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Home My WebLink About09.04.07 Council Packet City of Farmington 325 Oak Street Farmington, M'\ 55024 Mission Statement Through teamwork and cooperation, the City ofFarmingtol1 provides quality services that preserve our proud past and foster a promising fiLture. AGENDA PRE-CITY COUNCIL MEETING September 4, 2007 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA a) Joint Council/Planning Commission Workshop 5. STAFF COMMENTS 6. ADJOURN PUBLIC fNFORMA new STA TEfetENT Council workshops arc conducled as an injiJrmal work session. all discussions shall be considered filer-finding. hypothetical and unofficial critical thinking exercises. which do nol riflcct an official public position. Council work session outcomes should not be construed by the allending public and/or reporting media as the articulation of aformal Cit)' policy position. (Jnly official Council action normalll' taken at a regularl\' scheduled Council meeting should be considered as a formal expression o/the City's position on any given matter. City of Farmington 325 Oak Street Farmington, M:\ 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfiaure. AGENDA REGULAR CITY COUNCIL MEETING SEPTEMBER 4,2007 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDA TIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfa/Audience Cammenr.s) 7. CONSENT AGENDA a) Approve Council Minutes (8/20/07 Regular) b) July 2007 Financial Report - Finance c) Approve Low Quote Submitted for Westview Park Improvements - Parks and Recreation d) Approve City Park ~ame - Riverbend 2nd Addition - Parks and Recreation e) School and Conference ~- Fire Department f) School and Conference - Planning g) Approve Temporary On-Sale Liquor License - Administration h) Accept Resignation Heritage Preservation Commission - Administration i) Approve Countywide Public Safety Radio Communications Subsystem Subscriber Agreement - Administration j) Non-degradation Stonn Water Plan Phase 2 - Engineering k) Approve Easement Acquisition Wausau Pond Expansion - Engineering 1) Authorize Advertisement for Bids Riste Building Demolition - Administration m) Approve Bills n) Personnel Issue - Human Resources (Supplemental) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 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 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) TIF District Update - Finance b) Approve 1&1 Reduction Plan - MCES Surcharge Program - Engineering c) Vermillion River Watershed Joint Powers Organization CIP Update- Engineering d) Proposed MPCA Rule Change - Vermillion River - Engineering 11. UNFINISHED BUSINESS a) Vermillion River Crossing Options - Administration (verbal) 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Labor Negotiations 15. ADJOURN Page 15 Page 16 Page 17 Page 18 City of Farmington 325 Oak Street Farmington, M'\ 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides qualitv services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2007 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 6. CITIZEN COA1A1ENTS / RESPONSES TO COMMENTS (Opcnfor /1udicllcc Commcnts) 7. CONSENT AGENDA a) Approve Council Minutes (8/20/07 Regular) b) July 2007 Financial Report- Finance c) Approve Low Quote Submitted for Westview Park Improvements - Parks and Recreation d) Approve City Park Name - Riverbend 2nd Addition - Parks and Recreation e) School and Conference - Fire Department f) School and Conference - Planning g) Approve Temporary On-Sale Liquor License - Administration h) Accept Resignation Heritage Preservation Commission - Administration i) Approve Countywide Public Safety Radio Communications Subsystem Subscriber Agreement - Administration j) Non-degradation Storm Water Plan Phase 2 - Engineering k) Approve Easement Acquisition Wausau Pond Expansion - Engineering I) Authorize Advertisement for Bids Riste Building Demolition - Administration m) Approve Bills n) Personnel Issue - Human Resources (Supplemental) 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT Action Taken Approved Information Received Approved Approved Approved Information Received Approved Accepted Approved Approved Approved Authorized Approved Approved 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) TIF District Update - Finance b) Approve 1&1 Reduction Plan - MCES Surcharge Program - Engineering c) Vermillion River Watershed Joint Powers Organization CIP Update- Engineering d) Proposed MPCA Rule Change - Vermillion River - Engineering 11. UNFINISHED BUSINESS a) Vermillion River Crossing Options - Administration (verbal) 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Labor Negotiations 15. ADJOURN Information Received Approved Information Received Approved Information Received COUNCIL MINUTES PRE-MEETING AUGUST 20, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Brenda Wendlandt, Human Resources Director; Kevin Schorzman, Assistant City Engineer; Lee Smick, City Planner; len Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA a) Planning Commission Appointment Council discussed the appointment ofMr. Tim Burke to the Planning Commission. Councilmember Fogarty made a change to the August 13,2007 Council Workshop minutes. Councilmember McKnight asked about the ordinance amendment for garages, noting this was discussed by Council two months aga and brought back again. After the approval for amending the ordinance requiring pavement to garages, staff was made aware that if there is a garage in the back, with the narrow side setbacks on the lots pavement would have ta be in the drainage and utility easement which is not allowed. The Planning Commission decided to forego requiring a driveway to a detached garage. Council decided to pull this item for further review. Councilmember McKnight asked about the ordinance amendment for signs. For home occupation, he noted freestanding signs are allowed for home occupations. Staff explained this is the cunent practice. Councilmember Wilson asked to have all ordinance amendments placed on the regular agenda far discussion. Council Minutes (Pre-Meeting) August 20, 2007 Page 2 Councilmember Pritzlaff noted if they have gravel going to the detached garage, when it gets packed down it becomes like a concrete surface. He suggested including that in the amount of impervious surface on the lot. Councilmember Fogarty noted the purpose was to eliminate dirt driveways and as they are redeveloped, they need to be paved. It was decided to pull this item for further review. Councilmember Wilson asked about the payment to the City of Apple Valley for $9400. Staff explained that is the quarterly payment to the Cable Commission for Mark Moore's time. He then asked about payment to the City of Rosemount. Staff explained it was for a field trip for a Parks and Recreation program. Councilmember Wilson also asked about payment to Prairie Restoration and if that was for work by the Fire Station and Central Maintenance Facility. Staff replied it is for the Maintenance Facility and for a site in Tamarack. Councilmember Wilson asked if there was a guarantee for their work. Staff explained if the plants do not grow, they are not paid and they redo the work. 5. STAFF COMMENTS Parks and Recreation Director Distad pulled item 5a) Introduce New Employee as he was unable to attend the meeting. 6. ADJOURN MOTION by Fogarty, second by Pritzlaffto adjourn at 6:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, ?~/Y1~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR August 20, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Brenda Wendlandt, Human Resources Director; Kevin Schorzman, Assistant City Engineer; Lee Smick, City Planner; Jen Callova, Natural Resources Specialist; Kellee Omlid, Recreation Programmer; Cynthia Muller, Executive Assistant Mike, Donna, Mikayla Polski 4. APPROVE AGENDA Councilmember Fogarty pulled 7k) Amend Ordinance Detached Garages, Storage Sheds and Accessory Structures for further review. She made a change to the August l3, 2007 Workshop Minutes. Councilmember McKnight pulled item 7e) Appointment Recommendation Planning Commission for separate vote. Councilmember Wilson pulled items 7i) Amend Ordinance Statement of Purpose, Requirements for Residential-Downtown Zone, item 7j) Amend Ordinance Revisions to Definitions, item 71) Amend Ordinance Signage for Residential, Business, Industrial Park, Spruce Street Commercial, Mixed-Use, and Business/Flex Zoning Districts for discussion. Councilmember Pritzlaffhad questions on the bills. Parks and Recreation Director Distad pulled item Sa) Introduce New Employee as he was unable to attend the meeting. Mayor Soderberg pulled item 701) Personnel Issue. The item regarding Francis Blaha will be pulled for a future meeting and the issue regarding Chad Rognlie will remain on the agenda. MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS b) Acknowledge Parks and Recreation Employees - Parks and Recreation Mike and Donna Polski submitted a thank you letter to the Pioneer Press for Kellee Omlid for resolving a situation that allowed their daughter, Mikayla, to Council Minutes (Regular) August 20, 2007 Page 2 play in the last T -ball game and attend the trophy ceremony. Mayor Soderberg stated this is how he would like all employees to be. When someone calls with a concern or a problem, that they take it on as their own and they solve the problem. He expressed Council's thanks to Kellee and to the Polski's for the letter and coming to the meeting. Kellee thanked the Polski's for the letter and Tim Larson and Ted Novak for watering down the ball field. City Administrator Herlofsky noted Kellee did not tell anyone she did this. The City owes the Polski's a thank you for bringing this to staff s attention. It allows staff and the Council to be proud to work in the same place Kellee does. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (8/6/07 Regular) (8/13/07 Special) b) Adopted RESOLUTION R66-07 Accepting Donation Rambling River Center Memorials - Parks and Recreation c) Adopted RESOLUTION R67-07 Accepted Donation Party on the Knoll- Parks and Recreation d) Adopted RESOLUTION R68-07 Accepting Donation Swim Bus - Parks and Recreation f) Approved Appointment Recommendation - Fire Department g) Approved Appointment Recommendation - Fire Department h) Approved CDBG Subrecipient Agreement - Economic Development m) Approved Chad Rognlie's Termination from the Fire Department - Human Resources Pulled Francis Blaha Termination for further review - Human Resources n) Approved Bills APIF, MOTION CARRIED. e) Appointment Recommendation Planning Commission - Administration MOTION by Soderberg, second by Fogarty to appoint Tim Burke to the Planning Commission. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Voting against: McKnight. MOTION CARRIED. i) Amend Ordinance - Statement of Purpose, Requirements for Residential- Downtown Zone - Planning This is concerning the downtown residential district. The ordinance recognizes the development patterns of the original residential areas, but also allows for a higher density. Staff is proposing a new purpose statement that clearly defines multi-family, two-family, etc. Councilmember Wilson asked if there was any pending development with the Planning Commission that caused this to be reviewed or is it in conjunction with Council Minutes (Regular) August 20, 2007 Page 3 the historic downtown overlay. City Planner Smick stated this was her idea to review several codes to make sure they are up-to-date and make sense. MOTION by Fogarty, second by Wilson to adopt ORDINANCE 007-574 approving the text amendments in Section 10-5-12 (A) and 10-5-12 (B) of the City Code. APIF, MOTION CARRIED. j) Amend Ordinance - Revisions to Definitions - Planning The definition regarding boulevard trees was pulled from the ordinance as the Planning Commission wants to review them at their September meeting. The garage, private and garage, detached definitions were also removed. Regarding storage sheds, there are private garages and sheds. Staff wanted to distinguish between private garage and detached garage. Building a storage shed under 200 sq ft does not require a building permit. The minimum size for a garage is 240 sq ft. There was a discussion regarding the definition of sheds and garages. MOTION by Wilson, second by Pritzlaffto continue this item at the September 17,2007 Council Meeting. APIF, MOTION CARRIED. k) Amend Ordinance - Detached Garages, Storage Sheds and Accessory Structures - Planning Councilmember Wilson suggested getting a communication to residents that this item will be discussed at the September 17,2007 meeting. Mayor Soderberg asked about the requirement to store cars in a garage. Staff explained for some people the l20 sq ft shed is not large enough, so they want to have a larger storage facility. The next larger size is 1,000 sq ft to make certain it can hold a car. This is the way the current ordinance reads. City Attorney Jamnik noted this has come up in other cities were the intended use of the garage has been consumed by additional storage or home occupations, etc. To have the accessory structure available for its intended purpose is not unusual. When this comes back to Council, staff will also discuss access to garages and drainage and utility easements. Storage sheds will be limited to 200 sq ft. Anything larger would be considered a garage and needs to be a minimum of 240 sq. ft. with a garage door. Any size in between would not be allowed. Mayor Soderberg felt they are taking something away from property owners by doing this. The height would be limited to 12 ft. Councilmember Pritzlaffasked what happens ifit is not built sturdy enough. He asked ifthere should be a standard they have to meet. City Planner Smick noted the ordinance states they shall meet the minimum requircments ofthc building code and be anchored in place as approved by the Building Inspector. Councilmember Pritzlaff felt a building pennit should be required. I) Amend Ordinance - Sign age for Residential, Business, Industrial Park, Spruce Street Commercial, Mixed-Use, and Business/Flex Zoning Districts - Planning Staff explained the changes being made in sign definitions. For home occupations staff will be allowing freestanding signs and wall signs. In the Band Council Minutes (Regular) August 20, 2007 Page 4 1-1 zoning districts, one monument identification sign per street frontage will be allowed on a lot. MOTION by Wilson, second by McKnight to adopt ORDINANCE 007-575 revising signage requirements in Residential, Business, Industrial Park, Spruce Street Commercial, Mixed-Use, and Business/Flex Zoning Districts. APIF, MOTION CARRIED. n) Approve Bills Councilmember Pritzlaff asked about the payment to EnviroTech for other construction costs for City Hall of$19,655. Staff replied that was required to remove the asbestos from the Blaha building before it was demolished. This was considered as part of the project cost and was part of the cost of demolishing the building, which was part of the cost of the bond. Councilmember Pritzlafffelt this was an extra. He asked ifit was part of the contingency or a change order. Staff explained it was part of the project budget. Council will be updating the budget each month showing each budget item and the cost for each item. Councilmember Pritzlaffwas not comfortable with seeing this in the list of bills and felt it was something that was missed. He would like to see the specification for the building from the architect as to whether this was in the bid. Staff explained this was not included in the bid as it is a specialty item done separately. The general contractor does not do asbestos removal. Councilmember Fogarty clarified when the City acquired the Blaha building for the new City Hall, Council new there would be asbestos removal. This cost is half of the estimated cost. Councilmember Pritzlaff stated he was aware there was asbestos in the building. He was asking why was this not in the bid for City Hall. He felt this was an extra. City Administrator Herlofsky explained from a cost basis, if it is not included in the construction, he would prefer it not be part of Wold's project because then they charge a fee on top of it. Everything the City can do themselves is to our advantage. It is still a cost for the building, but it is separate from the construction cost. Wold was not running the project when the Blaha building was demolished. Staff was aware certain things needed to be done to the building before it was demolished. Demolishing the building was part ofthe bid cost. The costs of remediation were separate from that and were included in the project budget and in the bond. Councilmember Pritzlaff stated this was the first time he heard there was an additional cost the City is taking on so Wold does not add on their percentage. This is $19,655 of extra money he was not told about. When Wold put the bid out for City Hall, he thought everything was in there. Now there is $19,655 that clearly to him should be in the project. City Administrator Herlofsky explained even the furniture is not in the project for Wold to add on their percentage. Staffwill prepare a spreadsheet for Council showing the costs. MOTION by Pritzlaff, second by Wilson to reconsider approval of the bills. Voting for: McKnight, Pritzlaff, Wilson. Voting against: Soderberg, Fogarty. MOTION CARRIED. Councilmember Pritzlaff then asked about payment to Fischer and Sons for private capital projects for $6,895. Staff explained this is for the Hometown project. Their letter of credit has been pulled and staffis in the process of Council Minutes (Regular) August 20, 2007 Page 5 completing the work left undone when the project went into default. When those bills are covered, they are covered by the letter of credit money the City is holding which is held in the private capital projects account which is in accounts payable. This account is then reduced by the amount of the bills paid. Councilmember Pritzlaff asked to pull this payment for separate vote. Councilmember Pritzlaff asked about payment to Lamettrys Collision Lakeville in the amount of$10,609.30. Staff explained the City is carrying a $10,000 deductible. This pays for two City vehicles which were damaged in accidents. One charge of 56,000 will be sent to the insurance company as the City was not at fault. The balance is due to a squad car being involved in an accident. Councilmember Pritzlaff agreed to leave this on the list of bills. Councilmember Pritzlaff asked about payment to Wold Architects for HRA/Economic Development in the amount of $4,308.85. Staff explained these are the fees the EDA has incurred for the demolition of the Riste building. The EDA has approved this as a separate expense. Wold did the specifications for demolition to make sure it was done correctly. This was done to meet certain requirements for CDBG funding. Councilmember Pritzlaff agreed to leave this on the list of bills. MOTION by Wilson, second by McKnight to approve the bills except for EnviroTech Remediation Service and Fischer and Sons. