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HomeMy WebLinkAbout05.15.06 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING May 15, 2006 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA a) Interview Heritage Preservation Commission Applicant 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMA TJON STA TEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position_ Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter_ City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING MAY 15, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Heritage Preservation Award - Administration b) Post Office Proclamation - Administration c) Introduce New Employee - Finance 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (5/1/06 Regular) (5/2/06 & 5/6/06 Special) b) Approve Lighting System Upgrades for Schmitz-Maki Arena - Parks and Recreation c) Approve City Hall Maintenance Service Agreement - Parks and Recreation d) Park Master Planning Schedule - Parks and Recreation e) Adopt Resolution - Accept Donation 2005 Spring Skate Competition - Parks and Recreation f) Adopt Resolution - Providing for Sale of G.O. Improvement Bonds 2006A - Finance g) Approve Temporary On-Sale Liquor License - Administration h) Approve Liquor License Amendment American Legion - Administration i) Appointment Recommendation Heritage Preservation Commission - Administration j) Appointment Recommendation New Firefighters - Fire Department k) Appointment Recommendations Fire Captains - Human Resources 1) Adopt Resolution - Designating Responsible Authority - Human Resources m) Approve Encroachment and Reimbursement Agreement - Spruce Street Project - Engineering n) Approve Change Order - Ash Street - Engineering Action Taken Presented Proclaimed Introduced Approved Approved Approved Information Received R52-06 R53-06 Approved Approved Approved Approved Approved R54-06 Approved Approved 0) Approve Pond Easement Compensation - South East Trunk Utility Project - Engineering p) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution and Ordinance - Comprehensive Plan Amendment from Non-Designated to Commercial and Rezoning from A-I to B-1 for 6 Properties Along 220th Street - Community Development b) Adopt Ordinance - Text Amendment Modifying the Definition of Building Height and Increasing the Maximum Building Height in the R-3 Zoning District - Community Development c) Adopt Resolution - Swanson Acres Final Plat - Community Development d) Adopt Resolution - Vermillion River Crossing - Development Contracts - Engineering 1. Consider Developer's Request for Amendment of Development Contract for Vermillion River Crossings 2. Consider Development Contract for Vermillion River Crossings 2nd Addition e) Consider Joint Powers Agreement with Castle Rock Township (22Sth Street Reconstruction Project) - Community Development 11. UNFINISHED BUSINESS a) Consider Draft Community Survey Questionnaire - Administration 12. NEWBUSINESS a) 2007 Budget Process - Administration (verbal) 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved Approved R55-06 Ord 006-555 Ord 006-556 R56-06 R57-06 R58-06 Approved Workshop 6/7/06 City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING MAY 15, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Heritage Preservation Award - Administration b) Post Office Proclamation - Administration c) Introduce New Employee - Finance 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (5/1/06 Regular) (5/2/06 & 5/6/06 Special) b) Approve Lighting System Upgrades for Schmitz-Maki Arena - Parks and Recreation c) Approve City Hall Maintenance Service Agreement - Parks and Recreation d) Park Master Planning Schedule - Parks and Recreation e) Adopt Resolution - Accept Donation 2005 Spring Skate Competition - Parks and Recreation f) Adopt Resolution - Providing for Sale ofG.O. Improvement Bonds 2006A- Finance g) Approve Temporary On-Sale Liquor License - Administration h) Approve Liquor License Amendment American Legion - Administration i) Appointment Recommendation Heritage Preservation Commission - Administration j) Appointment Recommendation New Firefighters - Fire Department k) Appointment Recommendations Fire Captains - Human Resources 1) Adopt Resolution - Designating Responsible Authority - Human Resources m) Approve Encroachment and Reimbursement Agreement - Spruce Street Project - Engineering n) Approve Change Order - Ash Street - Engineering Action Taken Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 0) Approve Pond Easement Compensation - South East Trunk Utility Project - Engineering p) Approve Bills 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution and Ordinance - Comprehensive Plan Amendment from Non-Designated to Commercial and Rezoning from A-I to B-1 for 6 Properties Along 220th Street - Community Development b) Adopt Ordinance - Text Amendment Modifying the Definition of Building Height and Increasing the Maximum Building Height in the R-3 Zoning District - Community Development c) Adopt Resolution - Swanson Acres Final Plat - Community Development d) Adopt Resolution - Vermillion River Crossing - Development Contracts - Engineering 1. Consider Developer's Request for Amendment of Development Contract for Vermillion River Crossings 2. Consider Development Contract for Vermillion River Crossings 2nd Addition e) Consider Joint Powers Agreement with Castle Rock Township (22Sth Street Reconstruction Proj ect) - Community Development 11. UNFINISHED BUSINESS a) Consider Draft Community Survey Questionnaire - Administration 12. NEW BUSINESS a) 2007 Budget Process - Administration (verbal) 13. COUNCIL ROUNDTABLE 14. ADJOURN Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Sb The 15Uh Anniversary of the Farmington Post Office WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Farmington Post Office, Farmington, Dakota County, Minnesota, will celebrate its sesquicentennial - its 150th anniversary - on May 20; and The Farmington Post Office was established in 1856 and put Farmington "on the map," while proving to the Federal government that the possibility of a "Rural Free Delivery" system of conveying mail to farmers who living, outside of a town or village boundary, could be achieved; and Farmington was the second community in the nation to attempt the unprecedented project in 1897. The success of "Rural Free Delivery" system consequently improved communication and commerce for area residents and so impressed the Federal government who saw to it that Capital-National Highway No:1, an official international modern concrete highway, would pass through Farmington. The highway was a result of the nineteenth century's "Good Roads Movement" and the government's 1912 "Model Postal Roads" program; and Farmington's "Model Postal Road" was named the Jefferson Highway, and in 1921 was designated State Highway No. 1. The all- season highway was paved with concrete in 1927 and affectionately called the "Great White Way," the core of Minnesota's comprehensive trunk highway system; and Known to the state as "a village of farms," in the nineteenth century, Farmington became "The Gateway to the Twin Cities" at the beginning of the twentieth, the consequence of the commitment of a post office that not only transferred the mail but a legacy as well. NOW; THEREFORE, we, the City Council of the City of Farmington, call upon the citizens of Farmington to send congratulations to Farmington's Postmaster and staff in recognition of their historic milestone. Mayor ~ COUNCIL MINUTES PRE-MEETING MAY 1, 2006 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; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty mentioned regarding the Council Workshop on May 17, she will need to leave early for another meeting at 7:00 p.m. As far as the Council Workshop on May 23, she is unsure if she will be able to attend. The location of that meeting will be Stonemill Farms in Woodbury. Councilmember McKnight was concerned with the cost of the School and Conference for Human Resources Director Wendlandt and asked for a breakdown of the cost. The conference is $1,000, the hotel is $800 and airfare is estimated at $400-$500. Councilmember McKnight felt this was a large amount for one conference. Councilmember McKnight requested an update on an issue with Castle Rock be added to the workshop agenda for May 2, 2006. For that agenda there will be an Executive Session at 5:00 p.m., an update on the process for a new City Hall at 5:30, and following that an update on Castle Rock. Councilmember Fogarty noted she may not be in attendance for the Executive Session. Council Minutes (Pre-Meeting) May 1, 2006 Page 2 Councilmember Wilson had a question about the Community Survey. Question 14 asks about fiber to the premises. He was concerned many residents may not know what that is and asked staff to work on the wording. Also, regarding the item on the architectural contracts for City Hall and the 1 st Street garage he was concerned that the numbers are higher than the CIP. He did not want to box the City into a 6% construction cost. Finance Director Roland noted the $414,000 would have been included in the $8.6 million that was estimated at the workshop. If Council wants to reduce the size of the project at some point, staff would ask Wold to revisit the 6%. This is consistent with every project that has been done with them. City Administrator Herlofsky stated the ability to negotiate with a service provider is always the option of the customer. If Council has concerns he would be comfortable talking with Wold about it. Councilmember Pritzlaff asked about reducing the fee at Rambling River Park for a class reunion. He asked if doing this for one would be setting a precedent. Parks and Recreation Director Distad stated they may be setting a precedent, but it could be taken on a case by case basis. This request was based on a class reunion. Mayor Soderberg felt they were staying consistent with the fee schedule, as they are unsure how many people will be attending. If they exceed 150 people they will be willing to pay the additional garbage fee. They are requesting to reduce the $200 event fee to the shelter fee of $40. Councilmember Pri tzlaff asked if staff would recommend a 50% cut rather than going from $200 to $40. Staff noted the class reunion group requested to pay the shelter fee and that is what the Park and Rec Commission is recommending to the Council. Councilmember Pritzlaff also felt the School and Conference cost was high for Human Resources. He then asked about the appointment recommendation for Finance and if that was vacant now. Staff noted it is a new position that was approved in the 2006 budget. Additional staff is needed as they are converting to a new utility billing system. Councilmember Pritzlaff also asked about the architectural contracts for City Hall and the 1 st Street garage. He would have been more comfortable having the final numbers on the Fire Station before proceeding with another project with them. He was uncomfortable with Wold starting these proj ects. City Administrator Herlofsky noted Wold's architectural work is excellent. Most of the projects he has worked with Wold on involved a construction manager. That is an excellent balance. Ifthere is an issue with cost or change orders, if you have a construction manager you are much more in charge of that than with a general contractor. Councilmember Wilson asked if a project manager would be someone from staff or an individual within the firm. City Administrator Herlofsky replied he was talking about a construction manager. The City would be their own general contractor. You would hire someone to manage the proj ect for you. There would be a separate contract with the architect and a construction manager. This has been tremendously beneficial in generating business for the local economy. Local contractors are able to bid on a project. The construction manager and the architect both work for you and you have two opinions on an issue. Council Minutes (Pre-Meeting) May 1, 2006 Page 3 5. STAFF COMMENTS City Administrator Herlofsky stated he has felt welcomed by the Council and staff and his first day has been very enjoyable. Finance Director Roland informed Council of the two supplemental items. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:51 p.m. APIF, MOTION CARRIED. Respectfully submitted, 4'Y.vY~ /Y7L~ / /----- Cynthia Muller Executive Assistant )c<- COUNCIL MINUTES REGULAR May 1, 2006 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. a) Introduction and Swearing-In of City Administrator Peter Herlofsky, Jr. Mayor Soderberg administered the Oath of Office to City Administrator Herlofsky. 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; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Warks/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Randy Oswald, Richard Girard, Ken Lewis, Marek Kopec, Nick Schultz, Cindy Weber 4. APPROVE AGENDA Councilmember McKnight pulled item 7e) School and Conference - Human Resources for a separate vote. Finance Director Roland noted there are three supplemental items on the agenda. MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Heritage Preservation Month - Administration MOTION by Fogarty, second by Wilson to proclaim Mayas Heritage Preservation Month. APIF, MOTION CARRIED. b) Introduce New Employee - Police Department Richard Girard was introduced as the new Community Service Officer. c) Introduce New Employee - Community Development Marek Kopec was introduced as the new Building Inspector. Council Minutes (Regular) May 1, 2006 Page 2 d) Recognized Finance Director Roland Mayor Soderberg presented Finance Director Roland with a plaque from the City Council recognizing her work as Acting City Administrator. Police Chief Siebenaler also presented Finance Director Roland with a plaque from the Management Team thanking her for her work as Acting City Administrator. Councilmember Pritzlaff also thanked the Management Team and all employees for their work during this time. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (4/17/06 Regular) b) Received Information Capital Outlay - Parks and Recreation c) Approved Request to Reduce Fee for Event at Rambling River Park - Parks and Recreation d) Approved School and Conference - Parks and Recreation f) Approved School and Conference - Administration g) Received Information School and Conference - Administration/Information Technology h) Received Information Capital Outlay - Human Resources/Information Technology i) Adopted RESOLUTION R47-06 Approving Participation in a Hazard Mitigation Planning Process - Police Department j) Set May 15, 2006 Interview Heritage Preservation Commission - Administration k) Scheduled May 17 and May 23 Council Workshops - Administration 1) Adopted RESOLUTION R48-06 Reimbursement Resolution - Finance m) Approved Appointment Recommendation Finance - Human Resources n) Adopted RESOLUTION R49-06 Approving 225th Street Road Maintenance Agreement - Community Development 0) Approved Findings of Fact - Conroy Request - Community Development p) Approved Architectural Contracts for City Hall and 1 st Street Garage Projects - Administration q) Approved Bills APIF, MOTION CARRIED. e) School and Conference - Human Resources Councilmember McKnight felt the cost of $2300 was too high for one training session. Councilmember Pritzlaff also felt the cost was too high. MOTION by Pritzlaff, second by McKnight to deny the request. Voting for: Fogarty, McKnight, Pritzlaff, Wilson. Voting against: Soderberg. MOTION CARRIED. 8. PUBLIC HEARINGS Council Minutes (Regular) May 1, 2006 Page 3 9. AWARD OF CONTRACT a) Adopt Resolution - Hill Dee Reconstruction Project - Engineering Three bids were received. S.R. Weidema submitted the low bid in the amount of $2,265,132.85. The estimated base construction cost from the feasibility report was $2,069,000. The fuel prices have caused the increase and also the cost of pipe installation. Councilmember McKnight asked how the excess cost is made up. Finance Director Roland replied the bonding cost would include the levy amount that is the City's portion. The $2.2 million is within the base feasibility cost plus the contingency. Any change orders would exceed the current budget for this project. Councilmember Wilson stated he will be looking for change orders and the developer inflating costs through the change orders. He trusted staff will keep a close eye on the proj ect. Councilmember Pritzlaff stated if a change order comes in higher than expected, what procedures are in place to verify the cost. City Engineer Mann replied there are guidelines used and the City's specifications reference the MnDOT specifications. There are dispute resolution procedures where the City can require certain documentation. MOTION by Wilson, second by McKnight adopting RESOLUTION RSO-06 accepting the base bid ofS.R. Weidema Inc. of$2,265,132.85 and awarding the project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Fiber Infrastructure - Human Resources On April 5, 2006 there was a Council Workshop to discuss fiber to the premises and the concept of expanding the City-owned fiber infrastructure to allow for opportunities to provide broadband services throughout the community. The City already owns a significant amount of fiber infrastructure to serve the needs of the City organization. There are expansion capabilities in anticipation of future needs within the City organization and throughout the community. Staff outlined the next steps for Council to consider as they weigh the options for broadband connectivity. The process would be the same whether the Council chooses wireless, fiber to the premises, or some other option. 1. Develop a comprehensive plan for fiber infrastructure for all future developments and City reconstruction projects. Staff recommended hiring a consultant to work with the Council and staff. 2. Determine an interim solution for development occurring before the comprehensive plan is completed including the development of fiber optic design standards. Council Minutes (Regular) May 1, 2006 Page 4 3. Determine options for the established section of the community and develop specifications that will provide the opportunity to phase fiber connectivity into these areas. 4. Discuss funding mechanisms for City broadband projects. The 2006 budget does not have provisions for funding broadband connectivity, however fiber infrastructure could be added to project costs as the various projects move forward. The communications budget could also be used to pay for up front consulting costs or incidentals. Councilmember McKnight stated he is not sold on this. He does not like approving plans to move forward without talking about money. Councilmember Wilson also was not comfortable. He agreed with the concept but hiring a consultant before we are 100% sure of what direction we are going to go is problematic. He was definitely not in favor of taking money from any other budget, including the communications budget, to hire a consultant. He needs to gain more knowledge on this topic before he would agree to move forward. Councilmember Pritzlaffwould like more workshops to obtain more information. He felt it was too early to get into these steps. Councilmember Fogarty noted we are in the process of starting to update the comp plan. She asked if these types of things were addressed in the comp plan or should be addressed in the plan. Community Development Director Carroll agreed as it is a very important topic. Some preparations will be devoted to this in a couple sections. Councilmember Fogarty felt this would be very beneficial to the community, but would like more information. She was uncertain how to get more information without getting someone from outside the City who has this area of expertise. Mayor Soderberg stated fiber to the premises is a piece of infrastructure. He believes that infrastructure is best owned by the public rather than the private sector. The private sector rides on that same infrastructure on an equal footing. You do not have one piece of the private sector controlling access to the residents. If the City owns the infrastructure then the residents have a great opportunity to choose who they will get various services from whether it is telephone, internet, television, etc. Fiber is the infrastructure. It is not an internet service provider. The services themselves are best handled by the private sector. City Administrator Herlofsky suggested Council and staff review this as part of the 2007 budget. This is not a unique situation to Farmington. Staff can check with other communities and make it part of the 2007 budget. The broadband capability of any community when competing for sustainable growth is a real nice addition. If it was in the City it would be an enterprise fund operation. We need a business plan for this project over the next 2-3 years because there is some investment before there is any return on capital. Council needs to be comfortable with those numbers. Councilmember Wilson would like more information from other cities. Councilmember McKnight stated we are talking about putting in an infrastructure Council Minutes (Regular) May 1, 2006 Page 5 system that provides internet, telephone, television services which he already receives. So why are they putting in another set of infrastructure? Mayor Soderberg replied he would favor doing this because of options and choices. Choices drive the price down and provide a broader menu of services available. Councilmember Wilson noted at the workshop they had a strong advocate for this service. He would like to hear from a strong opponent of the services. He would like to know other cities experiences with this. Councilmember Pritzlaff also felt we have these services now, so what is the benefit. He could like to have a handle on the cost. He would like to know how much cheaper wireless is than fiber to the premises and what do we gain. Mayor Soderberg replied based on the fiber installed right now we could service most of the City with wireless ifthere were a provider that wanted to use our system for wireless connectivity. We have spent a great deal of money installing this for City purposes. Councilmember Fogarty noted we have many months to obtain more information. She would like to find someone who has a different perspective on this for a workshop. b) Approve Precinct Boundary Changes - Administration Due to the growth of the City and the increased number of voters, staff has added two precincts for a total of six precincts. Administrative Services Director Shadick presented a map showing the new boundaries. Polling locations will be as follows: Precinct 1 - Rambling River Center Precinct 2 - Kindergarten Center Precinct 3 - Meadowview Elementary School Precinct 4 - Akin Road Elementary School Precinct 5 - Bible Baptist Church Precinct 6 - Farmington Middle School West Councilmember Pritzlaff asked why we are going to six precincts. Staff replied in 2004 the precincts were from 2400 voters to over 3000. They should be at approximately 1800 voters. The last increase in precincts was in 2002. Councilmember McKnight asked if we have equipment available for two more precincts. Staff noted the equipment was included in the budget. The residents should receive a notice in the mail mid-summer. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R51-06 revising precinct boundaries and establishing polling locations. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) 210th Street Update - Engineering Council had been given a schedule for the 210th Street process. Staff presented an update regarding the schedule. Staff has been discussing the issues with several parties. The draft appraisal has been received. One major issue is what the configuration of210th Street needs to be at TH3. MnDOT agreed to lining up the center line of 21 Oth Street with the existing Willow Street. Based on that alignment the easement drawings and appraisal need to be revised to show this Council Minutes (Regular) May 1, 2006 Page 6 alignment. The easement drawings should be done this week and will be forwarded to the appraiser. Staff has also met with Mr. Regan on the outcome of the discussions. Staff has forwarded a proposal to Mr. Regan regarding the right- of-way. Staff has also met with Manley Land Development and Winkler Development to discuss the need for these developers to participate in the project and they are willing to do so. They would like to see a concept allocation developed by staff. Staff continues to work with Mr. Regan on a settlement for the right-of-way. As the easement descriptions, drawings and appraisal need to be revised staff has decided not to ask Council tonight to initiate the quick take process. The City Attorney also noted there is some pending legislation that might be more finalized by the June meeting that mayor may not have an impact on this process. City Attorney J amnik stated the legislation is scheduled to adjourn in three weeks. The pending legislation will affect all pending condemnation proceedings. So if the proceeding was started now, there may be a mid-course correction. It would be best to wait to bring this back to Council at a June meeting. b) Consider Draft Community Survey Questionnaire - Administration Council authorized staff to work with CJ Olson Market Research to conduct a community survey. This will be a telephone survey covering 500 residents. There will be 42 structured questions and 3 open-ended questions. Originally Council authorized 25 structured questions at $16,125. The cost for 42 structured questions and 3 open-ended questions would be $17,825. The cost is included in the communications budget. Staff asked for Council feedback on the questionnaire and approval for 42 questions. Councilmember Fogarty was comfortable with 42 questions. As for how long each survey would take, for 25 questions it was estimated to take 15-20 minutes. Councilmember McKnight asked about the time line for the survey and getting the results back to Council. Administrative Services Director Shadick replied they would like to start the survey on Thursday if it is approved and the calling takes 2- 3 weeks and it takes another week to compile the information. The information would be presented to Council at the second meeting in June. Councilmember McKnight reviewed the questions and was ready to move forward. Councilmember Wilson wanted to make sure residents understand the question regarding fiber to the premises and what that means. He wanted to make sure it was worded so the average resident would understand the question. Staff will work on re-wording the question. Mayor Soderberg was comfortable with the questions. Councilmember Pritzlaff was also concerned with the question on fiber to the premises. He asked what time of day the survey would be done. Staff noted it varies. They will do thousands of calls until they get 500. He suggested this be put on the website and in the newspaper to let residents know these calls will be coming. Councilmember Fogarty requested they wait a week to start calling to give her an opportunity to review it. Council Minutes (Regular) May 1, 2006 Page 7 City Administrator Herlofsky asked what can be done to make sure the responses are statistically appropriate for the results. Depending on who calls and when they call, what assurances does the consultant have to make sure the information is reliable? Administrative Services Director Shadick contacted the consultant and they use a professional sample house out of Atlanta to obtain the numbers and sampling of residents to obtain the information. He will e-mail staff to more specifically identify the process. City Administrator Herlofsky mentioned since the survey was done a number of years ago and the questions are very similar, how do we make sure that what we do is look at the past and look at today to make sure we understand the changes that have occurred in the community which caused them to feel it has gotten better or something has not improved as well as we would like. Administrative Services Director Shadick also asked the consultant about that and he will compare the information with what was received in 2001 in his presentation. Mayor Soderberg suggested approving this subject to the City Administrator's comfort of proceeding allowing some time for Councilmember Fogarty to review the questions and for the consultant to respond. It was decided to bring this back to the next Council Meeting for approval. MOTION by Wilson, second by Pritzlaffto table this until the May 15, 2006 Council Meeting. APIF, MOTION CARRIED. c) Consider RFP's Economic Development Summit Facilitator - Community Development Staff received five proposals from companies interested in serving as a facilitator for the Economic Development Summit. The proposals break down into three topics. The first is cost. Dakota Electric through its Partners in Progress program makes funding available to cities. Last year staff proposed using the funding from this year for a consultant for an Economic Development plan. The amount is $5,000. The costs proposed ranged from $14,700 - $2,625. The second issue is individual versus team approach. In some proposals there is a team approach and in other proposals there is a single point of contact. The third issue is what is the most relevant type of experience. Some have significant economic development experience and not so much experience facilitating and some are the opposite. City Administrator Herlofsky felt it was not sure what Council is looking for as far as a product. This is why a wide range of costs and proposals were received. He was not sure he was hearing the same definition of economic development. The facilitator is the least important person in the meeting. Council wants input from the public, the community, and from stakeholders and they are not always the same people. We need to determine how to get the appropriate participants. He spoke with the President of the Chamber and they also want to assist with this. He will be meeting with them the middle of May. Council Minutes (Regular) May 1, 2006 Page 8 Councilmember McKnight felt the Hoisington proposal was a proposal to make a proposal. He recalled Council did not want to get too far down the line because they wanted public input first. Council needs to decide if they want to bring in a facilitator or start the discussions with a group and then bring in the facilitator. Councilmember Fogarty asked ifthere was any value in bringing the proposals to the Economic Development Authority and let them weigh in. Councilmember Wilson agreed there would be value in waiting. He liked the proposal from Economic Development Services. City Administrator Herlofsky noted there is nothing in the proposal as to the outcome Council is looking for. A couple things should be identified for someone to target. Councilmember Pritzlaff also liked the proposal from Economic Development Services. City Administrator Herlofsky asked what Council's definition is of economic development. Is it industrial, production, retail, theater, commercial, housing, a better transportation system? Councilmember Pritzlaffreplied for him it would be industrial and commercial. Councilmember McKnight felt it was clear Council needs more discussion before a facilitator is brought in. City Administrator Herlofsky suggested waiting to see what the community survey says. The survey is primarily residents talking about the community. Maybe the next step is to move into the business community. Also, what about the person that travels through the community every day. Council agreed to wait with this and set up a workshop to discuss this further. City Administrator Herlofsky suggested laying out a calendar of events, how they apply to each other, and workshops. This would also include what the EDA is doing, what the Council is doing, etc. Council agreed to share the proposals with the EDA. A consensus was reached to table this item until City Administrator Herlofsky feels it is appropriate to bring it back to Council. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Wilson: be an excellent addition. He welcomed City Administrator Herlofsky and felt he will He attended the Mayor/Managers meeting. A survey was done of Dakota County residents about demographic groups. One thing he noticed pertained to communications. The survey indicated residents would support more revenue being directed towards communications if they received a better understanding of what local governments do and why they do it. Websites and more print communication are well received. An update was received regarding Vermillion River Crossings and a change in the project management team. He can appreciate a change of plans in business, but there is a lot of interest in economic development by residents. The developer came to one meeting and was very accusatory towards the Council and the management team indicating that Council Minutes (Regular) May 1, 2006 Page 9 people in the City were not excited about the project, that staff did not want the project, etc. This Council and management team wants this project. There is no one in City Hall or in the entire City that is against good, smart, commercial development. Councilmember Wilson did not think it was acceptable for the City to be treated as a second rate City, as a second rate Council, as a second rate management team, and be lead around by a developer who does not have as much interest in the project as we do. Councilmember Wilson would like to see a couple Councilmembers and the management team meet with the new project team, find out what their intentions are, communicate Council's interest in having the project, etc. He felt the City needed to be more proactive in this regard. He wants residents to know this Council and staff are working hard to get this done. Councilmember Pritzlaff: He was disappointed there is a delay in the Vermillion River Crossings project. He felt it would be great to have a workshop with the developer to discuss the delay face to face. He received an e-mail regarding code violations on 808 2nd Street. There have been three violations. Part of him has no sympathy, give them a notice, and they do not need to know when it will be re-inspected. This seems to be a reoccurring problem and felt it should have been handled differently from a staff standpoint. Mayor Soderberg stated they have avoided up until now having a code enforcement officer. Violations have been handled on a complaint basis. That could be discussed for the 2007 budget or beyond. If there is a concern about how staff is handling a particular situation, it should be taken up with the City Administrator. Councilmember Pritzlaff stated he would not support having a code enforcement officer as he is not out to look for someone. When he has a resident that calls and a person as three violations he has to look at the situation. He distributed some information from the last Cedar Group meeting. City Administrator Herlofsky: Thanked Council for the opportunity. Finance Director Roland: Appreciated the sentiments of Council and the management team. She also thanked staff for their support and hard work. Community Development Director Carroll: There will be a session on Economic Development I 0 1 by Dakota Electric on May 9, 2006 from 6:30 - 8:30 p.m. Police Chief Siebenaler: Council authorized the disposal of 49 bikes as excess property at Peddler in the Park on May 13, 2006 by silent auction. He encouraged anyone missing a bike to contact the Police Department and describe it. The biggest single portion of any taxpayer's tax bill goes towards public safety. A large portion of that goes towards personnel and another portion to buy equipment. On May 18, 2006 at the Western Service Center in Apple Valley there will be a Public Safety Day Council Minutes (Regular) May 1,2006 Page 10 display. This will be the biggest single display of public safety equipment and personnel in Dakota County. It will be held from 5:00 - 9:00 p.m. Parks and Recreation Director Distad: On May 6,2006 will be the Pond and Park Clean-Up Day from 9:00 - 11 :00 a.m. There will be an appreciation lunch at Rambling River Park at 11 :30 a.m. Following that will be an Earth! Arbor Day celebration. Administrative Services Director Shadick: As part of the May Preservation Month celebration, the Heritage Preservation Commission will be conducting a tour of a historic home at 520 Oak Street, owned by Steven and Lisa Bolduc. The tour will be May 17, 2006 from 5 :00 - 6:00 p.m. and it is open to the public. Mayor Soderberg: The City has been selected as a Tree City USA. He asked about the Citizen's Police Academy. Police Chief Siebenaler replied 12 applications have been received and they are still coming in. There is still room available. Last Friday was Arbor Day in Farmington. A number of trees were planted in Silver Springs Park with the 5th graders from Akin Road Elementary. They also participated in a poster contest and the posters are on display at City Hall. They did a great job with the artwork. He noted May 2,2006 is the 30 year anniversary of Police ChiefSiebenaler in police servIce. Mayor Soderberg attend the Mayors/Managers Conference and it was regarding emergency management and emergency planning. The conference helped him realize the amazing leadership Police Chief Siebenaler displayed in the storm event last year. The City is currently in the process of updating the Emergency Management Plan. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:06 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~/Y?~ ( ~ Cynthia Muller Executive Assistant COUNCIL WORKSHOP MINUTES May 2, 2006 1. CALL TO ORDER Mayor Soderberg called the meeting to order at 5:00 p.m. Present: Soderberg, McKnight, Pritzlaff, Wilson Absent: Fogarty 2. APPROVE AGENDA Council approved the agenda. 3. EXECUTIVE SESSION - Discuss ISD 192 Litigation Council went into closed session to discuss ISD 192 litigation. 4. CITY HALL PLANNING Council reconvened into open session at 5:54 p.m. Mr. Mike Cox, Wold Architects, requested approval of the guiding principles and reviewed the list of goals. They included that City Hall should be located in the downtown area, it should serve as an anchor to the downtown and the Spruce Street corridor, there should be enough room for future growth for 20 years, it should be a multi-level building, it should preserve the Farmington image and be complimentary to downtown or set a new standard for downtown, the building should be a model, and it should strengthen the downtown. Staff wanted to make sure this Council was on board with these values and principles especially that City Hall should be located in the downtown area. The entire Council agreed it should be downtown. City Administrator Herlofsky felt the process that should take place based on those principles is have the City employees look at what they think the growth will be. You want to design the internal structure first and then design the outside. Councilmember Pritzlaff asked about City Hall being complimentary to the downtown or set a new standard. Mayor Soderberg noted Vermillion River Crossing is trying to compliment the downtown through architectural features and he would be disappointed if we did not do the same thing with City Hall. Use the prominent features, such as the arched windows and some of the facades on the older buildings. City Administrator Herlofsky stated in previous projects Wold has taken courthouses that have an interesting look and added to that campus with structures that complimented or blended with the current facility and still somehow provided direction of how things should be in the future. He suggested the idea of a green building that is energy efficient meaning lights go on and off when you walk in, things that make it less expensive to operate. Mr. Cox noted it is Wold's challenge to make it fit. Councilmember Wilson wanted it to be a foundation piece to re-vitalizing downtown. Councilmember Pritzlaffwould like to be involved in the layout and suggested touring other City Hall's. Mr. John McNamara, Wold Architects, noted they will be setting up a tour in the next couple months. Mr. Cox noted the library is close to the proposed Council Workshop May 2, 2006 Page 2 location. Councilmember Wilson stated a green building would have a lot of windows and natural lighting. Councilmember McKnight was on board with the guiding principles and was ready to move forward. Mayor Soderberg would like to see prominent architectural features in the downtown incorporated. Mr. McNamara distributed a new budget for the City Hall project. The cost would be $170 per sq. ft. which amounts to $6.6 million for the construction budget. There would also be the demolition of the Blaha building at 3rd and Spruce Street, fees, furniture, equipment, moving equals a total project cost of$8.6 million. There would also be revenue from the sale of the current City Hall building. Finance Director Roland stated the site was purchased by the former HRA. It was discussed to reimburse them from the proceeds of any bonding. The project could be financed through lease revenue bonds and lease the property from the EDA and the City would not need to pay them back for the land. City Administrator Herlofsky noticed the date on the estimate was April 11, 2006 and asked how long this is good. Mr. McNamara estimated out to the point of construction. Construction was scheduled for the spring of 2007. City Administrator Herlofsky suggested writing things down that people want to see in City Hall. The key is to look at the relationship between departments from a customer standpoint and make sure things are easily found by the public and accessible. The customer friendly items should be on the first floor. He suggested letting staff work with the architect on where things will be and Council will be kept informed. 5. CASTLE ROCK UPDATE In October 2004 meetings began with Castle Rock Township to improve the relationship. The Farmington Business Park was covered by an Orderly Annexation Agreement. Another piece of property to the south was annexed at the same time that was not covered by the annexation agreement. After that a Castle Rock Discussion Group was formed which included three township representatives and three City representatives. There was a road needed to access the business park and after discussions the road was annexed into the City. Also a couple properties have been annexed as a result of the Ash Street Orderly Annexation Agreement. The Castle Rock Discussion Group has been discussing a long term Orderly Annexation Agreement. There are a couple of basic provisions: 1. Owners have already approached the City about annexation. 2. There is a natural boundary. The agreement says that if the annexation is approved by the City and the Township any annexations that are requested by property owners within that area would not be contested by the Township. The parcels would be annexed by joint resolution. In exchange for that the City would not process annexations from other properties outside of the line in Castle Rock Township for a period of 10 years. This would be through December 31,2016. If half of the properties were annexed in the first five years and the remaining were annexed two or three years later, the 10 year period would remain in effect. There would be no agreement for anything beyond that time period. Council Workshop May 2, 2006 Page 3 There are some financial components of the proposal. The Ash Street Orderly Annexation Agreement does not address the issue of property taxes that would be paid on properties that were annexed pursuant to that agreement. The Township felt they were losing property tax revenue especially from commercial properties along hwy 3 and hwy 50. If the properties had been annexed by ordinance they would have been entitled to some additional property tax revenue. If you annex property by ordinance, in the first year following annexation the Township gets 90% of the property taxes that were paid to the Township in the year of annexation. The following year they receive 70%. After that it is 50%, 30% and 10%. City Engineer Mann noted the fact that there were not accommodations for the tax issue in the Ash Street Orderly Annexation Agreement was fully contemplated. He recalled conversations with township members that the fact that the City was fronting money for improvements that benefited township properties without any real participation on the township side factored into the final Orderly Annexation Agreement. City Attorney Jamnik stated the City intentionally did not extend the tax reimbursement scheduled phase in to match up with City services because the City was going to extend services immediately to those properties upon annexation and they were immediately going to be incorporated. The City did not give the Township any phase-in on their taxes nor did the City pay the Township anything to front end more of the road construction than the normal share that was discussed in the agreement. (Councilmember Wilson left at 6:35 p.m.). Community Development Director Carroll stated they performed the calculations on the properties that have been annexed and also for commercial properties that have not yet been annexed. A compromise was discussed whereby the City would pay the Township what it would have been entitled to under statute for only the commercial properties. If there was a conscious decision on the City's part to not have those property taxes paid to them, and Council is still in agreement, that portion can be removed from the agreement. The amount for the properties annexed so far is almost $11,000. City Attorney Jamnik noted some of the factors such as the City's contribution to the Ash Street project argument for not extending the reimbursement will not be present here and the acreage annexed on a per annexation basis is probably larger so the City would have a greater impact on the township, both of these factors the absence of one and the presence of the other argues for including this in this agreement and it is not uncommon to add in that reimbursement. City Engineer Mann stated the issue of not having the graduated tax had to do with the fact the City upfronted hundreds of thousands of dollars worth of infrastructure to benefit township properties. In addition the City paid $60,000 of the township's engineering costs for their engineers to review our plans to make sure they were okay. There is a significant amount of money the City put out for that project and that is why it was fully contemplated to not have this in the agreement. Councilmember McKnight felt we are too far along on this agreement to not do this part. Looking at the next part of potential money, this is pennies. Community Development Director Carroll noted the fundamental objection the Township representatives had was the impact on the Township financially by the cost involved in maintaining and improving roads that they believed would be necessary to serve the development occurring within the City. The agreement proposes the City would share with the Township 50% of the property tax revenue paid on improved properties in the first year after they were improved. This would be a one time payment from the City to the Council Workshop May 2, 2006 Page 4 Township. It would go into a special account established by the Township and characterized as a road and bridge account. This money could only be used for the purpose of improving the identified roadways in a certain sequence identified in the agreement. There is a provision that would allow the Township to retain a percentage of the payment as administrative costs. If the funds were not used by the Township, they would come back to the City at the conclusion of the 10-year period. The Township asked for a provision that if the City and the Township entered into another Orderly Annexation Agreement at the end of the 10 years for an area beyond this area, whatever funds left in the account could be retained for other roadway improvements within the newly annexed area. To calculate the amount staff has removed potential school sites, the fairgrounds, privately owned parcels that already have homes on them, and looked only at currently vacant properties and subject to redevelopment. The property taxes would amount to $832,644. The agreement says 50% of that would be transferred into the road and bridge account the first year. Staff proposed Council consider this type of revenue sharing. The benefit would be the City is looking at development on a regional basis and it is not unilateral development. The Township would be partners with the City. Councilmember McKnight noted even for properties inside the line annexation would be property owner driven. Council needs to decide if they are willing to look at this potential type of sharing and at what percentage. Mayor Soderberg agreed with the concept because it is being used for specific road improvements. He would like to find out more about the fund and if that would accumulate so they could use the entire fund to build segment A or will Castle Rock have some revenue sharing involved in the improvements. Councilmember McKnight replied if road A has to be built, this fund will not be the source of that, there will be a developer. For road B, that would be a school district issue. Roads C and D are a different story. Finance Director Roland noted if the interest accumulates it would be used for the road fund. Councilmember McKnight noted it is in the agreement they cannot spend anything over $1,000 without the City's consent. Community Development Director Carroll stated they have estimated 600 residential units being built on the east side ofhwy 3. If there are roads that are improved that are in the township, but are adjacent to those developments, the primary beneficiaries of those improvements would be City residents. Council will review the information. 