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
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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
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. No action is required.
Respectfully Submitted,
~j~
Ken Lewis
Building Official
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
)-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<~
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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
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JointP sGroup: \.. );;-1/~ .
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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
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Co ri ht @ 2006. Dakota Cou
SPRUCE,ST
409 Spruce Street
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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
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, 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"
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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.
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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.
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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
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,
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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
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p'_~Y_~_~9_I?M_~!.'!:U;:9~_IM~T__,_,_______________,_______________n______nn__..'..'
Deleted: ,
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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>
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Deleted: corporation partnership
(DEVELOPER
Deleted: The Developer has asked
Deleted: to approve
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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.
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1442416-5
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i Formatted: Underline
"
ii Formatted
:"
Iii Formatted Table
,'I,
Eff Formatted: Underline
~::
~:: Deleted: h, Sidewalks and Trails
!Ji",
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$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 "))
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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
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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
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Deleted: k, Setting of Lot &
Formatted
I,
Deleted: f. Street Signs
Formatted: Indent: left: 0.25"
Formatted: Not Highlight
Deleted: ~
Formatted: Not Highlight
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Deleted: and plans and speci ... 16
Deleted: Developer
Deleted: .
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Deleted: Developer shall instruct
Deleted: to provide adequate
Deleted: City
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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
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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
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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.
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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__ \ \ \
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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, \ ~,\
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\ \"
\
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
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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
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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.
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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.
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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.
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18. Park Dedication. Not Applicable.
19. Park Development Fee. Not Applicable,
20. Sealcoatlnl!.. Not Applicable
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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
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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.
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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
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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
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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, _ _, _ __ _ _ _ _, _ __ _ _ _ _, _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _, _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _, _ __ _ _ _ _ _ _ __ __ _ __ _ _ __ _ _ _ _ _ __ _, _ __ _, _ _ _ _ __ _ _ _ _, _ __, _ _ _ _ _ __ _ _ _ __ _ __ _ _ _ _ _ _ ~ "
--.
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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________________________________________, \\..
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\\:~,
1442416-5
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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
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. 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/ //
. '
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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
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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
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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 $500 line per occurrence in accordance with paragraph K of this section.
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L The J2istrict _~~~I!_~,~_~~~PQ,!~j~!~_JQ~_th~_l?Q,!!~q!_qf~~~_4~ _ !,!_~_~~~~~_QL~~1.~~j'!l?h~ _ {!_n_<?!l_Y!l~_l!,!!_!q~_<?!.~_q~!~X~~~~.----- Deleted: Developer is responsible to
within their development as per City Code 6-7-2. Failure to control weeds will be considered a .Qistrict's Default as \ require each builder within the
outlined in Paragraph~Qf!!tj~_~~_~,!!C;!I_t_!I!1_4_tJ!c;'p'istrict _~J!_~C;~'!!~~_~!Uh~_q!Y_!I~_~~.t!!1_~~_~'!_~l!!~_!'_l!I]!gf!lp-~.ii.::::::::::~\\ ::;;:~::tr::::;~::~::'e that is
, " to be constructed in the development.
O. Third parties have no recourse against the City or the District under thisS;ontract. \\ This entrance is required to be installed
_______n____________uunununnunn_____\ \\\ upon initial construction of the home.
31. Notices. Required notices to the ,District _~~~IJ..QC;.J!I__~i.tj'!g,_J!'!Q_~~~IL~c;__~i.th~L~~'!~__<J~Hy~!.IC<J_.t9__fuc;_'p'istric!'_Jt~.:--, \ t\ See City Standard Plate ERO,09 for
~.. , ' construction requirements.'
employees or agents, or mailed to the.p,istrict,~y_l?~_~jfi.c;~_<?!_r!l&i~.t~!.IC<J_'!!l!!1.!I_t_!~~J<?!!<?~j,!g~<J~!~_s.~C;~'____mm______________ \ \ ~.., \ ,
\ ~,~','.\ \ Th De I
\ e ve oper
., \\\\\\
,Ilirector of Administrative Service~mmm_m_____mm__mmmm_m_mm__l\ \l \~~~ Formatted: Bullets and Numbering
ISO 192 \\ \ \ \\\ Deleted: Developer's
421 Walnut Street \\\ \\\' Deleted: 33
Farmington. MN 55024 Hi I \', Deleted: Developer
H$ \ ~
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
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~ Formatted: Keep with next, Keep
:. lines together
\ Deleted: <DEVELOPER>
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Peter J. Herlofsky, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
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SIGNATURE PAGE
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CITY OF FARMINGTON
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I By:
Kevan A. Soderberg, Mayor
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I By:
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Peter J. Herlofsky, City Administrator
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DISTRlCT:_...