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to approve the bill for EnviroTech Remediation Service. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. MOTION by McKnight, second by Fogarty to approve the bill for Fischer and Sons. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Jill Loosbrock has submitted an application to practice Therapeutic Massage at Hadler Family Chiropractic, 625 8th Street. MOTION by McKnight, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to approve a Therapeutic Massage License for Jill Loosbrock at 625 8th Street. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Adopt Resolution - Tree Replacement and Maintenance - Natural Resources Two bids were received for this project. The low bidder was Hoffman and McNamara with a base bid of$85,460. This will be funded from the private capital projects fund. The current balance of the fund is 5200,000. The money from this fund comes from administrative and engineering fees charged to developers. The City no longer charges this overhead fee. Council asked for a list of projects recently done by this company for reference. There are 130 trees Council Minutes (Regular) August 20, 2007 Page 6 to be replaced. MOTION by McKnight, second by Fogarty to adopt RESOLUTION R69-07 accepting the base bid of Hoffman & McNamara in the amount of $85,460 and awarding the project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Informative Billboard Signage - Engineering The City has the opportunity to use the billboard along Pilot Knob Road, north of hwy 50 to get out public service messages. Messages will include water restrictions, parking restrictions, storm water, recycling, etc. This will meet the education requirements of some of the City's programs. The cost would be $8,300 per year. The cost will come from the enterprise funds or the general fund. Current forms of communication will continue. Council agreed with the use of the billboard signage. 11. UNFINISHED BUSINESS a) Schedule Mill and Overlay Workshop - Administration Council set the workshop for September 5,2007 at 7:00 p.m. Staffwill notify the residents. 12. NEWBUSINESS a) Draft 2008 Budget - Finance Staff provided a copy of the proposed 2008 Budget to Council. Council set the budget workshop for September 10,2007 at 5:30 p.m. Council will be required to adopt the preliminary 2008 levy and budget at the September 17, 2007 Council Meeting. Councilmember Pritzlaff noted the memo states building permit revenue assumptions were revised downward by $58,600. He would like to see the original numbers. He noted expenditures include two new and two upgraded positions in the general fund. He would like to know what the positions are. He understood the decrease of $508,967 from the amount presented at the workshop. He understood Council asked staff what they wanted, and decreasing the budget by $508,967 is good, but he was not comfortable with asking departments for a wish list because it looks like the budget was reduced by $508,000 when most of the positions might not have been approved. Finance Director Roland stated the memo was intended to address the fact staffhas worked to balance the budget since the budget workshop and to give Council basic information. An in-depth conversation will be held at the budget workshop. 13. COUNCIL ROUNDTABLE a) Retreat Date City Administrator Herlofsky proposed to have the retreat at one of the Dakota County parks and has some suggestions for a facilitator. He asked Council to set a date to continue with the planning. Councilmember McKnight felt Council should determine priorities and plans for the next year or two at the retreat. Council \1inutes (Regular) August 20, 2007 Page 7 Council set the evening of October 11 after 5 :30 p.m. and during the day of October l2, 2007 for their retreat. Coullcilmember Fogarty: Noted Marschall Lines donated a large portion of the cost for the swim bus. She thanked everyone for attending the Dakota County Fair. Coullcilmember Pritzlaff: Regarding the list of bills, he asked of there is something out of the ordinary on the list of bills if staff could provide a cover memo explaining what the item is. Mayor Soderberg stated ifhe has a question, he will go to City Hall and look at the invoice, or ask staff rather than taking time at the meeting. There will continually be bills that are not recurring on a monthly basis. For staff to write a memo for bills would not be a productive use of their time. Councilmember Pritzlaff stated he was not asking for every bill, but lately there have been questions on some payments. Councilmember Fogarty stated she calls Finance Director Roland with questions. Councilmember Wilson stated he does not have a problem talking about the bills during pre-Council. Tonight was an exception. Councilmember Pritzlaff sent an e-mail to Council with the idea of a meeting to review a complete list of the project updates on City Hall, what is being paid, the purpose, the amount. He would also like to have a meeting with a project update for the Elm Street project. The Elm Street project meetings are well-attended by residents and he would like to see the same thing for City Hall. City Administrator Herlofsky stated there are construction meetings with the contractor on Wednesdays at 8:00 a.m. and staff meets on Tuesdays at 10:00 a.m. The advantage with Elm Street is that there were customers affected by the project. Updates for the City Hall project could be placed on the website. Staff will provide a monthly update of all the bills for the City Hall project. Mayor Soderberg: The first Dakota County Communications meeting was held on-site at their new facility on 1 60th Street and TH3. The Ramble and Amble was held last Friday night and it was a great event. There is an opportunity to attend League of Minnesota Cities regional meetings. There is also an Excellence in Leadership seminar Thursday. Mayor Soderberg will be attending. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:28 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant ~ c: .9 '" c: .~ .. u. '0 ~ u '" ~ ai Ul .,. ~ N ..; ~ co '" " o '" !::!. IX) .... " :; ai N '" '" N N 0> IX) " ~ .. E", EO "..... en" -~ ..co '" "C " lD 8 '" '" o '" !!!. e:;;- '" o cO co '" C;; o '" N '" '" '" ai <0 '" '" o ,..: '" co .. lD "C c: " U. '" o o N "C .. ~i .. II: .. o c: .!1l .. lD 19 {:. o .. c > o Z 8 " ..., .. c: " ..., ~ .. ::; ,Q .. u. c: .. ..., ,,0; 8-g NlD c: B 'C: o <II .. 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C J'.. '" CO 0 E j E LL u.. 0 :> N CI) 'I- ... OJ 0 ca . Ol ~ .., CI) :> ~ m C - .- CI) (.) C) il '. " ~ 0:: >- ;S c: o ::; ~ o ~ ~ il: I :5 ~ f!! 8. ~ ~ ~ E ell ~ ~ ~ E ell 15. ~~ tl ~ ~~ H (jell 0 0 0 0 0 0 0 0 It) -q- ('I') N ..... ~ ..... N It) -q- ('1'). N ..... ..... N. LO as ..... -.i ,.... r-: -q- ('I') -q- CO ,.... CO CO ,.... at III ..... ,.... ('I') ('I') ,.... ~ ~ ~ ~ ..... ..... ..... I I ~ ~ ~ a:>ueles pun:l c: .9 Ol c: '~ ~ '0 ~ () 7~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Council members and City Administrator (# FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approving Low Quote Submitted for Westview Park Improvements DATE: September 4, 2007 ACTION REQUESTED In 2007, a full court basketball court and accessible trails were planned to be constructed in Westview Park. The action being requested is to approve hiring Northwest Asphalt who submitted the low quote for this work. DISCUSSION/BUDGET IMPACT Quotes were received from five contractors for this work. Northwest Asphalt from Shakopee, Minnesota submitted the low quote in the amount of $22,950. A tabulation of the five quotes received is attached. BUDGET IMPACT These improvements were identified to be covered under the approved 2007 Park Improvement Fund budget. The following identifies the cost of these improvements: Parks Westview Park Improvement full court basketball court & trail construction Budget $23,280 Quote $22,950 Difference (Quote-Est) ($330) R. e~l'. ectfullY. SUb~mitte..d /l ) ~. / r(~L~ pU Randy Di:~, Parks and Recreation Director c o - cu ;j .c cu to- Q) - o ;j a - (J Q) .0' ~ 0.. - c Q) E Q) > o ~ c. E - ~ ;j o U cu .c - Q) ~ f/) cu co "'C C cu cu ~ to- ~ ~ cu 0.. 3: Q) > - f/) Q) ~ Ol I:: a. a. o - .:.:: <J lI:l lD ~ Q) .0 Q) 3: " I:: lI:l - - .2 " lI:l 0:: III >0 lI:l == " lI:l o 0:: lI:l - o III Q) I:: I:: :E ~ lI:l .s:: a. 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'<t M OJ 00 I:: .... 0.. M 0.. EFt 0 ~-o u CU ~ON a:l0::::1'- '-~C") (1) cuI.{) .0-01.{) (1)I::Z ~ E~_15 l::o~=O CU Z CU CU t:=o....JO:::: gl.{)'-I:: -O'<tO.!: CU 0) 'C 0 0::::..-0...-, ~ -.:J: en >'-0 ~2 -oa:l ~]j 0::::';:; J!l ~ 0-0 en I:: (1)- 1::0 1::1'- ~~ 0) I'- C") I.{) I.{) Z ~ a3 ai.g (1) .- 0.'- OLL .:.:: I:: ~~ (/)0:::: .... 00 N l"- N EFt o o ci Il) Q)~ N N ~ -00) o::~ .!:I.{) ul.{) CUz 8~ (1) in g> :E ~ en g-.~ E~...:::.::: 0'- I.{) CU E ~.!:CU Z..-(/)-, - CU .!: 0.. en <( o Il) CD l"- ll) ~ N ~ 0) OJ I'- I:: ~ 0.. I.{) g- Z ~t'-~c ~~aig CO >< 2io CU dL~ 0) ~o~t: o...o...(/)~ g .z :g ~~ ~ ~~~1: ~ -g I- .2' ~ 0 I:: (1) I:: o::OIo en ~ (1) en :J&~ID 0(1)'-0) 1::-,00... ~2~~ a:lO)E~ o lD ....I <( I- o I- FORM OF AGREEMENT THIS AGREEMENT, made and signed this 4th day of September 2007, by and between the City of Farmington hereinafter called the "Owner" and Northwest Asphalt hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 325 Oak Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner for: 2007 Westview Park Improvements and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before October 3l, 2007. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as "additional insured" and having at least $l ,000,000 per occurrence liability coverage. ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director, the aggregate of which prices, based on the approximate schedule of quantities, is estimated at $22,950.00. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate oflnsurance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. Specifications (General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the date first above written. CONTRACTOR: OWNER: BY: BY: ITS MAYOR ITS 7d City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmcmbcrs and City Administrat'(J Randy Distad, Parks and Recreation Director FROM: SUBJECT: Approving City Park Name in the Riverbend 2nd Addition Development DATE: September 4, 2007 INTRODUCTION The Park and Recreation Advisory Commission (Commission) is responsible for recommending to the City Council names for City parks. DISCUSSION At its August 22, 2007 meeting, the Commission discussed and approved a recommendation concerning a name for the park that the City will be deeded from the Riverbend 2nd Addition Development. The name that the Commission is unanimously recommending for approval to the City Council is North Creek Park. The Commission felt it was an appropriate name since the park area will be abutting North Creek. ACTION REQUESTED Accept the recommendation from the Commission and approve North Creek Park as the name of the park in the Riverbend 2nd Addition Development. /:y~I;;;!) ~ DIstad Parks and Recreation Director 7e. City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administra@ FROM: Tim Pietsch, Fire Chief SUBJECT: Minnesota Fire Certification DATE: September 4,2007 INTRODUCTION John Powers has been invited to participate in a test re-write for the Inspector 1 and 2 Test Banks. DISCUSSION This is an important project that will affect the testing standards nationwide. John would like to participate. It will mean a week (seven days away from the office). The conference will be held September 16-23, 2007 in West Palm Beach, FL. John has participated in several other projects similar to this one. He would stay in touch via e-mail and phone. There is no cost to the City. BUDGET IMPACT None. ACTION REQUESTED Approve Fire Chiefs request to send John Powers to participate in the Test Banks project. Respectfully submitted, .....-:l ./} l/,./../,.."L ? ....,~~;-. J u,--~-4j Q'.-...J Tim Pietsch Fire Chief 7F City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.259l www.ci.farmington.mn.us FROM: Mayor, Council Memb~~. City Administrator (j. Lisa Shadick, Administrative Services Director TO: SUBJECT: School and Conference DATE: September 4, 2007 INTRODUCTION City Planner Lee Smick would like to attend the 2007 Minnesota State Planning Conference, sponsored by the Minnesota Chapter of the American Planning Association. DISCUSSION The 2007 Minnesota State Planning Conference will be held in Rochester, Minnesota. It will begin on Wednesday, September 26 and end on Friday, September 28. Topics such as creating and enforcing subdivision regulations, creating livable communities for a lifetime, and determining if Minnesota's planning laws need reform will be discussed. Additionally, Ms. Smick will gain training hours to maintain her certification with the American Institute of Certified Planners (AICP). BUDGET IMPACT The cost of this conference is $285 and mileage is $68. The City's 2007 budget includes sufficient funds for the costs associated with this conference. ACTION REQUESTED For information only. Respectfully submitted, ~/~5~~~ R-4/t/{d~ Lisa Shadick 7j City of Farmington 325 Oak Street Farmington, Minnesota 651.463.711l . Fax 651.463.259l www.ci.farmington.mn.us TO: Mayor, Councilmembers, City AdministratoO FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - St. Michael's Church DATE: September 4,2007 DISCUSSION St. Michael's Church is requesting a Temporary On-Sale Liquor License for their Fall Festival to be held September 14-16, 2007. This event will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore, the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REQUESTED Approve the attached application for a Temporary Liquor License for St. Michael's Church, 22120 Denmark Ave., for their Fall Festival, September 14-16,2007. Respectfully submitted, " /J J; {yo-~/l Ac:1 d;c_ Lisa Shadick Administrative Services Director Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE DATE ORGANIZED TAX EXEMPT NUMBER 5" '-\-L 3 CITY STATE W\ _ I -t--G\Y\"'\: +c l, I' IN BUSINESS ONE HOME PHONE (bS\) l,,3-33CoO () TYPE OF ORGANIZATIO~,........-- o CLUB o CHARITABLE ~ELIGIOUS DOTHER NONPROFIT ADDRESS OJY\.L- (L6 0'1 ADDRESS II ADDRESS I' II Location where license will be used. If an outdoor area, describe ;2 :2 i;). 0 D ti1 inJJ..Y K ftU-e. F; II FeS+I'V~ ~)1. 