6. ADJOURN The meeting recessed at 7:07 p.m. and will reconvene at 6:00 p.m. on May 6,2006. Respectfully submitted, /.. /.. c:'X/, - r ?'Y7 ~&~ CL/ .~.<--- _ 1::. L~ ;~ Cynthia Muller Executive Assistant COUNCIL/SCHOOL MINUTES May 6, 2006 The Farmingtolll City Council conducted a joint special meeting with the ISD 192 School Board on Saturday, May 6, 2006 at 6:00 p.m. at the Dakota Electric Association Offices, 4300 200th Street West, Farmington. 1. CALL TO ORDER. The School Board meeting was called to order by Chair McKnight at 6:06 pm and the City Council meeting was called to order by Mayor Soderberg at 6:08 pm. 2. PLEDGE OF ALLEGIANCE. The Board and Council led the audience in the Pledge of Allegiance. 3. ROLL CALL. City: Soderberg, Fogarty, McKnight, Wilson, Pritzlaff School: McKnight, Weyandt, Manthey, Davis, (Privette and Donnelly absent, Chair McKnight noted that Mr. Donnelly would abstain if present due to his property abutting the proposed site). 4. INTRODUCTORY COMMENTS BY MEDIATOR JAMES GILBERT. The Mayor and Chair made introductory comments regarding the meeting and agenda. Retired Associate Justice of the Minnesota Supreme Court James Gilbert was introduced. Justice Gilbert provided information regarding his involvement in a mediation process between the City and School regarding the pending litigation over the school site. He discussed the complexity of the case and the nature and duration of the mediation process, which comprised four full days of meetings between school and city representatives, including in addition to legal counsel for the parties, Chair Julie McKnight, Boardmember Weyandt, Supt. Meeks, and Engineer Kaldunski for the school, and Mayor Soderberg, Councilmember Fogarty, and Engineer Mann for the city. At the conclusion of his comments, Justice Gilbert introduced legal counsel for the parties to describe the details of the proposed settlement. 5. JOINT PRESENTATION BY LEGAL COUNSEL FOR SCHOOL AND CITY. Jeff Carpenter, the school's counsel, indicated that what is proposed is a full and complete settlement, which will be phased in as certain steps in the process are met. It contemplates a temporary stay of litigation and staging the dismissal of the litigation upon City and Met Council actions. The high school is to be constructed on the 125022 1 Christensen property, and public infrastructure to be constructed by the school as part of the project will include sewer and water oversized for eventual growth in the area, the paving of Flagstaff Avenue from County 50 to the Lakeville border, the phased/staged construction of20Sth Street delayed along the northern border of the site until202nd is constructed in Lakeville, and noted that with pending bond legislation sought to help construct school that he recommends approval of settlement. Cliff Greene, counsel for the City then commented that mediation was pursued at the direction of District Court Judge Messerich, and that the parties realized that not only would it take a long time and great expense to go through litigation, they entered mediation with a mutual understanding that both boards had a duty to seek settlement if settlement is possible. He also recommended approval of the settlement and detailed the main themes from the City's perspective of maintaining the integrity of the City's comprehensive plan and ensured adequacy of infrastructure with cost recovery/cost reimbursement. 6. SCHOOL DISTRICT ACTION Motion by Weyandt, second by Manthey to approve the settlement agreement. Motion passed 4-0. 7. CITY COUNCIL ACTION Motion by Fogarty, second by McKnight to approve the settlement agreement and direct staff to take steps to effectuate the settlement. Roll Call: Fogarty, McKnight, Soderberg and Wilson voted aye, Pritzlaff voted nay, motion passed 4-1. 8. FINAL COMMENTS BY JUSTICE GILBERT Justice Gilbert then read a joint public statement.prepared on behalf of the school and city. 9. COMMENTS FROM AUDIENCE, SCHOOL AND CITY OFFICIALS Comments were taken from the audience. Jerry Ristow commented indicating support for the selected site and.the settlement. John Gibertson thanked both bodies for resolving the litigation and noted the good will of all those involved and that nobody has anything to be ashamed of with regard to the process. Bryce Malme also thanked both bodies for their decision to resolve the dispute. Comments from individual councilmembers and boardmembers, as well as from Superintendent Meeks and Administrator Herlofsky were made. 125022 2 125022 10. ADJOURNMENT Motion by Manthey, second by Weyandt to adjourn the School Board meeting at 6:48. Motion passed 4-0. Motion by Fogarty, second by McKnight to adjourn the City Council meeting at 6:48 Motion passed 5-0. 3 76 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator ) FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Lighting Improvements at Schmitz-Maki Arena DATE: May 15,2006 INTRODUCTION The Schmitz-Maki Arena currently uses a metal halide lighting system to light the area over the ice surface. DISCUSSION Staff has received a proposal from Xcel Energy to make lighting improvements at the Schmitz-Maki Arena. The proposal would be to replace the existing metal halide lighting system with a more energy efficient T8 fluorescent lighting system. The benefits of doing so include: $ less energy consumption through a more efficient lighting system $ reduced energy costs for lighting the arena during games, practices and other ice events $ a T8 bulb has a life of up to four years and a metal halide bulb has a life of one to two years, which will result in a reduction in the frequency of replacing the bulbs $ instant lighting, which means no longer having to wait for metal halide bulbs to warm up $ the cost of an individual T8 bulb is significantly less than a metal halide bulb $ reduced cost to properly dispose of bulbs $ brighter illumination of the ice surface The City in the past did make an energy improvement at the arena by having a low-e ceiling installed that reduced the amount of heat loss in the building. Approving the lighting system improvements would be a continuation of the City's past practices of trying to conserve energy, while reducing operational costs. If the lighting system improvements were approved, Xcel Energy would be able to complete the work sometime in either July or August so that the new lighting system would be in place for the next winter ice season. BUDGET IMPACT Attached is Exhibit A that Xcel Energy submitted. Exhibit A outlines the cost to install the new lighting system and a summary of what the cost savings will be on a monthly basis. The important thing to note is that Xcel Energy currently provides a rebate that covers just under half (48%) of the cost to install the new lighting system. However, Xcel Energy has indicated to staff that they anticipate that there rebate funding will be depleted by the end of June 2006. As you can see by the summary, Xcel Energy is projecting that the cost of improving the lighting system will pay for itself after 3.3 years based on the monthly energy savings of$247.38. Staff feels that the payback will actually be sooner because the actual hours of the ice arena operations are longer than what Xcel Energy has identified. The upfront cost of $9,830.65 (after rebate of $8,937.60 from Xcel Energy is applied) for this lighting improvement will be paid from the amount of money remaining from the budgeted amount for a new Olympia ice resurfacer. If you remember the bid accepted for the purchase of new Olympia ice resurfacer was $12,822 less than what was budgeted in the 2006 Capital Outlay Fund budget. ACTION REQUESTED By motion approve the lighting system improvements at the Schmitz-Maki Arena. ~ctfullY Sub~i~eJ7 'K~'&iGv Randy Distad, Parks and Recreation Director cc: Dwight Bjerke . >..... ~ Q) u-' -,: ~.~ - z'-~ ,-, v ... ~'\ ~ =- ~ \ \~ ,- -+- ~ ~ --- - ~--:. -.1 ~ '-l ~ , .~ -~ ~ ,.... ~ ~ ~ j,;S '" (S -... r_ -..; I ~ c~ -- -S 'j.. 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N 00 n !,-~! t -.J,:""1 i ::1 \ (~i' j i L--J ;0++. ;:.; - ~ p p: '-0 o o 0l -- 0\ .--- -- "i" Q) -<-' '"" i3 ;::I ~ ~ z Q) v "5 S "0 III .8 -B rfJ ;::I [fj u Of) ~ .3 1;) ] i ~ " ,.c; ~ 0 Of) rn 0\ I III " - tll; -----1 ~ N I ,'~ p., .- ..... J: en .- ..J .... d: ~ ,:J..._;:;'" 0";= 0 o 0 N 00 :::E ;;E t-.:-:..i..-.. 0";=;0 o 0 ;~ 00 "0 III i3 :; :E ;:>.. ;:>.. 0.80 o 0 N 00 rfJ Q) ;::i f-< ::;s ::E ;:>"0;:>" 0... 0 o 0 N 00 5 ::;s ::;s ~ ;:>.. ;:>.. g.8g N 00 7<:-, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrato(} -..." FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve City Hall Maintenance Service Agreement DATE: May 15,2006 INTRODUCTION The City has had in the past an annual agreement for the servicing of the City Hall heating, ventilation and air conditioning mechanical systems. DISCUSSION Schwab, V ollhaber and Lubratt Service Corporation (SVVSC) has submitted an agreement to the City for the servicing of the City Hall Heating, Ventilation and Air Conditioning mechanical systems. Attached is the Service Agreement. As you can see in the Service Agreement, two inspections and seasonal maintenance is covered. Additionally, the City has used SVVSC for emergency service work in the past when the air conditioning and/or heating systems break down. The Service Agreement provides for a 10% discount on any services performed beyond what is referenced in the Service Agreement. BUDGET IMPACT The cost of the annual Service Agreement is $1,337.00. There was $1,500.00 identified in the 2006 Building Maintenance budget to cover the cost of the annual Service Agreement. ACTION REQUESTED Approve by motion the attached Service Agreement with SVVSC. R~_~" tfuI,ly Subm, itted, 7 " };\ .:.../J-!; .,/ I /P-t~ jJ~' CdY Distad, Parks and Recreation Director cc: Dwight Bjerke SCHWAB · VOLLHABER · LUBRATT SERVICE CORPORATION 4600 CHURCHILL STREETS ESRvtiQt.8v1J6j'{:tl:REIeMEN; PHONE: (651) 481-8000 . FAX: (651) 481-0186 We propose the following maintenance program on the equipment located at: Farmington City Hall 325 Oak Street Farmington, MN 55024 Eauipment Covered (1) Tjernlund Furnace Air Handler (1) Trane 25-Ton Condensing Unit (2) Lennox Heating/Cooling Rooftop Units Preventative Maintenance A. Inspections: Two (2) times per year · Leak test for refrigerant loss. · Check oil level, add as required. . Check and adjust safety and operating controls. . Check overall performance: pressures, volts, amps, entering and leaving temperatures, etc. · Check filters, change if necessary. · Inspect and adjust belts. . Start-up and checkout of refrigeration each spring. . Start-up and checkout of unit heating system each fall. B. Emergency Service: Hourly rates for services beyond the scope of this contact will receive a 10% discount on our standard service rates. Service rates are subject to change during the term of this agreement C. Seasonal Maintenance: · Clean condenser coils. . Check and tighten electrical connections. D. Remarks: Refrigerants, parts, and filters will be invoiced separately. NOTE: Schwab-Vollhaber-Lubratt is not responsible for winter freeze-ups. ANNUAL COST OF CONTRACT: $1,337.00 HEATING . AIR CONDITIONING & VENTILATING EQUIPMENT. SPECIAL HEAT TRANSFER · CLEAN ROOMS TERMS OF SERVICE AGREEMENT 1. Contract automatically renewable annually at the end of the original term (price subject to revision) and may be cancelled by either party any time during the term by giving at least thirty (30) days written notice. Failure to keep your account current shall release Schwab-Vollhaber-Lubratt of performance of this contract. 2. We warrant that all work will be performed in a professional manner by competent technicians. There are no other warranties, express or implied, and we shall not be liable for consequential damages nor expenses incurred in removing, replacing, or refinishing any part of the building structure necessary to the execution of this agreement. We shall not be liable for loss or damages due to delays or inability to perform as a result of strikes, transportation delays, governmental intervention and/or regulations or other causes beyond our control. The sole remedies for any breach of our warranty are re-performing the work or refunding the price of the work at our option. 3. Repairs, replacements and emergency service occasioned by improper operation, negligence, and misuse of the equipment or due to any cause beyond our control shall be invoiced at prevailing service rates. Repairs, replacements, inspections or modifications required by insurance companies, government, state, municipal or other authority shall be invoiced at prevailing rates. 4. Schwab-Vollhaber-Lubratt shall not be responsible for air balance, ductwork, electrical disconnect switches, recording or portable instruments, gauges or thermometers, appearance of decorative cabinets or corrections to design or installation. The specific labor and materials on the face of this contract will be furnished for the sum of $1.337.00 payable net 30 days after invoice Respectfully submitted, Schwab-Vollhaber-Lubratt Service Corp. By David ~~;~t~;ger Date: ~~~~ Accepted by: Title: Date: Contract For The Year: May 1, 2006 - April 30, 2007 7d City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrat~(d _':-J FROM: Randy Distad, Parks and Recreation Director RE: Park Master Planning Schedule DATE: May 15,2006 BACKGROUND The Parks and Recreation Department has over the past three years undertaken a process of conducting public meetings to gather input on the master planning of City parks. DISCUSSION Included with this memo in Exhibit A is the public meeting schedule for the 2006 park master planning process. As you can see by the schedule, the first public open house will be held on Tuesday, May 23rd to gather input on the development of park master plans for Daisy Knoll, Dakota County Estates, Westview Parks and the park area in the Mystic Meadows Second Addition. Staff will be notifying residents within 350 feet of the parks about the master planning process and the schedule that will be followed. The park master planning schedule will also be put on the City's web site. Should the timeline for completion stay on schedule, the City Council will be asked in September to approve the park master plans for these four parks. RECOMMENDATION This item is for informational purposes only. /!Sj/Clf:1YJ)#J Mtad Parks and Recreation Director Ex. h\\c'J t\ 2006 Master Planning Schedule for Daisy Knoll Park, Dakota County Estates Park, Westview Park and Mystic Meadows 2nd Addition Park Area I First Public Open House: Date: Time: Where: Why: Tuesday, May 23, 2006 6:00-6:30 p.m. Daisy Knoll Park 6:30-7:00 p.m. Dakota County Estates Park 7:00-7:30 p.m. Westview Park 7:30-8:00 p.m. Mystic Meadows 2nd Addition Central Maintenance Facility on Pilot Knob Road and 19ih Street To gather input from residents on the development of park master plans (park design) for Daisy Knoll Park, Dakota County Estates Park, Westview Park and Mystic Meadows 2nd Addition Park. I Second Public Open House: Date: Time: Where: Why: Tuesday, June 20, 2006 6:00-6:30 p.m. Daisy Knoll Park 6:30-7:00 p.m. Dakota County Estates Park 7:00-7:30 p.m. Westview Park 7:30-8:00 p.m. Mystic Meadows 2nd Addition Central Maintenance Facility on Pilot Knob Road and 19ih Street Review and provide feedback on the initial draft park master plans for Daisy Knoll Park, Dakota County Estates Park, Westview Park and Mystic Meadows 2nd Addition Park. I Third Public Meeting: Date: Time: Where: Why: Wednesday, August 9,2006 6:00 p.m. Park and Recreation Advisory Commission (PRAC) monthly meeting in City Hall Council Chambers. PRAC will view and provide comments on the second drafts ofthe park master plans for Daisy Knoll Park, Dakota County Estates Park, Westview Park and Mystic Meadows 2nd Addition Park. Park and Recreation Advisory Commission will make a recommendation to the City Council based on its input and further input received from the public during its meeting. I Fourth Public Meeting: Date: Time: Where: Why: Monday, September 18,2006 (tentative date) 7 :00 p.m. City Council Meeting in City Hall Council Chambers Final draft of the park master plan presented to the City Council for approval. 7e... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /l TO: Mayor, Councilmembers, City Administrator ;! FROM: Patti Norman, Recreation superViSO~ SUBJECT: Adopt Resolution Accepting Donations for the 2005 Spring Skating Competition DATE: May 15,2006 Introduction Donations were received for the 2006 Spring Skate Competition from the businesses shown in Exhibit A. DISCUSSION The 4th Annual Spring Skate Competition was held on Saturday, March 25,2006 at the Schmitz Maki Arena. The businesses identified in Exhibit A donated money to assist in making the skating competition a unique, fun and affordable event for all participants. The money donated was used to off set program costs. Staff will communicate the City's appreciation on behalf of the Council to the businesses for their generous donations. ACTION REQUESTED Adopt the attached resolution accepting the donations for the 4th Annual Spring Skating Competition from businesses identified in Exhibit A. Respectfully Submitted, ( . ) '. (---", '--- '~. , ~ c:~.'''-l;. '-...........(____-"_____ ,~ .",----- Patti Norman Recreation Supervisor '~ EXHIBIT A 2006 Sprine: Skatine: Competition Donations Company Name Item Sports Star Photography Corp. ................................ ...Monetary Donation $86.11 Jump 'n Style Skateware.......................................... Monetary Donation $82.00 Northwest Designs................................................ . Monetary Donation $112.70 RESOLUTION No. ACCEPT DONATIONS FOR THE 4th ANNUAL SPRING SKATE COMPETITION FROM BUSINESSES IDENTIFIED IN EXHIBIT A Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of May, 2006 at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, the businesses identified in Exhibit A have donated money to offset costs associated with the 4th Annual Spring Skate Competition; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donations of money from businesses identified in Exhibit A. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of May, 2006. Mayor Attested to the 15th day of May, 2006 City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7.( TO: Mayor, Council Members, City Administrator t! FROM: Robin Roland, Finance Director SUBJECT: Adopt Resolution - Authorizing Bond Sale DATE: May 15, 2006 INTRODUCTION Funding is necessary for the construction of the Spruce Street Extension Project, the Hill Dee reconstruction project and the 2006 Mill and Overlay project. DISCUSSION & BUDGET IMPACT The Spruce Street Extension project will be funded by a $955,000 grant from the Met Council, $583,376 in Storm Water and Water fund cash contributions and $2,745,000 in bonds. The bonds will be repaid by $2,000,000 in special assessments against properties in the Vermillion River Crossings development as agreed upon in their development agreement. The Hill Dee reconstruction project will be funded by $730,000 in cash contributions from Sewer, Storm Water and Water funds and $2,480,000 in bonds. The bonds will be repaid by special assessments to benefiting properties and an annual tax levy. The 2006 Mill and overlay project will be funded by $275,000 in bonds and $195,000 in cash contribution from the Road Construction fund. The bonds will be repaid by special assessments to benefiting properties. Copies of the preliminary Bond Sale Report are attached to this memo. The bonds have a fifteen year repayment structure. The structure outlined in the preliminary report minimizes repayment amounts in the first three years of the bonds. As assessments in the Vermillion River Crossings area will be deferred until actual development occurs, this will reduce the amount of funds the City will need to front on the bonds until collections of assessments actually begin (which is anticipated in year three and beyond). ACTION REQUIRED Adopt the attached resolution calling for the sale of$5,500,000 G.O. Improvement Bonds, Series 2006A, on June 19,2006 Respectfully submitted Ei1!1 J Robin Roland Finance Director City of Farmington, Minnesota Pre-Sale Report May 15, 2006 Proposed Issue: $5,500,000 G.O. Improvement Bonds, Series 2006A Purpose: Finance infrastructure improvements including streets, sewer, water, and storm sewer for the Spruce Street Extension, the reconstruction of Hill Dee, and the 2006 Mill and Overlay project pursuant to Chapter 429. Description/Risks: The special assessments for the Spruce Street Extension will not commence until development occurs. The principal portion of the bonds for this project has been delayed until 02/2011 to allow additional time for the construction to occur. The special assessments for the Hill Dee Reconstruction project will be levied in 2006 for collection in 2007. Attached is an estimated schedule which outlines the debt service schedule and the anticipated special assessment collections and estimated levies. If the construction does not occur according to the schedule, or if special assessments are prepaid, the City will need to pay for debt service on the Bonds from other sources, including a potential tax levy. Term/Call Feature: The bonds would carry a term of 15 years with principal payable on February 1 from 2008 to 2022. The Bonds will be callable on February 1,2013 for principal maturing on February 1,2014 and later. Funding Sources: The maturity schedule, sources and uses, and expected revenue estimates are attached. Special assessments and a tax levy are anticipated to pay the debt service for the Spruce Street Extension and Hill Dee Reconstruction projects. The Mill and Overlay Project will be a tax levy. The City will be contributing an estimated $1,508,376 to the projects from the sanitary sewer, storm water, and water funds. In addition the Metropolitan Council is contributing $955,000 in grants to the Spruce Street Extension Project. Discussion Issues: The bonds would be rated by Moody's Investor's Service. The City's current rating is A2. Schedule: Pre-Sale Review: Distribute Official Statement: May 15,2006 Week of June 5, 2006 Week of June 12,2006 June 19,2006 Week of July 10,2006 Rating Interview: Bond Sale: Estimated Closing Date: Attachment: Debt Service and Estimated Cashflow Schedule Resolution authorizing Ehlers to proceed with bond sale Ehlers Contacts: Financial Advisors: Bond Analysts: Sid Inman (651) 697-8507 Shelly Eldridge (651) 697-8504 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 Bond Sale Coordinator: The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. e EHLERS &. ASSOCIATES INC U); 0:::= w~ ..J~ :z:~ LU: . ." Z .; :!; ~ C III o W Cl .. c: '3 'E ~ ... 