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INDEPENDENT SCHOOL DISTRICT NO. 192
Deleted: 1
<DEVELOPER>'
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. - - - - -- - -- -. - - - -. - - - - - - -. -- - - - - - - - -... -. -.. - -. - -. -- - - -- - - --- -- - - - - ---.. - -- - -- - - - - - - - -- -- - - - - - - - - - - - ---- - - - - - - - - - -- - - -.. -- - - - - - --- -- - --- - - - - - - - -- --".." ........
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By:
,,] i, M,"i"". 80"00] Boo'" Chi, .... m.. nn:::: ::: :::::::::::::::: ::::::::::::::: ::::::::::::::::: ::::::::::::::: :::::::::: :::: "n~~
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Drafted by:
City of Fannington
325 Oak Street
Farmington, Minnesota 55024
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(651) 463-71 1 I
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. 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 --------
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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.
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Notary Public
STATE 0: MINNESOT ~~~,::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::~-::::~~
COUNTY OF DAKOTA .......J________ ,_______ __ '_n_n_______h______ __________00_00_0000 _'_____nn_____n_______n___n'_____n___________::~.-..
........
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~ Deleted: corporation under the laws of
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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\
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ALSO:
}_~~_~~~_ A_____ ________,_______,____,______,_______ ___________ __ _ __ _____;~;:~:
LEGAL DESCRIPTION ~, ....
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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.
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EXHIBIT B. m_mn___m '_n__' ,___ ,___ __ ___ _m_nm___n_nmmnn'~~~::.:
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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:
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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,
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Containing 7.89 acres. more or less,
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Easement Parcel:
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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:
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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.
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Containing 1.31 acres. more or less.
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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)
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Please sign letter below and return to me at the address above verifying the exemption status.
Thank you.
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Sincerely,
Tracy Geise
Accounting Technician/Special Assessments
Enclosure(s)
Signature
Date
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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
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IRREVOCABLE LETTER OF
CREDITII
... . , No.
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EX" I BIT .E. _ u _, _ _ _ _ u u_ _ u _ _ _ u _u _ u _ _ _ u _ _ _ _ _ _ u _ _ u _ _u_ _ u u_ _ _ _ _ _ _ ~::....
to. _ __ _ _ _ _ __ _ _ _ _ _.............. _. __ _ _ _ _.. _ _ _ _ _.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ __ _ _ _ _ _ _ _ ","'<0.""
EROSION CONTROL INSPECTION FEES "'<:::
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EXHIBIT F
Formatted: Font: Times New
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::::: Dear Sir or Madam:lI
H#: 11
H S i . We hereby Issue, for the account of
::~: . and
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:= ',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
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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
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January
.2007
Formatted: Body Text,bt, Justified,
i Indent: First line: 0.5", Space After:
: 12 pt
Deleted: draft must1(
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,i . a) Bear the clause, "Drawn under
"~"~I:,,! Letter of Credit No.
Formatted: Font: Courier New, 12
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: :: Formatted: Font: Courier New, 12
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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
,"
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;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 /
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, This Letter of Credij sets forth In full
our understanding which shalCf481
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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
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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':"\::::'
$ \
$ \
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.. ... . [name] t
,.. . .
Fonnatted: Font: TImes New
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Fonnatted: Font: TImes New
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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
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Re: Disbursement Agreement
Gentlemen:
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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.
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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.
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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
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~ _ _ _... _.. __ _... _. _... _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ __........... _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _. __..... _. _ _. _.. _. _ _ _ _ __. _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _.. _ _. _....... _. _ _ _ _.' --.. { Deleted: <.p >
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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
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~. __.... __... __.. _.. _ 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...
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Formatted: Font: 12 pt, Not Bold
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11. _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ ___ _ _ _..._ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ __ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J
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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
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~ ;'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
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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.
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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:
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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.
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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.
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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.
