption. attached to this contract as Exhibit D. shall be submitted to the County for each outlot and/or easement at the time that the conyeyance document for the outlot and/or easement is filed with the County. 8. . . , . , , . " It if! ::: u/ II, ' Grading Plan. The plat shall be graded and drainage proyided by the ~istrict .i_~_!I.!=."()r9_l!I)~~__~_thJ)J!I-,}J"!.. and _l!l)di ,/ fond it ions attached to the ~~~A_ ~~I)~!J}1~~j()n _ ~~9_1]TI _W_l!~~~ _ ~_~I]TI~t"Jf. !!1~_ 'p'istrict _ n~e:~_ _~<! _ ~hl!l)g~ _gr~_<!!I)K _l!ITe:"!~I)K j/ drainage" such ~din~ "!Inl)()_t_!!I~C:.P!!I~_~_l!!lm_thc:_qlY._~!l'&!l)c:~.r:._~!I~_!IP.Pr()_~~_~~_c:.pr()J!()~_<!_g!'!l!!~~g_~_~!I!1.Ke:~,__~_~!'_<;:A_ .... Construction Storm Water Permit must be obtained before any grading can commence on the site. ....:.... Warranty. Subiect to the terms and proyisions of the Settlement Agreement. the District and the District's Engineer represent and warrant to the City that the desil!:l1 for all on-site public improyements to be constructed by the District. pursuant to paragraph 4 of this Contract. shall meet all laws. City Standards. Engineering Guidelines and Ordinances, 19. 10. Erosion Control and Fees. __M~.r:.~!1_c;_~~t~j!i_r9_l!gh.K~~_~<!,_~!I_t_!>_c;f()rC:_!I!l.Y_!I~jti~y_.!=.()!I_s_t!'!l.,,~i~I)_!~_"()_'!ln1_~I)~~<!_()!,!>_l!R<!!I)K_ permits are issued, the erosion control plan, Plan S, shall be implemented by the ,Ristrict ~_~<.i.!I)!i~!c:!Ll!I)~_~.pprQYC:!!_~L\ the City. J:::ollowing notice to, and consultation with, the District, the <;:!!Y__I!!l!Y__~I!I'p()_s_C:_!l_<!<.i!!~<!!I.!I.I__e:r()_sj~I)__"()!l_t!p"I_~\ \ requirements if it is reasonably determined that the methods implemented are insufficient to properly control erosion.._I~c:_,\\ \ parties recognize that time is of the essence in controlling erosion. Ifthe.I?istrict_g()_~~_~()~_"(),I!I'p!'y,~_th~hC:_C:~()!ij()n_"()!I,tr!>.1.,\'\.\ plan and schedule, or supplementary instructions received from the City in accordance with this parasrraph. or in an \ \, \, , emergency determined at the sole discretion of the City, the City may take such action as it reasonably deems appropriate \ \. \, to control erosion immediately,; I?rovided. howeyer. and excel2t in the cases of such an emergency} the City shall ~roYide _ \ .... the,Qistrict with 14 da):s notice of. and riWt to cure. any such noncoml2liance, In the case of an emergency, the City shall,\ \ promptly notify the District of any prooosed action. but the furnishing of such notification shall not constitute a condition \ \ \ precedent to the City's right to immediately commence such remedial work as is hereinabove authorized, The District shall \ \ \ pay the cost of such remedial work within sixty (60) days following the date of receipt from the City of a detailed inyoice \ \ \ for such work. Except as may otherwise be permitted by the City Engineer. no deyelopment will be allowed and no \ \\ building permits will be issued unless the plat is in full compliance with the erosion control requirementSwthen m_m_m_m__ \ \ \ , " , '. II. Landscaplnl!. The: ,Ristrict ~~_l!IJ.!l!!l~~_!.l}c:_pJ!l~_!I)_!I~.!=.()r<.i.!l.~"!l_~!I}_~J!I_~_<;::__T.he:.!l!I)!!.~"!IP"i!l,8.~!1!lJJ.!?!l_!l_""()!!lP-!i_s_~e:!i.i!l__ \ \' accordance with a time schedule approyed by the City. All landscaping features. including those constructed within Dublic \ \ \ rights of way. remain the propertY and resoonsibility of the District and subseQuent property owners. subiect to the City's or \ \ \ other goyernmental unit's rights to access and maintain their rights of way. \ \ \\ 12. ,fhased Development. Not Applicable._______m______________________________________m________'_________________________________, \ \ ~ ~ ~ 13. Effect of Subdivision ADProval. Not Applicable, \ ~,\ , ", I 1'1 \ ~\ , .' \ ~\ \ \" \ 14. Surface Water Manal!ement and Water Ouallty Manal!ement Fees. The District shall become oblil!ated to Day a surface water management charge of $979.998. and a water Quality management fee of$12.011. for the plat in lieu of the property paying like assessments at a later date. A credit in the amount of $740.121. (the "Surface Water Management System and Water Ouality Charge Credit"), shall be given to the District and shall be applied against the surface water management charge and water Quality management fee. resulting in an adiusted combined surface water management charge and water quality management fee of $251.888. and a remaining Surface Water Management System and Water Ouality Charge Credit in the amount of $0.00 (the "Remaining Surface Water Management System and Water Ouality Charge Credit"). The Remaininl! Surface Water Management System and Water Ouality Charge Credit shall be recoyered by the City and paid to the District in the same manner and on the same terms provided for recovery and payment by the City for the benefit of the District of "Water Main Improvement Costs" (as defined in the Settlement Agreement), to the extent exceeding the District's apportioned benefit. Dursuant to Section S( c) of the Settlement Agreement. 1442416-5 4 II " II " Formatted: Space After: 12 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 7 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25" Deleted: Developer Deleted: . Notwithstanding : : Deleted: other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in confonnance with Plan B before the plat is filed if all fees have been paid, a Deleted: has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer.' , Deleted: developer Deleted: after homeowners are on site. he must notify 0/1 property owners/residents of this work prior to ilS initiation. This notification Deleted: 1 Deleted: Developer Deleted: The Deleted: All areas disturbed by the excavation and back, filling operations shall be re,seeded forthwith after the completion of the work in that area, All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed \ retention. Deleted: Developer Deleted: , without notice to the Developer. The City will endeavor to \ notifY Deleted: Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations herClUlder, tfthe Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No . Deleted: , \ Deleted:, Deleted: Developer is responsible for Erosion Conlrollnspecllon rees atlhe current rates. The Developer is also responsible for a Water Quality \ Management Fee or$ <WATt...t ... 19 Deleted: <#>The Developer shall be solely responsible for the installation of all project landscaping includinlll ... 20 II II II II II II Il II II II II II 1 II II II II II II II II II " II I' " II Ii II II II .1 IS. Wetland Conservation and Mitil!.ation. The District shall comply with the 1991 Wetlands Conservation Act. as amended. The District shall pay all costs. if any. associated with wetlands conservation. II 16. Water Main Trunk Area Charl!.e and Water Treatment Plant Fees. The District shall become obligated to pay a water main trunk area charge of $271.014 and an estimated water treatment plant fee of $178.560. for the plat in lieu of the property paying a like assessment at a later date. A credit in the amount of $1.137.800. representing the total cost of construction of the Trunk Water System (the "Water Main Trunk Area Charge Credit") shall be given to the District and shall be applied against the water main trunk area charge and water treatment plant fee. resulting in an adiusted combined water main trunk area charge and water treatment plant fee of $0.00. and a remaining Water Main Trunk Area and Water Treatment Plant Fee Credit in the amount of $688.226 (the "Remaining Water Main Trunk Area Charge and Water Treatment Plant Fee Credit"). The Remaining Water Main Trunk Area Charge and Water Treatment Plant Fee Credit shall be recovered by the City and paid to the District pursuant to Section B( c) of the Settlement Agreement. Ii Ii 17. Sanitary Sewer Trunk Area Charl!.e. The District shall become obligated to pay a sanitary sewer trunk area charge of $210.910. for the plat in lieu of the property paying like assessments at a later date. A credit in the amount of$3.332.250. (the "Sanitarv Sewer Trunk Area and Water Treatment Plant Charge Credit"). shall be given to the District and shall be applied against the sanitary sewer trunk area charge. resulting in an adiusted sanitary sewer trunk area charge $0.00. and a remaining Sanitary Sewer Trunk Area Charge Credit in the amount of $3.121.340 (the "Remaining Sanitary Sewer Trunk Area Charge Credit"). The Remaining Sanitary Sewer Trunk Area Charge Credit shall be recovered by the City and paid to the District pursuant to Section B( d) of the Settlement Agreement. " 18. Park Dedication. Not Applicable. 19. Park Development Fee. Not Applicable, 20. Sealcoatlnl!.. Not Applicable II II 21. GIS Fees. The District is responsible for a Geographic Infonnation System fee of $9.835 based upon the acreage or number oflots within the subdivision. This fee shall be due and payable upon execution of this Agreement II II II II 22. Easements. The District shall furnish the City at the time of execution of this Agreement with the easements for ponds or other public improvements specified in the Plans in paragraph 4 which are not designated on the plat: provided. however. to the extent anv closing on the acouisition by the District from third parties of anv land comprising. or intended to comprise. a portion of such easements. has not then occurred pursuant to then existing written agreements between the District and such third parties. then the District shall promptly furnish the City with such easements as and when such closing shall later occur. II II 23. License. The District hereby grants the City. its agents. employees. officers and contractors. a license to enter the plat to perfonn all necessary work and/or inspections reasonably deemed appropriate by the City during the installation of public improvements by the City pursuant to Paragraph 5 of this Contract. The license shall expire after such public improvements installed pursuant to this Contract have been installed and accepted by the Citv. 24. Security. The District will obtain any statutorily required security from its contractors to guarantee construction and payment for all public imorovements in the plat. The City will obtain any statutorily reQuired security from its contractors to guarantee construction and payment for all public improvements outside the plat. As alternative security for the District's obligations under this Contract. the District shall furnish to the City an irrevocable third party pledge in the fonn of Exhibit F to this Contract (the "Third Party Pledge"). The amount of alternate security to be proyided under the Third Party Pledge shall eQual the product of the following: (a) One Hundred Twenty-five Percent (125%): multiplied by (b) "Selected Public Improvements Costs". as hereinafter defined, For purposes of this Paragraph 24. Selected Public Improvements Costs shall eQual the estimated costs for the following improvements: (a) Stonn Basin I: (b) Stonn Basin 2: (c) Spyglass Stonn Sewer: (d) Soccer Field Stonn Sewer: (e) On-Site Water Main Improvements: (f) Erosion Control: and (g) As-builts. Monumentation and other Miscellaneous Items. The District and the City shall periodically meet to review and iointly detennine the Selected Public Improvements Costs. Once the Selected Public Improvements Costs have been detennined " 1442416-5 5 II II . 11 II ~,~ that amount shall constitute the "Secured Amount" under the Third Party Plede:e. and the Third Party Plede:e shall be revised accordine:ly and thereafter furnished bv the District to the Citv. Responsibility for Costs. I A. The J?istrict s.l!l.IH .Pl.IY_ !lJ! _ <<9_s_t~_ j!1~-'!~~!>'y _ ~t_ 9.1:. J~~ S;:j!y _!I} _<<9)!i l!!l~tj9_1} _ ~JhJ~_~ _<!~y_~tI!P!!1_~I}! _I!Lth~.p!l.I!t j!l.~t'!!ij!1.& _~!IJ _ !1p_t_ _ _ ___ __ limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. All requests bv the City to the District for payment pursuant to this Paraeraoh shall be accomoanied bv an itemized invoice detailin2 all such char2es~ toeether with such backuD or /; sUDoortine: documents for all such itemized amounts as the District may reasonablv reauest. Prior to execution of this if: Contract bv the District the City shall furnish to the District the City's detailed bude:ct for all such costs. and shall Iii: ','1 thereafter upon reQuest by the District furnish to the District an uodated budget for such costs. includine: therein. if III:' applicable. such adiustments as are reasonablv detennined to be necessarY, iij! ! B. The J?istricl ~_~<<~P..! f.~~ S;:j!y ~ ~ _ ~mf!IJ _ !1)j~!=9_1}!i_l!<<!,_ ~h'!R hl!!lt !\..1~, ql1_ '!!1~ j!~ _ gm<<~TI'_l.I!!<! _ ~!1)P..1.I!Y~~s. _l!l.IIT!1!~~~_f!g!!1_!= J!lj!1)~_ J;/ ! i made by Jhe District l.I!!<!__!I!~r_<!_.pl.I!1~~s.JI!~_~,!!1)?&~LS.,!~~jl}~_<!_.!!U_I!~!s.J!1_"-!IIT~~_r~~,l!!tj!1,Lf!QI}!_P..t'!Ll.Ip.Pr9_'!:'!L,!I}!i_j/ !I development. The ~istrict ~h'!!tj!1.Q~!1)!1Jfy.J~~_<;j!Y_!l!!<!_!t_s_Qm!=,t;I:s._'!!1~_~I}!P!9y.~~~J9r_!lJ!_<<9_S.t~1_ <!!l_'!I_,!g~~_.!!~_t;lSp"c<I)~~Hl1&j I! the City may be reQuired to payor incur in consequence of such claims, including attorney's fees, !I " " I C. ~::~~~~~~~a:I:::::=:::::::::::~:=::::::::~~:::::::~::::::::::::::~::~:::t:::::::::~~:::=:~::::::I~:::~:::~::~:::~~:::1 " ",,' D. The J?istrict _s_l!l.I!!p..l.Iyj!1,f!lJ!_,!!I_!>.iJ!s._s.!I!>_l}!i.t!~~J9j!_~y_!\..1~_~!I1_\y"iQ1j!1_~_<!!lY.s.,'!f.\~Er~_~~!P!~_!Lth~_~j!I~_!l_~'!!Q!.P!l!!i_j'- .- on time, the City may halt al1 plat development work until the bills are paid in ful1. ~ms_"!Q!_p!l.i~_~J~.i!!~ixtx (60)_~,!y~___::::-- shal1 accrue interest at the rate of five percent (5%) per annum.,1n the event of any dis,Rute bX the District with respj;ct to amounts claimed due. the City shall promptlv furnish the District with anv and all backup or SUPPOrting documents iustifying such invoiced amounts as the District rnav reasonably reQuest . . I 26. Trash Enclosures. The ~istricUs._r~~P..Q!1_sJ!?1.~_!I!_.p!QY!<!~_ adelluate 1!!1_~j!~_!~h_t;!1!=J.!!s.!Ir~~,.t9__~9!!lAi_l!_l.I!L<<9!!S.\J:I!<<!!I!!l.":;<-- debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 27. .Port~ble To.llets. __T.!!~ )2istrict !S. E~5.P9_I!S.!~!~, !1!.ilr9_'!:!<!~_i\deguate _Q&Sj!~_P.Qr:t_'!~!~ _ !Q!t~~_ ~~~~p..t_ !l~_ 9_th~~~S_~_l!Pp.t:I!Y~_4, ~y_ ~(-' the CIty Engmeer. \::-- . 28. 'wetland Buffer and Natural Area Sll!:ns~__Th~_J?istrict_!~_~~~P.Q!1~j~J~JI!L!I}~!l.I!!i.l!g_~~!~'!!1~_~'!rr~!_~jgQs._l.Ir9_l!I}~_'!!L \~ wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's \_. Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City \- Engineer, _ _, _ __ _ _ _ _, _ __ _ _ _ _, _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _, _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _, _ __ _ _ _ _ _ _ __ __ _ __ _ _ __ _ _ _ _ _ __ _, _ __ _, _ _ _ _ __ _ _ _ _, _ __, _ _ _ _ _ __ _ _ _ __ _ __ _ _ _ _ _ _ ~ " --. ........ 29. ~i5trict'5 Default. In the event of default, ifanx, by the District as to any of the work inside !l.1}!i_.{!utside the Rlat pursuant_._ to Plans AwE. to be pj;rfonned bX it hereunder or bX sel?arate agreement _~~~~~!!J~_~.Qistrict _'!!1~ the q!Y._!I!~_~~ty_!!1!l.Yl_'!t_ '.::--- its option, perfonn ~_ \Y..l!r~_ !l!!<! _!i!~ )2istrict _ ~~!lJJ .pr9_'!I.P!Ix !_~i_I}!~!I_f!i~ !~~ S;:!!Y .fQr _'!!1y. ~lSp"c<I}~~, reasonab IX i_I!<<!I~_<!_~Y_ !~~_ ~'" --- City, provided the ~istric\,__~lS~~.P!_ !!1__,!I}__~I}!~r&.t;.I!!=y._l.I~__4~!~IT!1!!1~_<! _!>'y_!~~_@y._9!__'!s.,.!!th~~s.~_p..~l!yJ~t~<!J~~ _!!1__thi~_,\ ':':::-. agreement, is first given written notice of the work in defaul"!19_tJ~~~_!~!l!!}~_~.!!!I~jl}_'!!i_-':l.I!1~~ and fails within such ]:!eriod S~,:..\ to commence. and thereafter to continue. anv reQuired corrective action. This Agreement is a license for the City to act, ',:..\:...... and it shal1 not be necessary for the City to seek a Court order for pennission to enter the land to the extent necessarY for \\-':\ the perfonnance of such work. When the City does any such work, the City may, in addition to its other remedies, assess \\\' the cost in whole or in part...___________n___________n_n___n_n____n___nn______________n________________________________________, \\.. , " \, \ ~ \\:~, 1442416-5 6 . Ii .' Formatted: Justified, Numbered + Level: 1 + Numbering 5tyle: 1, 2, 3, m + Start at: 19 + Alignment: Left + Aligned at: 0" + Tab after: 0.26" + Indent at: 0.26", Tabs: Not at 2.5" + 4" + 5.75" Deleted: Developer Deleted: Developer Deleted: itself Deleted: Developer Deleted: which : Deleted: Developer , Deleted: In the event that the City receives claims from labor, materialmen, or others that have perfonned work required by this Contract, that the sums due them have not been paid, and the labore~ materialmen, or others are seeking paymenl from the City, the Developer hereby authorizes the City to commence an Interpleader actio~ ... f21 Deleted: Developer Deleted: thirty (30 Deleted: Deleted: thirty (30 Deleted: (fthe bills are not P"l m f22 Formatted r:::rill Deleted: Developer Deleted: require each builder to Deleted: 1 Deleted: Developer Deleted: require each builder to Deleted: an Deleted: Deleted: 1 Deleted: Developer Deleted: Wetland Buffer liner:::r24] Deleted: 1 r:::r2s1 Deleted: identify all significa"l m f261 Deleted: dialogue Deleted: Developer .. Deleted: forester regarding a1Cf271 "- Deleted: the Deleted: Developer .. Deleted: Developer Deleted: , Formatted: Font: Bold II Ii II II II I II II II II II II " " " II Ii I, II II . 