11- 10 J ;;2,007 No Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, the carrier's n (NOTE: Insurance is not mandatory.) Ice I',) ~L overage. c . f JOO 00 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITflNG TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6/98) 7h City of Farmington 325 Oak Street Farmington, Minnesota 65l.463.711l . Fax 651.463.259l www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrat@ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Accept Resignation Heritage Preservation Commission DATE: September 4,2007 DISCUSSION Tim Burke has submitted his resignation for his posItIOn on the Heritage Preservation Commission. Mr. Burke will continue to serve on the commission until his replacement is appointed. His term on the HPC is through January 31,2010. A copy ofMr. Burke's resignation is attached. ACTION REQUESTED Accept the resignation of Tim Burke from the Heritage Preservation Commission (HPC). Respectfully submitted, ;6:#~ II~Crd~ Lisa Shadick Administrative Services Director Page 1 of 1 Lisa Shadick From: Sent: To: Cc: Tim Burke [tburke@elmwoodgroup.net] Tuesday, August 28, 2007 11:43 PM Kevan Soderberg (Council) Lisa Shadick Subject: Resignation from the Historic Preservation Commission August28,2007 Dear Mayor Soderberg, I am writing to tender my resignation from the City of Farmington Historic Preservation Commission due to my appointment to the city's Planning Commission. It has been a privilege to serve on the Historic Preservation Commission. I have enjoyed my service on the commission, working with my fellow commissioners and city staff. At the same time, I look forward to my new duties with the Planning Commission. Staff advises that it is past practice, with the indulgence of the mayor and council, for a departing commissioner to continue to serve until a new commissioner is seated. If it is the city council's desire, I would be happy to continue to serve with the Historic Preservation Commission until a new commissioner is appointed. Sincerely, TIMOTHY s. BURKE 20087 Heathrow Way Farmington, MN 55024 651/463-9341 home/evenings 651/775-6637 mobile/days tburke@elmwoodaroup.net 8/29/2007 // City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Countywide Public Safety Radio Communications Subsystem Subscriber Agreement DATE: September 4,2007 DISCUSSION / BUDGET IMPACT This is part of the Dakota Communications Center project. The costs associated with it are included in the 2008 budget. This is the City's portion of the cost for maintaining the radio system and has already been approved by the Executive Board of the DCC. ACTION REQUESTED Approve the agreement so it can be forwarded to Dakota County. CMuller/Herlofsky/Council Memos/DCC Agreemt Dakota County, Minnesota Countywide Public Safety Radio Communications Subsystem Subscriber Agreement Between Dakota County, Minnesota and the City of Farmington Regarding: Use and Support of the Dakota County Subsystem to the Regional Public Safety Radio Communications System; Purchase, Maintenance and Repair of Subscriber Radios; and Operational Support of the Subscriber Radio Fleet Page 1 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 This Agreement is between the County of Dakota, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", 1590 Highway 55, Hastings, Minnesota, 55033, and the City of Farmington, a Minnesota municipal corporation, acting by and through its duly authorized officers, herein referred to as the "CITY". WHEREAS, the County and the Metropolitan Emergency Services Soard, hereinafter referred to as the "MESS", entered into an agreement regarding the design, procurement, construction and operation of the COUNTY 800 MHz Trunked Radio Subsystem; and WHEREAS, the CITY, by Resolution No. R61-05, stated its intent to participate in the Regional 800 MHz Public Safety Radio Communications System; and WHEREAS, the COUNTY and Motorola, Inc., hereinafter referred to as "MOTOROLA", entered into an agreement regarding the purchase, delivery and installation of the COUNTY 800 MHz Trunked Radio Subsystem for countywide public safety communications owned by the COUNTY, which is expected to become operational in 2007; and WHEREAS, the CITY has elected to participate as a subscriber in the COUNTY 800 MHz Trunked Radio Subsystem; and WHEREAS, the COUNTY, by Resolution No. 05-446, and the City, by Resolution No. R60-05, along with other Dakota County municipalities, agreed to create and establish the Dakota Communications Center joint powers entity, hereinafter referred to as the "DCC", that will be responsible for public safety 911 and dispatch communications within Dakota County; and WHEREAS, the COUNTY and the CITY wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY and the CITY agree as follows: ARTICLE 1. DEFINITIONS 1.1 Authorized Users means those Eligible Users that have been duly authorized by the MESS to use the Regional System. 1.2 Certified Radio means radio equipment that has been approved for use on the Regional System by the MESS. Page 2 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 1.3 County Subsystem means the 800 MHz public safety communications Subsystem funded and constructed by the COUNTY pursuant to an agreement with the MESS (the MESS Cooperative Agreement) that is integrated with and a part of the Regional 800 MHz Public Safety Radio Communications System (Regional System). 1.4 Cloning means the process whereby a Code Plug is written into the memory of a radio. 1.5 Code Plug means the program file containing talkgroup information and configuration settings that is written into the memory of a radio. 1.6 Day to Day Use means regular ongoing use of the County Subsystem. 1.7 Dakota Communications Center or DCC means the joint powers entity created by the COUNTY and cities within Dakota County under the authority provided by Minnesota Statutes section 471.59 for the purpose of acquiring and providing the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint law enforcement, fire, EMS, and other appropriate communications system for the mutual benefit of the people of Dakota County. 1.8 Eligible Users means those public entities eligible to hold FCC licenses in the Public Safety and Special Emergency Radio Services as defined by 47 C.F.R. Part 90, Subparts Band C, and those public entities eligible to operate radios in the Public Safety and Special Emergency Radio Services under the provisions of 47 C.F.R. Part 90.421. 1.9 Fleet means the set of radios with assigned radio system identification numbers that fall within the numeric range assigned to the COUNTY by the State of Minnesota or contain Code Plugs that are maintained by the COUNTY. 1.10 Itinerant Use means limited temporary use of the County Subsystem for roaming service or to enhance portable coverage to support the internal operations of an Authorized User. 1.11 Local Plan means the 800 MHz Communications Plan for the COUNTY, as adopted by the COUNTY Board of Commissioners on September 5, 2006 by Resolution No. 06-361 and approved by the Metropolitan Emergency Services Soard on October 11, 2006, as amended from time to time. 1.12 Metropolitan Emergency Services Board or MESB means the regional radio board for the Metropolitan Area created by a joint powers agreement pursuant to Minnesota Statues Section 403.39 (2006), which is the successor to the MRB. Page 3 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 1.13 MESB Regional System Pass Through Fees means the fees established by the MESB based on the actual operating and administrative costs for the Backbone System, including future addition and changes to the First Phase. Includes actual costs for operation, administration and maintenance, recurring costs for site leasing and a prorated share of equipment costs for moves, additions, changes and replacement of shared Backbone System equipment. 1.14 Metropolitan Radio Board or MRB means the political subdivision created pursuant to Minnesota Statutes ~ 403.22 to provide governance over the planning and implementation of the Statewide 800 MHz interoperable radio communications system, whose responsibilities were transferred to the Statewide Radio Board pursuant to Laws of 2004, Chapter 201, Section 22. 1.15 Policy Work Group means the 800 MHz policy working group formed by the Dakota County Administrator and consisting of City Managers/Administrators or other city representatives as determined by each City, the Sheriff's Office, and County staff for the purpose of making recommendations to the County Board regarding operating and financial policies for the County 800 MHz Trunked Radio Subsystem. 1.16 Programming means the process of preparing a custom Code plug, then writing that Code Plug into one or more radios. Programming also means the configuration of certain infrastructure components including, but not limited to, the Prime Site controller, zone controllers, dispatch consoles, and other equipment necessary for an operational Regional System and County Subsystem. 1.17 Regional System means the regional trunked public safety radio communications system that consists of a shared regionwide infrastructure, the elements of which are identified in the Regionwide Public Safety Radio Communications Plan, and associated subsystems interconnected by the shared regionwide network. ARTICLE 2 PURPOSE AND INTRODUCTION 2.1 Purpose The purpose of this Agreement is to define the rights and obligations of the COUNTY and the CITY with respect to the cooperative and coordinated purchase, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the CITY to be used on the County Subsystem. This Agreement supersedes any previous subscriber agreement between the parties for the use of the COUNTY Subsystem. Page 4 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 2.2 Subsystem Description The County Subsystem is a multi-site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the COUNTY. By entering into this Agreement and acquiring Certified Radios, the CITY will have access to the Regional System, a wide area nine county regionwide publiC safety radio communications system, the County Subsystem, multiple system redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all transmissions, 99.999% microwave system reliability, encryption availability, system security, radio interoperability, 24 hour a day Subsystem monitoring and repair response, access to a pool of special event radios and CITY radio user training. ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CITY 3.1 Conformance to Metropolitan Emergency Services Board and COUNTY Standards CITY agrees to conform to all applicable standards, policies, procedures and protocols established or amended by the MESB or its successor; the State Radio Board; and COUNTY related to use of the County Subsystem, including, but not limited to, radio user training requirements, radio operating guidelines, COUNTY Subsystem use, audits and monitoring for compliance. 3.2 Conformance to Federal Laws and Regulations CITY agrees to conform to all applicable Federal Rules, Regulations, and Laws pertaining to use of the County Subsystem, including, but not limited to, the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. 3.3 Response to Improper Use In the event the COUNTY informs the CITY that statistical analysis of County Subsystem usage or other information indicates that the CITY personnel may have inappropriately used the County Subsystem, or may have violated standards, policies, procedures, rules, regulations, or laws regarding proper operation of the County Subsystem, or may have violated the provisions of this Agreement, the CITY agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 3.4 Radio and County Subsystem Fees CITY agrees to pay COUNTY all fees assessed to the CITY by the COUNTY in accordance with a cost recovery policy established by the Dakota Board of Commissioners for actual costs incurred by the COUNTY including but not limited to programming, software updates, technical support, administrative support, configuration support, access to the special event shared pool of radios, training support, operation and maintenance of the County Subsystem Page 5 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 and other costs attributable to CITY participation in the 800 MHz radio communications Regional System under this Agreement. The Radio and County Subsystem Fees are subject to annual adjustment and are described more specifically in Appendix A which is attached and made a part of the Agreement. The Radio and County Subsystem Fees shall be assessed on a per-radio basis and are detailed in the Fees Table in Appendix A which may be amended annually by the COUNTY. The COUNTY will notify the CITY of any proposed annual changes to the Radio and Subsystem Fees and will summarize the changes by issuing a revised Fees Table no later than May 1st of each year to allow the CITY to include these proposed costs in its annual operating budget for the following calendar year. The COUNTY will notify the CITY of the actual annual County Subsystem fees before September 1st each year. This requirement to notify the CITY shall not apply to the MESB Pass Through Fees. . Annual changes to the Radio and Subsystem Fees will not require the written consent of the CITY or any written amendment of this Agreement. The COUNTY will solicit input from the 800 MHz Policy Work Group in developing the annual fees. The Radio and Subsystem Fees apply to seasonal use radios and will be billed as prescribed under Section 3.7. 3.5 Metropolitan Emergency Services Board Regional System Pass Through Fees The CITY agrees to pay to the COUNTY all user fees attributable to the CITY that are assessed to the COUNTY by the MESB for Regional System costs, and passed through by the COUNTY to the CITY. The MESB Regional System Pass Through Fees shall be attributed to subscribers to the COUNTY Subsystem on a per-radio basis. The MESB Regional System Pass Through Fees are described more specifically in Appendix A and the Fees Table attached to this Agreement. The amount of these fees may be amended by the COUNTY whenever the MESB amends the amount of Regional System fees that it imposes on the COUNTY. 3.6 Purchase of Radios The CITY is responsible for the purchase of the radios and radio operating software versions that will be used by the CITY on the County Subsystem. Such purchase shall be coordinated between the CITY and COUNTY in accordance with the policy established by the Dakota County 800 MHz Policy Work Group, if any. The CITY may only use Certified Radios on the County Subsystem 3.7 Invoicing and Payment Terms The COUNTY will invoice the CITY monthly, or at other intervals as determined by the COUNTY, for all fees payable to the COUNTY as specified herein. For radios activated on or before the 15th of the month, the CITY will be charged for the entire month. For radios activated after the 15th of the month, the fees will commence on the first day of the following month. The CITY shall pay all fees directly to the COUNTY within thirty (30) days from receipt of the invoice. Page 6 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 3.8 Flow Down Metropolitan Emergency Services Board Contract Provisions The CITY agrees to comply with all applicable flow down provisions contained in the COUNTY's agreement with the MESS (the Cooperative Agreement). Those Agreement provisions, including any Amendments thereto, are incorporated herein as a part of this Agreement by reference. 3.9 De-certification and Disposition of Obsolete Radios The MESB, or its successor, and the COUNTY may de-certify radios, radio operating software versions, and radio program files and configuration settings (commonly called code plugs) which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs County Subsystem performance, no longer supported by the radio manufacturer, no longer supported by the COUNTY, exhibits substantial defects, exhibits performance deficiencies, impairs implementation of County Subsystem upgrades, becomes unreliable, or becomes economically unfeasible to maintain. Except in those cases affecting safety or performance impacts to the County Subsystem, other subsystems, or the Regional System, the COUNTY will make reasonable efforts to avoid de-certification of radios owned by the CITY which have not been fully depreciated and to provide the CITY with at least one (1) year advance notice prior to the effective date of radio or software version de- certification. De-certified radios or radios operating with de-certified software versions or de- certified code plugs will not be allowed to access or use the County Subsystem. The CITY agrees to dispose of obsolete radios, batteries and other equipment in accordance with applicable laws and rules regarding disposal of hazardous materials. The CITY understands that the COUNTY is not obligated to make any payment to the CITY for replacing a de- certified radio. 3.10 Limitation of Radio Programming, Radio Code Plug Programming Files, and System Key Files All radios on the County Subsystem shall be programmed only by the COUNTY or its properly designated representatives, and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all CITY radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the County Subsystem. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain information that is classified as security information and non-public government data. Unless specifically authorized by the COUNTY in writing, the CITY may not directly or indirectly permit any third party to: view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the County Subsystem. In the event the CITY learns that anyone has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, the CITY will immediately notify the COUNTY of the security breech. Page 7 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 3.11 Risk of Loss and Payment for Lost, Stolen, Un-repairable, or Destroyed Radios The CITY assumes full risk of loss for radios owned by the CITY which are lost, stolen, physically un-repairable or destroyed for any reason. 3.12 Notification to the COUNTY of Missing, Lost, Stolen, Un-Repairable, or Destroyed CITY Owned Radios The CITY agrees to immediately notify the COUNTY in writing of any missing, lost, stolen, un-repairable, or destroyed CITY owned radios, so the radio can be de-activated on the County Subsystem. The CITY shall be responsible for payment of fees for a radio until written notification is received by the COUNTY that a radio is not available for use due to one of these causes. 3.13 Repair of City Owned Radios The CITY is responsible for maintaining the CITY owned radios in good repair. Repair and maintenance shall only be performed by the radio manufacturer, the COUNTY, or by COUNTY approved vendors, at the election of the CITY. The COUNTY will use reasonable efforts to identify and approve more than one vendor for radio repairs and will provide a list of COUNTY approved vendors to the CITY. The CITY will be responsible for the payment of Radio Repair and Maintenance Fees, at the rate in the current Fees Table, during the period of repair on any radio. A replacement radio may not be used on the County Subsystem until the COUNTY has cloned the radio pursuant to the provisions of this Agreement. 3.14 De-activation of Radios by the CITY The CITY may request the COUNTY to de-activate a radio for reasons other than set forth in Sections 3.12 or 3.13 of this Agreement if the radio is no longer needed by the CITY and will be out of use for an extended period of time. During such period of de-activation, the CITY'S obligation to pay the fees pursuant to Sections 3.4 and 3.5 shall be suspended based on MESB and COUNTY policies and the provisions of Appendix A, as amended from time to time. The COUNTY reserves the right to charge the CITY a re-activation fee if the de-activated radio is brought back into service under the conditions set forth in Appendix A, as amended from time to time. 3.15 City Obligation to Provide No-Cost Lease for COUNTY Antenna Sites The CITY agrees to provide the COUNTY a lease for use of CITY property at no cost for the construction and operation of the County Subsystem, such use to include but not be limited to the installation of shelters to house County radio equipment and the installation of antenna on CITY water tanks, towers or buildings as approved by the CITY and determined to be suitable by the COUNTY. ARTICLE 4 DUTIES AND RESPONSIBILITIES OF THE COUNTY Page 8 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 4.1 Furnishing Radios to the CITY The CITY is responsible for the purchase of radios and radio software versions that the CITY will use on the County Subsystem. The CITY shall coordinate the purchase of radios in accordance with the policy and procedures established by the 800 MHz Policy Work Group. The COUNTY will inventory, inspect, test, and program all radios before they are used by the CITY on the County Subsystem. 4.2 Maintenance, Repair and Other Services The COUNTY will offer maintenance, repair or other services for CITY radios, as described in Appendix A. The CITY may elect to use the COUNTY offered services, or may obtain services from a vendor approved by the COUNTY. Services provided by the COUNTY on CITY radios will be at the rates in the current Fees Table. When the COUNTY provides services on CITY radios, the CITY may access a temporary replacement radio from the shared pool of loaner radios. 4.3 Special Eventl Emergency Radios and Repair Loaner Radios The County may acquire and maintain a fleet of radios which will be made available to the CITY and other County Subsystem Subscribers, generally on a first come first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. The CITY may check out a radio from this fleet to temporarily replace a radio taken out of service for maintenance or repair by the COUNTY. The risk of loss transfers to the CITY upon receipt of the checked out COUNTY loaner radio and the CITY shall be responsible for the loss of or damage to the COUNTY loaner radios, including the cost of repair, the cost of a replacement radio, and programming and other costs required to put the radio in the same operational condition it was in when temporarily assigned to the CITY. If there are more requests for these radios than can be accommodated, the COUNTY will prioritize allocations. These temporarily assigned radios will have a generic code plug using common COUNTY and regional interoperability talk groups. 4.4 Allocation of County Subsystem Resources The COUNTY will allocate to the CITY, on a fair and non-discriminatory basis, sufficient County Subsystem resources including, but not limited to, Talk Groups, Announcement Groups, Radio Unit ID's, and Alias ID's, to provide the CITY with an equivalent grade of service afforded to other comparable County Subsystem Subscribers. 4.5 Monitoring CITY Talk Groups The COUNTY may periodically monitor talk groups allocated to the CITY for the CITY'S internal use for County Subsystem management purposes, including, but not limited to, maintenance, troubleshooting, performance assessments, unusual traffic patterns (sudden jump in usage), and policy and procedure compliance checks. The COUNTY monitoring of the CITY'S talk groups may occur at any time, for any duration, may be without notice, and is subject to recording or other documentation by the COUNTY. Page 9 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 4.6 Radio Operator Training The COUNTY will provide the CITY with access to end user radio training, instructional materials, and training instructors as made available or provided to the COUNTY from the MESB, or its successor, or other sources for the deployment of radios included in the CITY'S initial purchase, at no cost to the CITY. However, the COUNTY will not reimbursement the CITY for its internal costs related to attendance of the CITY staff at such training. Once the initial training is provided, the CITY will be responsible for the cost of training new employees and for providing refresher training. The COUNTY will provide an annual "train the trainer" course for CITY trainers. The COUNTY and the CITY may agree to provide future training cooperatively. 4.7 Database Administration The COUNTY will manage and administer the County Subsystem database records containing the information related to inventory, configuration, programming history, software version control, radio IDs, service levels, and statistical usage analysis, for the CITY-owned radios used on the County Subsystem. 4.8 Radio Station Licenses The COUNTY shall hold and administer all FCC licenses for 800 MHz radio equipment that accesses the County Subsystem. The CITY shall operate, as authorized, mobile, portable and control station units under the COUNTY'S FCC 800 MHz radio station licenses. 4.9 County Subsystem Operation and Management The COUNTY will operate and manage the County Subsystem under the direction of a System Coordinator. The System Coordinator will be responsible for all aspects of the County Subsystem planning, operation, maintenance, and management. The System Coordinator will deal with the County Subsystem backbone including network connections, base radio stations, antennas, microwave and fiber optic systems, and will address subscriber unit related issues such as maintaining the Subsystem database and managing access to the County Subsystem by the CITY unit users. 4.10 No Subsystem Warranty Nothing herein shall constitute a representation or warranty by the COUNTY that the County Subsystem shall operate without error, however the COUNTY shall use reasonable efforts to correct any errors that impair the use or performance of the Subsystem. ARTICLE 5 TERM AND CANCELLATION 5.1 Term of Agreement This Agreement shall be effective on the date it is executed by both parties and will continue through December 31, 2012 ("Initial Term") unless terminated earlier as provided in Section Page 10 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 5.4. After the Initial Term, this Agreement will automatically be extended for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, at least one hundred twenty (120) days prior to the expiration of the then current term. 5.2 Cancellation of Agreement by the COUNTY Except as otherwise provided in Section 5.4, this Agreement may not be cancelled by the COUNTY during the Initial Term. Thereafter, this Agreement may be cancelled by the COUNTY for lack of funding to operate the County Subsystem, taking the County Subsystem out of service, and other material causes not attributable to the CITY, upon three hundred and sixty five (365) days written notice to the CITY, provided that any such cancellation by the COUNTY shall be pursuant to a resolution adopted by the Dakota County Board of Commissioners. 5.3 Cancellation of Agreement by the CITY This Agreement may not be cancelled by the CITY during the Initial Term. Thereafter, this Agreement may be cancelled by the CITY at any time with or without cause upon thirty (30) days' written notice to the COUNTY, provided that any such cancellation by the CITY shall be pursuant to a resolution adopted by the CITY Council. 5.4 Cancellation of Agreement for Default The failure of either party to perform any material term of this Agreement shall constitute a default. Default by the CITY shall include, but is not limited to, continued misuse of the County Subsystem, breach of County Subsystem data security, and failure to make payments in accordance with the provisions of this Agreement. If the CITY's default of this Agreement is for the failure to make timely payments to the COUNTY, the CITY may cure the default within Thirty (30) days of receiving notice of the default from the COUNTY. If the CITY's default of this Agreement is for misuse of the County Subsystem or breach of County Subsystem data security, the CITY may cure the default within Forty Eight (48) hours of receiving notice of the default from the COUNTY. If the CITY fails to correct the default within the applicable cure period, the COUNTY may immediately cancel this Agreement in its entirety. The COUNTY may cure a default of this Agreement within Thirty (30) days of receiving notice of the default from the CITY. If the COUNTY fails to correct the default within the cure period, the CITY may immediately cancel this Agreement in its entirety. Notwithstanding any provisions of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non-defaulting party by virtue of a default of this Agreement by the defaulting party. The above remedies shall be in addition to any other right or remedy available under law, statute, rule, andjor equity. Page 11 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 The failure to insist upon strict performance of any provisions or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 5.5 Action Upon Termination or Cancellation Upon expiration or cancellation of this Agreement, the CITY shall cease all use of the County Subsystem including using the County Subsystem with radios owned by the CITY. The CITY"S obligation to protect private data and prevent unauthorized access to the County Subsystem information and radio code plugs shall survive termination or cancellation of this Agreement. ARTICLE 6 MERGER and MODIFICATION 6.1 Entire Agreement It is understood and agreed to that the entire agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All Appendices referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 6.2 Amendments to Agreement Any alterations, variations, modifications, or waivers of provisions of this Agreement, except for revisions to Appendix A as provided for below, shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the authorized representatives of both parties. 6.3 Appendix A Revisions Appendix A, including the Fees Table, shall be updated by the COUNTY and provided to the CITY annually, and at other times as deemed necessary by the COUNTY, to reflect any changes to the County Subsystem Support Fees, the County Radio Repair and Maintenance Fees and the MESB Regional System Pass Through Fees. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture. Page 12 of15 Dakota County Subscriber Agreement - Farmington 07-03-2007 7.2 Liability Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The parties' liability is governed by the provisions of Minnesota Statutes Chapter 466 and any other applicable laws. 7.3 Data Privacy The CITY and the COUNTY, their officers, agents, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7.4 Records-Availability I Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the CITY agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents and records, etc., which are pertinent to the accounting practices and procedures of the CITY and involve transactions relating to this Agreement. The COUNTY Agrees that the CITY, State Auditor, or any other duly authorized representatives shall have similar access to and the right to examine, audit, excerpt and transcribe any books, documents and records which are pertinent to the accounting practices and procedures or the COUNTY and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the term of this Agreement and for six (6) years after its termination or cancellation. 7.5 Contract Administration To coordinate the obligations and responsibilities of the CITY and COUNTY under this Agreement, the following persons shall serve as liaisons between the COUNTY and the CITY. For the COUNTY For the CITY Name: BJ Battig, Risk Manager Phone: 651-438-4532 Name: Brian Lindquist, Police Chief Phone: 651-463-1701 7.6 Notices Any notice or demand which must be given or made by either Party under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY and to the CITY shall be sent to the addresses stated below: Page 13 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 To COUNTY: Dakota County Administrator Dakota County Administration Center 1590 Highway 55 Hastings, MN 55033 To CITY: City of Farmington 325 Oak Street Farmington, MN 55024 7.7 Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under this Agreement. Any litigation concerning the rights and obligations or the parties or performance of this Agreement will be venued in Dakota County District Court. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions shall remain in force. 7.8 Mediation The COUNTY and the CITY agree to submit all claims and disputes between them concerning their respective rights and obligations under this Agreement to the 800 MHz Policy Work Group. The 800 MHz Policy Work Group will consider the positions of the parties and will issue a recommended resolution of the claim or dispute. If the 800 MHz Policy Work Group cannot reach consensus on a recommended resolution, or if the COUNTY and the CITY do not agree to abide by the recommended resolution, either party may submit the claim or dispute to mediation. The mediation shall be conducted through a mutually agreed upon mediator. The parties shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement on this issue, mediation shall be non-binding. If the claim or dispute cannot be resolved through mediation, either party may exercise its legal or equitable remedies and may commence judicial action prior to the expiration of the applicable statute of limitations. 7.9 Force Majeure Neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or performing any obligations hereunder to the extent such failure, delay or breach results from any cause or event beyond the control of the party being released hereby C'Force Majeure''), including, without limitation, fire or other casualty, acts or threatened acts of terrorism, pestilence or epidemic, strike or labor dispute, war or other violence, acts or inaction of any governmental authority, or any other causes beyond the reasonable control of the party. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease. Page 14 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 7.10 Reserving County Board Authority Nothing in this Agreement shall preclude the Dakota County Board of Commissioners from exercising its full authorities in relation to this Agreement. WHEREFORE, this Agreement is duly executed on the dates indicated below. COUNTY OF DAKOTA By Date Approved as to Form Assistant County Attorney Date CITY OF FARMINGTON By: Kevan Soderberg, Mayor Date By: Peter J. Herlofsky, Administrator Date Dakota_ County-Su bscriber _AgreementJarmington_07032007 Page 15 of 15 Dakota County Subscriber Agreement - Farmington 07-03-2007 Appendix A Dakota County 800 MHz Radio and Subsystem Fees Introduction The construction of the 800 MHz radio network in Dakota County has been undertaken by Dakota County and the capital costs have been funded by a combination of resources including state homeland security grants, federal homeland security grants and the County tax levy. Planning for the implementation of the radio network has always contemplated that the operation and maintenance costs of the system will be spread among the users of the radio network based on the pro rata share of the costs. The owners of radios that require additional support by the County (Non- approved, encrypted or radio control stations) will bear the additional support costs unique to those radios. As resources allow, Dakota County will also make available other radio support services as outlined in Appendix A that each City may elect to purchase. County Subsystem Support Fees A) Certified and Approved Radios: The COUNTY will assess a County Subsystem Support Fee on each certified and county approved radio operated on the County Subsystem. The amount of the fee on each radio is the pro rata share of the annual cost of operating and maintaining the County Subsystem spread over all approved radios on the Subsystem. County Subsystem Support Fees for certified and approved radios apply only to approved radios purchased in consultation with Dakota County's 800 MHz project staff and listed in Appendix A. The amount of the fee is set by the COUNTY and is contained in the attached Fees Table in this Appendix A, which the COUNTY may amend on as needed. Support Fees also include: . Initial code plug development and not more than two (2) code plug revisions during the first full year after conversion to 800 MHz operation and one code plug each year thereafter. . Software updates during the warranty period . Database and configuration support . Liaison with MESB/ ARMER on behalf of the user agency. . User training (initial and annual train-the-trainer sessions) . Help desk/consultation assistance B) Certified and Non-Approved Radios: County Subsystem Support Fees for non-approved radios apply to radios or radios with encryption purchased in consultation with Dakota County's 800 MHz project staff. This fee is in addition to the fee for certified and approved radios. The amount of the fee is set by the COUNTY and is contained in the attached Fees Table in this Appendix A, which the COUNTY may amend as needed. Certified Radio Control Stations: County Subsystem Support Fees apply to 800 MHz radio control stations. This fee is in addition to the fee for certified and approved radios. The amount of the fee is set by the COUNTY and is contained in the attached Fees Table in this Appendix A, which the COUNTY may amend as needed. Repair, Maintenance and Other Fees: The County will provide repair, maintenance and other services for approved mobile, portable and radio control stations that each City may elect to purchase. The amount of the fee is set by the COUNTY and is contained in the attached Fees Table in this Appendix A, which the COUNTY may amend as needed. County Subsystem Support Fees Table (for each CITY radio) County Subsystem MESB Regional System Support Fees* Pass Through (Annually) Fees*(Annually) Certified and Approved $352.88 $26.17 Radios Certified and Non-Approved $TBD $26.17 radios or radios with encryption Certified Radio control $TBD $26.17 stations Support fees for non-approved, encrypted and radio control stations will be established at the end of the first full year of operation of the Dakota County Subsystem * Fees will be billed as described under section 3.7 of the Subscriber Agreement. County Approved Radios ~ Motorola Models 1500,2500,5000 County Repair, Maintenance and Other Fees Table I Fee Per Event Repair and maintenance services include: . Initial troubleshooting of radio equipment $TBD . Shipping, tracking and receipt of radios requiring factory repairs Radio Repair and Maintenance Fees will be established at the end of the first full year of operation of the Dakota County Subsystem. Installation and removal of mobile radios is not included in repair and maintenance services. It is assumed that all radios will be picked up/dropped offby the CITY at the 10cation designated by the COUNTY for radio support. (Example - Empire) The COUNTY and CITY anticipate that the CITY will receive a one (1) year factory warranty on 800 MHz subscriber radios. The CITY is encouraged to purchase two (2) additional years of warranty service from the manufacturer of radios. The COUNTY may assess a CITY a radio re-activation fee as provided in Section 3.14 of this Subscriber Agreement if the CITY both deactivates and then reactivates that radio within a three month period. 7, u City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilrnernbers, City Adnrinistra~ FROM: Jennifer Collova, Natural Resource Specialist ~ SUBJECT: Nondegradation Stormwater PIan Phase 2 DATE: September 4,2007 INTRODUCTION Phase 1 of the City's National Pollutant Discharge Elimination System (NPDES) Nondegradation Assessment was brought before Council February 5, 2007. Phase 1 is now complete and came out under budget by approximately $7,000. Phase 2, a city wide 10ading assessment, is the next step for the City in completing nondegredation requirements set forth by the Minnesota Pollution Control Agency (MPCA). DISCUSSION Minnesota nondegradation rules (MN Rules Ch. 7050.0185, adopted in 1987) specify conditions for discharges to surface waters that have occurred since 1988. They support state policy to protect Minnesota waters from significant degradation and to maintain uses, habitats, and water quality in these waters. These state policies were put in place in order to comply with the "anti degradation" part of the federal Clean Water Act passed in 1972. Since 2003, most municipalities with a population between 10,000 and 100,000 have been required to secure from the MPCA a permit for discharge of stormwater from their municipal storm drainage system to waters of the state under the NPDES program. These City systems are known as municipal separate storm sewer systems or MS4's. In an effort to comply with the Minnesota nondegradation rules, the MPCA revised the NPDES permit program in 2006. The revisions require 30 municipalities across the state, whose stormwater discharges are permitted through the MS4 program, to complete additional work that will enable the state agency to determine if nondegradation rules were being met. MPCA selected these 30 MS4s based on their assessment of those communities most likely to have expanded stormwater discharges to surface waters. Farmington is one of the 30 MS4s to which this requirement applies. The work required includes conducting a pollutant 10ading assessment, writing a nondegradation plan, and modifying the City's Storm Water Pollution Prevention Program (SWPPP) to include both the assessment and the plan. Farmington must complete the nondegradation requirements and submit its revised SWPPP to MPCA no later than January 1, 2008. Completion of the nondegradation requirements are phased as follows: Phase 1 - Preliminary Work and Pilot Loading Assessment - Completed Phase 2 - City-Wide Loading Assessment Phase 3 - Nondegradation Report and MPCA Submittals Please see the attached Scope of Services for additional and more specific information BUDGET IMPACT The work to provide the services for Phase 2 would be billed on a time and materials basis with a not-to-exceed figure of$33,792 plus $3,250 in reimburseable costs. ACTION REQUESTED Approve, by motion, the attached Scope of Services for Phase 2 of the City's Nondegradation Plan. Respectfully submitted, ;t&~. Jennifer Collova Natural Resource Specialist cc: file 2335 Highway 36 W S1. Paul, MI~ 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com ~~ Bonestroo August 27, 2007 Ms. Jen Collova Natural Resource Specialist City of Farmington 325 Oak Street Farmington, MN 55024-1374 Re: Scope of Work and budget to complete NPDES Nondegradation Loading Assessment and Plan - Phase 2 Farmington Dear Jen: As per our Phase 1 scope of work for the Farmington nondegradation project dated January 29, 2007 and approved by the Farmington City Council on February 5, 2007 here is a scope of work and cost estimate for the second phase of this three phase project. I. Scope of Services for Phase 2-Loading Assessment The following tasks will be carried out as part of this phase: 1.1 Modeling data preparation. Sub-tasks falling under this task include: b. Preparation of an electronic spreadsheet showina information on surface area, wet volume. and other pertinent information for detention basins to be included in the baseline and present condition modelina. We estimate that surface area and wet volume for up to 250 ponds will need to be developed for incorporation into the model. Bonestroo staff will locate and gather available grading plans and CAD information. Bonestroo staff will also generate a spreadsheet that will be included as an appendix in the final report showing the label of the pond, and the area and wet volume of the pond at normal water level. For ponds that have been retrofitted, pre- and post-retrofit data for the above categories will be provided. We will also identify and characterize as necessary any other structural BMPs that will have a significant influence on loading of any of the three nondegradation parameters (total phosphorus, total suspended solids, and runoff volume) so that they can be accounted for in the model. Utilize existina field bathymetry data, National Wetlands Inventory data. and air photos to estimate the surface area and volume of approximately 30 natural basins incorporated into the City's storm drainage system. Bonestroo staff will compile this information, s1. Paul S1. Cloud Rochester Milwaukee Chicago a. :I Engineers , ~~ ~" Planners Farmington NPDES Nondegradation Loading Assessment and Plan - Phase 2 Page 2 August 27, 2007 c. Prepare electronic single laver, continuous coveraqe for the entire proiect area showinq land use/land cover for each of the three time periods. Bonestroo staff will use land use data already available in GIS format for the 2020 condition. Bonestroo staff will modify this land use GIS map based on air photos and parcel data to generate single layer coverages to represent land use for the baseline (1990) and present (2005) condition. Bonestroo staff will group the planning-oriented land use categories into appropriate categories for the nondeg water quality modeling purposes. d. Define and adiust map data to properlv reflect Riqht-Of-Way (ROW) information for modeling. This includes keeping major ROW as a discrete land use and dissolving all minor ROW into the adjacent land use across the entire project area. Bonestroo staff would make these adjustments. 1.2 Complete loading assessment modeling. This will involve developing a PondNet model for the nondeg project area, then entering the critical input data and running the model to generate loading results for all three time periods for up to 8 estimation points in the system. The result will be a City-wide model adequate to assess the change in loading associated with discharges from the City's municipal stormwater drainage system for Farmington's nondeg project area for average annual runoff volume, total suspended solids, and total phosphorus. The modeling will address the estimated loading changes associated with land use changes within fixed watershed boundaries between the baseline condition (1988-1990) and the present (2000-2005) and land use changes between the baseline and ultimate development (2020). The loading assessment will take into account the structural and selected non-structural BMPs implemented by the City, where those BMPs demonstrate significant treatment potential to offset loading increases for any of the three parameters at the load estimation points due to land use changes. The baseline and present conditions models will be based on stormwater mitigation actually in place for those time periods. The 2020 condition will reflect conditions assuming the performance standards in effect in 2005 are applied to any areas developed between the present and 2020 conditions. As per discussions with City staff and consistent with MnPCA guidance for the nondeg loading assessment, receiving water response modeling will not be conducted. Based on conversations with MnDNR and our understanding of the requirements of Appendix C of the current General Permit, conducting a loading assessment for the Vermillion River trout stream segments is not required as part of this project and is therefore not included in the scope of work and budget for Phase 2. 1.3 Meetings. Meet with City staff to discuss information exchange and coordination, intermediate and final modeling results and findings, and strategies on how best to present the results to meet agency requirements and protect the City's interests. A total of three meetings in Farmington are assumed for this budget item, along with preparation and follow-up. 1.4 Project Management. Provide project management services including preparation of monthly invoices, providing direction for both project and City staff to make sure all are in agreement with the overall strategy and their responsibilities, and limited contact with state agencies and others to develop Farmington-specific guidance as necessary. It will also include development of a scope of work and budget for Phase 3 of the project. Farmington NPDES Nondegradation Loading Assessment and Plan - Phase 2 Page 3 August 27, 2007 1.5 Prepare Loading Assessment Report. A summary report on the loading assessment will be prepared that will: . Present an overview of the data required and used for the load assessment. . Provide documentation regarding the modeling approach, methods and assumptions. . Discuss the modeling results, focusing on the load differences at the load quantification points for each of the parameters and time periods. Our cost estimate is based on providing loading assessment information for up to 8 load estimation points, including the inflow loads to the major reaches of the Vermillion River system and areas where the City's stormwater drainage system discharges to other municipalities. As part of a discussion of results, we will also summarize any monitoring information (such as water level monitoring information in groundwater ponds that have been constructed to help mitigate stormwater impacts on the River) that provide credible information on which to base conclusions regarding changes in runoff volume at key load estimation points. . Provide up to four (4) supporting appendices documenting land use categories used, pond data, PondNet model output for the three conditions, and additional BMPs considered. . Provide up to five (5) supporting figures/maps, including maps which identify the baseline (1988-1990), present (2000-2005), and ultimate (2020) land use conditions, major watershed boundaries, and the load estimation points. Five copies of the draft report will be prepared and submitted to the City for review and comment. Within two weeks of submittal of the review draft, City will return draft with their comments and consultant will prepare final report. For the purposes of budget estimation, we anticipate the final report to be not more than 50 pages, excluding appendices, and have allowed up to 10 hours to incorporate comments from City staff. The budget is based on providing 5 hard copies of a draft report and 10 hard copies of the final report to the City, along with electronic versions of the final report and the loading assessment model. IV. Schedule and Compensation Phase 2 will be completed within 9 weeks of the authorization to proceed by the City. The work to cover the Phase 2 services described above will be billed on a time and materials basis with a not-to-exceed figure of $33,792, plus $3,250 in reimbursable costs for printing of the draft and final reports and mileage. The budget break-down by task is as follows: Task 1.1 - Modeling Data Preparation Task 1.2 - Modeling Task 1.3 - Meetings Task 1.4 - Project Management Task 1.5 - Report Preparation TOTAL (excluding reimburseables) $12,926 $8,100 $3,428 $1,952 $7.386 $33,792 Developing a Scope of Work and budget for Phase 3 - Preparation of the Nondegradation Plan and Associated Submittals will be undertaken near the end of Phase 2, when the results of the loading assessment are known and can be used to define the level of effort required to assemble the nondeg plan. Farmington NPDES Nondegradation Loading Assessment and Plan - Phase 2 Page 4 August 27, 2007 If you have any questions, please feel free to call me at 651-604-4783. Sincerely, BONESTROO 4j~~ Rich Brasch Project Manager cc. Lee Mann Emily Resseger Corey Markfort 7/' City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilrnembers, City Administrator (il FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Easement Acquisition-Wausau Pond Expansion DATE: September 4,2007 INTRODUCTION/DISCUSSION As part of the Main Street Project, Phase 2, the City's pond PW-Pl.I4, as designated in the City's Surface Water Management Plan (SWMP), more commonly known as the Wausau Pond, was expanded. The pond was expanded onto property formerly owned by Dakota Storage LLC. The City received the property necessary to expand the pond through its powers of eminent domain in August of 2004. Negotiations have continued since that time, and at this time, the owner has agreed to a settlement offer. Tom Scott from the City Attorney's office recommends that the City accept this settlement. BUDGET IMPACT The total amount of the settlement offer is $43,000. The City has already deposited $27,500 (funded by the Storm Water Fund) with the District Court as part of the condemnation process. Therefore, the additional budget impact would be $15,500. The additional $15,500 will be funded by the Storm Water Fund. ACTION REQUESTED Approve by motion, the settlement offer for the above-mentioned easement. Respectfully submitted, ~Yh~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file L,c"',( Su:it,~ j~7 ~.452~,5C':C !'a:'. 