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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
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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
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]1riGe:2::[$]~ . _ _ _ _ _ Rider Bennett _ _ _ Illo.l200~I:!I6:o.o.;Pt!I _'
Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt
'7P. 2: [6]Dileted ,Lee M..Mann _ _ _ _1/lo./2o.!J.7..1:~:o.JtPM...
i. Erosion Control, Site Grading and Ponding
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jP.aP~1.tl~l~~" _ _ _ _' ---2_ Rlder_Bennett__ _ _ _ __' 1llo.120o.t.1!~:OO.PM.J
Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt
1F'"~12:~t8J:~iiroji~.___ ___'';' ~__Rlder Bennett';":- ~_" _ ______I/IO'120b7.l.1~~:o.o..P.M..J
Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt
r5.a.e.~~Ilf9Rnj~'~~ _ _ ...:..... _ Rider 'Bennett~_ ':.:.:.." ~--:llI0l2Qoti':jfiio.o.p.t!I.J
Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt
.l!Ite12'!~tl:d][i!o.im~::':_ ~ ", '_=- __RRiel'.;.iJennett _ _ i.~ _~:":':':"ll1Ut.2o.07~1:~1o.o.:~M..J
Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt
..~~age~:i:~[:i!I] DeI6tecl _ _ _ _ _ _ Lett_M. M;ln.lL _ _:.. _ . _ .~/lo.'-2..o..Q7_1:!I.tl:O.PJ~.M...J
k. Setting of Lot & Block Monuments
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li.'i~l!lfij[m;.~~'" - JUde.. aen....:2:.:::i<' r. :::..,:c.:..::::"ll1tti.20,Cfilf::M:o.o..PM..J
Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt
m~~."Jr; "',.~. .'~~~':"':. '~a.c, Ct,;""'.. 1'" ". ~".....' .' ,"';:n "'.' \~,.,-,,~ : " .....<,',.,'I~,;o...I',200'~ 7.L~'I':,~:!".:o.o..,B.M..J
ta':i;ltavcf'.&i&lI;::..'l:tA..........~"" c.." "z"" ,._N.~Benriett..'.f<.i,,:...!,.:.. \ -'. -wiot:, ....~~ r.:
Right, Indent: Left: 0.18", Space Before: 3 pt, After: 3 pt
~~:Prl'i]l'~a.ttecI~~~" .~" . 'RlCI8'~B8nMd:--.-'i"., Pi ."t-:r,.;' l^il"ti'!1Ob)i'i'~.o.o.P-M.l
........~ec:L;..._,,~~ _ ... _... ...~. _____~..... 'I.. I.. . ._.... . _.._..~
Indent: Left: 0.94", Space Before: 3 pt, After: 3 pt
..::~jd~\'[t$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
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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
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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.
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All bike trails and sidewalks to be constructed as part of the development must be completed before
building permits will be issued.
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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.
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<ASSESSED AREA> Assessments
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The parent parcels of <DEVELOPMENl> have been assessed for improvements to <ASSESSED AREA>.
The total levied assessment amount for the parcels is:
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Parcel Nos.
<PARCEL>
Total amount levied: $<ASSESSED AMOUNT>
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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.
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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.
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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.
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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.
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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
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_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.
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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.
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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.
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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.
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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.
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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>.
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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.
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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.
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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~
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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.
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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.
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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
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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:
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Grading/Erosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
$
$
$
$
$
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$
$
$
$
$
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Two Years Principal and Interest on Assessments $ <PRINCIPAL & INTEREST>
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This breakdown is for historical reference; it is not a restriction on the use of the security.
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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.
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.~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"
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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.
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Page): [25] Deleted
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J/10/2007 ~.:~:f)Q Pt!
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Existine: Tree Preservation. The Developer will walk the site with the City Forester
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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._
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.
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
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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
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_ _ _Lee M. Mann _ _
_ 1/10L2007'l:46:00 p'M
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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.
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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.
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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
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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.
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The Developer
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,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
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"'Pil'oi(l:j[_ll)8leted ___ _
Lee M. Mann
_ _ 1/~O/'l,qo.7 J,;%;QO P.Jet I
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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.
"
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[NAME OF BANK]
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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
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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.
Newland Communities Development Park Platting and deeding of park No 2007
projected to be occur in 2007
Pine Knoll 3.7 No 2008
-
Prairie Waterway 95.4 No 2009
-
Prairieview Park 4 No 2010
Rambling River Park 82.6 No 2008
Riverbend Development Park Platting and deeding of park No 2007
projected to occur in 2007
Silver Springs Park 0.4 Yes 2005
Tamarack Park 4.5 Yes 2003
Troy Hill 0.4 No 2009
Vermillion Grove Park 48 Yes 2005
Vermillion River Crossing Town Square Platting and deeding to occur in No 2012
the future
Westview 1.8 Yes 2006
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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
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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
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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
.
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224TH STREET WEST
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(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
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor and Councilmembers
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,
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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.
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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
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?
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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~);'
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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