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'" Q) co '" c;; r-: '" '" "- N ;?Ii r-: N Q) N <!i Q) N co ..,. a '" '" '" N a a a o a '" on (0 a a N "' "' City of Farmington, MN Cash Flow Analysis/Debt Service Schedule I ~A~t~I~E~'~ Shelly Eldridge/Sid Inman Financial Advisors 651-697-8504/8507 1-800-552-1171 Spruce Street Improvements G. O. Improvement Bonds, Series 2006A Par Amount of Bonds Met Council Grant Cash Contribution Total Sources 2,745,000 955,000 583,376 4,283,376 Total Underwriter's Discount (1.500%) Costs of Issuance Deposit to Project Construction Fund Capitalized Interest Rounding Amount Total Uses 41,175 19,465 3,980,867 239,210 2,659 4,283,376 Principal Levy Collect Payment Bond Bond Bond Cap Total Total Year Year Date Principal Rate Interest Interest P&I +5.00% 2005 2006 2/1/2007 63,703 (63,703) 0.00 0.00 2006 2007 2/1/2008 4.00% 117,005 (117,005) 0.00 0.00 2007 2008 2/1/2009 4.00% 117,005 (58,503) 58,502.50 61,427.63 2008 2009 2/1/2010 4.10% 117,005 117,005.00 122,855.25 2009 2010 2/1/2011 180,000 4.10% 117,005 297,005.00 311,855.25 2010 2011 2/1/2012 190,000 4.15% 109,625 299,625.00 314,606.25 2011 2012 2/1/2013 195,000 4.15% 101,740 296,740.00 311,577.00 2012 2013 2/1/2014 205,000 4.20% 93,648 298,647.50 313,579.88 2013 2014 2/1/2015 215,000 4.20% 85,038 300,037.50 315,039.38 2014 2015 2/1/2016 220,000 4.25% 76,008 296,007.50 310,807.88 2015 2016 2/1/2017 230,000 4.25% 66,658 296,657.50 311,490.38 2016 2017 2/1/2018 240,000 4.30% 56,883 296,882.50 311,726.63 2017 2018 2/1/2019 250,000 4.30% 46,563 296,562.50 311,390.63 2018 2019 2/1/2020 260,000 4.35% 35,813 295,812.50 310,603.13 2019 2020 2/1/2021 275,000 4.35% 24,503 299,502.50 314,477.63 2020 2021 2/1/2022 285,000 4.40% 12,540 297,540.00 312,417.00 2,745,000 1,240,738 (239,210) 3,746,528 3,933,854 1 Includes engineering, administration, and contingency. City of Farmington, MN Cash Flow Analysis/Debt Service Schedule I ~A~t~I~E~'~ Shelly Eldridge/Sid Inman Financial Advisors 651-697-8504/8507 1-800-552-1171 Mill and Overlay G. O. Improvement Bonds, Series 2006A City Ony Par Amount of Bonds Cash Contribution Total Sources 275,000 195,000 470,000 Total Underwriter's Discount (1.500%) Costs of Issuance Deposit to Project Construction Fund Capitalized Interest Rounding Amount Total Uses 4,125 1,950 465,000 (1,075) 470,000 Principal Levy Collect Payment Bond Bond Bond Cap Total Total Year Year Date Principal Rate Interest Interest P&I +5.00% 2005 2006 2/1/2007 0.00% 6,328 6,328 6,644 2006 2007 2/1/2008 15,000 4.00% 11,623 26,623 27,954 2007 2008 2/1/2009 15,000 4.00% 11 ,023 26,023 27,324 2008 2009 2/1/2010 15,000 4.10% 10,423 25,423 26,694 2009 2010 2/1/2011 15,000 4.10% 9,808 24,808 26,048 2010 2011 2/1/2012 15,000 4.15% 9,193 24,193 25,402 2011 2012 2/1/2013 15,000 4.15% 8,570 23,570 24,749 2012 2013 2/1/2014 15,000 4.20% 7,948 22,948 24,095 2013 2014 2/1/2015 20,000 4.20% 7,318 27,318 28,683 2014 2015 2/1/2016 20,000 4.25% 6,478 26,478 27,801 2015 2016 2/1/2017 20,000 4.25% 5,628 25,628 26,909 2016 2017 2/1/2018 20,000 4.30% 4,778 24,778 26,016 2017 2018 2/1/2019 20,000 4.30% 3,918 23,918 25,113 2018 2019 2/1/2020 20,000 4.35% 3,058 23,058 24,210 2019 2020 2/1/2021 25,000 4.35% 2,188 27,188 28,547 2020 2021 2/1/2022 25,000 4.40% 1,100 26,100 27,405 275,000 109,375 384,375 403,594 1 Includes engineering, administration, and contingency. City of Farmington, MN Cash Flow Analysis/Debt Service Schedule I EHLERS I & ASSOCIATES INC Shelly Eldridge/Sid Inman Financial Advisors 651-697-8504/8507 1-800-552-1171 Hill Dee Reconstruction G. O. Improvement Bonds, Series 2006A Hill Dee Portion Par Amount of Bonds Cash Contribution Total Sources 2,480,000 730,000 3,210,000 Total Underwriter's Discount (1.500%) Costs of Issuance Deposit to Project Construction Fund Capitalized Interst Rounding Amount Total Uses 37,200 17,585 3,098,469 57,082 (337) 3,210,000 Principal Levy Collect Payment Bond Bond Bond Cap Total Total Year Year Date Principal Rate Interest Interest P&I +5.00% 2005 2006 2/1/2007 57,082 (57,082) 2006 2007 2/1/2008 125,000 4.00% 104,845 229,845 241,337 2007 2008 2/1/2009 125,000 4.00% 99,845 224,845 236,087 2008 2009 2/1/2010 130,000 4.10% 94,845 224,845 236,087 2009 2010 2/1/2011 140,000 4.10% 89,515 229,515 240,991 2010 2011 2/1/2012 145,000 4.15% 83,775 228,775 240,214 2011 2012 2/1/2013 150,000 4.15% 77,758 227,758 239,145 2012 2013 2/1/2014 155,000 4.20% 71,533 226,533 237,859 2013 2014 2/1/2015 160,000 4.20% 65,023 225,023 236,274 2014 2015 2/1/2016 170,000 4.25% 58,303 228,303 239,718 2015 2016 2/1/2017 175,000 4.25% 51,078 226,078 237,381 2016 2017 2/1/2018 185,000 4.30% 43,640 228,640 240,072 2017 2018 2/1/2019 190,000 4.30% 35,685 225,685 236,969 2018 2019 2/1/2020 200,000 4.35% 27,515 227,515 238,891 2019 2020 2/1/2021 210,000 4.35% 18,815 228,815 240,256 2020 2021 2/1/2022 220,000 4.40% 9,680 229,680 241,164 2,480,000 988,935 (57,082) 3,411,853 3,582,445 1 Includes engineering, administration, and contingency. Resolution No. Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $5,500,000 G.O. Improvement Bonds, Series 2006A A. WHEREAS, the City Council of the City of Farmington, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $5,500,000 G.O. Improvement Bonds, Series 2006A (the "Bonds"), to finance certain capital construction within in the City; and; and; B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at City Hall on June 19,2006, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this _ day of , _' City Clerk Prepared by Ehlers & Associates, Inc. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 3 TO: Mayor, Councilmembers, City Administrator@ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - Farmington Municipal Liquors DATE: May 15,2006 ACTION REQUESTED Approve the attached application for a Temporary Liquor License for Farmington Municipal Liquors, for June 15,2006. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. Per the Liquor Control Commission, the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Farmington Municipal Liquors qualifies as a non- profit organization. Therefore, no license fee is proposed at this time. SUMMARY Farmington Municipal Liquors is requesting a Temporary on-sale Liquor License for a wine tasting event, to be held June 15, 2006. This event will be held at Rambling River Park. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. Respectfully submitted, ~L 11. JI"o(cI~ 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 TYPE OR PRINT INFORMATION NAME OF ORGANIZATION -c L,',. STREET ADDRES -- 1 DAT7 O~GAN~~D CITY ~o\~ ~ "'~ \~ BUSINESS PHO (GSV '-{Co) - %G -;) I () TYPE OF ORGANIZATION / o CLUB DCHARITABLE DRELIGIOUS C!10THER NONPROFIT ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS \ ADDRESS ~ o,f , .....~)"'\j ORGANIZATION OFFICER'S NAME Location where license will be used. If an outdoor area, describe -~ \1....0\ "(V"\. '0\ ~ ~ C. i.J... ~ 1'.1.. .-\> I~ \ \< S,,-, ~,.... 'Mi\:6\1.J \ "\ . '\' . \... \ _ r.n I c> () f ~ ',J'J \". Y... '\ ~)\ .. \'II C . '-0.0 r) \' r'\ ~ b ()()o ~)v" -i \ ,,"" (! Will the applicant contract for intoxicating ~uor 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 name and amouI).t of coverage. (NOTE: Insurance is not mandatory.) -U llU" . e\.-.. Rut. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMTITING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY CITY FEE AMOUNT DATE FEE PAID DATE APPROVED LICENSE DATES 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) City of Farmington 325 Oak Street, Farmington, MN 55024 (65 I) 463-71 II Fax (651) 463-2591 www.ci.farroington.ron.us 7A TO: Mayor, Councilmembers, City Administrator (j' Lisa Shadick, Administrative Services Director FROM: SUBJECT: Liquor License Amendment - American Legion DATE: May 15, 2006 ACTION REQUESTED Approve the request from the American Legion to amend their Club Liquor License to include the area inside the six foot chained link fence behind the building. BUDGET IMPACT No fee has been established for this type of license amendment. SUMMARY Pursuant to City Ordinance 3-12-14, any enlargement, substantial alteration or extension shall not be allowed unless the council approves an amendment to the liquor license. The American Legion Post 189 currently holds a club liquor license for 2006. They are requesting an amendment to their license to include the area inside the six foot chained link fenced area behind the American Legion building. The Police Chief and City attorney have reviewed and approved the proposed request. Respectfully submitted, a::~d.~ad~ Lisa Shadick Administrative Services Director MA,!'-04-2006 10: 03 Ai'1ER I CAN LEG I Ol'j POST 189 Amtrfntn. Lgfon Clifford Larson Post 189 10 North 8th Street P.O. Box 186 Farmington, Minnesota 55024 Phone: (651) 460-9909 · Fax: (651) 460-8118 City of Farmington 325 Oak Street Farmington, MN 55024 May 3, 2006 Re: Amend liquor license To Whom It May Concern, 6514608118 P.01/01 The American Legion currently holds a club liquor license for the year of 2006. We would like this to be amended to not only include the inside premises and attached deck but also to include the area inside the six foot chained link. fenced area behind the American Legion. Sincerely, ~ Leonard Weisbrich Commander TOTAL P. 01 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers, City Administrator (] FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve Appointment - Heritage Preservation Commission DATE: May 15,2006 INTRODUCTION A vacancy exists on the Heritage Preservation Commission. The term for this appointment is from February 1, 2006 through January 31, 2009. DISCUSSION Mr. Kenneth Stewart has applied for this vacant seat on the Heritage Preservation commission. Earlier this evening at the Pre-Meeting, Council interviewed Mr. Stewart. ACTION REQUIRED Approve the appointment of Mr. Kenneth Stewart to the Heritage Preservation Commission to complete the term from 2/1/06 through 1/31/09. Respectfully submitted, ~d-J4cz~ Lisa Shadick Administrative Services Director ~' CITY OF FARMINGTON Page 1 of 1 CITY OF FARMINGTON APPLICA TION FOR BOARD OR COMMISSION APPOINTMENT Name I(CI't_M~--r-!-1 E. (~~C/V ') 577::=.:ZoAter Date of .il-i9-CJ ~ Application Address 17'107 GL-ILiZ.J..-/:)qb TI2~IL. ,c-~.,H'~q/7R.--6aytime Phone # r Employed by vW..uvp;;;;.Sdl)4 b6-pT. tYF ~C]-~S - Jilff- ;S/-W~ Board or Commi~sion you wish .to serv~ . /1 on j-/tE"l2I:T;U?L: h~r1/~ C/~u.cs~ Qualifications (cover pertinent educational background, employment positions and other experience on committees, boards, commissions, church and civic organizations, etc. You may attach any supporting information. ) At.-rr-ft>v(lP f" JM-~ /Ve> 5#~~Jr Bvt!A-~,4L 0-4- UP~ ~.;4/>~~6- tPvd../4C;Z:-c?A!r~5 /2.bL.~4-lZ-b 7P /lC1Z-~c: p,J/}.6~l4/~r~ ...z;- //y,us- . ;;Bc;~~C::- ..r /l--'7f::P6~~ :Du. -rt'le: #fS-;z;.,e1' ~ r~c r~~€Z7Vb~ C-t7144~qt./?!.;..$TY r !-f;4v'C c-~P6~-/-~~;I.-:> ~ ~ ~/LDS. ~ . ~~ C"-&PU-;<t-f r-Jre:E3 S'i..Pt!-#- J4S r;lc; j;) PC- J2G:'~T.,..7..z:;"'/ JU~/ r-e-~, ,k(PDu?6-g- 67/~'1'Z;-~VES/--:Z;-b,;Z--~-::;;' Ass /)~~i A-J<-'D sev~L . s;4F6r'l $ I,VaJL.- t'tn##..rrrezs..:z:- I41U ;tl- Ft1f2-rfa::-~~ ~..6~~ ~ B YE.7~;; ~.1::> t!-t:n~LIfL-~~~n~ vU/, ~p4.IU6~~r- /~~c::-. State briefly your reasons for seeking an appointment to this board or commission. -::z;;.V'V' r/fe:: f5 YA7f12--.5 y:: rve:- L...z-ve:D J:n.,.; r~~&~, ..::T //14-1/6- ~ , ~.~ C!.-~~~rJh4.rr-;-Ic ~(S /-/6>2-Z""n46/o ;j /lJ:S/-Z~ ~~ .;?~ ~t:JrT~ ~ r.#C t2:;,R.-mvrJi. rll-k ez:ry..:C'S efi-'S~~?, kY ~~~~ pJ ~#~~-r2- ~ r#'c ~: J i.VC1CJL-l> /-hI>e:- ~ C~~ /../a.-/> p~e: 5~C;- ~9F F~~o/~~ P,,4Sr-:3 fC-:b1:t!.A-n:,- p,/k;:::lI2--s /"?~..? P~..:t:i/t.?ly it pi/NT r...&!Jt.b.. ~ L~ References (list any references you wish that would be familiar with your qualifications for this position). ~Cbr;- ~/Le' ~ &"j Z - s56 - ~ 77'- IP'IZ-- 507 - Z~.3 - 3032- N.\-rvc~ ~ JA-{A-ftIL We::1361'2-C7 t, S/-c:J~o - L/~ 7/ SignatuT~ Date C .. ~f~1 ?:-C7~ http://www.ci.farmington.mn.us/Commission/B&Capp.htm 4/18/2006 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' u ~3 TO: Mayor, Councilmembers, City Administrat~ FROM: Tim Pietsch, Fire Chief SUBJECT: Appointment Recommendation - New Members DATE: May 15, 2006 INTRODUCTION The 2006 Budget provides for the addition of six new members to the Farmington Fire Department. This will bring the total compliment to 48 members. DISCUSSION Five candidates have passed the background check, driving records check, physical, drug test and physical agility testing. Jeff Allbee, Jason Greiner, Travis Johnson, Ken Kelly, and Chad Thelen meet the requirements to become Probationary Firefighters. BUDGET IMPACT Funding for these positions has been authorized in the 2006 budget. ACTION REQUESTED Approve the appointment of Jeff Allbee, Jason Greiner, Travis Johnson, Ken Kelly, and Chad Thelen to the Fire Department effective on May 22, 2006. Respectfully submitted, (I 2.~. ,. i - , -' .~/ \.. --~-c 6" Tim Pietsch Fire Chief <L-~ cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7k TO: Mayor, Councilmembers, and City Administrat00 FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Fire Department DATE: May 15,2006 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Fire Captain has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Captain position by the Fire Captain Selection committee, a contingent offer of employment has been made to Trent Larson, subject to ratification by the City Council. Mr. Larson has been a member of the Fire Department for 18 years. He has been a member of the rescue squad for 17 years and an engineer for 15 years. Mr. Larson meets the qualifications for the position. BUDGET IMPACT Funding for the positions is provided for in the 2006 budget. ACTION REQUESTED Approve the appointment of Trent Larson to the position of Fire Captain. Respectfully Submitted, -) " "I) ) (. " r ". t.._ / ;" . '. '. . /,_ I ( :' Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us .n , J TO: Mayor, Councilmembers, and City Administrator j FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Fire Department DATE: May 15,2006 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Fire Captain has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Captain position by the Fire Captain Selection committee, a contingent offer of employment has been made to Dan Meyer, subject to ratification by the City Council. Mr. Meyer has been a member of the Fire Department for 15 years and an engineer for 2 years. Mr. Meyer meets the qualifications for the position. BUDGET IMPACT Funding for the positions is provided for in the 2006 budget. ACTION REQUESTED Approve the appointment of Dan Meyer to the position of Fire Captain. Respectfully Submitted, , "./-"'~'l .)',/' ," ,{./ ,;'/ of, //' \~~ _ )1 <. /,\".(t 1,-..' r L /'C.././ ( ~( .:.::/; { Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us /I TO: Mayor, Councilmembers, and City Administrator :5 FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Fire Department DATE: May 15,2006 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Rescue Captain has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Rescue Captain position by the Rescue Captain Selection committee, a contingent offer of employment has been made to Brad Parker, subject to ratification by the City Council. Mr. Parker has been a member of the Fire Department for 17 years, a member of the rescue squad for 16 years and a Rescue Lieutenant for 6 years. Mr. Parker meets the qualifications for the position. BUDGET IMPACT Funding for the positions is provided for in the 2006 budget. ACTION REQUESTED Approve the appointment of Brad Parker to the position of Rescue Captain. Respectfully Submitted, , /'. ' ,.\.:. J , : ,t / . :! ~-- / (, '.f /:Jl. ( r Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us 7L TO: Mayor, Councilmembers, and City Administrator (j FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Adopt Resolution Designating Data Practices Responsible Authority DATE: May 15,2006 INTRODUCTION With a change in personnel, it is necessary to designate a Responsible Authority for Data Practices. DISCUSSION On September 19, 2005, the City Council designated the Acting City Administrator, Robin Roland, as the responsible authority under Data Practices. Since the action taken required the name and title ofthe responsible authority, it becomes necessary to designate a new responsible authority. ACTION REQUESTED Adopt the attached resolution designating the City Administrator, Peter Herlofsky, Jr., as the Responsible Authority for Data Practices. Respectfully submitted, '. .A' /'-t t,_ I Brenda Wendlandt, SPHR Human Resources Director cc: file RESOLUTION NO. R DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of May 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, The Minnesota Data Practices Law requires the City to appoint a Responsible Authority, NOW, THEREFORE, BE IT RESOLVED by the City Council ofFannington, Minnesota, hereby appoints Peter Herlofsky, Jr., in his term as City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes, This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of May 2006. Mayor Attested to the day of May 2006. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /h? TO: Mayor, Councilmembers, City Administrator (j FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Encroachment and Reimbursement Agreement - Spruce Street Extension Project DATE: May 15, 2006 INTRODUCTION Attached for Council's review and approval are an encroachment agreement and a reimbursement agreement regarding the construction of Spruce Street across the Northern Natural Gas Easement located west of Denmark Avenue. DISCUSSION The City needs to enter into the attached agreements in order for Spruce Street to be constructed across the Northern Natural Gas easement. Both agreements have been reviewed and recommended for approval by the City Attorney. The encroachment agreement allows the City to enter the easement and complete the proposed work for Spruce Street. The reimbursement agreement is related to improvements Northern Natural Gas will make to their gas lines due to the addition of fill over their lines. Northern Natural Gas has determined that they want to reinforce the joints of their gas lines as part of allowing the City to place additional fill on their lines. BUDGET IMPACT The reimbursement agreement requires that the City deposit $90,000 with Northern Natural Gas to cover the costs of reinforcing their lines. If the costs come in lower, the City will receive a refund for the difference. If the costs come in higher, the City will need to reimburse the difference. The costs for this reimbursement will be funded from the bond proceeds for the proj ect. ACTION REQUESTED Approve the attached encroachment and reimbursement agreements that will allow the construction of the Spruce Street alignment across the Northern Natural Gas easement. Encroachment and Reimbursement Agreement - Spruce Street Extension Project May J 5, 2006 Page 2 Respectfully Submitted, ~YM~ Lee M. Mann, P.E., Director of Public Warks/City Engineer cc: file File No.: 06-022 Line & Tract No.: MNM 80101-211 ENCROACHMENT AGREEMENT This instrument made and entered into this day of , 2006, by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation, (hereinafter referred to as "Northern"), with principal offices at P.O. Box 3330, Omaha, Nebraska 68103- 0330, and the CITY OF FARMINGTON, MINNESOTA (hereinafter referred to as "City"), and VERMILLION RIVER CROSSING, LLC, a limited liability company under the laws of the state of Minnesota and JAMES E. ALLEN and NANCY A. ALLEN, husband and wife (hereinafter referred to as "Owners"). WITNESSETH THAT: WHEREAS, Northern is the holder of an Easement granted by William Waterwise, a single man on the lih day of August, 1932 covering the following described premises in Dakota County, Minnesota: The East Half of the Southeast Quarter (E'l'2SEl/4) of Section Thirty-six (36), Township One Hundred Fourteen (114) North, Range Twenty (20) West; and which Easement was recorded on the 3rd day of October, 1932 as Document No. 131164 in Book 193 of Deeds at Page 332 in the Office of the Register of Deeds for Dakota County, Minnesota and defmed to three strips of land, each being seventy-five feet in width by a Modification and Amendment of Easement Grant executed the 13th day of October, 1976 and recorded on the 12th day of November, 1976 as Document No. 478698 in the Office of the County Recorder for Dakota County, Minnesota (hereinafter referred to as "Easement"); and WHEREAS, pursuant to the authority contained in said Easement, Northern has constructed and currently operates an 18-inch pipeline, a 26-inch pipeline and two 30-inch pipelines along with the right to install additional pipelines and facilities from time to time (hereinafter referred to as "Pipeline Facilities"), across and through the above described premises; and WHEREAS, the Owners are the present Owners of the following described real property, with Pipeline Facilities situated upon the following described land in Dakota County, Minnesota (hereinafter referred to as the "Owned Premises"): Outlot H, Outlot I and Outlot J, Vermillion River Crossings, being part of the East Half of the Southeast Quarter (E'l'2SEl/4) of Section 36, Township 114 North, Range 20 West. WHEREAS, after Northern has reinforced pipeline MNM-80101, the City plans to construct an extension of Spruce Street, limiting the unit weight of the backfill soil to 65 lbs/ft^3 for pipeline MNM-80101, 110 lbs/ft^3 for pipeline MNM-80102, and 120 lbs/ft^3 for pipelines MNM-80103 and MNM-80104 and install a watermain and storm sewer, maintaining adequate separation from the pipelines (hereinafter referred to as "Encroachment") upon and within a portion ofthe confines of Northern's Easement, as shown on Exhibit "A", attached hereto and by this reference, made a part hereof, with this written consent; and File No.: 06-022 Line & Tract No.: MN'M 80101-211 WHEREAS, the Owners and the City have been advised by Northern that Northern is a natural gas transmission company and that Northern operates a high pressure underground natural gas pipeline through the Owned Premises; and WHEREAS, the Owners and the City have requested penmsslOn from Northern to maintain, use, and enjoy the Encroachment upon a portion of Northern's Easement and in close proximity to Northern's Pipeline Facilities; and WHEREAS, Northern is willing to grant such permission upon the terms and conditions set forth as follows. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. Northern hereby grants permission to the Owners and the City to maintain, operate and use upon the Owned Premises and in close proximity to Northern's Pipeline Facilities, the said Encroachment, subject to the following conditions: A. That the City assumes all risks for damages, injuries, or loss to either property or persons, which may be incurred by the City or its respective agents, invitees, or licensees present on or in the vicinity of the Easement and in any way associated with said Encroachment. B. That the permission granted herein is limited exclusively to the proposed Encroachment within Northern's Easement. Neither the Owners nor the City shall alter the grade or permit such alteration anywhere on the land upon which Northern has reserved its easement rights, without the prior express written consent of Northern. C. The City shall not construct the roadway over pipeline MNM-80101 until Northern has completed reinforcement of the pipeline. D. That the Owners and the City shall at all times conduct all its activities on said Easement in such a manner as not to interfere with or impede the operation of Northern's Pipeline Facilities and activities in any manner whatsoever. E. That the Owners and the City shall not plant any trees or shrubs within the confines of Northern's Easement without the prior express written consent of Northern. 2. The City agrees to indemnify, protect, and hold Northern, its. parent, affiliates, subsidiaries, and their directors, officers, employees, representatives, and agents harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost, or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, arising from or as a result of any incident, act, action, cause of action, negligence, transaction or omission of the City in connection with, or incidental to the construction, operation, presence, maintenance, or use of the said Encroachment within and upon the Easement, or from the operation, maintenance, use or presence of Northern's Pipeline Facilities upon or in the vicinity of the Easement except where such loss, cost, liability, or expense was proximately caused solely by the gross negligence of Northern or its employees. 3. The Owners and the City agree that protection of Northern's Pipeline Facilities will be maintained at all times. -2- File No.: 06-022 Line & Tract No.: MNM 80101-211 4. Should Northern need to remove any of the City's said Encroachment within its Easement in order to construct, maintain, operate, repair, remove, or resize Northern's existing or additional Pipeline Facilities, the City or its respectiveassigns shall pay the cost of removing and replacing or reinstalling said Encroachment. In addition, all repair and maintenance work performed by Northern on its existing or additional Pipeline Facilities located on the Owned Premises shall be performed in a reasonable workmanlike manner and Northern shall restore the surface and grade of the Owned Premises where the work is performed, but shall not be liable for loss, damage, or replacement to the City's said Encroachment or any associated equipment and facilities that exist within the Easement, and in this regard, the City hereby releases Northern, its employees, agents, officers, and directors from any and all liability for any such loss or damage. 5. The Parties hereto understand that this Agreement in no way constitutes a waiver by Northern of its rights to enjoy its Easement unencumbered by the construction of said Encroachment within Northern's Easement. 