30. Miscellaneous. _'__________ ____ _ _____________n___ n_____n_n__n_______ _ ___ ,_______________ _________ _______,_____ ____n_______________,-,-- A. l!Ji~_~gr~_~~!1.t_~~,a.lJ_~_~ _~[I)!I.i!1.8_~R'?!1_ !~_~ 1?'!!![~~c.th~[r:!!<;[~_~!!t;<:~~_l!':l!_Q!_~j&.l!;_~_ !~_~_t;'!~~_!l)~Y__~~,__Th.<;.P..istrict _1!!'!r..+J;(~ not assign this Contract without the written permission of the City Council. The .[listrict's obligation hereunder shall - continue in full force and effect even iftheJ?istrict ~ll~_9Jl~_9!_!l)~I:C;_tl!~,_.t~_~_<;I)!!I:C;_p]t1!t_l!!.'!~y.j?'!!!:Qf:!~::Th!~~:PA~}~~::'- shall have no recourse against the City under this Agreement. ...... . - - - - - - -. - - - - -. - - - - - - --- - - - - - - - - - - - - - -- - - - - - - - - - - --- - -- -- - - - - -- - -- - - - - - - -- - - -.. - - - - - - - - -- - -. - - - -. - ---- - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ~If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,":::- such decision shall not affect the validity of the remaining portion of this Agreement. ". C. In the case ~(,jlnx. waiver bX the City Engineer g[.t\ny re!luirements for bituminous !laving of streets. the District_'!!1_<!~><: shall mutuallv be resoonsible for maintaininl! all.,'!uch s.t!~~t!l_.!!~~~<;(U!l!_!l_t;<:~!l!l_.t!l__a..PP!~y~~_~~_sj!!_l!_<:g.!!<!jti~I)_!~~,t_~!I_~::... assure the access of emergency vehicles at all time~nmmn__m_mm____m__n_m___m__mmm____________m____________\'.\' \ '::. '\'.. !2....Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power o~':\'::":' remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, "",... '. and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as ... \,... often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any \, \, time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or \, amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the ' parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release, E. J;oml1liance with Laws and Regulations. The District rel2resents to the CitX that the Rlat complies with all City. Count,X, J/ Metrooolitan. State and Federal laws and rel!ulations. includinl! but not limited to: subdivision ordinances. zoninl! ordinances and environmental rel!ulations, If the Citv determines that the plat does not complv. the City may. at its option. :: refuse to allowanv construction or develooment work in the Dial until the District does comoly. Unoo the City's demand. :,' the District shall cease work until there is compliance, Notwithstandinl! the forel!oinl!. to the best of the Citv's knowledl!e ..::....:.:.:.:.~............. and belief. the pial is in compliance with all such City. Countv. Metropolitan. State and Federal laws and rel!ulations. F. This Al!reement shall run with the land and mav be recorded al!ainst the title to the prooerty. The,P.istrict_t;gY.<;I)~_'l~~_~!~:f:///. the City, its successors and assigns, that the,Ristrict j~_~~R~~.i~~<!JI)J<;!l.!ttJ~_!>.(!h.~1?~gP..<:~_~~j!1B_f}.!!'!!1?ll!t.t~<!_'!!1~Q!.~t1!lj /1/. obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that I/f./ there are no unrecorded interests in the property being final platted; and that the.J2.istrict_\:,:iJUIl~~_~!fy_'!!1_<!_~9J!!)h<;_9.i.tyjl;': I harmless for any breach of the of the foregoing covenants. After the ,P.istrict_~~_!!.~Q!l)P.1~_t~_<!_tJl~_~9!~_~ql'.i~~_QUt,l'_Il~~!jP ::: this Agreement, at theJ;listrict's !~_q~~_s.tJ~~,~tl>:_~]L~'S~_l!t<;_l!I)~!!<;F_':<;!_'!E~t~JQ_t~~P.is!rict _m___________m_m__mm/ // . ' , ' G. J;itx and District, as !tart of their res~tive contracts with contractors for !I!!P!!l_Y!l!l)~Il~ associated with the Rlat and+j:/./ Proiect 05- I I. shall reauire public liability and property damage insurance covering personal injury, including death, and :/ claims for property damage which may arise out of the ,l;ontractors' _~Q!K~~_~il~_~!l!~_Qf.Jheir ~!I_~!>.Il!J:'!<:!g~_~~_~Ll!I)~_,/' / directly or I!tt:~!1,y _~I!!Pl!>..Y~~ 1>..Y _ '!!1Y__l! f _t!!<;I)}, _ ~!lTIi_~.fg!_ ~~j1,y _!I!i 1!1)'_!l!_ !I_<<'!!~ _ ~~!l.11_1l!l_t_ ~_<< 1~~_!!J~1l_~ 1?_Q9,9Q9,9Q Xl!~ _l!I)~_./ / person and $1 ~QQ9:!).(Lf!l!__~l!<:~nQ~~_I!~I)~_~'_J.i!l)i!l!_fg!_ Rt:QP..<:~_<!i1!1)_l!g!l_!l!!'!!!_llg.t_!>.~_!<;~_!!J~_Il_~Q.q9:9_q.fg!_~_l!<:~_ ~-:::--- occurrence. The City and District shall each be named as an additional named insured on said .policie~_.t~_~_tl)~~..~_Il~~____..-- certificate shall provide that the City and District must be given not less than 10 days advance written notice of the cancellation of the insurance, The Citv and .[listrict _!!.~t1]!~fJ1~_ with the other '!_~!>..PLl!(,ljuch .i.!!~~!iI.!!t;~_,foverages for ~.----- then existinl! contracts prior to the City signing the plat. and shall thereafter promptly file with each other. when available. .::::-- copies of such insurance coveral!es for all such contracts thereafter arisinl!. '. ~ The .District ~!!'!R!>_~!,!!I)_,! _ W_~tJ~_'l~,~Q!l)P_U~_Il<:~_~~!!!f}~_l!~~f!~I!!_th~_9i!y,__n___n__m_______'m_n___n______n__m_________~.~~~~.~~ L....l~~ _, f-i,s)!,!~! _ ~ll_, ~~_ _t:C:9..l!.i!~~_ )!>_ _ ~!>.1!~~~t _ i1lL !1EIj!>E_ ,!~)jyj!!c:~ _!g _ _~g~~l!}!<:! _ ~.1!l_Il~ _ ~:lJ_ _~~!,!I)E _ !~~_ _ f~! l~~_l)g_ _~<?_l!':l! _!>_f "'" ". operahon: <,.:'-. Monday - Friday 7:00 A.M. until 7:00 P.M. \::, Saturday 8:00 A,M. until 5:00 P.M. 1442416-5 7 . .. Deleted: , Deleted: 1 - Deleted: Developer Formatted r.::r281 Deleted: Developer's . Deleted: Developer - Deleted: 1 r.::r29l . Formatted: Bullets and NUll] ... f301 . Deleted: Building permits shat ... f311 Formatted: Bullets and NUll] ... 32 . Deleted: site grading. submittal Deleted: as,built grading plan. public .. .. Deleted: private utility installa( ... f331 Deleted: appropriate monum~ ... 34 , Deleted: shall be paved with ar:::r3sf .. Deleted: when such a waiver ... f36 Formatted: Bullets and NUll] ... f371 Deleted: The Developer repr~ ... f38 Formatted: Bullets and NUll] ... f391 : Deleted: Developer shall reim, ... f 401 Deleted: Developer : : Deleted: Developer : Deleted: Developer : Deleted: Developer's : Deleted: Developer : Deleted: Developer shall take ... f41 Formatted: Bullets and NUIII ... f 42 Deleted: , Deleted: Developer's Deleted: its Deleted: in Deleted: 000 Deleted: 200 Deleted: policy Deleted: the Developer Deleted: the Deleted: coverage with the City Formatted r::r431 Formatted: Bullets and NUll] ... f44 Deleted: Developer Deleted: 1 r:::r4sf Deleted: City may draw downr:::r46] Deleted: F " II II II " Ii Ii II II II II " " II II II " II ,. " Sunday and Holidays Not Allowed . This does not apply to activities that are required on a 24-hour basis such as dewatering, etc, Any deviations from the above hours are subject to approval of the City Engineer. such approval not to be unreasonablv withheld Violations of the working hours will result in a $500 line per occurrence in accordance with paragraph K of this section. II II L The J2istrict _~~~I!_~,~_~~~PQ,!~j~!~_JQ~_th~_l?Q,!!~q!_qf~~~_4~ _ !,!_~_~~~~~_QL~~1.~~j'!l?h~ _ {!_n_<?!l_Y!l~_l!,!!_!q~_<?!.~_q~!~X~~~~.----- Deleted: Developer is responsible to within their development as per City Code 6-7-2. Failure to control weeds will be considered a .Qistrict's Default as \ require each builder within the outlined in Paragraph~Qf!!tj~_~~_~,!!C;!I_t_!I!1_4_tJ!c;'p'istrict _~J!_~C;~'!!~~_~!Uh~_q!Y_!I~_~~.t!!1_~~_~'!_~l!!~_!'_l!I]!gf!lp-~.ii.::::::::::~\\ ::;;:~::tr::::;~::~::'e that is , " to be constructed in the development. O. Third parties have no recourse against the City or the District under thisS;ontract. \\ This entrance is required to be installed _______n____________uunununnunn_____\ \\\ upon initial construction of the home. 31. Notices. Required notices to the ,District _~~~IJ..QC;.J!I__~i.tj'!g,_J!'!Q_~~~IL~c;__~i.th~L~~'!~__<J~Hy~!.IC<J_.t9__fuc;_'p'istric!'_Jt~.:--, \ t\ See City Standard Plate ERO,09 for ~.. , ' construction requirements.' employees or agents, or mailed to the.p,istrict,~y_l?~_~jfi.c;~_<?!_r!l&i~.t~!.IC<J_'!!l!!1.!I_t_!~~J<?!!<?~j,!g~<J~!~_s.~C;~'____mm______________ \ \ ~.., \ , \ ~,~','.\ \ Th De I \ e ve oper ., \\\\\\ ,Ilirector of Administrative Service~mmm_m_____mm__mmmm_m_mm__l\ \l \~~~ Formatted: Bullets and Numbering ISO 192 \\ \ \ \\\ Deleted: Developer's 421 Walnut Street \\\ \\\' Deleted: 33 Farmington. MN 55024 Hi I \', Deleted: Developer H$ \ ~ Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by \\\ r Deleted: 33 certilied mail or registered mail in care of the City Administrator at the following address: \\i \\ Deleted: contract I,\,i, \ Deleted: Developer ~:l i\i Formatted: Indent: Left: 0", i\i Hanging: 0.26", Space After: 12 pt, i\~ Numbered + Level: 1 + Numbering "" Style: 1, 2, 3, ... + Start at: 19 + \ \\\ Alignment: Left + Aligned at: 0" + ~~~~ Tab after: 0.26" + Indent at: 0.26", ;W. Tabs: Not at 2.5" + 4" + 5.75" ; ~.~ Deleted: Developer ~ ~.\ Deleted: Developer ~ Formatted: Keep with next, Keep :. lines together \ Deleted: <DEVELOPER> II II Peter J. Herlofsky, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 II [The balance of this page has been intentionallv left blank,] . II " Formatted: Font: Not Bold " " II " 1442416-5 II 8 II II II . II II II SIGNATURE PAGE Ii " II II I. II II II Ii II . CITY OF FARMINGTON II II " Ii II I By: Kevan A. Soderberg, Mayor ...--..-{ Formatted: Indent: Left: 0.5" II II " I By: II II Peter J. Herlofsky, City Administrator ..-_.,-,{ Formatted: Indent: Left: 0.5" " II II " " II I' DISTRlCT:_... .,...{ Deleted: DEVELOPER " Ii INDEPENDENT SCHOOL DISTRICT NO. 192 Deleted: 1 <DEVELOPER>' , , II . - - - - -- - -- -. - - - -. - - - - - - -. -- - - - - - - - -... -. -.. - -. - -. -- - - -- - - --- -- - - - - ---.. - -- - -- - - - - - - - -- -- - - - - - - - - - - - ---- - - - - - - - - - -- - - -.. -- - - - - - --- -- - --- - - - - - - - -- --".." ........ " By: ,,] i, M,"i"". 80"00] Boo'" Chi, .... m.. nn:::: ::: :::::::::::::::: ::::::::::::::: ::::::::::::::::: ::::::::::::::: :::::::::: :::: "n~~ Formatted: Une spacing: single Deleted: Its: - Deleted: ., . Drafted by: City of Fannington 325 Oak Street Farmington, Minnesota 55024 " (651) 463-71 1 I " 1442416-5 9 Ii II Il II II . II . STATEOFMINNESOTA-1 .'w__ I COUNTY OF DAKOTA J s_s_'n_n_n__u - 0000_______00__00000000__0000__ -00- oou, u__ - _u______n_un________ u_oooo u_u_u_oo_uoo -------- I Formatted: Tabs: 1.63", Left Deleted: ( II The foregoing instrument was acknowledged before me this _ day of ,._hm Formatted: Indent: First line: OS 20 by Kevan A, Soderberg, Mayor, and by ,feter J. Herlofsk~_QlY._!\~!!1i!lj~!~!C?!l_C?L~i!C?_~!t.Y_C?LI:~!!!li!l.&1q!l,_~________ Deleted: David M. Urbia Minnesota municipal corporation, on behalfofthe corporation and pursuant to the authority granted by the City Council. " Notary Public STATE 0: MINNESOT ~~~,::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::~-::::~~ COUNTY OF DAKOTA .......J________ ,_______ __ '_n_n_______h______ __________00_00_0000 _'_____nn_____n_______n___n'_____n___________::~.-.. ........ Formatted: Tabs: 1.63", Left Deleted: Deleted: ( Deleted: Formatted: Indent: First line: 0.5" Deleted: , , "I Deleted: Deleted: <DEVELOPER>, 1 ,"I " , ~ Deleted: corporation under the laws of Deleted: corporation Deleted: 1 1 , , , , , , , , , , , , , , , , , 1/ II II The foregoing instrument was acknowledged before me this day of ,.------ 20_ by-Julie McKni&ht._!!1_e,.School Board Chair_C?iJnde~ndent School District No. 192, '!_Mj~~~,q~,! indees;ndent _hn_ school district. on behalf ofthe~ndeR!<ndent school district. m __mhmn_n_m__ _um______, ___m_' _ ___mmmoo __m_U oohmoo), \\t\ ", ' " , " , " , .' , Notary Public \\ " " " " " " " " '\ . . nm m m nm m m nmmm n n n n .mn...m m nm m m m m .mmnm n m.m m m mmnnm n n mnmnm mmmm_.""... II ii II II II II II 1442416-5 10 II . If ALSO: }_~~_~~~_ A_____ ________,_______,____,______,_______ ___________ __ _ __ _____;~;:~: LEGAL DESCRIPTION ~, .... .' \:~\ " " " \:\ The Southwest Ouarter of the Northeast Ouarter. and the Northwest Ouarter of the Southeast Ouarter. all in the Section 27. Townshio 114 North. Range 20 West. Dakota County. Minnesota. That part of the Northeast Ouarter of the Southeast Ouarter of Section 27. Townshio 114 North. Range 20 West. Dakota County. Minnesota. described as follows: Beginning at the northeast comer of the Southeast Ouarter of said Section 27: thence South 00 degrees 19 minutes 57 seconds West. assumed bearing. along the east line of said Southeast Ouarter. 990,29 feet: thence South 89 del!Tees 57 minutes 18 seconds West. parallel with the north line of said Southeast Ouarter. 1320,15 feet to the west line of the Northeast Ouarter of said Southeast Ouarter: thence North 00 del!Tees 21 minutes 16 seconds East. along said west line. 990.29 feet to the northwest comer of said Northeast Ouarter of the Southeast Ouarter: thence North 89 degrees 57 minutes 18 seconds East. along the north line of said Northeast Ouarter of the Southeast Ouarter. 1319.77 feet to the ooint of beginning. . 1442416-5 . Ii Formatted: Font: Bold Formatted: Font: Bold Formatted: Normal, Indent: Left: 0., Right: 0., Tabs: 2.5., Left + 4., Left + 5.75., Left .. Deleted: . ; Deleted: . Formatted: Font: Bold II II " II II II II II II II II II I . EXHIBIT B. m_mn___m '_n__' ,___ ,___ __ ___ _m_nm___n_nmmnn'~~~::.: \::~ . 1442416-5 . " II Deleted: " Formatted: Underline Deleted: " Formatted: Underline Formatted: Underline " II II " II II II II Ii II " " II II II II II II II " n " II II " EXHIBIT C LEGAL DESCRIPTION Fee Parcel: That part of the Northeast Ouarter of the Southeast Ouarter of Section 27. Township 114 North. Range 20 West. Dakota County. Minnesota. described as follows: II Commencing at the northeast comer of the Southeast Ouarter of said Section 27: thence South 00 delUees 19 minutes 57 seconds West. assumed bearing. along the east line of said Southeast Ouarter. 990.29 feet for the point of beginning: thence South 89 degrees 57 minutes 18 seconds West. parallel with the north line of said Southeast Ouarter. 1320.15 feet to the west line of the Northeast Ouarter of said Southeast Ouarter: thence South 00 degrees 2 I minutes 16 seconds West. along said west line. 243,65 feet to a point which is 85.44 feet northerly of the southwest comer of said Northeast Ouarter of the Southeast Ouarter: thence North 89 delUees 50 minutes 26 seconds East. parallel with the south line of said Northeast Ouarter of the Southeast Ouarter. 1020.00 feet: thence South 27 delUees 41 minutes 18 seconds East. 96.35 feet to the south line of said Northeast Ouarter of the Southeast Ouarter: thence North 89 degrees 50 minutes 26 seconds East. along said south line. 255.00 feet to the east line of said Southeast Ouarter: thence North 00 delUees 19 minutes 57 seconds East. along said east line. 326.45 feet to the point of beginning, " " II Containing 7.89 acres. more or less, II II " Easement Parcel: II An easement for drainage pUrDOses over. under and across a part of the Northeast Ouarter of the Southeast Ouarter of Section 27, Township 114 North. Range 20 West. Dakota County. Minnesota, described as follows: II II " Commencing at the southwest comer of the Northeast Ouarter of the Southeast Ouarter of said Section 27: thence North 00 degrees 21 minutes 16 seconds East. assumed bearing. along the west line thereof. 30.29 feet for the point of beginning: thence continue North 00 degrees 21 minutes 16 seconds East. along said west line. 55.15 feet: thence North 89 delUees 50 minutes 26 seconds East. parallel with the south line of the Northeast Ouarter of said Southeast Ouarter. 1020,00 feet: thence South 27 delUees 41 minutes 18 seconds East. 62,20 feet: thence South 89 delUees 50 minutes 26 seconds West. 1049.24 feet to the ooint of beginning. II II II Containing 1.31 acres. more or less. II " I, II " 1442416-5 n " . II EXHIBIT D City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please nnd enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) II Please sign letter below and return to me at the address above verifying the exemption status. Thank you. . Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 1442416-5 II . " " " . . II The City's erosion control inspection fees for 2007 are chal1!ed at the rate of $65.30 per hour. Sublect to annual adiustment of this rate for 2008 and thereafter. and actual time Incurred. al!l!re2ate erosion control inspection fees are estimated to ooual approxlmatelv $5.500. Formatted: Underline Deleted: "e" Formatted: Underline Deleted: 11 IRREVOCABLE LETTER OF CREDITII ... . , No. 11 , , , , , . Dale: , 11 11 TO:. II EX" I BIT .E. _ u _, _ _ _ _ u u_ _ u _ _ _ u _u _ u _ _ _ u _ _ _ _ _ _ u _ _ u _ _u_ _ u u_ _ _ _ _ _ _ ~::.... to. _ __ _ _ _ _ __ _ _ _ _ _.............. _. __ _ _ _ _.. _ _ _ _ _.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ __ _ _ _ _ _ _ _ ","'<0."" EROSION CONTROL INSPECTION FEES "'<::: " II II II " II II II II II II II " II Ii II Ii 1442416-5 II II II II II . . . " I' " II EXHIBIT F Formatted: Font: Times New , Roman, Not Expanded by / ! Condensed by !, Formatted: Address 'i Deleted: MN " " ,i: Formatted: Font: Times New ;;i: Roman, Not Expanded by / ::!! Condensed by ", !i!: Deleted: 11 ::::: Dear Sir or Madam:lI H#: 11 H S i . We hereby Issue, for the account of ::~: . and ",' := ',f in your favor, our Irrevocable Letter of Credij In the amount of : f $ : i available to you by your draft drawn :: on sight on the undersigned bank.lI ;! 1( . , , , , , , ' , , , ' , , , , , ' . ' . . J;:_i~y_ 9J_f_l!!'!!!!t1..g!Qt1__ _ u______u ,_____u___u_uu_______,_ ,_____ _____, u______________ _____________u__ ,__uu______________ ui / 325 Oak Street ! Farmington, Minne~o!a ....??.9~1___m_____u_________,_____u______u______u____________u____u_______u______u______u_ ! Att<:ntion: CitX Admini~trat9r ____m________ _______,____u _______ _m_____u_____ _________________________u______________J ALTERNATIVE SECURITY .' January .2007 Formatted: Body Text,bt, Justified, i Indent: First line: 0.5", Space After: : 12 pt Deleted: draft must1( : 11 ,i . a) Bear the clause, "Drawn under "~"~I:,,! Letter of Credit No. Formatted: Font: Courier New, 12 , , ! pt, Not Expanded by / Condensed by :: : : :: Formatted: Font: Courier New, 12 ! f!. pt, Not Expanded by / Condensed by i i;; Deleted: Ifil/2O Independent School District No. 192. a Minnesota independent school district ("District"~ !!!I Formatted: Font: Courier New, 12 is developing real property (the "Property") within the corporate boundaries of the City of f il/ pt, Not Expanded by / Condensed by :: Farmington (the "City"). J.:~~uJ!!~~~!'!1.~n~!!!~'~~~_!!l.!<?n~nI?~~~}_'?P_~_<:!l.!_~~!l.~~!_~,i~_~_~~~ugt!Y..h~</ O::~~ned ~~:,e~~::rn:/City .;11 n ~~-~~~-~-6~~~~j~-~~~~~~~-~1iv~~~~1lZ~~;;ij~I~~:a~~~~~1:~~i;f~:~~ii~;:~~~~{'" ~~:~:~~~n of the City of Development Contract '!t_______,_____________ ___ ,_____________ _______ _u_ _____,_______ ,__ ,____,__, __,_______________,________ '_, \. 11' c) (~~:::::~~e:a~~ryr;ent at ," ," ;me Developm~nt, C,,?ntra,ct, regutres that the District l?rovide to the qty c<:f!ain s<:c_U1jtx t<? , \ \\ 1( This Letter of Credit shall assure the City that the District will comply with the Development Contract and that the Public \ \ \ \ automatically renew for successive Improvements Costs will be reimbursed by the District to the City. as and when reQuired by the \ \ \... one-year terms from the Development Contract. The District desires to nrovide to the City altemative security in the form \ \ \ Formatted: Font: Times New - l< -" , Roman, 12 pt, Not Expanded by / of this letter agreement and the City is willing to accept this letter agreement as altemative \ \ ' Condensed by security. The District. by and through Prudent Man Analysis. Inc.. an Illinois corporation. a/kJa \ \ Deleted: indicated above unless, at PMA Financial Network. Inc. ("PMA It). irrevocably pledges to fund and disburse UP to \ \ least forty-five (45) days prior to the , next annual renewal date. the Bank $ (the "Secured Amount") in accordance with the Disbursement Agreement \ \ delivers written notice to the CT47f dated as of even date herewith. a COpy of which is attached hereto as Exhibit "A". \. Formatted: Font: Times New Roman, 12 pt, Not Expanded by / \ Condensed by Deleted: 11 , This Letter of Credij sets forth In full our understanding which shalCf481 I, Re: Ii II Gentlemen: Any bankruptcy. insolvency. other financial difficulty of the District. or default by the District under any agreements entered into between the City and the District shall not affect the II II II " " " II II II .1 . . . District's and PMA's irrevocable obligations to disburse funds pursuant to this agreement. Neither PMA nor the District may take any action. such as but not limited to amending or terminating the Disbursement Agreement. that could impair the City's ability to draw down funds pledged to payment of the cost of the Public Imorovements. PMA agrees to honor this covenant under all circumstances. Sincerely. PRUDENT MAN ANALYSIS. INC.. a1k/a PMA FINANCIAL NETWORK. INC. .. - _, - - _, - - - - - - n, n _ _ _ _ _ _n _ _ __ _, __ _ _ _ _ _, _ n _ n _ _ _ _ __, n _ _ _ _ _ _ ~ Yi. __ :-:~:: 'ummmummumuu"""u"mmuuuuumumm~::EPENDENT SCHOOL DISTRICT NO. 1':"\::::' $ \ $ \ \\ By: ~ " ~: ~ .' " \; 1442416-5 2 Ii I' I~ If II Fonnatted: Font: TImes New Roman, 12 pt, Not Expanded by I Condensed by Fonnatted: Tabs: 3", Left + 6.38", Left Deleted: t .. ... . [name] t ,.. . . Fonnatted: Font: TImes New Roman, 12 pt, Not Expanded by I \ Condensed by \ Deleted: [identify official Fonnatted: Font: TImes New Roman, 12 pt, Underline II II " " " " II if I' II II II II II '1 " ~ _ _ _ _ _ _ _ _ n _ _ _ _ _ _ _ _ _ _ _ _ 0 0 _ _ _ _ n _ _n_ _ _ _ _ _ _ 00 0 _0 0 _ _ n n _ _ __ n _ _ _ 0 0 on _ _ _ _ _ _ n _ _ _ _ _ _ _ _ _ 0 _ __ 0_ _ _ _ 0 _ _ _ n _ _ _ n _ _ _ _ 0 _ __ _ n _ _ _ n 0 _ _ _ _ _n_ _ _ _n n _ _ _ n_ _ _ - - --- { Deleted: < .P> ...------{ Formatted: Top: 1" ]" EXHIBIT "A" TO ALTERNATE SECURITY January . 2007 City of Farmington 325 Oak Street Farmington. Minnesota 55024 Attention: City Administrator PMA Financial Network. Inc. 6551 Jansen A venue Suite 101 Albertville. MN 55301 Attention: Mr. Kent Johnson Independent School District No. 192 421 Walnut Street Farmington. MN 55024 Attention: Director of Administrative Services II Re: Disbursement Agreement Gentlemen: II This letter addresses the operating procedures under which the City of Farmington (herein "City") will authorize disbursement of funds pursuant to the letter agreement dated as of even date herewith. between Prudent Man Analysis. Inc.. an II1inois corporation. aIkIa PMA Financial Network. Inc. ("PMA"). the City. and Independent School District No. 192. a Minnesota public corporation (hereinafter "District") (the "Letter Agreement") for the above-referenced development. II II I. Certification of Work. Bonestroo. Rosene. Anderlik & Associates. Inc. (the "Citv Engineer"). shall certifv on behalf of the City the progress of construction of the Public Improvements at the completion of each stage of construction. Each certification shall set forth the quality of workmanship. stage of construction according to the plans and specifications. the dollar amount of work completed to the date of certification. and the dollar amount of disbursement necessary to pav for the most recently certified work. " " II " II 2. Delivery of Certification: Approval bv City. The City Engineer shall mail by certified mail. postage prepaid. return receipt requested. or hand deliver. each certification contemporaneously to PMA. the District. and the City. The District. through a private engineering firm retained by the District (the "Private Engineer"). may (but shall not be required to) perform its own independent inspection of the Public Improvements. and may give contemporaneous written approval or rejection to PMA. the City and the City Engineer regarding any item in the most recently received certification. In the event of any dispute between the City Engineer and the Private Engineer in connection with any certification. the City and the District shall jointly retain the services of an independent civil engineer (the "Independent Engineer") to make any final determination regarding such certification. during which period the disputed items in such certification shall be withheld from payment pending final resolution. The Independent Engineer shall be jointly retained by the parties not later than thirty (30) days following receipt by either II II II .......:/,.{ Deleted: U 1442416-5 1 't _ _ _ _ __ _ _ _ _ _ _ __ _ _ _...._.. _ _ _ _ _ __ _.... _. _ _ _ _ _ _ ___ _ _ _ _ _ __ _.. _ __ _ _ __ _ __ _ _ _ _ _ _.. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _. _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _. _ __ _ _ _ _ _ _ _ _ _ _ ____ ____ _ _ _ _ J' II I; . II II It ~ _ _ _... _.. __ _... _. _... _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ __........... _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _. __..... _. _ _. _.. _. _ _ _ _ __. _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _.. _ _. _....... _. _ _ _ _.' --.. { Deleted: <.p > .......//,.{ Deleted: 1'1 1442416 -5 2 11: _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ ____ _ _ _ ___ _ _ _ _ _ _ _ __ _ _ _ __ __ _ _ __ _ _ _ _ _ _ _ _ ___ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ _ __ _ _ ___ _ _ _ _ _ .___ _ _ _ _ _ _ _ _ _ ___ _ _ __ _ J party from the other of a written request for retention of the Independent Engineer. The City and District shall cooperate and act promptlv with respect to any such dispute. and any required resolution by the Independent Engineer shall occur not later than thirty (30) days following engagement by the City and the District (the "Resolution Deadline"). unless the Independent Engineer advises both the City and District that resolution shall take longer than thirty (30) days. in which case the Resolution Deadline shall be extended to a date reasonably determined by the Independent Engineer by which the Independent Engineer may resolve such dispute with reasonable diligence. In the event any resulting resolution includes a determination that a certification. or portion thereof. is invalid. such certification (or the invalid portion thereof. if not completely invalid) shall be withheld from payment pending completion of any required corrective action and recertification therof pursuant to Paragraph I above. Any such recertification shall be deemed a "certification" for purposes of. and shall be subiect to the provisions of. this Paragraph 2. 3. Disbursement and Retainaee. If the City Engineer approves the certification and to the extent there is no reiection thereof by the Private Engineer. PMA may rely upon the certification and may disburse no more than ninety percent (90%) of the sums certified by the City Engineer. Ten percent (10%) of all certified sums (the "Retainage") shall be retained until the final inspection by the City Engineer and the Private Engineer. The Retainage shall be disbursed 91 days after the City Engineer and District Engineer complete their final inspections and approve of the Public Improvements. If the City Engineer or Private Engineer obiect to any item in a certification. PMA shall not disburse any funds relating to that item until such item is resolved pursuant to Paragraph 2 above. 4. Final Inspection. The City Engineer and. if desired by the District. the Private Engineer shall make a final inspection of the Public Improvements. Following approval of the Public Improvements. or resolution of any dispute. if applicable. in accordance with the procedures set forth above. PMA shall disburse all remaining amounts so certified. including any then unpaid retainage. 5. In Lieu of Letter of Credit. This Agreement is in lieu of the letter of credit or other security normally required by the City to secure the completion of subdivision improvements. 6. Successors and Assiens. The terms. conditions and provisions of this Agreement shall be for the benefit of and binding upon the parties to this Agreement. their successors and assigns. (The balance of this page has been intentionally left blank.l . II II II II II II li I' II ., . ., .' ., . II Ii II II II II II II II ~. __.... __... __.. _.. _ u _ _ _ _ n n _ _ _ _....... __. _. _ _ _ _n _ _ _ n n _ _ _ _ _ _ __ _. _ _ __ _. n _. _ _ n _ _ _ _ _ _ _ _ _ _ _ _ _ _ n _ _ _ _ n n n _ _ _ _ _ _ _ n n. _ _ _n n_ _ _ n _ _ _ _.. _ _. _ _' -... { Deleted: < .P> IN WITNESS WHEREOF. the parties hereto have set their hands on the day and year first above written. PRUDENT MAN ANALYSIS, INC., alkla PMA FINANCIAL NETWORK., INC. BY: Its CITY OF FARMINGTON BY: Kevan A. Soderberg. Mayor BY: Peter J. Herlofsky. City Administrator INDEPENDENT SCHOOL DISTRICT NO. 192 o BY: Julie McKnight. School Board Chair... II II II II I; II Formatted: Indent: Left: 3", Hanging: 0.31" Formatted: Font: 12 pt, Not Bold II d .......,:/'{ Deleted: 1'1 1442416-5 3 11. _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ ___ _ _ _..._ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ __ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J . II I. I' I' II II II II II . . . Page l'='fS:lQt!leted Lee M. Mann lLl0/2007 1:46:00 p~. I Development Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written tenns of this Contract, subject to paragraphs 6 I! II II II II II ~ ;'PJige 2:;[2] Del~ . _ Lee M. f.4ann ~~8i~'Ilar.KJ~v.elielit Plan Plan E - Zoning/Development Map Plan F - Wetlands Mitigation as required by the City Plan G - Final Street and Utility Plans and Specifications .1/10l20.07J:46:00 P.M.....J II ., " The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, el~c~ cable television, and telephone! ,.;pIleJit.1Stiillatian "'''..:.''Ul~..ct)''''tiin.'' .1'..... .....":'d 'M>."': .....-, om u."ielic\ri . ..!l"' ""'oIC-ublic m. ~- '.1"" -elS'Jd' 'dl\imlinJ , J:JI&~~~"ol/ ~~'t.":"" c!,J..LU.l\l'" "._~." .'. . ~'1 ..~ -.< ~r.:ag ~J.I ~ Iti "tJi e)c!!Xs eD.li!!!ee:rin:g:j~tie . , ihti!s" .. ", . etaiLg1ite. II II I: Ii Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: II II This agreement has been fully executed by both parties and filed with the City Clerk, The necessary security has been received by the City, The plat has been submitted for recording with the Dakota County Recorder's Office, and The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. II " II Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. I' II II II Zoninl!!Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. II II 11 Reauired Public Improvements and <ASSESSED AREA> Assessments. The Developer shall install and pay for the following: 'J. 'P.g.1"'2t[3] Deleted,"J _ _ _ 1/10/2007 1:.g;:00 PM Lee M. Mann a. Sanitary Sewer Lateral System II II II 1_;.1Pa."""JJ 2: ~4.'-~'~.'d.,"_"'~. 8tteC:I.'. _' _ _' _ _ _,RI, d..er_Be,_,nn..ett" .~ Ill0l20071'46'OO ~ J t :I. _. -_.:.._~. '., ,,',_, ":~'~"''''''_'~ Centered, Space Before: 3 pt, After: 3 pt II II I: I' " ]1riGe:2::[$]~ . _ _ _ _ _ Rider Bennett _ _ _ Illo.l200~I:!I6:o.o.;Pt!I _' Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt '7P. 2: [6]Dileted ,Lee M..Mann _ _ _ _1/lo./2o.!J.7..1:~:o.JtPM... i. Erosion Control, Site Grading and Ponding II . I' jP.aP~1.tl~l~~" _ _ _ _' ---2_ Rlder_Bennett__ _ _ _ __' 1llo.120o.t.1!~:OO.PM.J Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt 1F'"~12:~t8J:~iiroji~.___ ___'';' ~__Rlder Bennett';":- ~_" _ ______I/IO'120b7.l.1~~:o.o..P.M..J Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt r5.a.e.~~Ilf9Rnj~'~~ _ _ ...:..... _ Rider 'Bennett~_ ':.:.:.." ~--:llI0l2Qoti':jfiio.o.p.t!I.J Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt .l!Ite12'!~tl:d][i!o.im~::':_ ~ ", '_=- __RRiel'.;.iJennett _ _ i.~ _~:":':':"ll1Ut.2o.07~1:~1o.o.:~M..J Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt ..~~age~:i:~[:i!I] DeI6tecl _ _ _ _ _ _ Lett_M. M;ln.lL _ _:.. _ . _ .~/lo.'-2..o..Q7_1:!I.tl:O.PJ~.M...J k. Setting of Lot & Block Monuments II II II II . li.'i~l!lfij[m;.~~'" - JUde.. aen....:2:.:::i<' r. :::..,:c.:..::::"ll1tti.20,Cfilf::M:o.o..PM..J Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt m~~."Jr; "',.~. .'~~~':"':. '~a.c, Ct,;""'.. 1'" ". ~".....' .' ,"';:n "'.' \~,.,-,,~ : " .....<,',.,'I~,;o...I',200'~ 7.L~'I':,~:!".:o.o..,B.M..J ta':i;ltavcf'.&i&lI;::..'l:tA..........~"" c.." "z"" ,._N.~Benriett..'.f<.i,,:...!,.:.. \ -'. -wiot:, ....~~ r.: Right, Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt ~~:Prl'i]l'~a.ttecI~~~" .~" . 'RlCI8'~B8nMd:--.-'i"., Pi ."t-:r,.;' l^il"ti'!1Ob)i'i'~.o.o.P-M.l ........~ec:L;..._,,~~ _ ... _... ...~. _____~..... 'I.. I.. . ._.... . _.._..~ Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt ..::~jd~\'[t$j Dt!!tmHI'.__ 'Lee t!I..Mann _ _ 1l1o.l2o.07_1:!16:o..o..~t!I_ f. Street Signs m. Landscaping, Screening, Blvd. Trees g. Street Lights Ii " I: bP.8d8;a:"i~16] D..e18ted: _ _ .Lets M. ~an.~.;; _ _ __~/lo.l2007_J,:~.o.o..p.