1-452.-5:;::;',:' CAMPBELL KNUTSON ." !"', ~ II i i';:::; '" IIIJ Ii::,'-> ,7::/"-::>.... 6::; Ie;' ,->. /1' ,;_'"', '" '! ':r ':"~ -4 (j r; (!!/ <.;;) /~I 2? ^ ~/jJ;? <ut; //: ,I;' " /' ,~I ()? August 24, 2007 Mr. Lee Mann City of Farmington 325 Oak Street Fannington, Minnesota 55024 Re: City of Farmington vs. Dakota Storage, LLC, et al. (Wausau Pond Expansion) Dear Lee: Enclosed please find a copy of the Stipulation of Settlement and Order which has been signed by the attorney for Dakota Storage, LLC. The settlement involves a total payment of $43,000.00 by the City to Dakota Storage for the additional easement that was needed for this pond expansion. We recommend approval of the settlement. The City initially acquired the easement through the quick take condemnation process in August of 2004 and deposited with the Court the sum of $27,500.00 which was the City's appraised value for the easement. The property owner subsequently obtained an appraisal in the amount of$58,500.00. After a number of counteroffers back and forth, we were able to reach this tentative agreement involving an additional payment of $15,500.00, resulting in a total settlement of$43,000.00. We believe this is a reasonable settlement which we recommend the City accept to resolve this matter. Upon approval of this settlement, the check for the additional amount of $] 5,500.00 should be made payable to Dakota Storage, LLC and forwarded to our office. The check will not be released to Dakota Storage until we are provided with written documentation from the mortgage company and the tenants consenting to payment of the proceeds to Dakota Storage. Please call if you have any questions. Best regards, TMS:cjh Enclosure Campbell Knutson Prq ss; wi ASSO::~;O~ 4- Thomas M. Scott /!. City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor and Councilmembers Peter J. Herlofsky, ~ City Administrato(y TO: SUBJECT: Authorize Advertisement for Bids - Riste Building DATE: September 4, 2007 DISCUSSION The City received a grant from Dakota County for redevelopment ofthe downtown area. The Riste building is the item designated for removal. The EDA is in agreement. BUDGET IMPACT Cost of the demolition will be covered by the Dakota County grant in the amount of $66,804.70 and CDBG funding of$68,363.47. ACTION REQUESTED Authorize advertisement for bids for the Riste building demolition. Re? ~Yd::SUbmitted'~, '. i ,---,-.. 1 ~ . . ~ . //.- Peter J. Herlofsky, Jr/ i . City Administrator V CMuller/Herlofsky/Council Memos/Riste SECTION 00 1113 ADVERTISEMENT FOR BIDS RISTE BUILDING DEMOLITION 209 Oak Street Farmington, Minnesota City of Fannington EDA will receive single prime sealed bids for Riste Building Demolition until 2:00 local time on Septermber 27,2007 at the City Hall, 325 Oak Street, Fannington, Minnesota, 55024, at which time and place all bids will be publicly opened and read aloud. Bidding documents, including the Proposal Form, Drawings and Specifications, will be on file at the Offices of the Architect, Wold Architects and Engineers, 305 S1. Peter Street, S1. Paul, Minnesota 55102. (651) 227-7773; at the Minneapolis Builders Exchange; Builders Exchange at S1. Paul; McGraw Hill Construction/Dodge Plan Center; Reed Construction; iSqFt Plan Room (Brooklyn Center); and from PlanWell at www.ersdigital.com. Albert Lea Builders Exchange; Austin Builders Exchange; Mankato Builders Exchange; Builders Exchange of Rochester; S1. Cloud Builders Exchange; LaCrosse Builders Exchange. This project includes: Removal ofRiste Building (Approximately 6,500 S.F.) Engineering Repro Systems, 2007 E. 24th Street, Minneapolis, MN 55404 (612) 722-2303, facsimile (612) 722-3745, will provide complete sets of the Bidding Documents to prospective bidders and subcontractors. The copies will be available about August 28,2007. Both a deposit check in the amount of $30 and a non-refundable check in the amount of $70 made out to "City of Fannington" for each set ordered are required or Bidding Documents may be ordered via the internet at www.ersdigital.com and clicking on the Plan W ell icon, then the Public Plan Room icon, select Riste Building Demolition. The following information must accompany the deposit: Company name, mailing address, street address, phone and facsimile numbers and type of bidder (i.e. General, Mechanical or Electrical Subcontractor to General, or other). A refund of $30 will be sent to prime contractors who submit a bid to the Owner and subcontractors for each set (including addenda) returned to Engineering Repro Systems Imaging in good condition within ten (10) calendar days of the award date, subject to the conditions of AlA Document A701. Refunds will not be given if the plans are returned to the Architect's Office. Make proposals on the bid forms supplied in the Project Manual. No oral, telegraphic or telephonic proposals or modifications will be considered. Submit with each bid, a certified check or acceptable bidder's bond payable to City of Farmington in an amount equal to five percent (5%) of the total bid. The successful bidder will be required to furnish satisfactory Labor and Material Payment Bond, and Performance Bond. Bids may not be withdrawn within thirty (30) days after the scheduled time of opening bids, without the consent of the Owner. The Owner reserves the right to accept any bid or to reject any or all bids, or parts of such bids, and waive informalities or irregularities in bidding. The Owner requires Substantial Completion of the project on or before November 16, 2007. City Council CITY OF FARMINGTON No. 072091 001113-1 Advertisement For Bids City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky Ci ty Administrator SUBJECT: Supplemental Agenda DATE: September 4,2007 It is requested the September 4, 2007 agenda be amended as follows: CONSENT AGENDA 7n) Personnel Issue - Human Resources Staff is recommending termination of a firefighter. Respe.'.-ClfUllYSU!j. .m.. itt1: .., /. L/........ ". /. '~;1 i / /' / " ) ~.J ~~//...~/t;./' / ~ / " .../' {l/ I J/ - { ( Peter J. Herlofsky, .ir. . City Administrat9t City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 717 FROM: Mayor and councilmemb~ Peter Herlofsky, Jr. City Administrator TO: SUBJECT: Approve Termination - Fire Department DATE: September 4, 2007 INTRODUCTION AND DISCUSSION Mr. Francis Blaha has no longer been able to meet the requirements of the position of fire fighter. After a review of all relevant information by Fire Chief Pietsch, Human Resources Director Wendlandt and me, it has been determined that staff forward a recommendation to terminate Mr. Blaha from his employment as a paid on-call fire fighter with the City. Information was sent to Mr. Blaha via certified mail regarding the City's intention to place the recommendation for his termination on the August 20, 2007 City Council agenda. The recommendation was pulled in order to give Mr. Blaha an opportunity to meet with the Mayor, Human Resources Director and me. That meeting was held on Monday, August 2ih at 9:00 a.m. and at its conclusion, Mr. Blaha was informed that the recommendation for his termination would be placed on the September 4, 2007 Council Agenda for approval. ACTION REQUESTED Approve the termination ofMr. Blaha's employment effective immediately. Respectfully Submitted,,.'? I ..--< / j (1,' ,. .Ii 'Li'-' / " /'- Peter Herlofsky, Jr. / " City Administrator // 7 cc: Personnel file loa.. City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, and City Administrat@ Robin Roland, Finance Director TO: SUBJECT: TIF District Update DATE: September 4, 2007 INTRODUCTION A request was made of the EDA on August 27,2007 to approve payment of TIP reimbursements on the City Center project for the period 1997 through 2007. DISCUSSION Attached with this memo is the proposal which was submitted to the City Administrator and EDA. It outlines the amount of payment and the justification behind that payment. The EDA members questioned why this had taken so 10ng to be paid out - why it had not been handled annually as first outlined in the TIP agreement. Several factors contributed to this situation including staff changes (Jerry Hendricks to Dave 01son to Kevin Carroll), TIP receipts in amounts which did not cover required debt service and developer inattention to his responsibilities and those of the City. There was also some confusion as to the original methodology used to determine the payment and confusion about which subsequent additional improvements to the project would qualify for additional reimbursement. The EDA did approve the payment and it will be conveyed to the developer. ACTION REQUESTED For Council's information. Respectfully submitted, /61-4/-./ i Robin Roland Finance Director City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Peter Herlofsky, City Administrator FROM: Robin Roland, Finance Director SUBJECT: City Center TIP District developer payments DATE: August 22, 2007 DISCUSSION Mr. Tom Wartman (developer of the City Center project) has requested that the EDA (City) fulfill the TIP reimbursement outlined in section 6.3 of the original "Contract for Private Sale" agreement he took over from George Daniels and Elm Park Limited in 1997. Mr. Wartman believes that he should have been receiving $5,203.26 annually as stated: In the event Developer shall construct additional improvements on the project property in excess of the minimum improvements described herein as additional commercial building or buildings on the Project Property, developer shall be entitled to fifty percent of the additional real estate tax increment generated thereby for the remainder of the term of this agreement (20 years maximum). Said payments shall be derived only from the additional taxes received from the additional improvements to the project property and shall be payable from tax increment received by the HRA from the County within forty- five (45) days of the receipt thereofby the HRA. The $5,203.26 was determined by Jerry Hendricks in January of 1997 based on increased square footage (over the 39,574 sq. ft. minimum improvements) and taxes per square foot. (See exhibit A) The $5,203.26 was paid to Mr. Daniels in 1996 prior to the sale of the property to Mr. Wartman. Mr. Wartman believed he should have received this amount each year from 1997 through 2006 (or $52,032.60 total for all 10 years). However, there was also an agreement with this project which identified a minimum amount of taxes which were to be paid on the properties in the TIP district. If the minimum threshold of $94,978 were not met, the developer was to pay the City the difference between taxes paid and that amount. In 1998 and 2000, the City received payments from the developer to make up the difference. In 2002 however, the City should have collected $8,721.94 under this agreement and did not. Consequently, I would propose that a payment be made to Mr. Wartman, in his capacity as developer of the City Center project in the amount of $46,555.07 ($52,032.60 - $8,721.94 pIus interest at the average rate of 3 % for the last 10 years). Payment of $5,203.26 for 2007 would be made at the same time but without interest applied to that portion. The funds would come from the TIF project fund for the City Center district. I would also note that this reimbursement is only for the improvements made to the property prior to 1999. Obviously, significant improvement in this TIP district occurred with construction of the Pelicci Hardware Building and the multi-tenant building which houses the Farmington Liquor Store. However, State Statute limits TIP reimbursement for costs incurred to those costs incurred up to five years after the TIP certification date, in this case August 16, 1994. The Statute takes precedence over the TIF agreement. ACTION REQUIRED Approve payment to City Center LLC (Tom Wartman) of $51,758.33 ($46,555.07 pIus $5,203.26) to bring the City Center TIF district reimbursement current to 2007 under the original agreement. ~di;~ , Robin Roland Finance Director To: Robin Roland City Finance Director From: Gerald A. Henricks HRA Executive Director Subject: City Center TIF Payment Date: January 31,1997 Attached for review are copies of sections of the City Center Contract for Private Sale Agreement. The Second Addendum to the Agreement, Section 6.3, Contingent Tax Increment To Be Received By Developer In the Event of Additional Improvements, requires that the HRA provide 50% of the additional real estate tax increment generated over and above the Minimum Improvements identified in the Amended and Restated Contract For Private Sale Agreement, Section 1.1, Definition. These payments were to start in 1996, however, no disbursement of increments were provided to the Developers in 1996 from tax increments. The following is the breakdown for disbursement for tax increments for the City Center project: Minimum Improvements Actual improvements to the site, 1. More 4 Grocery Store 31,082 s.f. 2. Mr. Movies 3,224 s.f. 3. Pellicci Hardware 5,400 s.f. 4. Chiropractors 1,200 s.f. 5. Travel Connection 1,200 s.f. 6. Great Clips 1,200 s.f. 7. Island Tan 1.200 s.f. Total actual improvements Square feet in excess of Minimum Improvements 39,574 square feet(s.f.) 44.506 square feet(s.f.) 4,932 square feet Taxes generated on the site are as follows for 1996, 1996 taxes $93,905.52 taxes per square foot $93,905.52 divided by 44,506 square feet = $2.11/s.f. taxes per square foot $2.11 divided by 2 = $1.055 per square foot additional improvements 4,932 X $1.055 = $5,203.26 The City Center Developers should receive annually for 20 years, if no further improvements are added to the project, TIF disbursement of $5,203.26. Would you please provide a check to the City Center Developers a check in the amount of $5,203.26 for the 1996 TIF disbursement. Mailing address: % George Daniels Elm Park Limited, Inc. 8100 Wayzata Blvd. Wayzata, Mn. 55426 If there are any questions, pI ease feel free to contact me. .