6. It is expressly agreed to by and between the parties hereto that if the City is in violation of any terms or conditions set forth in this Agreement, the City shall have 30 days to cure or commence reasonable steps to cure any violation of the terms and conditions set forth in the Agreement after receiving written notice from Northern. If the violation of the Agreement is not cured or if the City have not commenced reasonable steps to cure such violation within 30 days, Northern, at its option, may terminate this Agreement upon ten (10) days' notice to the City. In the event of such termination, the City shall immediately remove any and all of said Encroachment which may be situated on the Easement, or if the City fails to remove any and all of said Encroachment, Northern may, at its option, remove said Encroachment at the expense of the City and without any liability whatsoever. It is further agreed that the failure by Northern to exercise such option as to any such violation shall not constitute a waiver of Northern's future right to exercise such option as to the same or any future violation. 7. The provisions of the Easement, and all rights, powers, privileges, and duties, obligations, and liabilities created thereby, remain in full force and effect and are not affected hereby except to the extent and in the manner set forth above. 8. The Owners and the City agree to indemnify, defend and hold Northern, its parent and affiliated companies, and the directors, officers and employees of any such corporate entities harmless from and against any liability, damage, claims, loss, cause of action, suit, proceeding, judgment, cost (including the cost or expense of environmental response, removal or remediation activities), fees or expense, including reasonable attorney's fees arising from: (1) non- compliance with any laws, regulations and orders applicable to the ownership or the operation and maintenance of the said Encroachment on the Owned Premises described herein, and (2) any incidents, acts, releases, negligence, transactions or omissions, or conditions on or affecting the Easement that would (i) contribute to or constitute a violation of any local, state or federal environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or otherwise remedy or remediate a condition, (iii) give rise to any lien, liability, injunction, order, restriction, claim, expense, damage, fine or penalty, or (iv) adversely affect human health or the environment at or near the Easement. This instrument and the covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties and the benefits of this Agreement shall run with the land. -3- File No.: 06-022 Line & Tract No.: MNM 80101-211 IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written. "NORTHERN" NORTHERN NATURAL GAS COMPANY By Glen R. Hass Agent and Attorney-in-Fact STATE OF NEBRASKA ) )SS COUNTY OF DOUGLAS ) "OWNERS" By James E. Allen By Nancy A. Allen By Eugene Pedersen Vermillion River Crossing, LLC Chief Manager By Robert Knutsen Vermillion River Crossing, LLC Vice President "CITY" By Kevan Soderberg Mayor By Peter J. Herlofsky, Jr. City Administrator/Clerk The foregoing instrument was acknowledged before me this _ day of , 2006, by Glen R. Hass, the Agent and Attorney-in-Fact, for Northern Natural Gas Company, a Delaware corporation, on behalf of the corporation. (S E A L) Notary Public My Commission Expires -4- File No.: 06-022 Line & Tract No.: MNM SOlOl-2ll REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into as of the _ day of ,2006, by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation (hereinafter referred to as "NORTHERN"), with principal mailing address of P.O. Box 3330, Omaha, Nebraska 6S103, and the CITY OF FARMINGTON, MINNESOTA (hereinafter referred to as "CITY"). WITNESSETH THAT: WHEREAS, NORTHERN has constructed and is operating an IS-inch gas pipeline, a 26- inch gas pipeline and two 30-inch gas pipelines (hereinafter referred to as "Facilities") in Dakota County, Minnesota, pursuant to a certain easement granted by William Waterwise, a single man on the 12th day of August, 1932 and recorded on the 3rd day of October, 1932 covering a tract of land situated in the East Half of the Southeast Quarter (EY2SE'i4) of Section 36, Township 114 North, Range 20 West, Dakota County, Minnesota ( hereinafter referred to as "Easement Area"); and WHEREAS, the CITY is extending a city road, known as Spruce Street (hereinafter referred to as "Project"), within the confmes of NORTHERN'S Easement Area, which affects NORTHERN'S Facilities; and WHEREAS, the CITY has requested that NORTHERN reinforce its Facilities and enter into an agreement providing for such reinforcement and for the reimbursement by the CITY to NORTHERN ofthe expense NORTHERN incurs in reinforcing said Facilities; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between the parties hereto as follows: 1. NORTHERN shall reinforce MNM-SOI0l, Line A in the area of the Spruce Street construction. 2. The CITY shall provide NORTHERN with a final construction plan on or before May 30,2006 and make available its technical consultant, Kevin Kielb, P.E., Bonestroo & Associates, 651-604-4760, kkielb@bonestroo.com for review of such plans. 3. The CITY shall pay to NORTHERN 100% of NORTHERN'S actual costs and expenses incurred in connection with the reinforcement contemplated by this Agreement. 4. NORTHERN shall make reasonable efforts to reinforce its facilities by June 29, 2006, subject to this agreement being executed by the CITY and returned to NORTHERN on or before May 5, 2006, the acquisition of additional easement rights if required, the acquisition of materials, the timely receipt of all applicable governmental and environmental permits or licenses and the payment required File No.: 06-022 Line & Tract No.: MNM 80101-211 5. The cost of the reinforcement is now tentatively estimated by the parties to be approximately Ninety Thousand Dollars ($90,000.00), and upon execution of this Agreement by both parties, and prior to NORTHERN commencing the reinforcement of the Facilities, the CITY shall pay to NORTHERN said sum of $90,000.00. It is understood that this estimate in no way constitutes reimbursement as provided in Paragraph 3 above. It is agreed between the parties that the reimbursement herein provided shall not exceed the actual costs and expenses incurred by NORTHERN. Said actual costs and expenses include, but are not limited to, materials, labor, contract, cost incurred in obtaining easement rights, auto-mechanical equipment, gas loss, engineering costs, income tax gross up, overhead, and crop damage payments in connection with accomplishing the reinforcement contemplated by this Agreement. A detailed invoice of all costs shall be provided by NORTHERN after the completion of the work contemplated by this Agreement and shall be subject to audit at the CITY's expense. If the total costs exceed $90,000.00, the CITY shall pay to NORTHERN that amount in excess of $90,000.00. If the total costs are less than $90,000.00, NORTHERN shall reimburse the CITY the difference between the actual amount and $90,000.00. All payments based upon this final invoice detail of costs shall be made within 14 days of the date of receipt by the CITY of the invoice. The invoice shall be completed no more than 45 days after completion of the work. 6. NORTHERN agrees to make any additional modification to or relocation of the Facilities required by the CITY, provided that the CITY shall agree to a revised completion date, pay to NORTHERN 100% of NORTHERN'S actual costs incurred in such further modification or relocation, and provided that NORTHERN is able to obtain all necessary governmental and environmental approval and easement rights for such modification or relocation. Provided further that the CITY shall grant to NORTHERN, at no cost to NORTHERN, all necessary easement rights in a form and content acceptable to NORTHERN, or shall reimburse NORTHERN for its costs in obtaining such easement rights. 7. The CITY agrees to pay NORTHERN 100% of NORTHERN'S actual costs incurred as a result of damage to NORTHERN'S Facilities caused by said Project. 8. To the extent that the reimbursement for costs under this Agreement are deemed taxable to NORTHERN pursuant to Section 824 of the Tax Reform Act of 1986, P.L. 99-514, or successor thereto, the CITY agrees to reimburse NORTHERN within thirty (30) days from receipt of the invoice for the income tax gross up, including any penalties assessed by the Internal Revenue Service. Upon request, NORTHERN shall provide the CITY with documentation of the tax liability. 9. OWNER shall notify NORTHERN, in wntmg, prior to undertaking any future construction in the vicinity of NORTHERN'S Facilities, in order for NORTHERN to advise the CITY of the physical location of said Facilities. 10. The CITY agrees to indemnify, protect, and hold NORTHERN, its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives and agents harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost, or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, arising from or as a result of any incident, act, action, negligence, transaction or omission of the said CITY, in connection with, or incidental to the reinforcement of NORTHERN'S Facilities except where such loss, cost, liability, or expense was proximately caused solely by the gross negligence of NORTHERN or its employees. -2- File No.: 06-022 Line & Tract No.: MNM 80101-211 This Agreement shall inure and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "NORTHERN" NORTHERN NATURAL GAS COMPANY "CITY" By By Glen R. Hass Agent and Attorney-in-Fact Kevan Soderberg Mayor By Peter J. Herlofsky, Jr. City Administrator/Clerk """ 1:: o c. C1l 0::: C1l - l'CI E .. IJ) W "t:I ... l'CI "t:I !: l'CI - en CI) ltl C> e ::s ..... ~ E Q) ~ o :c: ~ 6- m 10 <( E III U. c .a; 0: Q) E III C - U Q) 0' .. Do - "E III ::> !: III :E "., '" Z .. S III .5 iii W ::: z :E_ :E :d Q) :is .l! Q) - E .. o .c III ...J u ~ m w :E o o ...!.. + ~N <(0 c: c .!!! 8 ~ ~~ ~ ~.~z.~~ ~,,~~::;E~~ - ~ " o M ~ .c .l! oS III .. - C Q) E a. :; CT W G;=It:.! > :.: III jQ)c Q) 0:: :.: - Q) 0 III-ll:: .5 E 0 C;;;fti w.n~ 0) W III 'It .?;- 0 ia'E-j! COo(/) ~~ ..(/) ~~ .,JW 0) c o o tl c 't: 0 -c, .!! CD oll:: c: .2 tl 2 in c o '" Qj l!! ii5 Q) '" 2 0. m .... .E ~ o on e Q) .5 :E c o C, c .~ III U. W ~ c...E 0.5 u Q) mO: III o o z II) III II) Q) a. ::> 8 ~ II) l!! 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W~SoQu ~o - ~ ~ ~I-~ ~~. t: ~ ~~ ~~n;~~:J~o~ ~ I-~ffi~oun eo~ ~~- ~i~",o~~.~lg~tl Ylwl~~g ~~~o::....-J~ w_-QlO::t:~t:~Et:o::! .000EzE~I-t: ",or;Ew~"'''' 1-~~n;5~QloZ80 '~~QlI-8500zo~Ql9"'r~"'~ c:(~~~ZOCl...Uo UX~MI-~ zUUOUoo::o::ol-u~o :2 w U ow Uo:: 0 >- U Z W ~ Z ~ Z o U U o :J ~ c:( /1) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers, City AdministratoG FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Change Order - Ash Street Project DATE: May 15, 2006 INTRODUCTION Attached for Council's consideration and approval is Change Order No.5 for the Ash Street project (see attached). DISCUSSION Following are descriptions for items one through three on Change Order 5 for the Ash Street Project: Item 1 : WATER FOR DUST CONTROL The Contract Bid Price for this item is $1.04 per gallon of water. The Contract Quantity is 18,300 gallons. The contractor needed to use more water over the duration of the project. The Contractor has received payment for 22,875 gallons (125% of the Contract Quantity) at $1.04 per gallon, per MnDOT guidelines. The final amount of water used was 198,600 gallons. Payment for the remainder of the water would be by Force Account per MnDOT for the amount agreed upon ($30,000 - approximately $0.17 per gallon). Had the remaining quantity been paid at the Contract Bid Price, the additional amount due would be approximately $182,750. Item 2: FAIR PREP-PLACE MILLINGS. ADDITIONAL SIGNAGE This item is to compensate the Contractor for additional work directed by the City and Dakota County for access to the Dakota County Fair that operated from August 8, 2005 to August 14,2005. A small quantity of personnel and equipment hours was included in the contract to maintain Ash Street during the Fair, however, additional aggregate material and personnel/equipment hours were needed to keep Ash Street usable. Ash Street Change Order May J 5, 2006 Page 2 Item 3: MAILBOX POSTS This item is for additional work done by the Contractor for mailboxes. Twelve mailbox posts were in a condition not conducive to reinstallation with the County-standard mailboxes that were installed. The Contractor provided and installed the new posts. BUDGET IMPACT The total amount of the change order is $47,038.27. As outlined in the funding regime for this project, these costs will be split 70% County, 30% City. This amount is within the project budget. ACTION REQUESTED Approve the attached change order for the Ash Street Project in the amount of$47, 038.27. Respectfully Submitted, X.Wl~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file gineers & Architects Owner: Clty of Farmmgton, ?25 Oak St, Famlinglon. .\1N 55024 Date Apn118. 2006 C on tractor: Friedges Conlractmg Company, 21980 Kennck Ave. LakevJ!le, Ivf1\ 55044 DUllU "u Bond Company: .tvlerchants Bondmg Co. (Mutual), 2100 Fleur Dr, Des Moines, 1:\ 50321 MNC41016 . n. Bonestroo e Rosene "'I\lI Anderlik & 1 ~ 1 Associates CHANGE ORDER NO. 5 ASH STREET RECONSTRUCTION & UTILITY IMPROVEMENTS BRA FILE NO. 000141-03205-0 Description of Work This Change Order provides for additional Bid Items for Payment for work completed. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.5 I WATER FOR DUST CONTROL LS 30004.17 $1. 00 $30,004.17 2 FAlR PREP-PLACE MILLINGS, ADD]TIONAL LF I $15,999.10 $]5,99910 S]GNAGE 3 MAlLBOX POSTS EA 12 $86.25 $1,035.00 TOTAL CHANGE ORDER NO. 5: $47,038.27 14103205CH05 xIs Original Contract Amount Previous Change Orders 'his Change Order Revised Contract Amount (including this change order) S2,295,871 58 S87,21052 S47.038.27 S2,430,120.37 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): ContraCt Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. M~~ Date: LI/Zl/~ Approved by Owner: CITY OF FARMINGTON Date cc: Ov,'ller Contractor Bonding Company Bonestroo & Assoc. 14103205CH05.xls /0 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ,r, I TO: Mayor, Councilmembers, City Administrator ',,/ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Pond Easement Compensation - Southeast Trunk Utility Project DATE: May 15, 2006 INTRODUCTION In 2004, the City constructed a regional pond in the southeast quadrant of Trunk Highway 3 and Trunk Highway 50 as part of the above referenced project, which was Phase 1 of the Ash Street project. The pond was planned and constructed partially on the former Fischer property (behind Tom Thumb to the east, adjacent to Executive Estates, north of 225th Street), now owned by Tollefson development. DISCUSSION In the planning stages of the project, staff met with the property owner and it was indicated at that time that the property owner was willing to grant the necessary easement for the pond project. Subsequent to the completion of the pond, staff has been in discussions with the property owner to finalize the compensation discussions. The land used for the pond and the removal of stockpiled material (used elsewhere) are to be covered in the compensation. BUDGET IMPACT The reimbursement is proposed to be $66,100. This proposal has been reviewed by the City Attorney and Finance Director and it has been determined that this is fair compensation for the land and removed material. These costs are within the project budget and will be funded with the project bond proceeds. ACTION REQUESTED Approve compensation in the amount of $66,100 to Tollefson Development for pond easement purposes. Respectfully Submitted, ~Wl~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /Oa... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: l~iV Mayor, Council Members, I City Administrator FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Resolution and Ordinance - Comprehensive Plan Amendment from Non- Designated to Commercial and Rezoning from A-I to B-1 for 6 Properties along 220th Street DATE: May 15, 2006 INTRODUCTION The City of Farmin~on simultaneously annexed the "6 properties" (Exhibit A) located at 3400 220th Street W., 3338 220t Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. on November 15, 2004. With the approval of the annexations, MUSA was also extended to the properties. The properties are currently zoned A-I and are not designated within the City's Comprehensive Plan, therefore, staff is proposing to amend the Comprehensive Plan and Rezone the properties. Upon approval of the Comprehensive Plan Amendment, staff will submit the amendment and MUSA extension application to the Metropolitan Council. DISCUSSION At the April 11 th and May 9th Planning Commission meetings, staff discussed the proposal for amending the Comprehensive Plan from Non-Designated to Commercial and rezoning the 6 properties from A-I to B-1 (Highway Business). Staff stated that the proposed B-1 zone would be the best and highest use for the area because of its proximity to two major roadway corridors (TH 3 and TH 50) and its location as a major entrance into the City of Farmington. At the April 11 th meeting, three property owners voiced their concern that the proposed B-1 zoning was not compatible with the existing uses (major auto repair, collision repair, home building, and single- family residential) on the properties. The property owners stated that most of the existing uses and buildings located on the properties fall under the B-3 zoning classification. At the May 9th meeting, the property owner of Parkway Collision Services and the property owner of Starr Automotive and Contract Management & Services (assembly of monolithic panel homes) continued to voice their concern about the proposed B-1 zone, stating that their buildings and uses were B-3 (Heavy Business) uses (Exhibit B2). As stated at both meetings, if the B-1 zone was approved, any existing use that did not meet the B-1 zoning requirements would be considered a legal non-conforming use. The owners of the above- mentioned uses asked the following three questions concerning the potential legal non-conforming status of their properties: 1) If the B-1 zone was approved and the current uses became legal non-conforming, could property owners lease their buildings for similar uses and not be required to meet the B-1 uses? Yes, property owners could lease their buildings for similar uses and not be required to meet the B-1 zoning uses. 2) If the B-1 zone was approved and the current uses became legal non-conforming, could property owners sell their properties to buyers that wanted to continue the same types of legal non- conforming uses on those properties? Yes, the property owners could sell their properties to buyers that wanted to continue the same types of legal non-conforming use on those properties. 3) If the B-1 zone was approved and the current uses became legal non-conforming, could property owners extend, expand, or change the legal non-conforming uses (buildings)? Upon approval of the Board of Adjustment (Planning Commission), legal nonconforming uses may be extended, expanded or changed as required in Section 10-4-2 (B) 1 of the City Code. According to the City Attorney, "changes in tenancy or ownership won't affect the legality of the nonconformity. Abandonment, discontinuation or conversion of the use, however, would terminate the nonconformity, but even temporary changes or lapse in the use may not cause the grandfather rights to lapse." In summary, the legal non-conforming uses may continue (or be expanded) if the properties were zoned B-1. If the property owner decided to convert a legal non-conforming use to a "legal" B-1 use, the properties would not have to be rezoned to accommodate that use. Staff feels that the B-3 zoning is a short-term solution to properties that may benefit more by being zoned B-1 for the long-term. Since the existing uses could be retained as legal non-conforming uses in the B-1 zone, any hardship on property owners with future business plans could be minimal. Plannine: Commission Meetine: - Mav 9. 2006 At the May 9th meeting, three Commissioners were in attendance and two of the three recommended approval of the Comprehensive Plan Amendment from Non-Designated to Commercial and from A-I to B-1. The two Commissioners that recommended approval of the B-1 zone stated that they agreed with the long term benefits of zoning the area for retail uses, thereby preparing the location for new development opportunities. The Commissioner that recommended the B-3 zone agreed that in the future, the properties would most likely become B-1 uses; however, he was concerned about the property owner's rights to continue to utilize their buildings as heavy businesses, and therefore, recommended against the rezoning to B-1. Existine: Conditions - 6 Properties The following information identifies the existing conditions for each of the 6 Properties (photos of existing conditions). Parcel 6 - 3400 22(jh Street W. The parcel consists of an existing single-family home built in 1973. The lot area is 39,600 square feet. Parcel 7 - 3338 22(jh Street W. The parcel consists of three commercial uses in one building constructed in 1976. The lot area is 44,438 square feet. One of the commercial uses is Townsedge Barbers and Beauticians, which would be a permitted use in the B-1 zoning district. Northwest Auto Sales is the second commercial use which would be a conditional use in the B-1 district. The third commercial use is Parkway Collision Services. This type of use is considered "auto repair, major," and is not allowed in the B-1 zoning district. However, the business would be considered a legal non-conforming use if the zone was approved as B-1. The remainder of the lot is used for the storage of auto parts and wreckage. A 6-8 foot tall chain link fence encloses the storage area. Parcel 8 - 3360 22fih Street W. The parcel consists of two commercial uses including the former Cannon Log Homes business on the north portion of the lot and Starr Automotive on the south portion of the lot. The lot area is 64,241 square feet. The buildings were constructed in 1976. Contract Management & Services has recently signed a lease to assemble monolithic panel homes in the former Cannon Log Homes building. The building is suitable for this type of use because of the existing crane in the building. The crane will assist the owner in loading and unloading the assembled panels and raw material. The Building Official and Fire Marshal have examined the building and have approved it for occupancy. This type of use is not allowed in the B- 1 zoning district; however, the business would be considered a legal non-conforming use if the zone was approved as B-1. The south building consists of Starr Automotive. The use is auto repair, major and will be considered a legal non-conforming use upon approval of the B-1 zone. The remaining portion of the property consists of a storage lot for cars to be repaired and for employee parking. A 6-8 foot tall chain link fence surrounds the entire parcel and the storage lot. Parcel 9 - 3050 22fih Street W. The parcel consists of an existing single-family home built in 1900. The lot area is 50,490 square feet. ParcellO - 3282 22fih Street W. The parcel consists of a vacant commercial building constructed in 1968. The lot area is 46,200 square feet. The remainder of the lot consists of a storage area for semi-trailers and cars. A 6-8 foot tall chain link fence surrounds the entire parcel Parcelll - 3240 22fih Street W. The parcel consists of a commercial use known as C.R. Fischer & Sons. The use is classified as office, and would be an allowed use in the B-1 zoning district. The lot area is 92,400 square feet. The building was constructed in 1978. The lot is currently being used for employee parking and the parking of business trucks which is a conditional use in the B-1 zoning district. A 6-8 foot tall chain link fence surrounds the property on the east, west and south, and a 6-8 foot tall wood fence provides screening on the north portion of the storage area. ACTION REQUESTED Adopt a resolution and ordinance amending the 2020 Farmington Comprehensive Plan from Non- Designated to Commercial and rezoning the properties at 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. from A-I (Agriculture) to B-1 (Highway Business). Respectfully Submitted, g;S/.~ Lee Smick, AICP City Planner cc: Kevin & Benita Schemoinek, 3400 220th Street W, Farmington, MN John & Cheryl Luckow, 8726 Blaisdell Avenue S, Bloomington, MN ABH Properties, 7835 Grinnell Ct E, Lakeville, MN Ken & Caroline Carlson, 3050 220th Street W, Farmington, MN Charles Reichow, 39530 Sunrise Road, North Branch, MN 3438 Investments, LLP, P.O. Box 448, Farmington, MN ro Q) 1- <( C o ..J..J ro >< Q) c c <( 16 H;8(( A- ~. ..:tl.._g..-:~ir"}--{r~-">_;!.-'-):?i-'w'o--e-:~'t!..~..;.:t'-Ji-_~~-~fI-"'i$-e"":3-"'~-~::O-'''~rj)-:~--.u-~~-J' \0 <:1 N T"i T"i ~~ ZT"i ......0 0..0 ---- Xo 113lJ1 ~~ 1-0 t1J 0 Q) t"- I- >- <l: I- ..... 