~_' and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the fmal plans and specifications, without prior authorization of the City Engineer, shall be considered a yiolation of this agreement and a Default of the Contract J".:2{[l!,'llD.fl~ _ _ _ _ _ L.ee:M.L-Mann _ _'J.'-lo./J..o.Jrl.~..~:JI.9..PM.J to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certifY that the construction work meets the approyed City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer _ ' Page.3: '[l8Jstb!.i~ _ _ Lee M. Mann 1/10./20.0.7 1:~:o.o..p'~ J I, 11 II " II If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. II .1 II All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. . Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's suryeyor shall submit a written notice to the City certifying that the monuments have been installed. JI II II II II II II II . <ASSESSED AREA> Assessments II II II The parent parcels of <DEVELOPMENl> have been assessed for improvements to <ASSESSED AREA>. The total levied assessment amount for the parcels is: 11 Parcel Nos. <PARCEL> Total amount levied: $<ASSESSED AMOUNT> II A portion of the levied assessment plus interest becomes due with the fmal platting of <DEVELOPMENT>. The amount due with <DEVELOPMENT> will be calculated proportionally based on the area of <DEVELOPMENT> being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. .' The Deyeloper may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to the lots and blocks of <DEVELOPMENT>. If assessed, the assessments shall be spread over a IO-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waiyes any appeal rights otherwise ayailable pursuant to M.S.A. 429.081. Ir .' II . Time of Performance. The Developer shall install all required public utilities, by September 30, 2004, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension oftirne from the City. Ifan extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. II Ownership of Improvements. Upon the completion of the workand construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlots A, B, C, D, and E shall be deeded to the City following the completion and approval of improvements as required under Plans A-G. 10% of the total security amount shall be held until the required outlots are deeded to the City and the required As-built plans are submitted and approved. A Letter of Exemption, attached to this contract as Exhibit "B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. .' II II II . II II " II II II II .' II II . months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Deyeloper until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identifY the procedures for final acceptance of streets and utilities. :fi'faa. ~: [i9J Deieted. . _ _ _ Lee M. Mann _ _ '"' _ _1/10/2007."1:~:OO_PM l Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ <WATER QUALITY MANAGEMENT FEE> based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. Landscapine:. The Developer . _1"e.:.4:,[:iO]~~leted. .Lee M. ,tt1.al)l) _ _ _1'-lQL2Q.O.t...l=-~:J)j) .1!tt1.J The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. II Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-G. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvernents or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. II II II . Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensiye Plan, except an amendment placing the plat in the current urban seryice area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. II II II Ii II II II II I' .; " . Surface Water Manaeement Fee. The Developer shall pay an area storm water management charge of $ <SURFACE WATER MANAGEMENT FEE> in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Deyeloper waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. II Wetland Conservation and Mitieation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conseryation and the Wetlands Mitigation Plan. II II . Water Main Trunk Area Charee. The Developer shall pay a water main trunk area charge of $ <WATER MAIN TRUNK AREA CHARGE> for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat oyer a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $<TRUNK WATER MAIN CREDIT> will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the Water Main Trunk Area Charge to be paid with this plat is $<ADJUSTED WATER MAIN TRUNK AREA CHARGE>. II " Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ <WATER TREATMENT PLANT FEE> for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. II II Sanitary Sewer Trunk Area Charee. The Deyeloper shall pay a sanitary sewer trunk area charge of $ <SANITARY SEWER TRUNK AREA CHARGE> for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waiyes any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise ayailable pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. II . Park Dedication. The Developer shall be required to dedicate <PARK ACREAGE> acres of land - - .. - ..... - - . - .....- ......- -=-- 4~ ~ ~_~"l" !!~-, for park purposes. ll!!! gark..tlland, shall .~-. !!nP~ve.!t..:Ytj~djilCe~wi~~'ft1ie.PP!2~ed....:f~ II II II I, II II II . fii~elP-qQt~Jtliih'iul(fd1e::citV'::s Engm~clDgGl7i~eTi1tesJ The Developer shall pay the City $ <PARK DEDICATION> as cash in lieu of land in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat oyer a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. Park Development Fee. The Developer shall pay a Park Development Fee of $<P ARK DEVELOPMENT FEE> that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The park to which the Park Development Fee for <DEVELOPMENT> shall be credited/coded to is the <PARK NAME> (<BUDGET NUMBER>). The City shall allow the Developer to either pay the entire park development fee at the time of final plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the final plat. A credit of $<PARK DEVELOPMENT CREDIT> will be given to the Developer for park and trail improvements within the plat. The net result is that the Park Development Fee to be paid with this plat is $<ADJUSTED PARK DEVELOPMENT FEE>. Sealcoatine:. The Developer agrees to pay a fee of $ <SEALCOATING> for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. . GIS Fees. The Developer is responsible for a Geographic Information System fee of $ <GIS FEE> based upon the acreage or number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning seryices. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. II II II . Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ <SECURITY>. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and " I~ II . wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shaIl be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public irnprovements are not completed, or tenns of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreernent or Default of the Contract. The amount of the security was calculated as follows: II II II Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ $ $ $ $ Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ $ $ $ $ " II " Two Years Principal and Interest on Assessments $ <PRINCIPAL & INTEREST> II This breakdown is for historical reference; it is not a restriction on the use of the security. II ~I Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications, and tenns of this Agreement, and that all financial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations that haye been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements haye been completed, all financial obligations to the City satisfied, the required "as built" plans have been received by the City, a warranty security is provided, and the public irnprovements are accepted by the City Council. II II " . .~itiiP'6:;[21j, hliatecl' _ _.:... ~ _ .L" M. Ma.~r)_ _ __ _ _ ,1/.10l2f)01_1:~:~P ~". I In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shaIl retain jurisdiction to determine attorneys' fees pursuant to this Contract. 1,liitiii6~,'r2'2J!bel~' _ _ _ _ . __ _J,.~ M., M~nn _ _ ll~QI.2007..1:~:00.PM_, If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills ~Ji.ie~[~lr=o~!Itted "....::____ __~.d~r.~.,~.'. "':":~~ _1/..1Pl200.t.lfgj:.OPJ~"" J Indent: Left: Oil, Hanging: 0.26", Space After: 12 pt, Numbered + Level: 1 + Numbering Style: I, 2, 3, ... + Start at: 19 + Alignment: Left + Aligned at: 0" + Tab after: 0.26" + Indent at: 0.26", Tabs: Not at 2.5" + 4" + 5.75" II II II II II II I, " ,tPage'6: [24] Deleted Lee M. Mann .1/10/2007 1:46:00 PM _ Wetland ButTer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. II It " . Page): [25] Deleted L.-ee M. Mal:'!n J/10/2007 ~.:~:f)Q Pt! Ii II II II II " II . Existine: Tree Preservation. The Developer will walk the site with the City Forester " . P8P 6: [26].l)eIeted Lee M. ~ann~ identify all significant trees, which will be removed by on site grading. 1/1012007_1:46:00J~.M . ieage,6:.[27].Deleted ~ _ __ _ Lee M. Mann_ . 11.10/2007 1:46:00 PM _ Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder 1!P.5iiif~:1i8j!F.Haftea! .; ;'/'-",." IJIJw_~d~.*~$'if . Keep with next, Keep lines together ~rZ: [i9~ DeleteCl~ ____ _ --'Le8'M..t:tang":'" " : l{B/j11l71;.\r.:~:M ~M J _ _ :ll1fJL2fJ_01.'l:~:OOJ~t:t._ II . Breach of the tenns ofthis Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. ~}j;if.Di~i1fQi1:2"~/ -"'C" " '" Rfair"BertriMf ~:;\:., - ~_ _ '::::"'~til:1101.t2ctiSj~Ji:~.:0fJ_p'~_1 Formatted Bullets and Numbering ~R.~"f!(all'DeI~.'~" __". _ _ ,~f!9.i~t:tisng-2......-._ _ __ __ "'j'lh1t1..2pj)L1:~:OO"PM_ Building permits shall not be issued prior to completion ::t!~tft~f~.DB':'" ,( , ., __Rlder.Bennett ,. Formatted Bullets and Numbering ':1'PlIge.7:1:[-331 Deleted _ _ _ _ Lee M. Mann. 1/10/2007 :1,:46:00 PM I private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a suryeyor's certificate denoting "If.g81\~!lE34]'D8IetiKI Lee~. .Ma.nn 1/J.JJ/:J.!J011.:'H);P.o ~M_ appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that II II 11 II II II ,~ -"';' 1'!.iJf012olj~:~:OfJ:p.~.....I II II II II II . P..7l.[)5J ~~ _ .. _ _ _ _ Lee.M. Mann_ _. _ _1/10120b7_1:46:00_P.M. shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets Pa)e 7:.[-36] Q.eleted Lee M. Mann _ _ _ . 'J"l19./JP"07 1:46:.00 PM J when such a waiver is granted f~~~ri@.7i~~~",e_ ~___RlderJI:ennett_:':''':':''' _ :-.._..t..l'l101.2Q.o7):=46:~_Pt!I J Formatted Bullets and Numbering II II Ii PIIP 7: [~] DeI~ _ _ _Lee M. Mann _ _ _ 1/10L2007'l:46:00 p'M Ii II .' II II II . The Deyeloper represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued frorn said agency. -;jP,fjii:;m39J:e6:Bn.ge' _ _ Rider" Bennett'. _ _l/io/;2001_'I:~:OO.P.t!I..J Formatted Bullets and Numbering ',~~" zi"[.40]-Deleted - _ _ _ _ _ Lee M. Mano _.... _ _ 1/1fJ/~fJ.0."I:.*:.0.fJ...P-~ Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. " II II " II II II II Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Deyeloper does comply. Upon the City's demand, the Developer shall cease work until there is compliance. ~I . This Agreement shall run with the land and may be recorded against the title to the property. The Developer ;'.aa~1:;rU~.~I"""" _ Ia.... Mann _ __ '.11.10l200.~.I:~:Q,OJ~.~"': Developer shall take out and maintain until six months after the City has accepted the public iI~:lY}.i1ii!i;rgiE~itJ . ",!, .~".. '",::,Rider~.,i1Mtt1-c':" f. .~'it''r, ~~ '~"f'11.i'iOl20,07.: l:_:o)i~I!tL.1 Formatted Bullets and Numbering 1lIIi.~~~"'~~(~ ,,' .;'i. ,.,. . "'..i . ~ . RI:iI':':l. ..~Lj;(~'... ',~I ~y~' r."Jf., '~.-;.,.' ...:"i;'110l 20"0""';;1' A....OO:..DU '01 ~1t"-1~:5u..-..:J:'~-"-_. . ~ ~....';. :::1 't- ~~ uaI"':'Jil!lanuCl,",,"~' .~ r ; 'A,~ . ~,~ .:-:v. , ...1'7;1';I..J Space After: 12 pt ~ii:Td3itG.if.,i!1li..~ ".,1:>", '.L;,~." ~.~' '.:. IJIdet::B.eno-.u:" . -'" .ii: -"~,,4.~titrlrlO/~O,O~_I:tIIi:o.O.:.~~....J Formatted Bullets and Numbering II II iitp~:"''''7;~r':45'~]'Del8ted. , ~~""'~.(."~L' _ _ _ _ Lee M. Mann__ _ _ __ _ 1/10/20,07 1:46:00..eM J Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. . I' -':'figi'7i,t46j:~I8ted _ _Le@_M._Man~, _ _ 1/~Q/~oq7 1:46:00 ~t!I__ City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. II II " II The Developer II ,Pate'l: [47]:PeIeted Lee M. Mann . _ __ _ .1/IQ/2007 1:~...OO PM · indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date II . I~ II I' II II II II II II . "'Pil'oi(l:j[_ll)8leted ___ _ Lee M. Mann _ _ 1/~O/'l,qo.7 J,;%;QO P.Jet I II This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. " II " II II [NAME OF BANK] II II II . II " It it II 11 II . 106 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council members and ~"'... City Admin i stratcii-/ ? \./ ''-... FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve 2007 Park Construction and Planning Projects DATE: January 16, 2007 INTRODUCTION/ACTION REQUESTED Staff developed a 2007 Park Improvement Fund Budget. The Park and Recreation Advisory Commission reviewed the budget and approved it at its November 8, 2006 meeting. The City Council is being asked to approve by motion the construction and planning projects costs of $340,000 identified in the 2007 Park Improvement Fund Budget. DISCUSSION Attached is Exhibit A, which identifies the park improvement projects that are being recommended to be completed in 2007. · Construction Projects: Daisy Knoll Park, Dakota County Estates Park and Westview Park have been identified to receive improvements in 2007. A list of improvements has been shown in the budget. · Planning Projects: The City is undertaking a 2030 Comprehensive Plan Update. As part of updating the Comprehensive Plan, the Parks and Recreation Chapter will also need to be updated. Funds have been identified at a not to exceed amount of $45,000 to hire a consulting firm to assist City staff with updating the Parks and Recreation Chapter. The other planning project includes the creation of a master plan for three parks: The park area in the Riverbend Development, Farmington Preserve and the park area that is being finalized in Newland Communities Fairhill Development. Attached is Exhibit B, which shows the schedule for the development of master plans for the individual parks. BUDGET IMP ACT As of November 30,2006, the Park Improvement Fund balance was $563,713. The November 2006 fund balance is shown because the December 2006 financial report has not yet been completed. The Park Improvement Fund should see further funding in 2007 through liquor store profit transfers and through cash in lieu fees to be collected from developments that were final platted in years previous to 2006. These cash in lieu fees will be collected through assessments against the lots in the new developments. Additionally as new developments are platted in 2007, it is anticipated that more money will be collected for the Park Improvement Fund through cash in lieu fees and park development fees received from the new developments. A final source offunding will be through the one year extension ofthe recycling contract with Dick's Sanitation. The contract states that 50% of the profits realized from the material recycled by City residents will be deposited in the Park Improvement Fund. It is estimated that this annual amount will be between $10,000 and $15,000. Attached in Exhibit C is the projected fund balance for the years 2007-2011. .~fIYY 2J:;JtfJ ~~ D7%d. Park and Recreation Director cc: Park and Recreation Advisory Commission ~ ~ ~ w co . 2- co U t/) ~ I.. co ~ ~ ~ o N I ..... o o N ... t/) o U S o l- I.. CO (I) >- It) NO .,,0 ~ ":. q ~ ........ o M ~ N ~;; NO ." 0 o NO NtO ~ 0"" o CO.... N ** c CO ~ ... C (I) E (I) > o I.. e. E NO 1l)0 0') NO O tOtO ." 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Q) 0:: Ex h',b',+ (3 Development Schedule for Completion of Master Plans for Individual City Parks Approved park Year master plan Park Name Acres master plan developed Dakota County Estates 4.4 Yes 2006 Daisy Knoll 19.6 Yes 2006 Depot Way Arts Park 0.75 Yes 2005 Farmington Preserve (Parkview Ponds 4.3 No 2007 Development) Evergreen Knoll 4.5 Yes 2005 Fair Hills 2.4 No 2010 Hill Dee Park 3 Yes 2005 Hillview 3 No 2011 Lake Julia Park 26.9 No 2008 Meadowview Park 43.3 Yes 2004 Meadow Creek Third Addition Park 3.86 Yes 2005 Middle Creek Park 41.4 Yes 2005 Mystic Meadows Platting and deeding of park to Yes 2006 occur in the future. 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N L() N o CO CO 000000 000 000 OL!)L!) .,....<0<0 N ...J < l- e I- tJ) CI) tJ) C CI) C. >< W ~cn 0>0 '-U CU e .c 0 U:.;::; "C U e 2 CUw 1Il e W 0 .~ U 2:"C 1Il W W ,~ U) ro (i'-E ~-g0.1! tJ)cu::J......'t; W....JU)OUJ - (.) (1) '- o ... a.. "C CI) - C1S E 0000 00 00 <00 o c W E ,9- W ::J.c 0- ...... UJO o o o cD o .... ~ ~ Oi --- t:::: "tJ ~ co ~ U N L() ......- l.O l.O ...... o o L() l.O .q- N L() ......