~ T/ !J4UdlaJ Gerald A. Henricks HRA Executive Director lOb City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, COlUlcilmembers, City Administrator@ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Inflow/Infiltration Reduction Program DATE: September 4,2007 INTRODUCTION/DISCUSSION In 2005, The Metropolitan Council adopted an Inflow/Infiltration (III) Surcharge Program to reduce the impact of III on wastewater capacity and to insure that sufficient capacity would be available for future development. The surcharge program would provide the Metropolitan Council with contingency funding to build additional capacity if necessary, or more importantly, provide an incentive and a mechanism for communities to fund the cost of mitigating their excess peak III. Communities would be able to either avoid paying surcharges or receive a rebate of their paid surcharges by eliminating their excess peak III through a combination of programs and system improvements. Ultimately, the intent of this program was to eliminate communities' excess peak III over the course of a five-year period from 2007 through 2011. Starting in 2013, the Metropolitan Council will institute a wastewater demand charge program for those communities that have not met their inflow and infiltration goals(s). The demand charge will help defray the cost of providing attenuation within the Metropolitan Disposal System (MDS) to avoid overloading downstream facilities. No credits or rebates to communities will be allowed with this program; however, Metropolitan Council Environmental Services (MCES) will continue to review the communities' progress and will work with them on a case- by-case basis. In 2006, MCES determined the Inflow/Infiltration Total Cost (IITC) for the City of Farmington to be $280,000, which, when divided by the five year program, gives an annual surcharge of $56,000. In response, staff is proposing an Infiltration/Inflow Reduction Program and PIan that contains several components that would be used over the next five years to reduce Farmington's excess peak III levels and satisfy the MCES requirements. In September of last year, a list of eligible expenditures that had been incurred in 2006 was submitted to MCES for review. This submittal exempted the City from paying a portion of the surcharge in 2007. Submittal and follow through of the attached program, if approved by MCES, will exempt the City from ever being charged the surcharge. Inflow/Infiltration Reduction Program September 4,2007 Page 2 Below is a timeline of upcoming significant dates and deadlines regarding the Inflow/Infiltration Surcharge Program; September 15t\ 2007 Adjustments to 2007 Credit Application and initial submittal of 2008 Credit Application to MCES November 15th, 2007 MCES Response to 2007 Credit Application adjustments and 2008 Credit Application submittal November 30t\ 2007 Opportunity to contest MCES responses December 15th, 2007 Wastewater service bills mailed for January 2008 including surcharges March 31 S\ 2008 Actual 2007 expenditures must be submitted to MCES July 15t\ 2008 MCES notification of official 2009 surcharge September 15th, 2008 Adjustments to 2008 Credit Application and initial submittal of 2009 Credit Application to MCES BUDGET IMPACT The anticipated expenditures for 2007 are $45,040 which, when combined with our expenditures of $77,991.52 from 2006 will exceed $56,000 and exclude the City from being charged the annual assessment for 2007. Future anticipated expenditures should exclude the City from being charged the surcharge at all. ACTION REQUESTED Approve, by motion, the attached Infiltration/Inflow Reduction Program to be submitted on behalf of the City of Farmington to Metropolitan Council. Respectfully submitted, ~~~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Infilttationllnflow Reduction Plan City of Farmington, MN August 2007 The City of Farmington Sanitary Sewer Infiltration/Inflow Reduction Plan consists of six components. The six components are: 1. Monitoring wastewater flow in the City system. The City will continue replacing existing flow meters in the sanitary sewer system at key locations, including replacement of non-functioning flow meters with a modern monitoring system that reduces ongoing maintenance requirements and data recovery. The flow monitoring systems will allow the City to compare City flow data with MCES flow data, and to track flow in areas suspected as having potential for Infiltration/inflow. Monitoring flow data will assist the City in finding problem locations and targeting them for repair. 2. A sump pump cross connection inspection and removal program. A major portion of this program will include public education. The sump-pump cross connection and removal plan will consist of a phased structure by structure inspection and verification program. Information regarding the sump pump inspection program, including the City Ordinance requiring the program, sample notice letters, sample details, and a map showing the phasing of the inspections is attached. 3. A program to investigate known or suspected areas of foundation drains, leaking cleanouts, and leaking services. This process will include televising sewer mains and some services in targeted areas where sources of infiltration/inflow are suspected. If necessary, secondary investigation techniques such as smoke testing or dye testing may be necessary as part of this component. 4. A manhole inspection and repair program. This component of the Plan consists of inspection of every sanitary sewer manhole in the City, identification of leaks and other problems, and completion of repairs. Manhole lids with holes in them will continue to be replaced with solid covers. Approximately 425 manholes will be inspected each year for four years to complete all manhole inspections. 5. An ongoing sewer cleaning, televising, and repair program. The City Public Works staff will continue to annually clean and televise sewers. As part of this process, sewers that are identified as needing repair will be addressed through spot repairs or as part of a future CIP, depending on the extent of the repairs needed. 6. Stringent requirements for new sanitary sewer and home construction. The final component of the City's 1/1 Reduction plan will be to eliminate 1/1 from new construction, through enforcement of current City ordinances. New sewer construction will continue to be pressure tested and televised before it is accepted by the City. In addition, new home construction is required to provide hard plumbing of sump pumps to the outside of the home. Cost Estimate for Infiltration/Inflow Reduction Plan Plan Year 1 2 3 4 5 Year 2006/2007 2008 2009 2010 2011 Amount Reauired $56,000.00 $56,000.00 $56,000.00 $56,000.00 $56,000.00 Amount Spent $123,031.52 $65,500.00 $65,500.00 $64,500.00 $24,000.00 $342,531.52 Total Expenditures - $280,000.00 Total MCES Assessment $62,531.52 2006 (actual) $47,704.60 Sewer flow meter system (Purchase, installation, training) $17,757.36 Sewer flow meter system Engineering $2,892.00 Preparation of Draft I & I Reduction Plan (Engineering) $7,267.56 Manhole Lid Replacement Program - lid purchases $2,370.00 Manhole Lid Replacement Program - lid inventory $77 ,991.52 2006 Expenditures 2007 (projected) $21,540.00 Sewer Televising (60,000 LF * $0.359/LF) $10,000.00 Sewer Flow Meter System at Riverbend - estimate $8,500.00 Manhole Inspection (425 MHs * $20) $5,000.00 I & I Reduction Final Program Preparation - estimate $45,040.00 2007 Expenditures + $77,991.52 2006 Expenditures $123,031.52 2006/2007 Expenditures $56,000.00 2007 Program Requirement $67,031.52 2007 Credit Carryover 2008 (projected) $24,000.00 Sewer Televising (60,000 LF * $0.40/LF) $32,000.00 Sump Pump Inspection Program (800 homes * $40/home) $8,500.00 Manhole Inspection (425 MHs * $20) $1,000.00 I & I Reduction Program Update - estimate $65,500.00 2008 Expenditures + $67,031.52 2007 Credit Carryover $56,000.00 2008 Program Requirement $76,531.52 2008 Credit Carryover 2009 (projected) $24,000.00 Sewer Televising (60,000 LF * $0.40/LF) $32,000.00 Sump Pump Inspection Program (800 homes * $40/home) $8,500.00 Manhole Inspection (425 MHs * $20) $1,000.00 I & I Reduction Program Update - estimate $65,500.00 2009 Expenditures + $76,531.52 2008 Credit Carryover $56,000.00 2009 Program Requirement $86,031.52 2009 Credit Carryover 2010 (proiected) $24,000.00 Sewer Televising (60,000 LF * $0.40/LF) $32,000.00 Sump Pump Inspection Program (800 homes * $40/home) $8,500.00 Manhole Inspection (425 MHs * $20) $64,500.00 2010 Expenditures + $86,031.52 2009 Credit Carryover $56,000.00 2010 Program Requirement $94,531.52 2010 Credit Carryover/ Excess of $280,000 Assessment 2011 (projected) $24,000.00 Sewer Televising (60,000 LF * $0.40/LF) $24,000.00 2010 Expenditures + $94,531.52 2010 Credit Carryover $56,000.00 2011 Program Requirement $62,531.52 2011 Credit Carryover/ Excess of $280,000 Assessment CITY Of' LAKEVlLLE CITY Of' f ARMINGTON \ I 1/ ED SUMP PUMP INSPECTION SCHEDULE 2008 ~ ~ ~ JI- \ ~~ i8 ~~_t ~ If~p ~~ !!~ ~J ~ -"I ""' ~ ~ ~" ~; 1~~~;~ ~ i~v. O~ ~ 5'" '..~~ la, r~~ E8l~ ;~\ ,I ~\ · il ~ " ~t.::,- x J~,_ () ,~ "'~m~1 n ~~ "~ h h Jl:i'T<E~ / ~j '~1WI ~ ~ffiPl[:J -' ~DD '-J~r> 1:C:3111 v i Il::llImDI!:iIIO 0" r:::; ao all'J ~~ lB. If ~ ) I hn n ~ 50 L CASTLE ROCK TOVt'NSHIP IT I- ~ 1 r- E .~. i!j~ ~ III LJW L--- I - ? =:J ~ .. ~ ~ it=" t - .. ~~ ~ ~ J:::;; o ~ ~ CITY Of' fARMI~knON EUREKA lOVt'N5 IP I I 220TH SlIlEF leT 111 I 0 tr-r--1 I I IT / - Ef ~I ~ 2009 .. ~ If ~~ [5'" "':;J Gl", <( u I "- 2010 I o 1000 2000 ...........- Scale in feet FIGURE 1 Sump Pump Inspections City of Farmington ..- Bonestroo \ I tionPhaslnll.dwll K: \141\14105263\Cad\Owll Sump nspec /06 City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, City Administrator () Jennifer Collova, Natural Resource Specialis~ TO: SUBJECT: Vermillion River Watershed Joint Powers Organization Capital Improvement Project Update DATE: September 4, 2007 INTRODUCTIONmISCUSSION At their August 23rd meeting, the Vermillion River Watershed Joint Powers Board (VRWJPB) awarded cost sharing funds to the City of Farmington for the North Creek Rehabilitation Project. The VRWJPB recommended funding for this 2008 project in the amount of $100,000 (roughly 20%) of the estimated project costs. This project will rehabilitate and remeander a section of North Creek to improve aquatic habitat and ecological function. This project is currently proposed to be accomplished as part of the extension of 195th Street to Trunk Highway 3. BUDGET IMPACT This action of the VRWJPB once approved by the County Board, will reduce the project cost of the North Creek Rehabilitation Project by $100,000. ACTION REQUESTED For Council's Information Respectfully submitted, U~ Jennifer Collova Natural Resource Specialist cc: file /od City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrato<$ FROM: Jennifer Collova, Natural Resource Specialist ~ SUBJECT: Proposed MPCA Rule Change - Vermillion River DATE: September 4,2007 INTRODUCTION/DISCUSSION The Minnesota Pollution Control Agency (MPCA) has proposed amendments to the Rules governing water quality. Proposed changes would affect the Vermillion River by changing its Use Classification from a 2B Warm Water Fishery to a 2A Cold Water Fishery for the reach roughly between Highway 3 and Highway 52. For some water quality parameters, including water temperature, Class 2A waters have stricter standards than 2B waters. MPCA staff have indicated that the Vermillion River, in the section with the proposed Use Classification changes, may not currently meet the Class 2A temperature standards. In other words, the temperatures in this section of the Vermillion River are not as cold as defined for a Class 2A Cold Water Fishery. Regardless, MPCA proposes to classify this section of stream as a 2A Water due to the presence of reproducing trout populations within the stream reach. The City of Farmington believes that the stream warrants an appropriate designation, although 2A may not be suitable or attainable in all sections of the subject stream reach. A "Cool" Water designation (which the MPCA does not consider at the time) may be more appropriate for the entire reach if a sectioned approach to classification is not used. If the Class 2A Cold Water Fishery classification is designated to the subject reach, it may be listed as impaired for water temperature in the future. If the Vermillion River is listed as impaired, a Total Maximum Daily Load (TMDL) may need to be prepared for the Vermillion River watershed. A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. In this case the "pollutant" would be warm water. A TMDL could limit the amount of warm water discharge to the Vermillion River, thereby impacting development within the watershed and the City of Farmington's MS4 permit. Staff is concerned that a designation that does not reflect the existing conditions in the stream could negatively impact the City when the proposed standard may not exist or ever be attainable. There could be potential economic impacts to the City and development in general. BUDGET IMPACT None at this time. ACTION REQUESTED Council discussion with staff on this issue. Staff intends to submit comments to the MPCA regarding the proposed Rule change by the September 13th deadline. Staff would like to incorporate the City's concerns regarding this proposed classification and would like Councils' input. ResP)F. en tf/ully submitted, ~~ Jennifer Collova Natural Resource Specialist cc: file 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 pIan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. R55CKSUM LOG23000VO COUNCIL MEETING SEPT 4, 07 Vendor 4 PAWS ANIMAL CONTROL LLC AFFINITY PLUS FEDERAL CREDIT U AFLAC ALCORN BEVERAGE CO. INC. ALLlANT MECHANICAL ALLlNA MEDICAL CLINIC AMERICAN ASSOCIATION OF RETIRE AMERICAN ENGINEERING TESTING I ANCOM TECHNICAL CENTER ANDERSENINC,EARLF ANDERSON, GIL APPLE FORD MERCURY APPLE VALLEY VILLA Business Unit POLICE ADMINISTRATION EMPLOYEE EXPENSE FUND EMPLOYEE EXPENSE FUND DOWNTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR POLICE ADMINISTRATION HUMAN RESOURCES SENIOR CENTER PROGRAMS 208th ST WEST HILLDEE RECONSTRUCTION FIRE SERVICES STREET MAINTENANCE STREET MAINTENANCE PARK MAINTENANCE SENIOR CENTER PROGRAMS PATROL SERVICES SENIOR CENTER PROGRAMS CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 08/20/2007 - 09/05/2007 Object PROFESSIONAL SERVICES Amount 1,597.50 1,597.50 CREDIT UNION PAYABLE 2,230.00 2,230.00 EMPLOYEE BENEFITS 3,664.10 3,664.10 COST OF GOODS SOLD COST OF GOODS SOLD 5,629.05 22,260.30 27,889.35 ELECTRIC 275.00 275.00 PROFESSIONAL SERVICES 65.00 65.00 PROGRAMMING EXPENSE 130.00 130.00 PROFESSIONAL SERVICES PROFESSIONAL SERVICES 693.90 1,485.70 2,179.60 EQUIPMENT REPAIR SERVICE 35.00 35.00 STREET MATERIALS SIGNS & STRIPPING MATERIALS OTHER SUPPLIES & PARTS 696.31 249.80 3,723.24 4,669.35 PROGRAMMING EXPENSE 52.00 52.00 VEHICLE REPAIR SERVICE 488.34 488.34 PROGRAMMING EXPENSE 161.00 161.00 ~ R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712: 03: 09 Council Check Summary Page- 2 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount AQUA LOGIC INC SWIMMING POOL OPERATIONS EQUIPMENT REPAIR SERVICE 295.40 295.40 ASSURANT EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 813.64 813.64 BADGER METER INC WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 852.00 852.00 BANK OF NEW YORK, THE PERM IMP REVOLVING FUND 2001C FISCAL AGENT FEES 250.00 REVENUE BONDS 2001A & 2001B FISCAL AGENT FEES 1,150.00 1,400.00 BATCHELDER, JIM RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 BAXTER, SUE DOWNTOWN LIQUOR REV & EXP PROGRAMMING EXPENSE 1,330.00 PILOT KNOB LIQUOR PROGRAMMING EXPENSE 86.45 1,416.45 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 894.61 PILOT KNOB LIQUOR COST OF GOODS SOLD 1,623.10 2,517.71 BERRY COFFEE COMPANY ADMINISTRATION OFFICE SUPPLIES 29.74 EMPLOYEE EXPENSE FUND COFFEE FUND 89.21 118.95 BONESTROO ROSENE ANDERLlK INC ENGINEERING SERVICES PROFESSIONAL SERVICES 5,275.25 STREET MAINTENANCE PROFESSIONAL SERVICES 1,040.35 PARK IMPROVEMENT FUND PROFESSIONAL SERVICES 321.84 WESTVIEW ACRES PROFESSIONAL SERVICES 1,802.02 ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 3,700.00 STREET CONSTRUCTION PROFESSIONAL SERVICES 2,305.00 ASH STREET PROJECT PROFESSIONAL SERVICES 64.10 MAIN STREET PROFESSIONAL SERVICES 150.50 195TH ST EXTENSION PROFESSIONAL SERVICES 1,722.42 208th ST WEST PROFESSIONAL SERVICES 832.53 SPRUCE ST EXTENSION PROFESSIONAL SERVICES 323.19 ELM ST RECONSTRUCTION PROFESSIONAL SERVICES 42,939.57 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 3 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount TH #3 IMP PROFESSIONAL SERVICES 52,296.77 CITY HALL PROFESSIONAL SERVICES 1,841.02 STORM WATER TRUNK PROFESSIONAL SERVICES 6,073.50 PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 19,144.44 FLAGSTAFF AVE PROFESSIONAL SERVICES 12,600.28 HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 5,026.00 MIL & OVERLAY ANNUAL PRJ PROFESSIONAL SERVICES 4,694.70 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 6,296.59 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 41,523.24 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 1,854.53 WELL #8 PROFESSIONAL SERVICES 1,898.51 213,726.35 BRYAN ROCK PRODUCTS INC PARK MAINTENANCE LANDSCAPING MATERIALS 893.15 893.15 BURNSVILLE HOCKEY CLUB ICE ARENA OPERATIONS EXPENSE SUBSCRIPTIONS & DUES 105.00 105.00 CAMPBELL KNUTSON LEGISLATIVE CONTROL LEGAL 1,414.00 ADMINISTRATION LEGAL 600.26 PLANNING & ZONING LEGAL 1,022.00 POLICE ADMINISTRATION PROFESSIONAL SERVICES 6,566.49 ENGINEERING SERVICES LEGAL 1,414.00 HRAlECONOMIC DEVELOPMENT LEGAL 562.00 ASH STREET PROJECT LEGAL 1,304.25 SPRUCE ST EXTENSION PROFESSIONAL SERVICES 686.35 PRIVATE CAPITAL PROJECTS LEGAL 1,700.00 FLAGSTAFF AVE LEGAL 4,731.33 210TH STREET EAST LEGAL 476.00 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 205.00 WATER UTILITY EXPENSE LEGAL 131.25 20,812.93 CANADIAN PACIFIC RAILWAY COMPA ELM ST RECONSTRUCTION PERMIT FEES 200.00 200.00 CANDINAL, LYNN SWIMMING POOL OPERATIONS RENTAL INCOME 83.00 83.00 CARQUEST PATROL SERVICES VEHICLE SUPPLIES & PARTS 122.84 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/2007'12: 03: 09 Council Check Summary Page - 4 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount FIRE SERVICES VEHICLE SUPPLIES & PARTS 13.36 FIRE SERVICES VEHICLE REPAIR SERVICE 3.14 STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 220.16 NATURAL RESOURCES VEHICLE SUPPLIES & PARTS 13.81 SEWER OPERATIONS EXPENSE VEHICLE SUPPLIES & PARTS 124.91 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 4.76 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 388.30 FLEET OPERATIONS LUBRICANTS & ADDITIVES 198.21 1,089.49 CENTEX HOMES ESCROW FUND DEPOSITS PAYABLE 4,000.00 4,000.00 CHRISTENSEN, JAY P. & PATRICIA FLAGSTAFF AVE LAND 23,800.00 23,800.00 CITY CENTER DEVELOPMENT LLC DOWNTOWN LIQUOR REV & EXP BUILDING RENTAL 10,794.85 10,794.85 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 9,632.82 PILOT KNOB LIQUOR COST OF GOODS SOLD 20,291.65 29,924.47 CONSTELLATION NEWENERGY GAS DI POLICE ADMINISTRATION NATURAL GAS 112.80 FIRE SERVICES NATURAL GAS 55.92 BUILDING MAINT SERVICES NATURAL GAS 484.14 HRAlECONOMIC DEVELOPMENT NATURAL GAS 16.34 SENIOR CENTER PROGRAMS NATURAL GAS 108.12 SWIMMING POOL OPERATIONS NATURAL GAS 1,951.10 ICE ARENA OPERATIONS EXPENSE NATURAL GAS 22.52 DOWNTOWN LIQUOR REV & EXP NATURAL GAS 14.91 PILOT KNOB LIQUOR NATURAL GAS 24.50 SEWER OPERATIONS EXPENSE NATURAL GAS 40.75 SOLID WASTE OPERATIONS NATURAL GAS 40.72 STORM WATER UTILITY OPERATIONS NATURAL GAS 40.73 WATER UTILITY EXPENSE NATURAL GAS 58.26 2,970.81 CREST EXTERIORS ESCROW FUND DEPOSITS PAYABLE 60.00 60.