0 ro Q) c -0 Q) 0 c u.. 0 :p ::J ro 0 0 ~ ~ ~ 9Z:0Z000S00LO x co 0 Q) l"J C >- C ..... ~ ~ N NId xe.L <l: U ~l'\'\ 0 . 0 - . 0 . ..... " ~ ~ 9ZO~OOOSOOLO . . . ~ ~ NId xe.L 0 0 00 0 ..... Q) ~9z:nOOOSOOLO u I- ~ NId xe.L ro a. ~ City of Farmington t"- o Q) ~6ZSl000S00LO d!4SUMO.L >t:JOCl alise:) lJ1 ~ m NId xe.L >- 113 a. ~~ :!: ..c \0 01 Q) ~ 9Z0S000S00LO I ~ ~ NId xe.L ~~ . . . . . . . ! ( c . ~ o . t ~. ~ .!:: '! - E . ~ ~. LL.'-j ......0 o:~ >-,:J ~.Ul u.:!. ''0 .. ! __ ,~"'__i9-. ~.--"-lH z i .JJ (J) o Q.. o 1- 0.. <( ..J..J .0 .c >< w .- . . . . . l ' . " ~ AeM46!H . . ~ " / \ / ,i I \ n I 10-5-13: B-1 HIGHWAY BUSINESS DISTRICT: Page 1 of3 8!1il7/f B/ 10-5-13: B-1 HIGHWAY BUSINESS DISTRICT: (A)Purpose: The B-1 highway business district is intended to provide pockets of convenience type uses along major thoroughfares that are both pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic. (B) Bulk And Density Standards: 1. Minimum Standards: Lot area 10,000 square feet Lot width 75 feet Front yard setback 30 feet Side yard setback 10 feet Rear yard setback 10 feet Minimum side and rear yard abutting any residential district Off street parking and access drives 10 feet Public and semipublic buildings 35 feet Recreational, entertainment, commercial and industrial uses 50 feet Height (maximum) 35 feet Maximum lot coverage of all structures 25 percent All standards are minimum requirements unless noted. (C)Uses: 1. Permitted: Animal clinics. Clinics. Clubs. Coffee shops. Commercial recreational uses. Convenience store, without gas. Health clubs. http://66.113.195.234/MN/Farmington/13005000000013000.htm 4/4/2006 10-5-13: B-1 HIGHWAY BUSINESS DISTRICT: Page 2 of3 Hotels. Motels. Offices. Personal and professional services. Personal health and beauty services. Recreation equipment sales/service/repair. Restaurants, class I, traditional. Retail facilities. Sexually oriented businesses - accessory. 2. Conditional: Auction houses. Auto repair, minor. Auto sales. Car washes. Child daycare center, commercial. Convenience store, with gas. Dental laboratories. Grocery stores. Group daycare centers, commercial. Hospitals. Nursing homes. Outdoor sales. Public buildings. Public utility buildings. Restaurants, class II, fast food, convenience. http://66.113.195.234/MN/Farmingtonl13005000000013000.htm 4/4/2006 10-5-13: B-1 HIGHWAY BUSINESS DISTRICT: Page 3 of3 Restaurants, class III, with liquor service. Restaurants, class IV, nonintoxicating. Solar energy systems. Supply yards. Theaters. Wholesale businesses. 3. Accessory: Parking lots. (Ord. 002-469, 2-19-2002) http://66.113.195.234/MN/Farmington/13005000000013000.htm 4/4/2006 10-5-15: B-3 HEAVY BUSINESS DISTRICT: Page 1 of2 ..../ . .~/'7 (;XIII SII V L- 10-5-15: B-3 HEAVY BUSINESS DISTRICT: (A)Purpose: The B-3 heavy business district is a transitional district designed to provide space for certain existing commercial and industrial uses which are compatible together but are more intense and therefore incompatible with uses identified in the B-1, B-2 and B-4 districts. (B)Bulk And Density Standards: 1. Minimum Standards: Lot area 5,000 square feet Lot width 50 feet Front yard setback 0 feet Side yard setback 6 feet Rear yard setback 6 feet Minimum side and rear yard abutting any residential district Off street parking and access drives 10 feet Public and semipublic buildings 35 feet Recreational, entertainment, commercial and industrial uses 50 feet Height (maximum) 45 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: Animal clinics. Auto repair, minor. Auto sales. Commercial services. Convenience store without gas. Mechanical sales, service and repair. Offices. http://66.113.195.234/MN/Farmington/13005000000015000.htm 5/5/2006 10-5-15: B-3 HEAVY BUSINESS DISTRICT: Page 2 of2 Public buildings. Restaurants, class I, traditional. Retail facilities, greater than 3,000 square feet. Sexually oriented businesses - accessory. Supply yards. Truck terminals. Wholesale businesses. 2. Conditional: Auto repair, major. Car washes. Convenience store with gas. Greenhouses and nurseries, commercial. Group daycare center, commercial. Home and trailer sales/display. Manufacturing facilities. Ministorage units. Outdoor sales. Petroleum bulk storage. Public utility buildings. Solar energy systems. 3. Accessory: Parking lots. (Ord. 002-469, 2-19-2002; amd. per fax dated 8-6-2002) http://66.113.195.234/MN/Farmington/13005000000015000.htm 5/5/2006 RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN FOR THE PROPERTIES LOCATED AT 3400 220th STREET W., 3338 220th STREET W., 3360 220th STREET W., 3050 220th STREET W., 3282 220th STREET W., and 3240 220th STREET W. FROM NON-DESIGNATED TO COMMERCIAL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the l5th day of May, 2006 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the City of Farmington has initiated a Comprehensive Land Use amendment for the properties located 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. from Non-Designated to Commercial, and WHEREAS; the Planning Commission held a public hearing on the 11 th day of April, 2006 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the properties located 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. from Non-Designated to Commercial. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the 2020 Comprehensive Plan for the properties located 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. from Non-Designated to Commercial contingent upon the following: A. Subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the l5th day of May, 2006. Mayor Attested to the _ day of May, 2006. City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning the 6 properties located 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the properties legally described on the attached Exhibit A from A-l (Agriculture) to B-1 (Highway Business). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5- 1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this _ day of , 2006, by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of ,2006. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2006. o () o ~ ...... Q) Q) L.. ...... en ..c. - o C\I C\I o o ~ (V) I (0 =It o (1 I L..._ o ~ ..... Q) Q) L... ..... en ~ - o N N co ('f) ('f) ('f) I I'- =It o I D I s ..... Q) Q) "- ..... en ..c. +-' 0 C\I C\I 0 <0 ('f) ('f) ~ I ex::> :;t: o o o ro s +"" Q) Q) "- +"" en ..c +"" o C'\I C'\I o co ('f) ('f) I co =#: o () o s +-' CD ~ +-' C/) L: +-' o C\I C\I o LO o ('I) I 0') ~ o ~ ....., CD CD L.. ....., en ..c. ... 0 N N 0 N CX) N ('f) I 0 ~ :1:t;: o o o c} $ +-' Q) Q) '- +-' en .r. - o N N o ~ N ('f) I ~ ~ :1:t lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator (S? \) '/A)J I{,C r I FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Ordinance - Text Amendment Modifying the Definition of Building Height and Increasing the Maximum Building Height in the R-3 Zoning District DATE: May 15, 2006 INTRODUCTION On April 11, 2006, the Planning Commission discussed the merits of revising the current building height definition and the possibility of increasing the maximum height of a building in the R-3 Zoning District from 35 feet to 45 feet. The Planning Commission agreed that the revisions should be pursued and directed staffto prepare a public hearing for the revisions. On May 9,2006, the Planning Commission unanimously recommended approval of the revisions. DISCUSSION Building Height Definition The current City Code defines the building height as follows: BUILDING HEIGHT: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. (Exhibit A-I) The Planning Commission agreed that the proposed revision to the code is more "straightforward" in determining the building height. The proposed revision is as follows: BUILDING HEIGHT: The maximum possible distance measured adiacent to the building foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure. The exceptions are chimneys. flues. vents or similar structures that may extend 2 feet above the specified maximum height limit. (Exhibit A-2) R-3 Zone - Increase of Building Height The R-3 zoning district (medium density residential), "designates areas of the city for the development of town homes in areas with access to jobs, services, public facilities and transit and that are served with full public utilities and a residential density of more than 5.5 units per acre". The definition for a townhouse dwelling is as follows: DWELLING, TOWNHOUSE: Single-family attached units in structures housing three (3) or more contiguous dwellings, sharing a common wall, each having separate front and rear entrances; the structures are a row type house as distinguished from multiple dwelling buildings; not to exceed eight (8) units in each structure. The R-3 zoning district currently allows a maximum building height of 35 feet for Two Family and Townhouses. The Planning Commission agreed that the height should be increased to 45 feet to allow slab-on-grade, 3-story townhouse buildings in the R-3 zone. The proposed revision is as follows: Height (maximum) Two Family and Townhouse 35 feet 45 feet The Two Family reference included in the height code is a typographical error since this type of use is not allowed in the R-3 zoning district. Staff plans on revising portions ofthe zoning code in the near future. ACTION REQUESTED Adopt the attached ordinance amending Section 10-2-1 of the City Code for the Building Height Definition and Section 10-5-8 (B) 1 of the City Code for the Maximum Building Height for Two-Family and Townhouses in the R-3 Zoning District ~Resp~~~tfUllY4SUbmitted' " / I ~// //. ;'- Lee Smick, AICP City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 006- AN ORDINANCE AMENDING SECTION 10-2-1: ZONING DEFINITIONS- BUILDING HEIGHT AND SECTION 10-5-8 (B) 1: HEIGHT (MAXIMUM) IN THE R-3 ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-2-1 ofthe Farmington City Code is amended as follows (added text is underlined, deleted text is stmek): BUILDING HEIGHT: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height beh'leen eaves and ridge for gable, hip and gambrel roofs. The maximum possible distance measured adiacent to the building foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure. The exceptions are chimneys, flues, vents or similar structures that may extend 2 feet above the specified maximum height limit. SECTION 2. Section 10-5-8 (B) 1 ofthe Farmington City Code is amended as follows (added text is underlined, deleted text is stmek): Height (maximum) Two Family and Townhouse 35 feet 45 feet SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _ day of , 2006, by the City Council of the City of Farmington. CITY OF FARMINGTON By: ATTEST: By: SEAL Approved as to form the _ day of Kevan Soderberg, Mayor Peter Herlofsky, Jr., City Administrator 2006. By: Published in the Farmington Independent the _ day of City Attorney ,2006. , ~ ~ ~ ~ ~ o ~l. ~\~ ~ ~ ~ ~ .~ "'lv..:, ~ IJJ ~ ~ ~ ~~~;s~~~~ ~~~~\t~ ~~ j:;/t ~ ~ f L /!i~ ~~ ,~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~ --- \ ~ E;r:A /Oe..- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ;~tPV Mayor, Council Me~s, t City Administrator !./' \~/ FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Resolution - Swanson Acres Final Plat DATE: May 15, 2006 INTRODUCTION Double E Development, LLC., Mark Emond and Jamie Elvestad, has submitted the Swanson Acres Final Plat for the property located on the west side of Akin Road and north of Middle Creek Estates (Exhibit 1 a and 1 b). The current address of the property is 20441 Akin Road (Exhibit 2). DISCUSSION The Planning Commission unanimously recommended approval on the final plat at its meeting on May 9,2006. The developers are proposing seven single-family lots on 3.52 acres (153,378 square feet) in the R-l Zoning District. Excluding the pond (15,754 square feet) and arterial road right-of-way (Akin Road; 42,760 square feet) results in 94,864 net developable square feet or 2.18 net acres, resulting in a net density of 3.2 units per acre. The 3.2 units/acre exceeds the Metropolitan Council's requirement regarding densities at 3.0 units/acre and above. The Planning Commission recommended approval of the Preliminary Plat on April 11, 2006 and the City Council approved it on April 17, 2006 with the following contingencies: 1. The satisfaction of any engineering requirements including the construction plans for grading, storm water and utilities. 2. The evergreen trees need to be changed to deciduous trees surrounding the pond. 3. The satisfaction of the Heritage Preservation Commission's requirements. 4. A demolition permit will need to be applied for by the developer to demolish the existing home on the property. Existing Conditions The existing site topography shows a 48-foot fall from the west side of the property to the east side of the property, creating an 11.8 % slope. The property is almost completely wooded (Exhibit 3). Wetlands or floodplains do not exist on the property. An existing home is located on the property; however, the developer proposes to demolish the structure before construction begins. A demolition permit will need to be applied for by the developer. Proposed Lot Sizes and Widths The lot is located in the R-l Zoning District, which requires a minimum lot size of 10,000 square feet and a minimum lot width of75 feet. The lot sizes and widths are proposed as follows: Lot Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot Size 13,424 sf 17,820 sf 10,839 sf 16,594 sf 10,050 sf 10,004 sf 16,133 sf Lot Widths 96 feet 75 feet 75 feet 76 feet 76.7 feet 75 feet 89 feet All of the lots sizes and widths meet the minimum standards of the R-l Zoning District. Proposed Housing The proposed housing construction will include one full-basement, one full-basement with a walk-out and the remaining five lots will be full-basement splits with look-outs. Parks & Recreation The Parks & Recreation Director has determined that the developers will be required to submit cash-in-lieu for park dedication requirements because the development is less that 5 acres in size and contains only seven lots. Randy Distad, Parks & Recreation Director, has attached a letter stating this information (Exhibit 4). A trail currently exists on the east side of Akin Road. There are no adjacent existing trails or sidewalks located on the west side of Akin Road, therefore, the developers will not be required to install a sidewalk or trail on the west side of Akin Road. Transportation The preliminary plat shows seven lots arranged around a 235-foot long cul-de-sac that will connect to Akin Road. The cul-de-sac length meets the requirements of the City Code. The cul- de-sac roadway width is proposed at 32 feet measured from face of curb to face of curb within a 60-foot wide right-of-way. An 8% slope is proposed for the roadway at its highest point, leveling off at the entrance to Akin Road at 2.9%. The developers are proposing a 60-foot wide radius to the cul-de-sac, which meets City requirements. 2 Landscape Plan The Developer is proposing to install boulevard trees at 40-foot on center to comply with the City Code (Exhibit 5). The Developer has also made a revision to the evergreens that surrounded the pond. Deciduous trees are now proposed near the pond in order to allow for greater accessibility to the pond for maintenance. Engineering Review A water main and sanitary sewer line currently exist on the west side of Akin Road, providing readily available access to these utilities (Exhibit 6). A storm water pond is proposed at the north end of the site adjacent to Akin Road in order to infiltrate surface water runoff from the existing drainage ditch along the west side of Akin Road. An arched culvert currently exists under Akin Road and will be utilized for both surface water runoff and drainage from the pond. Retaining walls are proposed on the south and west property lines (Exhibit 7). The south walls are proposed at heights up to 4 feet and the west walls are proposed at heights up to 10 feet. An additional retaining wall is proposed for the east side of Lot 1 at a height up to 10 feet. Any retaining wall over 4 feet in height needs to be structurally engineered. Due to the grading cut into the slope for house construction, the developer is proposing to install a chain link fence on the south and west property lines adjacent to the retaining walls. A 4-foot tall black vinyl chain link fence needs to be installed on the Swanson Property adjacent to the cemetery's shared property line. The Developer proposes the use of a Category 4 erosion control blanket to be installed at the southwest comer of the property. The control blanket and seed mix will be installed within 7 days after construction of the 3: 1 slopes in this area (Exhibit 8). The remainder of the site will be seeded, mulched, or disc anchored. Middle Creek Historic Cemetery - Heritage Landmark As discussed during the preliminary plat stage, the City of Farmington owns a cemetery at the southwest comer of Swanson Acres. The Middle Creek Historic Cemetery was approved as a City Landmark on February 18, 2003 by the Heritage Preservation Commission (HPC). Per Section 2-11-5 of the City Code, the following is required: D) Development Projects: Every application for a preliminary or final plat, variance or conditional use permit in relation to a significant historic property in the City shall be reviewed by the HPC and their recommendation shall be forwarded to the Planning Commission for consideration in making their recommendation to the City Council. In determining whether or not a project will have an adverse effect upon a significant historic property, the HPC shall consider the following factors: 1. Whether the development will substantially alter the appearance of an historic building, site, structure, object or district so as to remove the features which distinguish the historic property as a heritage landmark; and 3 2. Whether the use of the property will destroy, disturb or endanger a known or suspected archeological feature. The HPC reviewed the development at a special meeting on April 4, 2006 to determine if the "development will substantially alter the appearance of an historic site". The City's Heritage Preservation Consultant, Bob Vogel, identified four issues that should be contingencies to the approval ofthe Swanson Acres Preliminary Plat. The issues are as follows: 1. Mr. Vogel needs to be notified by the developer when grading near the cemetery commences. He needs to monitor the grading on site to insure that the cemetery is protected and if any possible burial sites on the Swanson Property are discovered that grading is stopped immediately. 2. If work is not being done near the cemetery, the area should be flagged in order to protect it from any construction activity. 3. A 4-foot tall black vinyl chain link fence is installed on the Swanson Property adjacent to the cemetery's shared property line. 4. A lO-foot buffer setback will be required between the cemetery's property line and the retaining wall and no work will be allowed within the buffer. The HPC determined that the Swanson development would not visually intrude on the cemetery and the chain link fence would buffer the historic cemetery. ACTION REQUESTED Adopt the attached resolution approving the Swanson Acres Final Plat contingent upon the following items: 1. The satisfaction of the Heritage Preservation Commission requirements as stated above. 2. A demolition permit will need to be applied for by the developer to demolish the existing home on the property. 3. Preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. Respectful!V ~mitted, (p:C~. Lee Smick, AICP City Planner cc: Double E Development, LLC. File 4 RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT SWANSON ACRES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of May, 2006 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, the final plat of Swanson Acres is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat on April ll, 2006 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: l. The satisfaction of the Heritage Preservation Commission requirements. 2. A demolition permit will need to be applied for by the developer to demolish the existing home on the property. 3. Preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the l5th day of May, 2006. Mayor Attested to the _ day of May. 2006. City Administrator ~- ~~:~~ ~ c;\ ~ @l i ,[ii!j -~~ L ~ ~ ~ ~ ~ ~ tJ) ~" o~~ o ~. Ii"~ ~ l ~ !d n~ ! U-. HE ~ ,95\ ~~ ~h~ d l,p B j!'d .1 iH~ L gotJ Hi~ H8j o'ih iW iN ~ .f~ ljii gO\efl IP~. I.U *~ ~~:I i~;. fa Ju il · ~. f i [ i 12 -!~ ! ~ ; ~,~ t. ;.' i ;~ ~t: ~~ ~! 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(.::..;_. / .;<.:/:.~~ / /"-/ , (' II II ~ ~x' Ib SITE MAP O--'';'';ERTY 10 NUMBER: 14-02500-010-03 '"oR: DOUBLE E DEVELOPMENT LLC 20534 BISCAYNE AVE W FARMINGTON MN 55024 PROPERTY ADDRESS: 20441 AKIN RD W FARMINGTON MN 55024 2005 ESTIMATED MARKET VALUES (PAYABLE 2006) LAND: BUILDING: TOTAL: SCHOOL DISTRICT: 69,900 99,000 168,900 192 LOT SIZE 153,506 TOTAL SQ FT 3.52 TOTAL ACRES 14,432 ROAD RIW SQ FT LOCATION: SW1/4 NE1/4 SECTION 25-114-20 PAYABLE 2005 TAXES NET TAX: SPECIAL ASSESSMENTS: TOTAL TAX & SA: PAYABLE 2006 HOMESTEAD STATUS: NON HOMESTEAD 1,457.72 842.26 2,299.98 WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: PAYABLE 2006 ASMNT USAGE:RESIDENTIAL ~ /~r~ LJ~ ~ UJ1'/1 A)J/ /?P t!ortL!try o Q. Jimensions rounded to nearest foot. . .-/ Copyright 2006, Dakota County - &x. 2- 2005 BUILDING INFORMATION (PAYA8LE 2006): TYPE S.FAM.RES YEAR BUILT 1955 ARCH/STYLE 1-1/4 STRY FOUNDATION SQ FT 1076 FINISHED SQ FT 1268 BEDROOMS 2 BATHS 1 FRAME WOOD GARAGE sa FT 400 OTHER GARAGE MISC BLDG \ "fl~O ~C!J{j CiL11/<< ~fY () "F N t PLAT NAME: SECTION 25 TWN 114 RANGE 20 TAX DESCRIPTION: PT OF NE 1/4 COM AT INT S LINE & HGWY #19 NW ON RD 490 FT W 300 FT S 380 FT E 540 FT TO BEG 003860 2511420 This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of racords, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. Map Date: February 10, 2006 Parcels Updated: 11/1712005 Aerial Photography: 2004 .~tj~ '" ~xffl6lr ~ . 25-8 \0 ~ NV'l <::t- .. V'l 0\0 00 ~:8~ --!i ..Q E = <ll 0 Q';::l .: ~ OtQ ''::: ;.a ~ 0 u::E ~ ~ ~ h ~ i I ~nnil~i g gllmdi: ~~n~/3C/3 Il nnillll d~t~I',~ } I I I %~ ::J J I -; ,'" " , u 1:::1 I' ill o~s C\l l/'l c? II rn r.:I 5 <: ~ o ~ hI - \ ~!~ I L~i' I ~;i I I I ~rn gfia QU ~< 8z ~o rn ~~ ~~ s \J ~- ~ \\ // // / ~ ,.: i3 ~ ~ ~ "'~ ~ ~ ~ ~ ~~ w ~~ ~ ~ li:~ ~ CD i g o \ \ \ \ \ \ \ \ \ \ \ (" ./J \ 1.1 L~I \ \ \ \ \ \ \ \ ....... ...... ...... ! ~ n I U vi ~~ C> . ~ z>= ffi~~ \11 \11 .... 3 (QZ ~ ~ 0(50 - ~J . "..,.JI'I:IO"-u.....I'7l~ -- .-~ C'x,5 '" ~ ~ :; if ~ ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us <~~,I TO: Farmington Planning Commission FROM: Randy Distad, Parks and Recreation Director RE: Comments on Swanson Acres Preliminary Plat DATE: March 2, 2006 BACKGROUND Staffhas reviewed the Swanson Acres Preliminary Plat (Plat). DISCUSSION It doesn't appear that the development needs to have any trails or sidewalks since there are not any adjacent existing trails or sidewalks to connect to. Since the development is less than five acres and contains only seven lots, staff feels that there isn't a need to require land to be dedicated for a park. This development will be within the half mile radius of both Pine Knoll Park and Middle Creek Park, which is the standard that the City follows residential development. The City should instead take cash-in-lieu ofland to be dedicated for a park. It is important for the developer to know that they will need to complete an appraisal on the property in order to determine the cash-in-lieu value for the park dedication requirement. RECOMMENDATION: Staffrecommends to the Planning Commission that the Preliminary Plat for Swanson Acres development be approved with no trails or sidewalks being required and that the City should take cash in lieu of land in order to satisfy the park dedication requirement. R~.e . ctfully Submitted, /"; ~ )~- 1J / f . / :{tl'L- " Randy Distad Parks and Recreation Director -2- February 23, 2006 Per City Code 11-2-2 (as found at your web site), we are submitting 15 copies of the preliminary plat plans, 5 copies of the hydIOlogy calculations and a list of property owners located with 350 feet of the subject property. The developer 'Will be submitting the required fee as well. We believe we have provided all the required information per City Code 11-3-2 (as found at your website). It is our understanding that items listed under section D are to be provided when deemed necessary by City Staff. Please let us know if any of these items are needed. Thank you for considering our preliminary plat submittal. We realize this is a challenging site. We looking forward to working with you and the Engineering staff. The developer and I would be willing to meet to discuss any issues you may have. Sincerely, -- --/~ Probe Engineering Co., Inc. 1000 E. 146th Street Ste. 240 Burnsville, Mn 55337 cc: Mark Emond 25-11 . \ \ \ \ \ \ \ \ \ \ \ \ \ ..... l ./ ./ ./ '< / .................... / .................... / '-.......... ./................. '- / .................... ~ ..................... ...........