- .... M ...... o o o o en .... N L() N N o l.O o o q o N N N L() N cD L() L() o o 0_ o .q- M N L() C\!. o .q- L() ...J < l- e I- "C e ::J LL C W E W > o '- 0. E ..I<: '- CU a.. e W U e ~ CU co 0> e e 'ro E W 0:: "C W ro E ~ UJ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us /0: TO: Mayor, Councilmernbers, City Adrninistratolf FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2007 Seal Coat Project Feasibility Report DATE: January 16, 2007 INTRODUCTION Attached is the Feasibility Report for the 2007 Seal Coat project. The project consists of seal coating specified residential streets. DISCUSSION The 2007 Seal Coat project is the fourteenth project in the City's seal coat program established by the City of Farmington in 1994. The seal coat program is implemented in a seven-year cycle. The streets indicated in Figure 1 of the report and Attachment A are to be included in the seal coat program this year. The streets in Middle Creek 5th through ih Additions, Middle Creek East, Meadow Creek 3rd Addition, Devonport Drive, 209th Street between Trunk Highway 3 and Cantata Avenue, Cantata Avenue between 209th Street and 20Sth Street, and 20Sth Street between Cantata Avenue and Cambodia Avenue are to be seal coated for the first time this year. The streets of Nelsen Hills Farm Fourth and Fifth Additions, Troy Hills First through Fourth Additions, Prairie Creek Fourth Addition, The Industrial Park, East Farmington First and Second Additions, East Farmington Eighth Addition, Honeysuckle Lane between Ash Street and Second Street, Second Street between Ash Street and Maple Street, Hickory Street between Second Street and Third Street, and the alley south of Saint Michael's Place are also scheduled to be seal coated this year. BUDGET IMPACT Several streets in the 2007 seal coat project area have been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs pursuant to Minnesota Statute 429 and the City's Special Assessment Policy. The remainder of the costs would be funded through the Street Construction and Maintenance Fund (Formerly known as the Road and Bridge Fund). It is recommended that the City of Farmington continue to partner with the City of Bumsville who administers a Joint Powers Agreement for sealing coating, traffic markings, aggregate screening, street sweeping and crack filling. Cities involved in the Joint Powers Agreement include Bumsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Mendota Heights, and West Saint Paul. Cost information is included in the cost estimate section of the attached report that indicates the costs anticipated through the Joint Powers Agreement. The total estimated project cost for the 2007 Seal Coat project is approximately $209,830. The City's special assessment policy indicates a 50/50 cost sharing split between the City and the properties benefiting from the seal coat improvements. The estimated assessment based on the estimated project costs and the special assessment policy is $79.30 per residential equivalent unit. ACTION REQUESTED Adopt the attached resolution accepting the feasibility report, scheduling the public hearing for March 5, 2007 and authorizing preparation of plans and specifications. Respectfully Submitted, ~m~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R( )-07 ACCEPTING FEASIBILITY REPORT, CALLING FOR A PUBLIC HEARING AND AUTHORIZING PREPARATION OF PLANS PROJECT 07-01, 2007 SEAL COAT 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 16th day of January 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, the City Engineer has prepared a preliminary report with reference to the following improvements: Proi. No. 07-01 Description Seal Coating Location various - see Attachment A : and, WHEREAS, this report was accepted by the City Council on January 16, 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 the improvement of such streets in accordance with the report and the assessment of abutting property for all or portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total construction cost of improvements of approximately $209,830. 2. A public hearing shall be held on such proposed improvements on the 5th day of March, 2007, in the Council Chambers at Farmington City Hall at 7:00 PM and the clerk shall give mailed and published notice of such hearing and improvements as required by law. 3. Lee M. Mann 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 16th day of January, 2007. Mayor day of February, 2007. Attested to the City Administrator SEAL Attachment A Streets Nelsen Hills Farm 4th and 5th Additions Everest Path Explorer Way Explorer Court Exodus Avenue Esquire Way Essence Trail Englewood Way Excalibur Trail Prairie Creek 4th Addition 18ih Street West Easton Avenue Easton Court Eag1ewood Trail Meadow Creek 3rd Addition 18ih Street 189th Street 190th Street Troy Hills ]'t through 4th Additions 190th Street West Everest Path Everglade Path Everest Trail Everest Court Evenston Drive 193rd Street West Evening Star Way Evening Star Court 1915t Street West Middle Creek 5th through 7th Additions 203rd Street West 203rd Court West Enright Court 206th Street West Location North phase line of Nelsen Hills Farm 5th Addition to 188th Street West All All North phase line of Nelsen Hills Farm 4th Addition to Esquire Way Everest Path to east phase line of Nelsen Hills 4th Addition Esquire Way to southeast phase line of Nelsen Hills Farm 4th Addition Everest Path to east phase line of Nelsen Hills Farm 5th Addition Englewood Way to south phase line of Nelsen Hills Farm sth Addition Embers Avenue to east phase line of Prairie Creek 4th Addition All All Embers Avenue to east phase line of Prairie Creek 4th Addition Dunbury Avenue to 189th Street Dunbury Avenue to east phase line at Meadow Creek 3rd Addition East of Dunbury Avenue Everest Path to east phase line of Troy Hills 4th Addition 190th Street West to 19Sth Street All All All All West phase line of Troy Hills 15t Addition to east phase line of Troy Hills 15t Addition All All All English Avenue to east phase line of Middle Creek Sth Addition All All Cypress Drive to Eastview Avenue Streets Middle Creek East ]'1 Addition Eastview A venue Industrial Park 208th Street Edmonton Avenue 210th Street West 211th Street West Eaton Avenue East Farmington 1st, 2nd, and 8th Additions 9th Street 10th Street 11th Street Oak Street Spruce Street Walnut Street Locust Street Larch Street Downtown area Honeysuckle Lane 2nd Street Hickory Street 209th Street Cantata Avenue 208th Street Devonport Drive Alley south of Saint Michael's Place Location 203rd Street West to 206th Street West All All All All All Trunk Highway 3 to Larch Street North phase line of East Farmington 8th Addition to Larch Street North phase line of East Farmington 8th Addition to Larch Street 9th Street to east phase line of East Farmington 1 st Addition Trunk Highway 3 to east phase line of East Farmington 1 st Addition 9th Street to east phase line of East Farmington 1st Addition 9th Street to east phase line of East Farmington 2nd Addition Trunk Highway 3 to east phase line of East Farmington 2nd Addition Ash Street to 2nd Street Ash Street to Maple Street 2nd Street to 3rd Street Trunk Highway 3 to Cantata Avenue 209th Street to 20Sth Street Cantata A venue to Cambodia A venue All All FEASIBiliTY REPORT FOR PROJECT NO. 07-01 2007 SEAL COAT PROJECT Prepared by: WJK 4-/ David R. Sanocki, P.E., Engineering Division I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. ~Yt1~ Lee M. Mann, P.E., City Engineer Date: January 16,2007 Reg. No.: 24541 City of Farmington, Minnesota Engineering Division (651) 463-1600 325 Oak Street Table of Contents Introduction................................................................................................................... .................. 3 Discussion....................................................................................................................... ................ 3 Cost Estimate ........ ............. ............. ................... ..................................... .............................. ......... 4 Project Financing ................. ........................................................................................................... 5 Conclusions And Recommendations................. ...................................................... .............. ......... 6 Attachment A........ ......... ................................... ...................................... .... ....................... .......... ... 7 Figure 1 - 2007 Seal Coat Areas Figure 2 - Seven Year Cycle Seal Coat Program 2 Introduction This report has been prepared to determine the feasibility of seal coating City streets as planned during 2007. See Figure 1 for the areas to be seal coated in 2007 and Attachment A for a list of the individual streets to be included in this area. The annual seal coating program, initiated by Farmington in 1994, is implemented in a seven year cycle in which assigned areas are seal coated each year (See Figure 2). The City requires new streets to be seal coated approximately two to three years after the final bituminous wear surface has been placed on the street. After the first seal coat application, streets are typically seal coated every seven years. New streets within developments will continue to be incorporated into the plan as they are added to the City's street system. The purpose of seal coating is to improve the quality and extend the life of the City streets. Seal coating delays the need for costly street reconstruction or other corrective work for which a portion of the costs are assessed to the adjacent property owners. The streets indicated in Figure 1 and Attachment A are to be included in the seal coat program this year. The streets in Middle Creek 5th through ih Additions, Middle Creek East, Meadow Creek 3rd Addition, Devonport Drive, 209th Street between Trunk Highway 3 and Cantata Avenue, Cantata Avenue between 209th Street and 20Sth Street, and 20Sth Street between Cantata Avenue and Cambodia A venue are to be seal coated for the first time this year. The streets of Nelsen Hills Farm Fourth and Fifth Additions, Troy Hills First through Fourth Additions, Prairie Creek Fourth Addition, The Industrial Park, East Farmington First and Second Additions, East Farmington Eighth Addition, Honeysuckle Lane between Ash Street and Second Street, Second Street between Ash Street and Maple Street, Hickory Street between Second Street and Third Street, and the alley south of Saint Michael's Place are also scheduled to be seal coated this year. Discussion Prior to 2004, fine seal coat aggregate (FA-2 Modified Aggregate) had been used in the cul-de- sac areas and larger aggregate (FA-2 Aggregate) had been used on all remaining areas. Fine aggregate, which tends to bind to the road surface better than larger aggregate, typically costs up to three times as much as the larger aggregate. Since the fine aggregate had been significantly more costly than the larger aggregate, it was only used in the cul-de-sac areas. Since 2004, the City has participated in a Joint Powers Agreement with the City's of Bumsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Mendota Heights and West Saint Paul to complete Farmington's seal coat project. From 2004 to 2006, the quantities of the fine aggregate (FA-2 Modified) combined from all the Joint Powers Agreement City's far outweighed the larger aggregate (FA-2 Aggregate) and thus resulted in similar unit costs per aggregate. Under the Joint Powers Agreement in 2006, all streets in the Seal Coat project were seal coated with the fine aggregate (F A-2 Modified Aggregate), thus providing the City with a better overall product. 3 Cost Estimate Cost estimates have been prepared for the improvements described in this report. The estimates for the work are based on anticipated unit prices for the 2007 construction season. The cost estimates presented below include a ten-percent contingency and twenty-seven percent allowance for engineering, legal and administrative costs. Item Unit Est. Qty Estimated Unit Price Total F A-2 Modified Aggregate in Place SY 200,270 $0.75 $150,203 Estimated Construction Cost $150,203 10% Contingencies $ 15,020 Total estimated Construction Cost $165,223 * 27% Engineering, Legal, Administration $ 44,610 Total estimated Project Cost $209,830 * A percentage of the actual construction cost is paid to the City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $ 0 to $50,000 2.0% $ 50,000 to $100,000 - 1.5% Over $100,000 1.0% 4 Project Financing The City's Assessment Policy states that Seal Coating shall be assessed at a 50% rate. Based on the project costs identified in this report, the estimated assessment rates for the project, calculated with a 50/50 split, would be $79.30 per unit. The final assessment amount in 2006 based on the final project costs was $52.94 per residential equivalent unit. Middle Creek 5th through th Additions, Middle Creek East, Meadow Creek 3rd Addition, Devonport Drive, 209th Street between Trunk Highway 3 and Cantata Avenue, Cantata Avenue between 209th Street and 20Sth Street, and 20Sth Street between Cantata Avenue and Cambodia Avenue are to be seal coated for the first time this year and funds have already been collected to cover initial seal coating costs through their respective development contracts. Properties in Nelsen Hills Farm Fourth and Fifth Additions, Troy Hills First through Fourth Additions, Prairie Creek Fourth Addition, The Industrial Park, East Farmington First and Second Additions, East Farmington Eighth Addition, Honeysuckle Lane between Ash Street and Second Street, Second Street between Ash Street and Maple Street, Hickory Street between Second Street and Third Street, and the alley south of Spruce Street, and the alley south of Saint Michael's Place will be assessed for their portion of the costs. Estimated Proiect Costs Assessment based on a rate of $79.30/unit Street Construction and Maintenance Fund (Formerly known as the Road and Bridge Fund) $ 104,915.00 $ 104.915.00 Total Estimated Project Cost $209,830.00 5 Conclusions And Recommendations The proposed improvements described in this report are feasible from an engineering standpoint and are in accordance with the City's Seal Coating Program. The project is necessary to continue the City's program for street maintenance. The feasibility of the project as a whole is subject to the City's financial review. The improvements proposed are cost effective based on proven methods for seal coat improvements. Based on the information contained in this report, it is recommended that: 1. The City of Farmington accept this report as a guide for the seal coating improvements in the project area and authorize the preparation of plans for the project; 2. The City participate in the Joint Powers Agreement currently being administered by the City of Bumsville to accomplish the improvements; 3. The City conduct a legal and financial review of the proposed project prior to the public hearing; 4. A Public Hearing be held as required by Minnesota Statue 429. The property owners in the project area need to be notified for hearing purposes; 5. A neighborhood meeting be scheduled with the affected property owners; 6. The following tentative schedule be implemented for the project: Schedule Based on Joint Powers Agreement Accept Preliminary Report, Authorize Preparation of Plans, January 16, 2007 Schedule the Public Hearing Receive Bids Through Joint Powers Agreement February 23,2007 Hold Neighborhood Meeting Week of February 26,2007 Hold Public Hearing and Order Project March 5, 2007 Start Construction July 9, 2007 Complete Construction August 31, 2007 Hold Assessment Hearing September, 2007 6 Attachment A Streets Nelsen Hills Farm 4th and 5th Additions Everest Path Explorer Way Explorer Court Exodus Avenue Esquire Way Essence Trail Englewood Way Excalibur Trail Prairie Creek 4th Addition l8ih Street West Easton Avenue Easton Court Eaglewood Trail Meadow Creek 3rd Addition 1 87th Street 1 89th Street 190th Street Troy Hills ]'t through 4th Additions 1 90th Street West Everest Path Everglade Path Everest Trail Everest Court Evenston Drive 1 93rd Street West Evening Star Way Evening Star Court 191 st Street West Middle Creek 5th through 7th Additions 203rd Street West 203rd Court West Enright Court 206th Street West Location North phase line of Nelsen Hills Farm sth Addition to l88th Street West All All North phase line of Nelsen Hills Farm 4th Addition to Esquire Way Everest Path to east phase line of Nelsen Hills 4th Addition Esquire Way to southeast phase line of Nelsen Hills Farm 4th Addition Everest Path to east phase line of Nelsen Hills Farm sth Addition Englewood Way to south phase line of Nelsen Hills Farm sth Addition Embers Avenue to east phase line of Prairie Creek 4th Addition All All Embers Avenue to east phase line of Prairie Creek 4th Addition Dunbury Avenue to 1 89th Street Dunbury Avenue to east phase line at Meadow Creek 3rd Addition East of Dunbury Avenue Everest Path to east phase line of Troy Hills 4th Addition 190th Street West to 19Sth Street All All All All West phase line of Troy Hills 1 st Addition to east phase line of Troy Hills 1 sl Addition All All All English Avenue to east phase line of Middle Creek Sth Addition All All Cypress Drive to Eastview Avenue 7 Streets Location Middle Creek East 1st Addition Eastview Avenue 203rd Street West to 206th Street West Industrial Park 20Sth Street Edmonton Avenue 210th Street West 211 th Street West Eaton Avenue East Farmington 1st, 2nd, and 8th Additions 9th Street 10th Street 11 th Street Oak Street Spruce Street Walnut Street Locust Street Larch Street Downtown area Honeysuckle Lane 2nd Street Hickory Street 209th Street Cantata Avenue 20Sth Street Devonport Drive Alley south of Saint Michael's Place All All All All All Trunk Highway 3 to Larch Street North phase line of East Farmington Sth Addition to Larch Street North phase line of East Farmington 8th Addition to Larch Street 9th Street to east phase line of East Farmington 1 st Addition Trunk Highway 3 to east phase line of East Farmington 1st Addition 9th Street to east phase line of East Farmington 1 st Addition 9th Street to east phase line of East Farmington 2nd Addition Trunk Highway 3 to east phase line of East Farmington 2nd Addition Ash Street to 2nd Street Ash Street to Maple Street 2nd Street to 3rd Street Trunk Highway 3 to Cantata Avenue 209th Street to 20Sth Street Cantata Avenue to Cambodia Avenue All All 8 . ( ) o 2007 SEAL COAT AREAS , , , , o , , , , , , o o , , , , , o o o o I CJf'forr_lJCj~ I. _ _ ___ __ ___________ ___ _ _ _____ _ ____ ____________ ___ ___ ___ __ _______ ___ E~"'TtJI,IMSH1P r------------ _------...