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 5 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount DAKOTA COMMUNICATIONS CENTER PATROL SERVICES CONTRACTUAL SERVICES 13,541.33 FIRE SERVICES CONTRACTUAL SERVICES 6,770.67 20,312.00 DAKOTA COUNTY LUMBER COMPANY MEADOWVIEW PARK OTHER CONSTRUCTION COSTS 143.02 143.02 DAKOTA COUNTY PROPERTY RECORDS ADMINISTRATION PROFESSIONAL SERVICES 92.00 92.00 DARGIS, LISA COMMUNITY DEVELOPMENT MILEAGE REIMBURSEMENT 43.16 43.16 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,948.70 PILOT KNOB LIQUOR COST OF GOODS SOLD 4,132.80 6,081.50 DCX LLC SWIMMING POOL OPERATIONS COST OF GOODS SOLD 93.00 93.00 DECKER, DARREN & AMY SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 17.02 17.02 DEPARTMENT OF LABOR & INDUSTRY BUILDING INSPECTIONS TRAINING & SUBSISTANCE 105.00 105.00 DIAMOND MOWERS STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 113.00 113.00 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 144.00 144.00 DONNELLY FARMS LIMITED PARTNER FLAGSTAFF AVE LAND 369,387.00 369,387.00 DONNELLY, DAVID E & CATHERINE FLAGSTAFF AVE LAND 12,339.00 12,339.00 DONNELLY, ELAYNE B FLAGSTAFF AVE LAND 1,911.00 1,911.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 6 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount DONNELLY, PATRICK M & DARLENE FLAGSTAFF AVE LAND 23,564.00 23,564.00 DONNELLY, ROBERT J. FLAGSTAFF AVE LAND 268,919.00 268,919.00 DONNELLY, TERENCE J & DEBORAH FLAGSTAFF AVE LAND 48,880.00 48,880.00 ECM PUBLISHERS INC HUMAN RESOURCES EMPLOYMENT ADVERTISING 462.00 WATER UTILITY EXPENSE ADVERTISING 745.00 1,207.00 ECONO FOODS POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 18.84 FIRE SERVICES CLEANING SUPPLIES 14.90 FIRE SERVICES OUTSIDE PRINTING 6.85 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 391.49 SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 30.53 SWIMMING POOL OPERATIONS COST OF GOODS SOLD 9.56 SWIMMING POOL OPERATIONS PROGRAMMING EXPENSE 31.82 503.99 ELLIS, JACKIE SWIMMING POOL OPERATIONS UNIFORMS & CLOTHING 35.00 35.00 ENVIRONMENTAL ENHANCEMENTS LLC PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 1,868.04 1,868.04 EVERGREEN LAND SERVICES FLAGSTAFF AVE PROFESSIONAL SERVICES 3,520.50 3,520.50 FARMINGTON BAKERY INC HUMAN RESOURCES TRAINING & SUBSISTANCE 61.04 61.04 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 51.00 51.00 FARMINGTON PRINTING INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 4.00 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 3.99 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 4.00 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 12.51 24.50 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 7 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount FETTE, JUSTIN R. SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 11.83 11.83 FIRST CHOICE TOURS SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 681.00 681.00 FOX LAWSON & ASSOCIATES LLC HUMAN RESOURCES PROFESSIONAL SERVICES 530.00 530.00 FOX, JASON PATROL SERVICES UNIFORMS & CLOTHING 95.76 95.76 FRANK MADDEN & ASSOCIATES HUMAN RESOURCES PROFESSIONAL SERVICES 31.80 31.80 FRONTIER COMMUNICATIONS HUMAN RESOURCES TELEPHONE 3.04- COMMUNICATIONS TELEPHONE 67.23 64.19 GENZ RYAN ESCROW FUND DEPOSITS PAYABLE 47.00 47.00 GOPHER STATE ONE-CALL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 456.83 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 456.82 913.65 GRABER, KRYSTLE SWIMMING POOL OPERATIONS COST OF GOODS SOLD 31.00 SWIMMING POOL OPERATIONS PROGRAMMING EXPENSE 62.81 93.81 GRAFIX SHOPPE PATROL SERVICES VEHICLES 358.91 358.91 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 6,781.33 PILOT KNOB LIQUOR COST OF GOODS SOLD 17,563.87 24,345.20 GS DIRECT INC COMMUNITY DEVELOPMENT OFFICE SUPPLIES 39.12 RECREATION PROGRAM SERVICES OFFICE SUPPLIES 39.12 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 39.13 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712: 03: 09 Council Check Summary Page - 8 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 39.12 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 39.13 195.62 HADLER, DUANE & LUCY SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 40.00 40.00 HEAL THPARTNERS EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 7,371.96 7,371.96 HENDRICKSON, BETTY SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 11.62 11.62 HEWITT, GREG SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 38.21 38.21 HOFFACKER, DANIELLE & MICHAEL SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 100.00 100.00 HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 960.15 PILOT KNOB LIQUOR COST OF GOODS SOLD 1,283.50 2,243.65 HOISINGTON KOEGLER GROUP INC FAIRHILL COMM PARKlATH FIELDS PROFESSIONAL SERVICES 6,903.68 6,903.68 HORIZON COMMERCIAL POOL SUPPLY SWIMMING POOL OPERATIONS OTHER SUPPLIES & PARTS 53.81 SWIMMING POOL OPERATIONS CHEMICALS 2,404.89 SWIMMING POOL OPERATIONS EQUIPMENT REPAIR SERVICE 79.96 2,538.66 HOTSY EQUIPMENT OF MINNESOTA BUILDING MAINT SERVICES BUILDING SUPPLIES & PARTS 59.52 SEWER OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 74.40 SOLID WASTE OPERATIONS BUILDING SUPPLIES & PARTS 74.40 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 14.88 WATER UTILITY EXPENSE BUILDING SUPPLIES & PARTS 74.40 297.60 HYDRO METERING TECHNOLOGY INC WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 1,659.80 1,659.80 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 9 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount HYDRO-VAC INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 480.00 480.00 ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,276.00 5,276.00 IMAGE TREND, INC FIRE SERVICES iT SERVICES 550.00 550.00 INDEPENDENT BLACK DIRT CO INC PARK MAINTENANCE LANDSCAPING MATERIALS 171.46 171.46 INTERSTATE BATTERY TWIN CITIES PATROL SERVICES VEHICLE SUPPLIES & PARTS 72.37 72.37 INVER GROVE HEIGHTS, CITY OF RECREATION PROGRAM SERVICES OTHER SUPPLIES & PARTS 71.94 71.94 JACOBSON, JOHN SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 88.46 88.46 JOHNSON BROTHERS LIQUOR COM PAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 8,197.41 PILOT KNOB LIQUOR COST OF GOODS SOLD 23,591.72 31,789.13 JP PLEASANT VIEW FARMS, LP FLAGSTAFF AVE LAND 17,500.00 17,500.00 KEYLAND HOMES ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 KNIGHTS OF COLUMBUS SOFTBALL GENERAL FUND BALANCE SHEET MN SALES TAX DUE 1.65 GENERAL FUND REVENUES RENTAL INCOME 25.35 27.00 KOHLBECK, MISSIE SENIOR CENTER PROGRAMS PROGRAMMiNG EXPENSE 9.00 9.00 KUYPER, STEVEN A PATROL SERVICES FUEL 29.00 INVESTIGATION SERVICES TRAINING & SUBSISTANCE 145.85 174.85 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 10 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount LAKEVILLE, CITY OF PATROL SERVICES TRAINING & SUBSISTANCE 295.00 INVESTIGATION SERVICES TRAINING & SUBSISTANCE 590.00 885.00 LARSONS PRINTING RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 3,832.48 3,832.48 LEADERWORKS, INC EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 1,400.00 1,400.00 LEAGUE OF MN CITIES INSURANCE INSURANCE INSURANCE DEDUCTIBLE 2,500.00 2,500.00 LEXISNEXIS INVESTIGATION SERVICES PROFESSIONAL SERVICES 150.00 150.00 LEY, RONALD FLEET OPERATIONS UNIFORMS & CLOTHING 89.99 89.99 L1FELOC TECHNOLOGIES INC PATROL SERVICES EQUIP SUPPLIES & PARTS 42.75 42.75 LOCAL GVMT INFO SYSTEMS ASSN. HUMAN RESOURCES DATA PROCESSING 1,318.00 GENERAL ACCOUNTING DATA PROCESSING 2,158.00 BUILDING INSPECTIONS DATA PROCESSING 1,706.00 POLICE ADMINISTRATION DATA PROCESSING 4,071.00 POLICE ADMINISTRATION TELEPHONE 360.00 SEWER OPERATIONS EXPENSE DATA PROCESSING 402.00 SOLID WASTE OPERATIONS DATA PROCESSING 402.00 STORM WATER UTILITY OPERATIONS DATA PROCESSING 402.00 WATER UTILITY EXPENSE DATA PROCESSING 402.00 INFORMATION TECHNOLOGY OFFICE SUPPLIES 284.38 INFORMATION TECHNOLOGY DATA PROCESSING 1,777.00 INFORMATION TECHNOLOGY EQUIPMENT REPAIR SERVICE 141.65- 13,140.73 LUND MARTIN CONSTRUCTION INC CITY HALL CONSTRUCTION CONTRACTS 144,875.00 144,875.00 MACQUEEN EQUIPMENT STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 49.52 SEWER OPERATIONS EXPENSE VEHICLE SUPPLIES & PARTS 2,989.27 3,038.79 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 11 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount MAHOWALD, MATTHEW SWIMMING POOL OPERATIONS UNIFORMS & CLOTHING 31.98 31.98 MALONE, TOM RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 28.00 28.00 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 5,294.70 PILOT KNOB LIQUOR COST OF GOODS SOLD 9,290.51 14,585.21 MATSON, DAVID J. FLAGSTAFF AVE LAND 4,848.00 4,848.00 MATTAMY HOMES ESCROW FUND DEPOSITS PAYABLE 10,000.00 10,000.00 MAUS GROUP LLC COMMUNITY DEVELOPMENT PROFESSIONAL SERVICES 1,048.78 HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 1,048.79 2,097.57 MAXIMUM VOLTAGE STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 67.04 67.04 MC CONTRACTING INC STREET MAINTENANCE PROFESSIONAL SERVICES 8,840.00 8,840.00 MCNAMARA CONTRACTING INC PRIVATE CAPITAL PROJECTS ACCOUNTS PAYABLE 25,878.20 25,878.20 MEDICA EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 59,128.36 59,128.36 METROCALL INC INVESTIGATION SERVICES PROFESSIONAL SERVICES 13.42 13.42 METROPOLITAN COUNCIL ENVIRONME SEWER OPERATIONS EXPENSE MCES FEES 66,099.61 66,099.61 MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 17.12 17.12 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 12 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount MINNESOTA COACHES INC RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 250.00 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 250.00 SWIMMING POOL OPERATIONS PROFESSIONAL SERVICES 675.00 1,175.00 MINNESOTA PIPE AND EQUIPMENT PARK MAINTENANCE OTHER SUPPLIES & PARTS 18.29 WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 79.35 INFORMATION TECHNOLOGY OTHER SUPPLIES & PARTS 11.17 108.81 MINNESOTA RECREATION & PARK AS RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 252.00 252.00 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 2,595.54 2,595.54 MINNESOTA STATEWIDE ESCROW FUND DEPOSITS PAYABLE 60.00 60.00 MINNESOTA WINDOWS & SIDING CO ESCROW FUND DEPOSITS PAYABLE 60.00 60.00 MITTELSTAEDT BROTHERS ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 MN CHIEFS OF POLICE ASSN POLICE ADMINISTRATION PROFESSIONAL SERVICES 29.47 29.47 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,341.00 1,341.00 MN NCPERS LIFE INSURANCE EMPLOYEE EXPENSE FUND PERA LIFE INS PAYABLE 16.00 16.00 MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 6.25 6.25 NORTHERN DAKOTA COUNTY ADMINISTRATION TRAINING & SUBSISTANCE 27.00 HRAlECONOMIC DEVELOPMENT TRAINING & SUBSISTANCE 15.00 42.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 13 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount NORTHERN SAFETY TECHNOLOGY PATROL SERVICES VEHICLE SUPPLIES & PARTS 213.43 FIRE SERVICES VEHICLE REPAIR SERVICE 170.61 384.04 NORTHLAND CHEMICAL CORP SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 293.45 293.45 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 1,201.26 1,201.26 OLWELL, JOHN J. RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 204.00 204.00 PAUSTIS WINE CO. PILOT KNOB LIQUOR COST OF GOODS SOLD 108.00 108.00 PEER ENGINEERING INC FIRST STREET GARAGE PROFESSIONAL SERVICES 834.70 834.70 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 5,711.29 PILOT KNOB LIQUOR COST OF GOODS SOLD 9,390.71 15,102.00 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 1,245.60 1,245.60 PIZZA MAN LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 48.41 48.41 PRIME APPAREL INC RESCUE SQUAD SERVICES UNIFORMS & CLOTHING 1,016.01 1,016.01 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 13,099.05 EMPLOYEE EXPENSE FUND PERA 16,149.86 29,248.91 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,429.99 PILOT KNOB LIQUOR COST OF GOODS SOLD 3,932.94 PILOT KNOB LIQUOR EQUIPMENT REPAIR SERVICE .01 8,362.94 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 14 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount RECON TRUST CO, NA FLAGSTAFF AVE LAND 12,152.00 12,152.00 RESOURCE RECOVERY TECHNOLOGIES SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 30,351.04 30,351.04 ROCINC FIRE SERVICES PROFESSIONAL SERVICES 573.13 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 1,797.03 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 901.31 3,271.47 ROLAND, ROBIN GENERAL ACCOUNTING TRAINING & SUBSISTANCE 15.00 GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 123.19 138.19 ROYALTY REMODELERS ESCROW FUND DEPOSITS PAYABLE 60.00 60.00 SAUBER PLUMBING & HEATING CO. ESCROW FUND DEPOSITS PAYABLE 70.00 70.00 SCHWlNESS LLC PILOT KNOB LIQUOR BUILDING RENTAL 14,492.49 14,492.49 SLAVICEK, MARJORIE SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 20.00 20.00 STREICHER'S PATROL SERVICES UNIFORMS & CLOTHING 180.93 180.93 STRESE, TOM EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 501.50 501.50 SUMMIT CUSTOM LANDSCAPE INC PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 2,806.28 2,806.28 SUNDE LAND SURVEYING INC ASH STREET PROJECT PROFESSIONAL SERVICES 1,050.50 1,050.50 SUNDVALL, TRAVIS EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 1,581.75 1,581.75 R55CKSUM LOG23000VO CITY OF FARMINGTON 08/30/200712:03:09 Council Check Summary Page - 15 08/20/2007 - 09/05/2007 Vendor Business Unit Object Amount THARALSON, GARY R SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 199.32 199.32 TKDA INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 485.26 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 485.26 970.52 TRI COUNTY BEVERAGE & SUPPLY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 298.70 PILOT KNOB LIQUOR COST OF GOODS SOLD 203.50 502.20 TURCO CONSTRUCTION ESCROW FUND DEPOSITS PAYABLE 60.00 60.00 U S BANK PUBLIC SAFETY REVENUE BD 2007 PREPAID EXPENSES 4,673.72 4,673.72 UNIVERSITY OF MINNESOTA STORM WATER UTILITY OPERATIONS TRAINING & SUBSISTANCE 100.00 100.00 VART HEM COFFEE CAFE HRAlECONOMIC DEVELOPMENT TRAINING & SUBSISTANCE 83.30 83.30 VINOCOPIA DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 688.50 688.50 WAUSAU TILE INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 100.11 100.11 WINE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 408.75 PILOT KNOB LIQUOR COST OF GOODS SOLD 774.76 1,183.51 WlNGFOOT COMMERCIAL TIRE PARK MAINTENANCE VEHICLE TIRES 472.56 472.56 WOLD ARCHITECTS & ENGINEERS IN CITY HALL PROFESSIONAL SERVICES 45,856.71 45,856.71 YOCUM OIL COMPANY INC FLEET OPERATIONS LUBRICANTS & ADDITIVES 715.16 715.16 R55CKSUM lOG23000VO Vendor ZAHl-PETROlEUM MAINTENANCE CO ZEE SERVICE COMPANY APmd '@) ~ @ Business Unit DOWNTOWN LIQUOR REV & EXP PilOT KNOB LIQUOR BUilDING MAINT SERVICES SEWER OPERATIONS EXPENSE SOLID WASTE OPERATIONS STORM WATER UTILITY OPERATIONS WATER UTILITY EXPENSE Sodp.rberg Fogat:ty McKnight Pritzlatf VJilson CITY OF FARMINGTON Council Check Summary 08/20/2007 - 09/05/2007 Object OTHER SUPPLIES & PARTS OTHER SUPPLIES & PARTS PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES Report Totals 08/30/200712:03:09 Page - 16 Amount 48.91 48.92 97.83 20.35 25.44 25.44 5.08 25.44 101.75 1,775,403.35