~ / \ ~~ / \ ~~ / Y--< I I \ r ) /I-,,~ " / /""- V . ! · -! i'} ~ t ~ .! j ~1.'II I}: ~ Js~! i1;!! t ~U}q~J {H .. t] i ! ~ J I '..~ t J 1. 1 E ~ i: ;1. '!! ~ 1 I I IIIi' t "In i!,.. J . . t '! t -U 'I 1. I. 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W ~ ~ e ~ ~ I ~ o ~ I i~ ~5 ~!5 52 ~~ ~ vi ~t;; ~ 3 z>" a:Z~ \II <!: Ii; \II \II ~ ~ c=Z ~ 8 ~j lor) , o , ef, e 2 o o 2 , ~ z ~ ~ II ~ ,. /od City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Tim Gross, P.E., Assistant City Engineer~ Kevin Carroll, Community Development Director SUBJECT: Vermillion River Crossings -- Development Contracts (1) Consider Developer's Request for Amendment of Development Contract for Vermillion River Crossings (2) Consider Development Contract for Vermillion River Crossings 2nd Addition DATE: May 15, 2006 INTRODUCTION Vermillion River Crossings LLC ["the Developer"] has requested that the original Development Contract between the City and the Developer regarding the Vermillion River Crossing project be amended in certain respects. In addition, the Development Contract for Vermillion River Crossings Second Addition is now ready for the Council's consideration. DISCUSSION 1. Proposed First Amendment to Development Contract The City and the Developer entered into a Development Contract for the Vermillion River Crossings project on August 1,2005. The Development Contract included provisions regarding special assessments against all of the property located within the project. The special assessments were related to the cost of constructing an extension of Spruce Street between Denmark Avenue and the Vermillion River Crossings project. The Development Contract also included provisions regarding a tax abatement agreement between the City and the Developer, which was intended to help the Developer deal with the financial impact of the special assessments referred to above. The Developer has requested that the original Development Contract be amended so that the special assessments are allocated to all of the properties in the project except the parcel that was designated as Outlot D in the Preliminary Plat (which is designated as Lot, 1, Block 1 of Vermillion River Crossings 2nd Addition). The parcel in question is the site of the proposed Family Health Medical Clinic ["Clinic"]. The Developer has indicated that impending finalization of the real estate transaction between the Developer and the Clinic may not be possible if the Developer and the Clinic have to immediately address a substantial assessment against the parcel in question. The City Attorney and the City's financial advisors have indicated that excluding the Clinic site from the special assessments does not adversely affect the City's interests. The total amount of the special assessments that would have to be paid to the City would not be reduced; rather, the portion of the special assessments that would have been paid on the Clinic property would simply be spread proportionately over the remaining developable acreage. Given the fact that the total amount of the special assessments would not change under the arrangement outlined above, the Developer has requested that the potential tax abatement amounts also remain the same. Accordingly, Paragraph 3 on page 2 of the proposed First Amendment essentially provides that any tax abatement amounts that would have previously been available on the Clinic property will still be available to the Developer (if eligible under the applicable laws and contractual provisions) even if no special assessments are paid on or for the Clinic property. The proposed First Amendment to Development Contract has been reviewed and approved by City staff, the City Attorney and the City's financial advisors. 2. Development Contract for Vermillion River Crossings 2nd Addition The Preliminary Plat for Vermillion River Crossings was approved by the Planning Commission on June 28, 2005 and the Final Plat for Vermillion River Crossings Second Addition was approved by the City Council on March 6, 2006. The attached Development Contract for Vermillion River Crossings Second Addition has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. The conditions of approval for the Development Contract are as follows: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms ofthis Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the First Amendment to Development Contract and the Development Contract for Vermillion River Crossings 2nd Addition contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, ~ Tim Gross, P .E. 1/~En0 K III Carroll Community Development Director cc: File Robin Roland, Finance Director Joel Jamnik, City Attorney Shelly Eldridge, Ehlers & Associates Vermillion River Crossings LLC FamilyHealth Medical Clinic RESOLUTION NO. R -06 APPROVING THE FIRST AMENDMENT TO THE VERMILLION RIVER CROSSINGS DEVELOPMENT CONTRACT AND APPROVING THE DEVELOPMENT CONTRACT FOR VERMILLION RIVER CROSSINGS SECOND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the lSth day of May, 2006 at 7:00 P.M. Members present: Members absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. R84-0S, the City Council approved the Preliminary and Final Plat of Vermillion River Crossings and, WHEREAS, pursuant to Resolution No. Rl03-0S, the City has previously entered into a development contract with Vermillion River Crossing, LLC, regarding the development of the Vermillion River Crossings plat, and; WHEREAS, Vermillion River Crossing, LLC, is requesting an amendment to the development contract for the Vermillion River Crossings plat in regards to the special assessment and tax abatement provisions for the Spruce Street Extension Project, and; WHEREAS, pursuant to Resolution No. R3l-06, the City Council approved the Final Plat of Vermillion River Crossings Second Addition subject to the following conditions: l. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. 2. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. NOW THEREFORE, BE IT RESOLVED THAT: l. The First Amendment to the Vermillion River Crossings Development contract is hereby approved and the Mayor and City Administrator are hereby authorized and directed to sign said amendment, and; 2. The Development Contract for Vermillion River Crossings Second Addition, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the lSth day of May, 2006. Mayor Attested to this _ day of May, 2006. SEAL City Administrator FIRST AMENDMENT TO DEVELOPMENT CONTRACT THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT (the "Amendment"), dated as of , 2006, is made by and between THE CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and VERMILLION RIVER CROSSING, LLC, a Minnesota limited liability company ("Developer"), and for the sole purpose of consent, DOUGHERTY FUNDING, LLC, a Minnesota limited liability company (" Lender"). RECIT ALS A. City and Developer previously entered into that certain Development Contract dated as of August 1,2005, recorded October 26,2005, in the office of the Dakota County Recorder as Document No. 2374405 (the "Development Contract") providing for approval of the plat for Vermillion River Crossings and development of certain real property located in the City of Farmington, Minnesota, and as legally described in Exhibit "A" to the Development Contract (the "Property"). B. Developer assigned the Development Contract to the Lender for collateral purposes pursuant to that certain Assignment of Development Contract and Development Rights dated September 9,2005 (the "Collateral Assignment"). c. City and Developer desire to amend the terms and conditions of the Development Contract subject to and on the terms and conditions set forth in this Amendment. D. Lender has agreed to consent to this Amendment. NOW, THEREFORE, in consideration of the foregoing premises and the mutual agreements and covenants of the parties set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the Developer hereby agree as follows: 1. Definitions. Unless otherwise expressly defined herein, all capitalized terms shall have the meanings given such terms in the Development Contract. 2. Special Assessments - Spruce Street. Notwithstanding anything in the Development Contract to the contrary, the $2,000,000 assessment for the construction of Spruce Street (the "Spruce Street Assessment") as described in Section 6 of the DN: 286832 VeT: 1 Development Contract shall be allocated against all developable acreage in the Vermillion River Crossings development (the "Project") except for Outlot D (to be known as Lot I, Block I of Vermillion River Crossings 2nd Addition ("VRC 2nd Plat"). The portion of the Spruce Street Assessment that would otherwise be allocable to Outlot D shall be spread proportionately against the remaining developable acreage in the Project. The City hereby agrees that the Spruce Street Assessment will be levied against the Property over a I5-year period at 1.5% above the interest rate of the bonds issued to fund the Project, in accordance with the City's special assessment policy. 3. Tax Abatement. Notwithstanding anything in the Development Contract to the contrary, the City agrees that it will promptly enter into a tax abatement agreement ("Tax Abatement Agreement") with Developer for the Project which Tax Abatement Agreement shall provide that all tax abatements, including any tax abatements (if eligible) that the City provides or otherwise gives to the owner of Outlot D (Lot I, Block I of VRC 2nd Plat), whether or not such property is subject to the Spruce Street Assessment, or whether or not the Spruce Street Assessment has been assumed by the purchaser of any parcel within the Project (unless Developer has assigned such eligible tax abatements to the purchaser by written instrument delivered to the City or as set forth below) shall be transferred to and paid to the Developer to reimburse Developer for the costs of assessments paid (whether or not a portion or all of such assessments were imposed on or attributed to Outlot D) including any interest component thereof. The Tax Abatement Agreement will further provide that tax abatements will be paid for the maximum I5-year term allowed by law for each parcel comprising the Property (including Outlot D, if eligible), commencing in the year of full assessments of the initial improvements on each respective parcel of the Property (including Outlot D, if eligible), and provided, further, that in no event shall the total amount of tax abatements exceed the total amount of the Spruce Street Assessment and interest thereon, and any tax abatements in excess of such amount shall be retained by the City. Developer may, at its option, assign the tax abatements to lot purchasers; provided, however, that Developer may retain the benefit of the tax abatements to the extent such special assessments are prepaid by Developer upon sale of a lot within the Property. Any tax abatements in excess of amounts paid and payable by Developer, and its successors and assigns, on such special assessments shall be applied to prepayments of such special assessments. 4. Full Force and Effect; Conflict. Except as expressly amended or modified herein, all other terms and provisions of the Development Contract remain unmodified and in full force and effect. To the extent there is any conflict or inconsistency between this Amendment and the Development Contract, with respect to the matters addressed herein, the terms and provisions of this Amendment shall control. 5. Prior Agreements. This Amendment and the Development Agreement constitutes the entire agreement between the parties with respect to the matters contained therein and supersedes any and all prior understandings and agreements between the parties, whether oral or written, with respect thereto. DN: 286832 Ver: ] 6. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 7. Applicable Law. This Amendment shall be construed and enforced in accordance with the intemallaws ofthe State of Minnesota. 8. Lender Consent. Lender hereby consents to this Amendment. [Balance of page intentionally left blank] DN: 286832 VeT: 1 IN WITNESS WHEREOF, the parties herein have caused this First Amendment to Development Contract to be executed by their authorized signatories as of the date set forth in the first paragraph. VERMILLION RIVER CROSSING, LLC By: Name: Eugene E. Pedersen Title: Treasurer CITY OF FARMINGTON By: Name: Peter J. Herlofsky, Jr. Title: City Administrator By: Name: Kevan A. Soderberg Title: Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2006, by Kevan A. Soderberg, the Mayor, and Peter J. Herlofsky, Jr., the City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2006, by Eugene E. Pedersen, the Treasurer of Vermillion River Crossing, LLC a Minnesota limited liability company, on behalf of said limited liability company. Notary Public DN: 286832 Ver: ] The undersigned hereby consents to and approves the terms and conditions set forth in the First Amendment to Development Contract as of the date set forth below. DOUGHERTY FUNDING, LLC By: Name: Title: Date: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2006, by Gregory A. Bolin, the Senior Vice President of Dougherty Funding, LLC, a Delaware limited liability company, on behalf of said limited liability company. Notary Public This instrument was drafted by: Halleland Lewis Nilan & Johnson P A (JLM) 600 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402 612.338.1838 DN: 286832 Ver: I Exhibit A [Depiction of Outlot D - To Be Attached] DN: 286832 Ver: I DEVELOPMENT CONTRACT AGREEMENT dated this 15th day of May, 2006, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Vermillion River Crossing, LLC, a limited liability corporation (DEVELOPER). RECITALS A. The City and Developer previously entered into that certain Development Contract dated as of August 1, 2005, recorded October 26, 2005, in the office of the Dakota County Recorder as Document No. 2374405 (the "Project Development Contract") providing for approval of the plat for Vermillion River Crossings and development of certain real property located in the City of Farrnington, Minnesota, and as legally described in Exhibit "A" to the Development Contract (the "Project Property"). B. The parties desire to enter into this Development Agreement with respect to the Plat to set forth the parties' agreements with respect to the development obligations of Developer with respect to the Plat Property which are not set forth in the Project Development Agreement and to accommodate the specific development needs of the Plat. 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for Vermillion River Crossings Second Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Rie:ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 34G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Park Improvement Plan Plan E - ZoninglDevelopment Map Plan F - Wetlands Mitigation as required by the City Plan G - Final Street and Utility Plans and Specifications 1 The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. The installation of these utilities shall be constructed within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and standard detail plates. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been submitted for recording with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 4. Sales Office Requirements. At any location within the plat where residentiallots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoninl!lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and anticipated future roads; c. future phases; d. existing and proposed land uses; and e. future ponds within the development. 6. Required Public Improvements and Spruce Street Extension Proiect Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through G, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the final plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. 2 ~~ If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. 9505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public utilities, by November 30,2006, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by the City Engineer in writing. It is the responsibility of the Developer to request, in writing, City acceptance of the streets. Failure of the Developer to request acceptance of the streets in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the 3 City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 361 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manaeement Fee. The Developer shall pay an area storm water management charge of $ 31,494 in lieu of the property paying a like assessment at a later date. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $ 237,982 was given to the Developer for regional ponding and storm sewer oversizing within the Vermillion River Crossings plat to be applied against future phases of the development. The net result is a Surface Water Management Fee for Vermillion River Crossings Second Addition of $ O. The balance of the credit in the amount of $ 206,488 will be applied against future phases of the development. 4 16. Wetland Conservation and Mitil?:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charl?:e. The Developer shall pay a water main trunk area charge of$ 5,867 for the plat in lieu of the property paying a like assessment at a later date. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $135,347 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is a credit of $129,480 which will be applied against future phases of the development. 18. Water Treatment Plant Fee. The water treatment plant fee shall become due upon the issuance of building pennits. 19. Sanitary Sewer Trunk Area Charl?:e. The Developer shall pay a sanitary sewer trunk area charge of$ 4,748 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (to) year period with interest on the unpaid balance calculated at five percent (6%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall be required to dedicate .123 acres of land for park purposes. This park land shall be improved in accordance with the approved Park Improvement plan and the City's Engineering Guidelines. The Developer shall pay the City $ 12,978 as cash in lieu ofland in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (6%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Park Development Fee. The Developer shall pay a Park Development Fee of $2,069 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The park to which the Park Development Fee for Vermillion River Crossings Second Addition shall be credited/coded to is the Town Square Park. The City shall allow the Developer to either pay the entire park development fee at the time of final plat filing or to pay the park development fee on a per unit basis at the time that the building pennit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the final plat. 22. Sealcoatinl?:. The Developer agrees to pay a fee of $ 750 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 23. GIS Fees. The Developer is responsible for a Geographic Information System fee of $ 221 based upon the acreage or number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 25. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 26. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, 5 including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only, The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 27. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ O. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction N/A N/A N/A N/A N/A Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation N/A N/A N/A N/A N/A This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 28. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 6 D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (6%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Wetland Buffer and Natural Area Sie:ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 32. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. 7 E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. 1. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. 8 M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 33. O. Third parties have no recourse against the City under this contract. 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Eric M. Pedersen Pedersen Ventures, LLC 14831 Energy Way Apple Valley, MN 55124 Phone: 952-431-0213 epedersen@pedersenventures.com Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Peter J. Herlofsky, Jr., City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor By: Peter J. Herlofsky, Jr., City Administrator DEVELOPER: Vermillion River Crossing, LLC By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Kevan A. Soderberg, Mayor, and by Peter J. Herlofsky, Jr., City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Vermillion River Crossing, LLC, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT" A" VERMILLION RIVER CROSSINGS SECOND ADDITION LEGAL DESCRIPTION Outlot D and Outlot G, VERMILLION RIVER CROSSINGS, according to the recorded plat thereof, Dakota County, Minnesota. AND The south 9.33 feet of the east 89.61 feet of Outlot B, VERMILLION RIVER CROSSINGS, according to the recorded plat thereof, Dakota County, Minnesota. AND The south 9,33 feet of the west 89.60 feet of Outlot E, VERMILLION RIVER CROSSINGS, according to the recorded plat thereof, Dakota County, Minnesota. AND That part of Outlot C, VERMILLION RIVER CROSSINGS, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Beginning at the northeast comer of said Outlot C; thence on an assumed bearing of South, a distance of 383.37 feet to the southwest comer of Outlot G, said VERMILLION RIVER CROSSINGS; thence West, a distance of 15.00 feet; thence North, a distance of298.87 feet; thence North 45 degrees OOminutes 00 seconds West, a distance of 105.51 feet; thence North, a distance of9.90 feet, to the north line of said Outlot C, thence East, along said north line, a distance of89.61 feet to the point of beginning. AND That part of Lot 1, Block 3, VERMILLION RIVER CROSSINGS, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Beginning at the northwest comer of said Lot 1, Block 3; thence on an assumed bearing of South, a distance of383.37 feet to the southeast comer of Outlot G, said VERMILLION RIVER CROSSINGS; thence East, a distance of 15.00 feet; thence North, a distance of298.87 feet; thence North 45 degrees OOminutes 00 seconds East, a distance of 105.50 feet; thence North, a distance of9.90 feet, to the north line of said Lot 1, Block 3, thence West, along said north line, a distance of89.60 feet to the point of beginning. 