----J ~ ~ ---"-_.~- ~ ~ii ~;~ ~,. !l:1!l ",- T , i . CSAH 50 2liITM STIilEET VEST o . . . . . . . - ; N I ~ 000000_____ ~ > ~ e id ~ ~ SCALE I CITY OF FARMINGTON I 500 I " , , ~- - -.. - - - ~- - - -.. - -..... - -.... -- -... I " , , o 1000 2000 3000 FIGURE I C) o 7 YEAR CYCLE SEAL COAT PROGRAM , ~ , ~ , I ~:~ - >:~ ~II ",- ~:~ E:t: u:u , , , , eny IT lAKEVILU: h 1/ im-.m.u..---u.u m-c;,~-;-,~~~;~mm ~ ~ ~ ~~ ~rmmmu--mmul , ~(_.~"~~l~. ~Ub i ifi ill ~ -'6 ~ m~ -="' : ""y~~ ~~! .~ ~~~\ ~ i n~~,"~-\~. .: i.'~D.. ~ ~~~ i ~-..t ,~ ':..~~ -.. ' ~ ~r~ 98~~ ~i ~r.J ~ ~~~~i'l '1\LL_..,.,. ~ ~ ~'~C5 , ". - ~~. f!l ~~ ~ EJr1j'" '~pJ ,........ ~ tli, i II~ '~.~ }) -/ j L t, ,_n i' '"~ -.. ~ ~~ n___ ~~~. ~,~=.~ T~ ~ ~ (JI~ ; It ill "1 ;.., Ji. ~ ~ ~ ~ .. i0 ~:' il~ (~~kl\ 5i~ l~ ~fl$ v~- '........1 I ~ \) ~)" ...._ ,.)_m. ...11rt...."_la jJ INDEX r............ ........................, AREA 7 AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 _ 2007 _ 2008 ..:I 2009 _ 2010 _ 2011 _ 2012 _ 2013 ~ ~ PARKING LOTS & ALLEYS 1. 2007-ALLEY so. OF ST. MICHAELS PLACE 2. 2008-SECOND STREET PARKING LOT 3. 2008-ALLEY NO. OF NEW HEIGHTS CHURCH 4. 2009-FIRE STATION #2 5. 201O-SWiMMING POOL 6. 2011-RAMBLlNG RIVER - PINE & ELM S 7. 2012-ALLEY SO. OF POST OFFICE 8. 2012- ALLEY SO. OF NEW LIBRARY 9. 2012-ALLEY NO. OF VFW 1 D. 2013-RAMBUNG RIVER - BALLFlELDS 11. 2013-ICE ARENA 12. 2013-FIRE STATION #1 r~ ______.J ~ ~~D i I ,I CSAH 50 ~ 'U~ III ~ow l i ~G;] ~i II; tr= liJ ~.")~ .... i G (j~ ~ ~,._--j ,,'" .,~--- ~ ,~~. .. ...-a t:?/iF'i 7!1 : : : ,..J r-uw _ ~: E ii1 r. l ____ -~ ___ ;:::!l; r'"_no --= Oli- i=,. ..' -~ ' ~. ___~ "~~. .'~ un_J <t. ! ~_. n ~ IL ~ ~ (;::> ~-.:::J E3 m~ IL _'if I .>C /" i .1 mm I rn - I · '- ~ . " ! m J ~iiI/Jl Wdfo" foilS y: (/-- -- c__,....IlfI JL-r, :~:~ l """"""m'...... I 1~1~II(OJl '--, ...~ I I : . ,)lit .-' : ~~ : J --~ ~. ~Jd i '- -- --'"~ : ," __n B I n--;J m J1: II fE::J r:~- . Co- un ~ ~nu--"--il rJ IV'1P3J' ~ > I e e . ~ ~ ~ g ; -~ III ___M___ A CJTYDJ"r_lNG~ -- --un - -- --- -un --- E~;;: ~~;-------- - --- - ------------- ---- ----I f ~o..--------------- ~~ ." ..~ ~:~ ~:~ ~.u-ml r-m... , . . . . . . - T N I I SCALE I CITY OF FARMINGTON I 500 . " , , .. - - ~.. - - -....... -- -- - - - -I- - - - - - - -... , " , , o 1000 2000 3000 FIGURE 2 / Ia.... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, I 1 V City Administrato@ '1j Lee Smick, AICP City Planner TO: SUBJECT: Adopt Resolution and Ordinance - Twin Ponds Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat, Wetland Conservation Act Permit DATE: January 16, 2007 INTRODUCTION The Dakota County Community Development Agency (CDA) has submitted an application to amend the Comprehensive Plan from Medium-High Density Residential to Low Density Residential (Exhibit A) and Rezone property from R-4 (Medium-High Density Residential) to R- 1 (Low Density Residential) in the southern portion of the Twin Ponds Addition (Exhibit B). The CDA property is located west and north of the Executive Estates single-family development and is also located east of TH 3. The CDA has also submitted a preliminary and final plat (Exhibit C) for the Twin Ponds project and is requesting approval of its Wetland Conservation Act Permit. Please refer to the November 20, 2006 staff report for review of wetland areas and grading of the property. DISCUSSION At the November 20, 2006 City Council meeting, there were issues raised concerning the Twin Ponds project. The issues have been addressed below: 1. Give credit for park dedication fees for the CDA's private tot lot. The CDA agreed to pay a park dedication fee for the private tot lot. 2. Connect the Twin Ponds project to TH 3. Tollefson Development has agreed to provide a 60-foot wide temporary ingress & egress easement (Exhibit D) on the south side of its commercial property as shown on Exhibit E and discussed in the Temporary Public Right of Way Easement document shown on Exhibits F 1- F6. Tollefson Development and the CDA have also agreed to construct a 30-foot wide rural section roadway to allow access to the existing frontage road on the east side of TH 3 (Exhibit G). Tollefson Development and the City will also work with MnDOT to modify the existing access directly to the west in order to provide a safer access to TH 3 from the intersection at Centennial Drive (Exhibit H). Tollefson Development has also agreed to work with affected property owners to provide a permanent solution to the installation of the backage road on the western boundary of the Twin Ponds project. 3. Preparation of a Transportation Plan. MnDOT would like to meet with the City and Castle Rock Township to discuss development potential in the area between TH 50 and 225th Street. MnDOT sees the benefits of discussing long-range planning opportunities (such as the backage road concept) to improve access management in this vicinity, including the possibility of MnDOT's participation in funding such efforts in the future. Discussions concerning the need for additional right-of-way acquisition from Happy Harry's to the north of the CDA project to allow for the construction of the backage road have also occurred between Tollefson Development and the City. Further discussions on both of the above issues will continue in order to make commercial development and connections to TH 3 work cohesively. ACTION REQUESTED 1. Adopt a resolution to amend the Comprehensive Plan from Medium-High Density Residential to Low Density Residential on the southern portion of the property subject to Metropolitan Council approval of the 2020 Comprehensive Plan Amendment application. 2. Adopt an ordinance rezoning the property from R-4 (Medium-High Density Residential) to R-1 (Low Density Residential) in the southern portion of the Twin Ponds Addition. 3. Adopt a resolution approving the Twin Ponds Preliminary and Final Plat and the Wetland Conservation Permit contingent on the following items: a. Execution of the Temporary Ingress & Egress Easement Agreement by Tollefson Development. b. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. c. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. Respectfully submitted, "7 ~~ Lee Smick, AICP City Planner cc: Dakota County Community Development Agency - Kari Gill Tollefson Development RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN TWIN PONDS ADDITION PROPERTY Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January, 2007 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, a public hearing of the Planning Commission was held on the 14th day of November, 2006 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and WHEREAS, the Planning Commission recommended approval of the Comprehensive Plan Amendment from Medium-High Density Residential to Low Density Residential and Rezone property from R-4 (Medium-High Density Residential) to R-l (Low Density Residential) in the southern portion of the Twin Ponds Addition, and WHEREAS, the City Council has reviewed the 2020 Comprehensive Plan Amendment, and NOW, THEREFORE, BE IT RESOLVED that the above 2020 Comprehensive Plan be amended with the following stipulations: 1. The Twin Ponds Addition property is amended from Medium-High Density Residential to Low Density Residential and Rezone property from R-4 (Medium-High Density Residential) to R-l (Low Density Residential) in the southern portion of the Twin Ponds Addition. 2. Subject to Metropolitan Council approval of the 2020 Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of January, 2007. Kevan Soderberg, Mayor Attested to the _ day of January, 2007. Peter Herlofsky, Jr., City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning the property known as Twin Ponds Addition. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the property legally described on the attached Exhibit 1 from R-4 (Medium-High Density Residential) to R-l (Low Density Residential). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5- 1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this _ day of ,2007, by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of ,2007. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2007. RESOLUTION NO. APPROVING PRELIMINARY AND FINAL PLAT AND WETLAND CONSERVATION ACT PERMIT TWIN PONDS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January, 2007 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, the preliminary and final plat of Twin Ponds is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 14th day of November, 2006 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the preliminary and final plat and Wetland Conservation Act Permit for Twin Ponds; and WHEREAS, the City Council approved the Wetland Conservation Act Permit upon recommendation of the Wetland Conservation Act Technical Evaluation Panel, 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 of Twin Ponds be approved with the following stipulations: a. Execution of the Temporary Ingress & Egress Easement Agreement by Tollefson Development. b. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. c. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. This resolution adopted January 16,2007. Kevan Soderberg, Mayor Attested to the _ day of_. Peter Herlofsky, Jr., City Administrator . M J: I- . 224TH STREET WEST PROPOSED COMP PLAN AMENDMENT . D Low Density . Medium Density . Commercial tjA II I' I, CI " 1/ " II II II II II I' II II . M J: ~ . 224TH STREET WEST PROPOSED ZONING . D R-1 Low Density Residential . R-4 Medium/High Density Residential . B-1 Highway Business . B-3 Highway Business e~8 Ii II II ~l II .. " II Ii ~f. ~~~! ~';:,I- f' l/) ,. 0 ~~g,~ ~~'I!! 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T:~ - ~>-I-{~~ (!) :z: :z: CI) o=> 1--0 c.!> ::c ~>- ~::::2:~ Z2f~ ILLLL C:!i :i:Q. ~Cl O:z: >-- g:5 ~ ~~ gs il (I) (I) IL.O = ;,~,1 I~AR" '" 915.1 I :' ," .":. r , , =1. I I: CYVo I I +vl ~I ~ I ~ i ~ -~M;A~'-'" ~'U J~ R I I OO'Q91 3"U,tUO rz.. o ,/ g r:x gt:I I. E & 0 ~ . " ~"~ ~ i5 lI: 5 ~ IT [~ ,c ~ ~ It-."'. t -', c ~g; " , ~lJ. -' , ~,. ~< 0' ~, " ,c. ~, llVlli . f{ (reserved/or recording information) GRANT OF TEMPORARY PUBLIC RIGHT OF WAY EASEMENT CARL R. TOLLEFSON, a single person, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto The City of Farmington, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the "Grantee", its successors, and assigns, a temporary easement for public right of way purposes over, across, on, and through land situated within the County of Dakota, State of Minnesota, as described on the attached Exhibit "A". TO HAVE AND TO HOLD the same, unto the Grantee, its successors, and assigns, commencing upon execution of this agreement and expiring upon completion of construction of an alternate permanent public right of way as more particularly described herein from State Trunk Highway No.3 to Parcel No. 14-00500-013-25 legally described on the attached Exhibit "B". The Grantor hereby grants the uses herein specified without divesting himself of the right to use and enjoy the above described temporary easement premises, subject only to the right of the Grantee to use the same for the purposes herein expressed. It is understood by the parties that access will be allowed without restriction to residents of the Twin Ponds development, other plats and property to 129253vOl SRN:OI/04/2007 1 fi the east of the Twin Ponds development, Grantor, its successors and assigns, and to the general public until such time as the alternate permanent public right of way, consisting of the backage road shown on the Twin Ponds plat from State Trunk Highway No.3 to Parcel No. 14-00500-013-25 that will provide access to the Twin Ponds plat and the Grantor's property, as well as other adjacent property, is improved and opened to the public with approved access to State Trunk Highway No.3. Upon completion of said alternate permanent public right of way, the City of Farmington shall promptly vacate this Temporary Right of Way Easement. The above named Grantor, his successors, heirs and asSIgnS, does covenant with the Grantee, that he is well seized in fee title of the above described easement premises; that he has the sole right to grant and convey the easement to the Grantee, subject to obtaining consent from the first mortgage holder on the Grantor's property; that there are no unrecorded interests in the easement premises; and that he will indemnify and hold the Grantee harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement the day and year first above written. GRANTOR: CARL R. TOLLEFSON GRANTEE: THE CITY OF FARMINGTON BY: I 29253vOJ SRN:OI/04/2007 2 ~ (/ ITS: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2007, by CARL R. TOLLEFSON, a single person, as Grantor. day of NOTARY PUBLIC STATEOFMINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by , the , of The City of Farmington, a municipal corporation under the laws ofthe State of Minnesota, as Grantee, on behalf of the municipal corporation. NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 129253vOl SRN:Ol/04/2007 3 "..-- 11 CONSENT AND JOINDER BY MORTGAGEE ("Mortgagee") the owner and holder of that certain Mortgage dated the and recorded in the office of the Dakota County Recorder, the day of , 200_ as Document Number herewith joins and consents to the foregoing Easement, provided, however, that by executing this Consent and Joinder, Mortgagee does not in any manner intend to modify or amend the terms and conditions of the Mortgage executed and delivered to Mortgagee. IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joinder to be executed on the _ day of , 200_. By: Its: COUNTY OF ) ) ss. ) STATE OF The foregoing instrument was acknowledged before me this _ day of , 200_, by the of , on behalf of the corporation. Notary Public 129253vOl SRN:01/04/2007 4 ff; EXHIBIT" A" TO GRANT OF TEMPORARY EASEMENT Easement Description A temporary easement for public right of way purposes over, under, and across that part ofthe north 60.00 feet of the south 868.50 feet of the west 330.00 feet of the South One Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, lying easterly of the easterly right-of-way line of State Trunk Highway No.3. Said easement shall expire upon completion of an alternate permanent public right of way easement, as more particularly described in the body of this easement agreement, from State Trunk Highway No.3 to Parcel No. 14-00500-013-25. 129253vOI SRN:Oll04/2007 5 r~ EXHIBIT "B" TO GRANT OF TEMPORARY EASEMENT Description of Parcel No. 14-00500-013-25 The West 1113.91 feet of the South Half of the Northwest Quarter of Section 5, Township 113, Range 29, Dakota County, Minnesota, except the South 643.5 feet and except that part of the West 330 feet lying South of the North 35 and except the highway. 129253vOl SRN:OJ/04/2007 6 . . . ...J <( u z o W I- <( I- III '" W I n. NOOolllOS30 .> -> --;. -~ ~ . ...;~. "j. ~ I ~ i .> ~ I u;-- .' i ''i- --,;- "'S:.o ~a II .,. ,( ~ ! j ( . ~ ~ ~ G I I I I \ / \......./ ::: I '" o a 8 I :!: I ~ Q .. ('Q-OI'Il;1 .ON:JlJ -ON '~-:e~oo ..--.ur .~ ""'........- ~:nlJ 001 :p~s ~ ......... .",.,,", --.JIo Idl:l6l.lil :nu cwo .Hr-Hl(n~) trOt-H-rrNJ ~:,i,S Q:Dl:)~ Ult, JUI ~ ~:J..B ~ J=-:~~ 3t':~.::~ ~=.a~ oo..,~ ~ ~ .. '" ~:,I.S tK)1S)(J -G'll' 0 we I lOIN ""0 ....!"J-- ~ --. .............. _ .....--. -.:lI 11'tlO .:.c: 'l1't'O ~ ~ ":" ~ .~~ ':.~ -aU! fB9IBJ:xJSS~ 5' JflAJIO uqor 118lHX3 OVO~ AH't'HOdrGl ~ ~ I r:X Ct. 6- :~J N" 'NOWNI"M~J AHI3dOl:ld l:I3fOSLJ \.- .1; ;.-\ lit ~ II .....~ II I I! i ~ B ~ ! ~ I Ii ft8 Ii h ~! !J~ Ii ~ ~~I~ I T11! 11 ~ lI/ll.... ~ ~ 1/ III. I, I~ II I: ..,:.,- r . / . / . -- - ;; r 65 y~IV's3H1 lS ~ I 15311 3 8>-1 .t~ ~~I .. 1 ::: I I ~ l:5 8~ ~~ ;!;:il~ i!i~- "",.. ~;!;" l:5~~ ...~l:5 \S- ;!;~'" I ~~~ . ----------.1" _1- . / . / I "\.. I ~ ~ -- -- ayo'll H9Y.LNO'llO!! / -- r ::- --.-? /' \ --"7- ./ -- r r _910- ~- --- f" 'ON HlS 3NrRI31N3:J --;- _______________--L____ ~ III z.~ . . . .\ I -;1 ~ . .~~ hi .u, J ; b' ~ .., g .&-_~ ~b o ('. N HI, N N 0\ 0..... ~\O 0'1 0 00 \O~ 0\0 ON N .... . p.. s:< .... .. <'~ ..0 ~ S o '.0 $:l ri O~ .~ ;a o 0 u::E lib City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Fountain Valley Comprehensive Plan Amendment and Rezoning DATE: January 16, 2007 Information we have received from Castle Rock township is that the Town Board failed to act on the Fountain Valley annexation agreement. The Town Board has scheduled to reconvene their meeting on Tuesday, January 23,2007, at 7:00 p.m. No vote was taken at their January 9,2007 meeting. Based on the information we have received, I would like to recommend the following action: 1. City Council adopt the resolution and ordinance for the Fountain Valley comprehensive plan amendment and rezoning. 2. City Council direct the City Administrator to initiate the dispute resolution portion ofthe Orderly Annexation Agreement and proceed with contacting mediation services for assistance in resolving this issue. Attached for your review is the document that was discussed at the December 28, 2006 workshop with Castle Rock township outlining the proposal that they concurred with at that meeting. Please note in the agreement the township has commented on the commercial portion of the development and has noted no problems. The issue with the residential property is something that is not an issue in the Orderly Annexation Agreement, but is generating most of the issues for dispute. ~;:~ Peter J. Herl;J:;, Jr. City Administrator CMuller/Herlofsky/Community Dev/Fountain Valley Comp Plan 1-16-07 To: Farmington City Council DRAFT DOCUMENT DISCUSSED ON DECEMBER 28, 2006 From: Castle Rock Town Board Subject: Fountain Valley Comprehensive Plan Amendment and Rezoning Request Date: January 9, 2007 The Castle Rock Town Board met on January 9,2007 to discuss the Comprehensive Plan Amendment and Rezoning Request for the Fountain Valley property. Resolved: Per the Castle Rock / Farmington Orderly Annexation Agreement, Castle Rock Township has the opportunity to consent to proposed land use in the OAA Annexation Area. Since the Fountain Valley property is in the Annexation Area, the OAA applies. The Castle Rock Town Board of Supervisors met on January 9,2007 and voted to consent to the proposed changes to the Farmington comprehensive plan. The Board is providing in this document the condition that would make the comprehensive plan acceptable to the Township. Per Paragraph 8 (b) of the OAA, Castle Rock Township reviewed the location ofthe proposed commercial land use on the Fountain Valley property. Per Paragraph 8 (c) ofthe OAA, Castle Rock Township reviewed the proposed medium density residential land use upon the following conditions: 1. The medium density residential land use is not constructed within 150 feet of the west property line of a Castle Rock Township residence that is located adjacent to Berring Avenue. 2. The City of Farmington requires a 20-foot setback for structures from the westerly right- of-way line of Biscayne Avenue. 3. The Developer ofthe Fountain Valley property agrees to screen according to City standards the medium density residential land use from the properties on Berring Avenue through landscaping. 4. The Developer of the Fountain Valley property agrees to provide one row of single story townhouses on the area designated medium density along future Biscayne Avenue. TOWNSHIP OF CASTLE ROCK By Castle Rock Town Board Chair By Castle Rock Town Board Clerk City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City Administratoro Lee Smick, AICP City Planner TO: SUBJECT: Adopt Resolution and Ordinance - Fountain Valley Comprehensive Plan Amendment, Rezoning, and MUSA Recommendation DATE: January 16, 2007 INTRODUCTION Colin Garvey and Bryce Olson have requested that the Comprehensive Plan be amended as attached on Exhibit A from Non-Designated to Low Density Residential, Low-Medium Density Residential, Medium Density Residential, Commercial, and Park & Open Space. They have also requested that the property be rezoned from A-I (Agriculture) to R-l (Low Density Residential), R-2 (Low-Medium Density Residential), R-3 (Medium Density Residential), B-1 (Highway Business), and PIOS (Parks & Open Space). The City Council approved an extension of the Metropolitan Urban Service Area (MUSA) for the 161.83-acre property on November 20,2006. DISCUSSION The Planning Commission unanimously recommended approval of the Comprehensive Plan Amendment and Rezoning applications at its meeting on November 14,2006. The City Council recommended continuing the public hearing for the amendments on December 18, 2006 to January 16,2007. ACTION REQUESTED Approve the following actions: 1. Amend the Comprehensive Plan from Non-Designated to Low Density Residential, Low- Medium Density Residential, Medium Density Residential, Commercial, and Park & Open Space subject to Metropolitan Council approval of the 2020 Comprehensive Plan Amendment application. 2. Rezone property from A-I (Agriculture) to R-l (Low Density Residential), R-2 (Low- Medium Density Residential), R-3 (Medium Density Residential), B-1 (Highway Business), and PIOS (Parks & Open Space). Respectfully submitted, ~~.. ,.-) ,~;",/{".,?' ,,' ...~. ~ . G ' Lee Smick, AICP City Planner cc: Bryce Olson Colin Garvey RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN FOUNT AIN VALLEY PROPERTY Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of January, 2007 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, a public hearing of the Planning Commission was held on the 14th day of November, 2006 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and WHEREAS, the Planning Commission recommended approval of the Comprehensive Plan Amendment from Non-Designated to Low Density Residential, Low-Medium Density Residential, Medium Density Residential, Commercial, and Park & Open Space, and WHEREAS, the City Council has reviewed the 2020 Comprehensive Plan Amendment, and NOW, THEREFORE, BE IT RESOLVED that the above 2020 Comprehensive Plan be amended with the following stipulations: 1. The Fountain Valley property is amended from Non-Designated to Low Density Residential, Low-Medium Density Residential, Medium Density Residential, Commercial, and Park & Open Space. 2. Subject to Metropolitan Council approval of the 2020 Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day ofJanuary, 2007. Kevan Soderberg, Mayor Attested to the _ day of January, 2007. Peter Herlofsky, Jr., City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning the property known as the Fountain Valley Property. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: 1. SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the property legally described on the attached Exhibit A from A-I (Agriculture) to R-l (Low Density Residential), R-2 (Low-Medium Density Residential), R-3 (Medium Density Residential), B-1 (Highway Business), and P/OS (Parks & Open Space). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5- 1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this _ day of ,2007, by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of ,2007. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2007. .~-: ~~ . .;..,.::s,~" "".'. "~.'-,,,,,~, ,.'(\~' ':",~ ~'0 /c.:::) "'-':- ~"l) - /<~" ~I ~...;". 0&1 / /@ I" ' / ~~<z t' .' i i i ~ ~ 9 ~ i i ' . . a . i I 11000 e ~. ~ - ~ r--~nN~T-~ d-~-! \ \ /~-~~\::Y\\ r- .1\ \'1 /.:..~:.f-;:-,;+aYJ I !1 , .SI:,n.oo N : : : Ln99~ : ~~ I ~~.j i1~~" 5l: ~_~a I U~i i' ~I ~ ~I ~ ' i ~N'I' ~ !".., ; ~~il ! v> . ~ ; =-,~ -::~, .J.oi (~2.' j y-, :...--' \ I j I 'I l i 1 I 1 I I . h I, ~~.I i1~l" ~a.~ -~~. I i~~i r ~ ! Ii :" ; ;1 ,:!!~ ~ i I~~ ~ : ~ :\ ~: ~~ ~ \' ~~.j !..l I ',,::t: ~~ ~ ~~~ ~ : ;i~~ ~ ' .~ ~ ; \ 1 I I ; ! ., , ", . ,e, ~~ '$-" /~'i-;::') ,.)).. ../ .. ~- r: (f) , .,~,..?"., IiI iu Z >-:::t w ~~ >z => zO :;;:U >--< z>-- =>0 0,", '"-< o >-- => o >- < --' '-' z Z o N ~ i . ~,,~ 18~ .!:p !H ~..~ ~~~ ~N~ Vl c:: o >- ~ zC:: 0:::> 1 VlVl il ~, II U Vl ~~ <( c:: ~ "'W W . ~ j z I W i ilt J' \ IIi I I Hi in .;t III In ftl m 1 ~ . I t in. . ~ I i a ddn &.4 lie. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, City Administrator f- Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Elm Street Project - Boulevard Trees and Grass DATE: January 16, 2007 INTRODUCTION/DISCUSSION Staff will give an update to the Council at the meeting regarding the anticipated impact to the boulevard trees along Elm Street and plans to minimize tree loss. Regarding the restoration of turf for the Elm Street project, County and City staffhave concluded that there is an option that has significant advantages over sod. Attached is a product brochure for a process that installs a compost/seed mixture. The City's of South Saint Paul and Inver Grove Heights have had great success with this type of product and have eliminated some of the difficulties associated with using sod for turf establishment, some of which Farmington has experienced on recent projects. Further discussion/information regarding the pros and cons of various methods of turf establishment can be provided at the meeting. BUDGET IMPACT In discussions with South Saint Paul and Inver Grove Heights, the cost of the proposed method is half the cost of sod. In addition, less water needed to successfully establish the turf is a further cost savings to the adjacent residents since the contractor is only responsible for the initial establishment of the turf and the watering needed over the long term will be less. ACTION REQUESTED It is recommended that the proposed method for turf establishment be utilized for the Elm Street Reconstruction Project. Staff asks for Council's concurrence or other direction. Respectfully submitted, ~YJ1~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file TERRASEED ING'" Terraseeding~ is an all new patented process instalIed by WindScapes. This process is an alternative to sod and other seeding methods that are not as effective. Terraseeding~ involves the process of actually planting the seed into a finished compost material rather than leaving it exposed on the surface. This is done by blowing a three-quarter inch to one inch layer of compost mixed with seed across the finished grade of your yard. The terra seeding process greatly increases the speed of germination, and a much higher percentage of the seed survives. This process is much less expensive than sod and it will yield a better lawn for the years to come. Before Terraseeding~ Compost is a product that is the result of the decomposition of an organic material. The organic material that WindScapes is using in the Terraseeding~ process is basically comprised from yard debris such as grass clippings, leaves, and tree trimmings. These wastes that would normally be land filled are put under a controlled decomposition process. This takes almost two years to become a product that looks very much like black dirt. But unlike black dirt, this compost material is less expensive, recycled, renewable, sanitized, and much After Terraseeding~ more beneficial for the environment. This is the same process that nature has been using for millions of years to help nourish the soil and give plants their most optimal growing medium. This organic matter has the ability to improve the physical, chemical, and biological structure of the soil in your yard whether it is clay, sand, or something in between. Compost also creates a better growing environment for the seed, and it allows the root structure to develop quicker, resulting in healthier, stronger grass in a shorter period of time. And the best part is that by using compost you are helping the environment in more ways than one. WHAT IS TERRASEEDING~? WHY COMPOST? 93lf CW~S; Ei'C:'. !j".- ~ .:.o-:-"~~ ~ ~~,'" 'Ii.:-:.a:. ,a', . ..0. ...., ~-, ;~:.".~..'.;.;; ....- !:~.~::-:.~~- ..-... . - . . '~-"- . " .:..... ~;(;:~i.[.~:. ~..........'.';). '"', . . . . .,~-":'- ~)., .'...... .& .: ... ,~~: '1.;-","";\. ~~~~,:;t>~. '~" f.:'; . ' ::}- !~." '., '..~;:'~l}<;..~J..~ .,:. ............ -~~ ;"':';' "'" ~--, "'~, ~~~(~.;~~:t~. :.~ .-c;;;;rii.! '. _, . ,. .. - :" ~~':~.:.~- --=--= " I _,~ . . _ ~~-:;"'-f:::";~,",,:: ~. .~ . '~'~~;..';:.L'~'f""~"! . /. .. ",',- ~:-- .~ .,:~~ ..-. ","A.~f/J~ . ,'h. . !/~'?~~~/;:'/;~YiIt:,~;m;c~ .~s-;.(, 5,~ :u ",'r,", V, ",,, I', ~ nz: U ,-.17 :r-Ul~l,-.: cnn TERRASEEDING FACTS: With our terraseeding process the seed is actually planted throughout the compost giving most of the seed 1 O()<!ft) contact with the soil. Seed varieties are customized to your lawn for the best mix possible. Compost holds about four times its weight in water which will keep the seed moist for a longer period and it will mean less watering for years to come. In the spring and fall compost will warm the seed which will speed up the germination process. Compost is a long term, slow release fertilizer. This reduces the need for chemical fertilizers for years to come. Grass is grown and adapts to your soil conditions, not the sod farms. Compost is used for many different kinds of erosion control. The cost is about $1.26 - $1.62 per square yard for a I" depth of com post, seed, and installation. The best and fastest results are seen in the spring and fall when temperatures average around 65 degrees. It takes about three to six weeks to look like sod during the right time of year. SOD FACTS: Sod is instantly green after installation. Controls erosion on slopes when stapled into existing soil. Can require less watering initially, but it can be easily lost if areas don't get enough water for the first few weeks. It becomes very stressed out after its roots get cut off at the sod farm. Sod can be installed during most of the growing season. Sod can run ti'om $1.R5 - $2.50 per square yard, and that is not including any soil amendments under the sod to improve soil quality. Sod is only grown with grasses that tolerate sunny areas. If the soil is poor, and not corrected, sod will deteriorate and require a lot of time and money to correct it down the road. HYDRO-SEEDING FACTS: Costs only about $0.63-$0.90 per square yard, and that is not including any soil amendments to improve soil quality. The slurry mix uSt'd is just water, seed, paper mulch, and a tactifier to glue the seed to the ground. Seed is exposed to nature and the elements when it is laid on the surface of your soil and not planted in it. Seed will dry out quickly because it is at the surface and adding polymers adds to the initial cost but only lasts for a few months. If soil is poor the seed will struggle to survive, and adding topsoil only adds to the initial cost. The nutrients added arc water soluble and quickly leach through the soil, leaving nothing for the seed. Takes six months to two years to look as good as sod. Plant a new lawn with Windscapes exclusive Terraseeding'" process. For more information call (651) 455.3993 or tollfree 1.866.EBLOWER (325.6937). .......- h~i';/':: 50:n.....,I)"c(t i:'(!:~!. j:;".:erGr~",\' 1;'c~ght5, .\::';:".'t'_\;~:(/, 5~);' '1','1','\,', -; 5::', _~',; c..j-~ 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 CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - COUNCIL MEETING ON JANUARY 16, 200'7 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount 10,000 LAKES CHPTR-INT'L CONF BUILDING INSPECTIONS SUBSCRIPTIONS & DUES 75.00 75.00 AFFINITY PLUS FEDERAL CREDIT U EMPLOYEE EXPENSE FUND CREDIT UNION PAYABLE 2,125.00 2,125.00 ALCORN BEVERAGE CO. INC. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 16,829.85 PILOT KNOB LIQUOR COST OF GOODS SOLD 18,248.70 35,078.55 ALLSTATE SALES & LEASING CORP. SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 154.23 154.23 AMERICAN PAYMENT CENTERS SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 20.25 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 20.25 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 20.25 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 20.25 81.00 ANCOM COMMUNICATIONS INC FIRE SERVICES EQUIP SUPPLIES & PARTS 2,595.94 2,595.94 APPLE VALLEY FORD PATROL SERVICES VEHICLE SUPPLIES & PARTS 79.88- NATURAL RESOURCES VEHICLE SUPPLIES & PARTS 303.92 224.04 APPLE VALLEY, CITY OF CABLE/COMMUNICATIONS PROJECTS OFFICE SUPPLIES 332.27 CABLE/COMMUNICATIONS PROJECTS PROFESSIONAL SERVICES 9,482.25 9,814.52 f ARCTIC GLACIER ICE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 122.90 PILOT KNOB LIQUOR COST OF GOODS SOLD 195.05 317.95 ARROWHEAD EMS ASSOCIATION RESCUE SQUAD SERVICES TRAINING & SUBSISTANCE 155.00 155.00 ASLAKSON'S BLACKTOPPING SERVIC MIL & OVERLAY ANNUAL PRJ CONSTRUCTION CONTRACTS 121,092.26 121.092.26 ASPEN MILLS FIRE SERVICES UNIFORMS & CLOTHING 511.35 '-J 511.35 ., -------- /------ R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 2 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount ATLAST ROOFING CO. INC WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 2,000.00 2,000.00 B & B PIZZA SOLID WASTE OPERATIONS PROGRAMMING EXPENSE 100.00 100.00 BAUER BUILT INC PATROL SERVICES VEHICLE TIRES 602.94 602.94 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 125.68 PILOT KNOB LIQUOR COST OF GOODS SOLD 224.27 349.95 BELZER'S CHEV/DODGElKIA, JEFF WATER UTILITY EXPENSE VEHICLE SUPPLIES & PARTS 31.35 31.35 BUGBEE'S LOCKSMITH BUILDING MAINT SERVICES PROFESSIONAL SERVICES 7.50 7.50 CAG ONE SKATESHARPENERS INC ICE ARENA OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 71.00 71.00 CANNON RIVER IMNERY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,116.00 1,116.00 CAREY, TODD ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 540.00 540.00 CATCO PARTS SERVICE SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 59.52 59.52 CHAMPION WATER SERVICES GENERAL FUND REVENUES BUILDING PERMITS .50 GENERAL FUND REVENUES PLUMBING & HEATING PERMITS 14.50 15.00 CINT AS - 754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 173.60 STREET MAINTENANCE UNIFORMS & CLOTHING 114.41 PARK MAINTENANCE UNIFORMS & CLOTHING 218.27 BUILDING MAINT SERVICES UNIFORMS & CLOTHING 33.16 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 61.62 SEWER OPERATIONS EXPENSE UNIFORMS & CLOTHING 114.41 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page. 3 01/03/2007 - 01116/2007 Vendor Business Unit Object Amount SEVVER OPERATIONS EXPENSE PROFESSIONAL SERVICES 77.07 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 215.27 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 77.07 STORM WATER UTILITY OPERATIONS UNIFORMS & CLOTHING 114.41 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 15.42 WATER UTILITY EXPENSE UNIFORMS & CLOTHING 114.41 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 77.07 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 241.60 FLEET OPERATIONS UNIFORMS & CLOTHING 82.74 1,730.53 CMI MAILING & MARKETING SVS SEVVER OPERATIONS EXPENSE POSTAGE 161.64 SOLID WASTE OPERATIONS POSTAGE 161.64 STORM WATER UTILITY OPERATIONS POSTAGE 161.64 WATER UTILITY EXPENSE POSTAGE 161.64 646.56 CNH CAPITAL STREET MAINTENANCE RENTAL OF EQUIPMENT 393.42 PARK MAINTENANCE RENTAL OF EQUIPMENT 417.05 810.47 COCA-COLA ENTERPRISES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 704.55 PILOT KNOB LIQUOR COST OF GOODS SOLD 1,047.45 1,752.00 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 16,068.48 PILOT KNOB LIQUOR COST OF GOODS SOLD 25,072.95 41,141.43 CORNERSTONE ENERGY INC PARK MAINTENANCE ELECTRIC 144.30 SWIMMING POOL OPERATIONS ELECTRIC 14.91 159.21 DAKOTA COMMUNICATIONS CENTER PATROL SERVICES CONTRACTUAL SERVICES 16,794.66 FIRE SERVICES CONTRACTUAL SERVICES 8.397.34 25,192.00 DAKOTA COUNTY CHIEFS OF POLICE POLICE ADMINISTRATION SUBSCRIPTIONS & DUES 35.00 35.00 DAKOTA COUNTY LICENSE CENTER PATROL SERVICES VEHICLE LICENSES, TAXES, FEES 83.50 PARK MAINTENANCE VEHICLE LICENSES, TAXES, FEES 28.50 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page. 4 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount 112.00 DAKOTA COUNTY PROPERTY RECORDS ADMINISTRATION PROFESSIONAL SERVICES 92.00 92.00 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,779.62 PILOT KNOB LIQUOR COST OF GOODS SOLD 1,607.30 4,386.92 DELEGARD TOOL CO EMPLOYEE EXPENSE FUND DEPOSITS PAYABLE 46.52 46.52 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 22,430.17 22,430.17 DIVERSIFIED CRYOGENICS PATROL SERVICES VEHICLE REPAIR SERVICE 54.54 54.54 EIDE BAILLY LLP GENERAL ACCOUNTING PROFESSIONAL SERVICES 1,500.00 1,500.00 EMERGENCY APPARATUS MAINTENANC FIRE SERVICES VEHICLE REPAIR SERVICE 2,408.33 2,408.33 EXTREME BEVERAGE LLC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 707.00 PILOT KNOB LIQUOR COST OF GOODS SOLD 643.50 1,350.50 FARMINGTON COMMUNITY EDUCATION RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 5,403.78 5,403.78 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 50.00 50;00 FARMINGTON HIGH SCHOOL ICE ARENA REVENUE ADMISSIONS 919.20 919.20 FARMINGTON INDEPENDENT ADMINISTRATION SUBSCRIPTIONS & DUES 33.00 33.00 FARMINGTON PRINTING INC POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 221.52 221.52 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 5 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount FERRELL GAS PRODUCTS CO ICE ARENA OPERATIONS EXPENSE FUEL 123.30 123.30 FIRE EQUIPMENT SPECIALTIES INC CAPITAL ACQUISITION OTHER SUPPLIES & PARTS 1,308.87 1,308.87 FIRE SAFETY USA INC FIRE SERVICES VEHICLE REPAIR SERVICE 31.50 31.50 FLAGHOUSE INC MEADOW CREEK 3RD OTHER CONSTRUCTION COSTS 3,388.00 3,388.00 FRONTIER COMMUNICATIONS PATROL SERVICES TELEPHONE 67.02 67.02 FRONTIER COMMUNICATIONS-ACCESS INFORMATION TECHNOLOGY TELEPHONE 337.23 POLICE ADMINISTRATION TELEPHONE 143.05 FIRE SERVICES TELEPHONE 143.06 623.34 GRIGGS COOPER & CO PILOT KNOB LIQUOR COST OF GOODS SOLD 159.75 159.75 GS DIRECT INC COMMUNITY DEVELOPMENT OFFICE SUPPLIES 21.79 RECREATION PROGRAM SERVICES OFFICE SUPPLIES 21.80 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 21.80 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 21.79 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 21.80 108.98 H&L MESABI CAPITAL ACQUISITION OTHER SUPPLIES & PARTS 1,572.24 1,572.24 HANCO CORPORATION PARK MAINTENANCE VEHICLE SUPPLIES & PARTS 17.48 17.48 HAWKINS INC WATER UTILITY EXPENSE CHEMICALS 35.00 35.00 HEDBERG AGGREGATES PARK MAINTENANCE OTHER SUPPLIES & PARTS 432.28 432.28 .. CITY OF FARMINGTON 01/11/2007 9:34:46 R55CKSUM LOG23000VO Council Check Summary Page - 6 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount HERLOFSKY JR, PETER J ADMINISTRATION CELLULAR PHONES 25.00 ADMINISTRATION MILEAGE REIMBURSEMENT 66.75 91.75 HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 661.85 PILOT KNOB LIQUOR COST OF GOODS SOLD 1,482.90 2,144.75 HOLLATZ, LEE INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 20.22 20.22 HOTSY EQUIPMENT OF MINNESOTA BUILDING MAINT SERVICES OTHER SUPPLIES & PARTS 63.76 SEWER OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 79.72 SOLID WASTE OPERATIONS BUILDING SUPPLIES & PARTS 79.72 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 15.94 WATER UTILITY EXPENSE BUILDING SUPPLIES & PARTS 79.72 318.86 HYDROVAC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 5,012.70 5,012.70 ICMA RETIREMENT TRUST-457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 4,586.92 4,586.92 IKON OFFICE SOLUTIONS ADMINISTRATION RENTAL OF EQUIPMENT 1,451.07 1,451.07 INDEPENDENT SCHOOL DISTRICT #1 STORM WATER TRUNK OTHER CONSTRUCTION COSTS 22,759.20 22,759.20 INTERNATIONAL ASSOCIATION INVESTIGATION SERVICES TRAINING & SUBSISTANCE 475:00 475.00 JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 205.83 PILOT KNOB LIQUOR COST OF GOODS SOLD 323.14 528.97 KEEPRSINC PATROL SERVICES UNIFORMS & CLOTHING 21.25 21.25 KELLY ELECTRIC INC BUILDING MAINT SERVICES EQUIPMENT REPAIR SERVICE 112.61 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 7 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount 112.61 LAKEVILLE SENIOR CENTER SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 336.00 336.00 LAND'S END BUSINESS OUTFITTERS POLICE ADMINISTRATION UNIFORMS & CLOTHING 8.95 8.95 LARSON, LENA SOLID WASTE OPERATIONS MILEAGE REIMBURSEMENT 33.82 33.82 LASERSHARP INC ADMINISTRATION EQUIPMENT REPAIR SERVICE 159.22 GENERAL ACCOUNTING EQUIPMENT REPAIR SERVICE 159.22 RECREATION PROGRAM SERVICES EQUIPMENT REPAIR SERVICE 137.34 455.78 LAURSEN PIANO SERVICE SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 82.00 82.00 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 259.00 259.00 LEAGUE OF MINNESOTA CITIES - P LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 390.00 390.00 M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 691.23 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 82.20 PILOT KNOB LIQUOR COST OF GOODS SOLD 807.06 1,580.49 M. SHANKEN COMMUNICATIONS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 6.25 PILOT KNOB LIQUOR COST OF GOODS SOLD 6.25 12.50 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 5,261.05 PILOT KNOB LIQUOR COST OF GOODS SOLD 6,922.15 12,183.20 MAXIMUM VOLTAGE SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 105.41 105.41 MCNEILUS TRUCK & MFG CO SOLID WASTE OPERATIONS VEHICLE REPAIR SERVICE 197.79 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 8 01/03/2007. 01/16/2007 Vendor Business Un~ Object Amount 197.79 METROCALL INC INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 15.72 15.72 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 16,879.50 16,879.50 MEYER, JIM RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 38.00 38.00 MIDWEST CHILDRENS RESOURCE CEN INVESTIGATION SERVICES PROFESSIONAL SERVICES 21.30 21.30 MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 729.89 729.89 MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108.34 108.34 MINNESOTA CH~MBER OF COMMERCE LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 45.00 f 45.00 t MINNESOTA RECREATION & PARK AS PARK MAINTENANCE TRAINING & SUBSISTANCE 75.00 75.00 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 1,956.77 1,956.77 MN CHILD SU~ORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,314.24 1,314.24 MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 437.64 437.64 MN GOVERNMENT FINANCE OFFICERS GENERAL ACCOUNTING SUBSCRIPTIONS & DUES 40.00 40.00 MN JUVENILE OFFICERS ASSOCIATI INVESTIGATION SERVICES TRAINING & SUBSISTANCE 292.50 292.50 MN OFFICE OF ENTERPRISE TECHNO PATROL SERVICES TELEPHONE 74.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 9 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount 74.00 MOLNAR, BRANDON RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 86.00 86.00 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175.00 175.00 MOONEY & ASSOCIATES INC WATER UTILITY EXPENSE VEHICLE SUPPLIES & PARTS 322.38 322.38 MORAN, JACK RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 30.00 30.00 MURPHY, JAMES PATROL SERVICES UNIFORMS & CLOTHING 66.45 66.45 MUZAK - NORTH CENTRAL DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 56.98 PILOT KNOB LIQUOR PROFESSIONAL SERVICES 60.23 117.21 MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 28.00 28.00 NEXTEL COMMUNICATIONS ADMINISTRATION CELLULAR PHONES 98.28 HUMAN RESOURCES CELLULAR PHONES 54.23 BUILDING INSPECTIONS CELLULAR PHONES 169.26 COMMUNITY DEVELOPMENT CELLULAR PHONES 42.68 PATROL SERVICES CELLULAR PHONES 728.00 FIRE SERVICES CELLULAR PHONES 218.91 ENGINEERING SERVICES CELLULAR PHONES 233.64 PARK MAINTENANCE CELLULAR PHONES 226.58 BUILDING MAl NT SERVICES CELLULAR PHONES 93.89 RECREATION PROGRAM SERVICES CELLULAR PHONES 178.77 SENIOR CENTER PROGRAMS CELLULAR PHONES 20.49 DOWNTOWN LIQUOR REV & EXP CELLULAR PHONES 38.15 SEWER OPERATIONS EXPENSE CELLULAR PHONES 129.37 SOLID WASTE OPERATIONS CELLULAR PHONES 238.99 WATER UTILITY EXPENSE CELLULAR PHONES 129.37 FLEET OPERATIONS CELLULAR PHONES 124.50 2,725.11 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 10 01/03/2007 . 01/16/2007 Vendor Business Unit Object Amount NORTHERN DAKOTA COUNTY LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 15.00 COMMUNITY DEVELOPMENT TRAINING & SUBSISTANCE 15.00 30.00 NOVAK, TED PARK MAINTENANCE TRAINING & SUBSISTANCE 30.00 30.00 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 380.26 380.26 ON-SITE HOSE INC SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 125.00 125.00 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,368.68 PILOT KNOB LIQUOR COST OF GOODS SOLD 1,186.23 2,554.91 PIZZA MAN LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 17.17 17.17 POLFUS IMPLEMENT INC. PARK MAINTENANCE OTHER SUPPLIES & PARTS 11.97 11.97 POSTMASTERS SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 65.00 65.00 PRIVATE UNDERGROUND INFORMATION TECHNOLOGY PROFESSIONAL SERVICES 141.00 141.00 PROGUARD SPORTS INC ICE ARENA OPERATIONS EXPENSE COST OF GOODS SOLD 419.62 419.62 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 11,650.87 EMPLOYEE EXPENSE FUND PERA 14,282.09 25,932.96 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,108.15 PILOT KNOB LIQUOR COST OF GOODS SOLD 604.26 1,712.41 R&R CLEANING CONTRACTORS INC. DOWNTOWN LIQUOR REV & EXP BUILDING REPAIR SERVICE 5.11 PILOT KNOB LIQUOR BUILDING REPAIR SERVICE 48.78 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 11 01/03/2007 - 01/16/2007 , Vendor Business Unit Obj~ Amount 53.89 RADEMACHER,ZACH FIRE SERVICES TRAINING & SUBSISTANCE 60.00 60.00 RENNER & SONS, E H WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 4,575.10 4,575.10 RESOURCE RECOVERY TECHNOLOGIES STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 345.00 345.00 REYNOLDS WELDING SUPPLY CO SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 5.94 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 5.75 11.69 RICHTER, DEB SEWER OPERATIONS EXPENSE TRAINING & SUBSISTANCE 18.19 SOLID WASTE OPERATIONS TRAINING & SUBSISTANCE 18.19 STORM WATER UTILITY OPERATIONS TRAINING & SUBSISTANCE 18.20 WATER UTILITY EXPENSE TRAINING & SUBSISTANCE 18.19 72.77 RIVERTOWN NEWPAPER GROUP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 45.90 PILOT KNOB LIQUOR COST OF GOODS SOLD 171.30 217.20 ROC INC FIRE SERVICES PROFESSIONAL SERVICES 227.00 BUILDING MAl NT SERVICES BUILDING REPAIR SERVICE 318.42 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 901.31 SEWER OPERATIONS EXPENSE BUILDING REPAIR SERVICE 398.05 SOLID WASTE OPERATIONS BUILDING REPAIR SERVICE 398.05 STORM WATER UTILITY OPERATIONS BUILDING REPAIR SERVICE 79.61 WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 398.05 2,720.49 ROSE MOUNT, CITY OF PATROL SERVICES SUBSCRIPTIONS & DUES 2,100.00 2,100.00 SAUTER,ROBERT EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 750.00 750.00 SECRETARY OF STATE, OFFICE OF INVESTIGATION SERVICES TRAINING & SUBSISTANCE 80.00 80.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 12 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount SKILLPATH SEMINARS PLANNING & ZONING TRAINING & SUBSISTANCE 199.00 199.00 SONUS INTERIORS INC CAPITAL ACQUISITION BUILDING & STRUCTURE 494.00 494.00 SPRINT PATROL SERVICES CELLULAR PHONES 489.51 489.51 ST PAUL, CITY OF INVESTIGATION SERVICES TRAINING & SUBSISTANCE 400.00 400.00 STAR TRIBUNE POLICE ADMINISTRATION SUBSCRIPTIONS & DUES 223.08 SEWER OPERATIONS EXPENSE SUBSCRIPTIONS & DUES 27.95 SOLID WASTE OPERATIONS SUBSCRIPTIONS & DUES 27.95 STORM WATER UTILITY OPERATIONS SUBSCRIPTIONS & DUES 27.95 WATER UTILITY EXPENSE SUBSCRIPTIONS & DUES 27.95 334.88 STREICHER'S PATROL SERVICES OTHER SUPPLIES & PARTS 336.12 PATROL SERVICES UNIFORMS & CLOTHING 760.48 INVESTIGATION SERVICES UNIFORMS & CLOTHING 9.95 1,106.55 TIPTON, GARY PATROL SERVICES TRAINING & SUBSISTANCE 26.92 PATROL SERVICES MILEAGE REIMBURSEMENT 44.07 70.99 TOURCO TOURS SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 45.00 45.00 U S BANK TRUST N A REFUNDING BONDS 2004D FISCAL AGENT FEES 402.50 402.50 UNITED PARCEL SERVICE FIRE SERVICES PROFESSIONAL SERVICES 7.71 RAMBLING RIVER CENTER PROFESSIONAL SERVICES 15.61 EMPLOYEE EXPENSE FUND DEPOSITS PAYABLE 26.46 49.78 VERIZON WIRELESS FIRE SERVICES CELLULAR PHONES 6.83 6.83 R55CKSUM LOG23000VO CITY OF FARMINGTON 01/11/2007 9:34:46 Council Check Summary Page - 13 01/03/2007 - 01/16/2007 Vendor Business Unit Object Amount VICTOR STANLEY INC PARK IMPROVEMENT FUND FURNITURE & OFFICE E 1,184.00 1,184.00 VOGEL, ROBERT C BOARDS & COMMISSIONS PROFESSIONAL SERVICES 1,000.00 1,000.00 WENDLANDT, BRENDA HUMAN RESOURCES MILEAGE REIMBURSEMENT 142.18 142.18 WINE COMPANY, THE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 72.00 PILOT KNOB LIQUOR COST OF GOODS SOLD 176.00 248.00 WINE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 93.38 PILOT KNOB LIQUOR COST OF GOODS SOLD 93.38 186.76 WlNGFOOT COMMERCIAL TIRE SOLID WASTE OPERATIONS VEHICLE TIRES 1,537.88 1,537.88 YAHOOI INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 20.39 20.39 ZNR OUTDOOR SERVICES INC STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 600.00 600.00 Report Totals 425,132.52 SODERBERG FOGARTY MCKNIGHT PRITZLAFF ZiW WILSON