12 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting TechnicianlSpecial Assessments Enclosure(s) Signature Date 13 EXHIBIT "C" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) ,20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U,S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 /Oe City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.nm.us TO: Mayor, City Council and City Administrator FROM: Kevin Carroll, Community Development Director SUBJECT: Joint Powers Agreement with Castle Rock Township (225th Street Reconstruction Project) DATE: May 15, 2006 INTRODUCTION Castle Rock Township has requested that the City enter into a Joint Powers Agreement [JPA] with the Township regarding the impending reconstruction of a portion of 225th Street. DISCUSSION The Development Contract between the City and the developer of the Executive Estates residential project requires the developer to reconstruct and pave the portion of 225th Street that is adjacent to the developer's project. Most of the north ~ of 225th Street in this vicinity is located within the city limits of Farmington, but all of the south ~ of 225th Street is located within Castle Rock Township. For this reason, Castle Rock Township has requested that the City enter into a Joint Powers Agreement with the Township, in order to clarify the rights and responsibilities of each of the two jurisdictions with regard to the road reconstruction project in question. Castle Rock representatives provided City staff with a draft of a proposed JP A at the Farmington/Castle Rock Discussion group meeting that occurred on April 27, 2006. The draft of the JP A was then circulated among and between other City staff members and the City Attorney, which resulted in recommendations regarding possible revisions. The proposed revisions were discussed with the Town Board Chair by telephone. He indicated that he considered it unlikely that there would be any objection(s) to the changes in question. He will presumably discuss them with the Town Board members at their next regular meeting on June 13, 2006, or possibly at a special meeting if one is conducted prior to that time. The attached JP A reflects the changes that been proposed by City staff. The revised JP A has been reviewed and approved by the City Attorney and the City Engineer/Public Works Director. ACTION REQUESTED Approve the attached Resolution regarding the Joint Powers Agreement for the 22Sth Street Reconst tion Project. cc: Castle Rock Township Lee Mann, City Engineer/Public Works Director RESOLUTION NO. R -06 JOINT POWERS AGREEMENT WITH CASTLE ROCK TOWNSHIP (22ST" STREET RECONSTUCTION PROJECT) Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 15th day of May, 2006 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the Development Contract between the City and the developer of the Executive Estates residential project requires the developer to reconstruct and pave the portion of 225th Street that is adjacent to the developer's project; and WHEREAS, most of the north Yz of the portion of 22Sth Street that is adjacent to the aforementioned residential project is located within the city limits of Farmington, but all of the south Yz of that portion of225th Street is located within Castle Rock Township, and WHEREAS, Castle Rock Township has requested that the City enter into a Joint Powers Agreement with the Township, in order to clarify the rights and responsibilities of each of the two jurisdictions with regard to the road reconstruction project in question. NOW, THEREFORE, BE IT RESOLVED that the proposed Joint Powers Agreement with Castle Rock Township regarding the 225th Street Reconstruction Project, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Administrator are hereby authorized and directed to execute and forward to Castle Rock Township a copy of the Joint Powers Agreement regarding the 225th Street Reconstruction Project. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of May, 2006. Mayor Attested to the day of ,2006. City Administrator SEAL JOINT POWERS AGREEMENT FOR THE APPROXIMATELY 1650 FEET OF 225TH STREET LOCATED EAST OF THE CENTERLINE OF TRUNK HIGHWAY 3 BETWEEN CASTLE ROCK TOWNSHIP AND THE CITY OF FARMINGTON 22STH STREET RECONSTRUCTION AGREEMENT This Reconstruction Agreement ("Agreement") is made this _day of ,2006, by and between the Town of Castle Rock, a Minnesota municipal corporation ("Castle Rock") and the City of Farmington, a Minnesota municipal corporation ("Farmington"), collectively referred to as the "Parties". RECITALS: 1. Under Minnesota Statutes Section 471.59, subd. 1, two or more governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unites). 2. Farmington shall be responsible for reconstruction of the approximately 1650 feet of 225th Street located east of the centerline of Trunk Highway 3 ("the Project") as outlined in the plans prepared for Castle Rock Development by Jacobson Engineer and Surveyors and dated December 15, 2005 (subject to any subsequent revisions required and/or approved by the Parties). 3. Farmington shall prepare any necessary additional plans and specifications for the Project. 4. Farmington shall prepare all construction contract documents and the Farmington attorney shall approve them. 5. Each of the Parties shall have its own contact person to review field work, occurring within its jurisdictional boundaries, as described in the contract documents for conformance with contract specifications and shall coordinate efforts wherever possible to ensure that the construction of the Project proceeds in an efficient manner. 6. The Developer of the Executive Estates project shall be responsible for all Project costs including Castle Rock engineering costs previously incurred or to be incurred related to the Project. 7. As to the City's portion of the Project and the City's portion of the future maintenance of the Project area, Farmington agrees to indemnify and hold Castle Rock harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses involved therein and attorney's fees and costs and expenses connected therewith arising out of the Project. Nothing herein will constitute a waiver of limitation of liability available at Minnesota Statute Chapter 466 and other applicable law. 1 NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Incorporation of Recitals. Recitals 1 through 7 are incorporated as part of this Agreement as if fully restated herein. 2. Farmington shall perform the proiect. Farmington shall cause to be reconstructed the approximately 1650 feet of 225th Street located east of the centerline of Trunk Highway 3. 3. Ownership of the Proiect. Upon completion of the construction of the Project, ownership of the Project area shall remain with the government wherein the land is located. 4. Waiver. Any and all persons engaged in the work to be performed by Farmington shall not be considered employees, contractors, of agents of Castle Rock for any purpose, including Workers Compensation, or any and all claims that mayor might arise out of said employment or contract context on behalf of said employees, contractors, or agents while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said Farmington employees, contractors or agents while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Castle Rock. 5. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of Farmington and Castle Rock relevant to the Agreement are subject to examination by the Parties and either the Legislative Auditor or the State Auditor as appropriate. The Parties agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 6. Integration. This agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the reconstruction of the 1650 feet of 225th Street located east of the centerline of Trunk Highway 3; whether written or oral. CITY OF FARMINGTON, a Minnesota municipal corporation TOWN OF CASTLE ROCK, a Minnesota municipal corporation By: Kevan Soderberg Its: Mayor By: Russ Zellmer Its: Chair By: Its: City Administrator By: Maralee Rother Its: Clerk 2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us //CL /j TO: Mayor, Councilmembers, City Administrator0 FROM: Lisa Shadick, Administrative Services Director SUBJECT: Draft Community Survey Questionnaire DATE: May 15, 2006 ACTION REQUESTED The following is a draft questionnaire for the Community Survey for Council review and approval. BUDGET IMPACT The cost associated with the survey based on 45 questions is $17, 825 and are included in the 2006 Communications budget. SUMMARY CJ Olson Market Research, Inc. will be conducting a telephone survey of 500 residents. Staff has been working with CJ Olson to draft a questionnaire. The proposed survey contains 42 structured questions and 3 open-ended questions. Respectfully submitted, /~ Il)A~ Lisa A. Shadick Administrative Services Director CJ OLSON MARKET RESEARCH May, 2006 COMML'NITY #26016 START: FIRST NAME: PHONE: END: REP / PAGE #: / INTERVIEWER: DATE: MALE........... 1 FEMALE ...... 2 SUP: ASK TO SPEAK TO AN ADULT IN THE HOUSEHOLD. Hello, my name is and I am calling from CJ Olson Market Research, a national market research firm located in Minneapolis. Weare conducting a survey with Farmington residents on a variety of issues and we would like to include your opinions. Weare not selling anything; this is strictly for research purposes. All information in this survey will be kept confidential. Your opinions are important and will assist the City of Farmington's planning process. 1. How would you rate the quality oflife in this community? Would you say it is excellent, good, only fair, or poor? (CIRCLE CODE) Excellent........................................................... 4 Good.................................................................. 3 Only fair ............................................................ 2 Poor................................................................... 1 DON'T KNOW/ REFUSED............................ 9 2. What do you like most about living in Farmington? (RECORD WORD FOR WORD. PROBE AND CLARIFY) ] 9 2 ]0 3 ]] 4 ]2 5 13 6 97 7 98 8 99 H:\Survey Questions Draft 3,doc 05110/06 2:37 PM CJ OLSON MARKET RESEARCH May, 2006 COMMUNITY #26016 3. In general, what do you think are the two most serious issues facing the community today? (RECORD WORD FOR WORD. PROBE AND CLARIFY) ] 9 2 10 3 ]] 4 ]2 5 ]3 6 97 7 98 8 99 4. Now I am going to read you a list of a few city services. For each one, please tell me whether you would rate the quality of the service as excellent, good, only fair, or poor. (READ LIST, ROTATE ORDER, CIRCLE CODES) ONLY POOR FAIR a. Police protection.... .... .................................. ........ 1 ...... ...2 ....... b. Fire protection.... ............... .............. .................... 1 .........2 ... .... c. Quality of City drinking water ............................ 1.........2 ....... d. Garbage disposal service..................................... 1.........2 ....... e. Curbside recycling service .................................. 1.........2 ....... f. Animal control....................... ............... .............. 1 .........2 ....... g. Street lighting...................................... ................ 1 .........2 ....... DK/ GOOD EXCELLENT REF. .... 3 ....... ..........4................... 9 ....3....... ..........4................... 9 .... 3 ....... ..........4................... 9 ....3....... ..........4................... 9 .... 3....... ..........4................... 9 .... 3....... ..........4................... 9 .... 3....... .......... 4 ................... 9 Roadways in the City of Farmington consist of both city and county streets and State roads. City streets are those found in residential neighborhoods and also include major streets such as Akin Road and 190th Street. County streets are the following major roadways: Pilot Knob Road, Ash Street, Elm Street, 195th Street, County State Aid Highway 50. State roads are State Trunk Highway 3 and State Trunk Highway 50. 5. Again, please tell me whether you would rate the quality of the following City services on City roadways as excellent, good, only fair, or poor. (READ LIST, ROTATE ORDER, CIRCLE CODES) ONLY POOR FAIR a. Street pavement repair and patching................... 1.........2 ....... b. Snowplowing of city streets ................................ 1.........2 ....... c. Sweeping of city streets ...................................... 1.........2 ....... DK/ GOOD EXCELLENT REF. ....3....... .......... 4 ................... 9 ....3....... .......... 4 ................... 9 .... 3....... .......... 4 ................... 9 H:\Survey Questions Draft 3.doc 05/10/06 2:37 PM 2 CJ OLSON MARKET RESEARCH COMMUNITY May, 2006 #26016 As you may know, property taxes are divided between the City of Farmington, Dakota County and the School District in the City. Of your total property tax bill, 36% goes to the city government. 6. Would you favor or oppose an increase in city property taxes if it were needed to maintain city services at their current level? (CIRCLE CODE) FAVOR.............. ............................................... 1 OPPOSE............................................................ 2 DON'T KNOW/ REFUSED............................ 9 That's all of our questions on this topic. Let's move on to our next topic. 7. During the summer months the hours at City Hall change from 8:00 am to 4:30 pm Monday through Friday to 7:00 am to 5:30 pm Monday through Thursday and from 7:00 am to noon on Fridays. As a resident, do you find these hours beneficial, or not? (CIRCLE CODE) yES................................ ................................... 1 NO.. ................................................................... 2 DON'T KNOW/ REFUSED............................ 9 8. During the past year, what department have had the most contact with? (CIRCLE CODE) Police Department............................................ Fire Department Public Works..................................................... Park & Recreation Building Inspections Engineering Community/Economic Development Planning Human Resources Administration Finance/Utility Billing General Information Don't Know/Refused 1 2 3 4 5 6 7 8 9 10 11 12 13 (SKIP TO Q10) 9. Now thinking about your last contact with City staff, how would you rate the service received? Excellent........... .................. .............................. 4 Good.................................................................. 3 Only fair ........... ................................................. 2 Poor.................. ................................................. 1 DON'T KNOW/ REFUSED............................ 9 H:\Survey Questions Draft 3.doc 05/10/06 2:37 PM 3 CJ OLSON MARKET RESEARCH May, 2006 COMMUNITY #26016 10. From what you know about the work of the Mayor and Council, do you approve or disapprove of the job the Mayor and City Council are doing? (PROBE: And, do you feel strongly that way?) Strongly approve.............................................. 4 Approve.................................. ........................." 3 Disapprove........................................................ 2 Strongly disapprove ....... ........................... ....... 1 DON'T KNOW/ REFUSED............................ 9 11. Does the development across the city seem well-planned for the future of Farmington? (DO NOT READ LIST, CIRCLE CODE) yES......................................................... 1 NO........................................................... 2 SOMETIMES ........................................, 3 DON'T KNOW/ REFUSED.................., 9 12. Do you think the rate of residential development in Farmington is too fast, too slow, or about right? (CIRCLE CODE) Too fast... ........... ........ ............. ..............., 1 About right .............................................. 2 Too slow................................................., 3 DON'T KNOW/ REFUSED................... 9 13. What types of new or additional retail, service, restaurant or leisure-time businesses would you like to see available in the City of Farmington? (RECORD WORD FOR WORD. PROBE AND CLARIFY) 14. Do you think city government should have a role in providing high speed internet service to residents? yES........................................................, 1 NO.........................................................., 2 DON'T KNOW/ REFUSED................... 3 H:\Survey Questions Draft 3.doc 05/10/06 2:37 PM 4 CJ OLSON MARKET RESEARCH COMMl,;"NITY May, 2006 #26016 15. What is your primary source of information about city government and its activities? (DO NOT READ LIST, CIRCLE CODE) NEWSP APER........................................, 1 WEB SITE ..............................................' 2 NEWSLETTER(The Bridge)................., 3 CABLE TV............................................. 4 OTHER (SPECIFY) DON'T KNOW/REFUSED 7 9 16. Have you accessed the City's website? (CIRCLE CODE) yES........................................................, 1 NO .........................................................., 2 (SKIP TO Q31) DON'T KNOW/ REFUSED.................., 9 (SKIP TO Q31) 17. What information on the website did you find most useful? (DO NOT READ LIST, CIRCLE CODES) ABOUT FARMINGTON .............................................. 1 CITY NEWS/ INFORMATION.................................... 2 CITY CODES & FEES FOR SERVICES ..................... 3 CITY GOVERNMENT ............... .................................. 4 CITY DEPARTMENTS/ STAFF .................................. 5 CITY SERVICES .......................................................... 6 COMMUNITY DEVELOPMENT ................................ 7 BUILDING INSPECTIONS.......................................... 8 PARKS & RECREATION.... ............ ............... ............. 9 OTHER (SPECIFY) 97 DON'T KNOW/ REFUSED.......................................... 99 That's all of our questions on this topic. Let's move on to our next topic. 18. During the past 12 months have you had any contact with the Farmington Police Department? (CIRCLE CODE) yES........................................................, 1 NO.........................................................., 2 (SKIP TO Q19) DON'T KNOW/ REFUSED................... 9 (SKIP TO Q19) H:\Survey Questions Draft 3.doc 05110106 2:37 PM 5 CJ OLSON MARKET RESEARCH COMMUNITY May, 2006 #26016 19. Which best describes the nature of your contact: casual, request for assistance, meeting or informational contact, victim of crime, or as an offender being ticketed or arrested? (CIRCLE CODES) CasuaL........................ ............................, 1 Request for assistance ............................. 2 Meeting! informational.........................., 3 Victim of crime. ................ ...................... 4 Offender................................................., 5 OTHER (SPECIFY) 7 DON'T KNOW/ REFUSED................... 9 20. How satisfied are you with the level of police services in Farmington? Would you say very satisfied, somewhat satisfied, somewhat dissatisfied, or very dissatisfied? (CIRCLE CODE) Very satisfied .......................................... 4 Somewhat satisfied ................................, 3 Somewhat dissatisfied............................. 2 Very dissatisfied.. ..... ..... ......... ............ ...., 1 DON'T KNOW/ REFUSED................... 9 21. Which of the following do you consider to be the greatest public safety problem in Farmington? (READ LIST, ROTATE ORDER & CIRCLE ONE CODE) Violent crime .......................................... 1 Juvenile crime ......................................... 2 Burglary..................... ............................, 3 Drugs.......................... ............................, 4 Gangs ...................................................... 5 Traffic violations.... .............. .... ...... ......... 6 Something else (SPECIFY) 7 NONE ARE SERIOUS........................... 8 DON'T KNOW/ REFUSED................... 9 That's all of our questions on this topic. Let's move on to our next topic. 22. If you and the members of your household have used City parks within the last 12 months, how would you rate the quality of the parks? Excellent................................................. 4 Good........................................................ 3 Fair........................................................., 2 Poor......................................................... 1 Have not used the parks ........................., 9 H:\Survey Questions Draft 3.doc 05/10/06 2:37 PM 6 CJ OLSON MARKET RESEARCH May, 2006 COMMUNITY #26016 23. Which of the following types of parks do you think should be the top priority for development in Farmington during the next five years? (CIRCLE CODE) Small mini parks ...................................., 4 Neighborhood Parks................................ 3 Large community parks w/athletic 2 fields....................................................... , Natural or open space areas ..................., 1 DON'T KNOW/REFUSED 24. In the past 12 months, if you or any members of your household have participated in recreational programs offered by the City during the past year, how would you rate your experience? (CIRCLE CODE) Excellent................................................. 1 Good......................................................., 2 Fair Poor Have not participated in any programs... 9 25.Ifyou or any members of your family have used any City Trails in the past 12 months, how would you rate the quality of the trails? (CIRCLE CODE) Excellent 1 Good........................................................ 2 Fair.......................................................... 9 Poor Have not used trails Now, just a few more questions for demographic purposes. 26.Do you reside in an apartment, townhouse or condominium, or an unattached single-family home? (CIRCLE CODE) APARTMENT.. ...................................... 1 TOWNHOUSE/ CONDO......................, 2 SINGLE-FAMILY HOME ...................., 3 SOMETHING ELSE (SPECIFY) 7 DON'T KNOW/ REFUSED................... 9 H:\Survey Questions Draft 3.doc 05/10/06 2:37 PM 7 CJ OLSON MARKET RESEARCH CO~~L~ITY May, 2006 #26016 Could you please tell me how many people in each of the following age groups live in your household? Let's start with the oldest group. Be sure to include yourself. 27. First, how many persons ages 65 and over live in your household? (CIRCLE CODE) NONE ....................................................' 0 ONE......................................................., 1 TWO OR MORE ...................................' 2 REFUSED .............................................., 9 28. Adults under age 65? (CIRCLE CODE) NONE ..................................................... 0 ONE ......................................................., 1 TWO......................................................, 2 THREE OR MORE................................. 3 REFUSED.............................................., 9 29.School-aged children or pre-school children? (CIRCLE CODE) NONE...................................................., 0 ONE .. ....................................................., 1 TWO....................................................... 2 THREE OR MORE................................, 3 REFUSED.............................................., 9 30. Into which of the following ranges does your age fall? (READ LIST, CIRCLE ONE CODE) 18 -24 ......................................................' 1 25-34 ....... ..............................................., 2 35-44 ......................................................' 3 45-54 .......................... ............................, 4 55-64 .......................... ............................' 5 65 and over............................................., 6 REFUSED ..............................................' 9 H:\Survey Questions Draft 3.doc 05/10/06 2:37 PM 8 CJ OLSON MARKET RESEARCH COMMUNITY May, 2006 #26016 31. Which of the following categories best represents your household's total yearly income before taxes? (READ LIST, CIRCLE CODE) Less than $20,000 ......................... 1 $20,000 to $29,999 ....................... 2 $30,000 to $39,999 ....................... 3 $40,000 to $49,999 ....................... 4 $50,000 to $59,999 ....................... 5 $60,000 to $69,999 ....................... 6 $70,000 to $79,999 ....................... 7 $80,000 to $89,999....................... 8 $90,000 to $99,999 ....................... 9 $100,000 or over ........................... 10 DON'T KNOW/ REFUSED......... 99 Thank you very much for your time. (FILL IN FRONT BOX INFORMATION) H:\Survey Questions Draft 3.doc 05/10/06 2:37 PM 9 Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. R55CKSUM LOG23000VO COUNCIL MEETING ON MAY 15, 2006 Vendor AFFINITY PLUS FEDERAL CREDIT U AIRLAKE TRUCK Business Unit EMPLOYEE EXPENSE FUND SNOW REMOVAL SERVICES CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 5/1/2006 - 5/14/2006 Object CREDIT UNION PAYABLE Amount 2,650.00 2,650.00 VEHICLE REPAIR SERVICE 3,294.54 3,294.54 ALCORN BEVERAGE CO. INC, COST OF GOODS SOLD COST OF GOODS SOLD 8,912.82 12,213.03 21,125.85 ALLSTATE SALES & LEASING CORP. AMERICAN PAVEMENT SOLUTIONS IN ANCOM COMMUNICATIONS INC ANDERSEN INC, EARLF APPLE VALLEY FORD APPLE VALLEY, CITY OF ARCTIC GLACIER ICE ASSOCIATION OF RECYCLING MANAG ASSURANT EMPLOYEE BENEFITS AUTOMATIC SYSTEMS CO. DOVIINTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR REVENUE SOLID WASTE OPERATIONS ANNUAL SEALCOATING PROJECT FIRE CAPITAL PROJECTS STREET MAINTENANCE PATROL SERVICES CABLE/COMMUNICATIONS PROJECTS DOVIINTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR REVENUE SOLID WASTE OPERATIONS EMPLOYEE EXPENSE FUND SEWER OPERATIONS EXPENSE WATER UTILITY EXPENSE VEHICLE SUPPLIES & PARTS 61.35 61.35 PROFESSIONAL SERVICES 14,535.00 14,535.00 OTHER SUPPLIES & PARTS 1,893.31 1,893.31 SIGNS & STRIPPING MATERIALS 932.30 932.30 VEHICLE REPAIR SERVICE 67.55 67,55 PROFESSIONAL SERVICES 8,988.25 8,988,25 COST OF GOODS SOLD COST OF GOODS SOLD 200.85 358.75 559,60 TRAINING & SUBSISTANCE 100.00 100.00 EMPLOYEE BENEFITS 882.33 882.33 EQUIPMENT REPAIR SERVICE EQUIPMENT REPAIR SERVICE 254.75 254.75 509.50 ~ R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 CouncU Check Summary Page - 2 5/1/2006 - 5/1412006 Vendor Business U nil Object Amount BATCHELDER, JIM RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 BECKER ARENA PRODUCTS INC ICE ARENA OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 113.74 113.74 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 257.60 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 335.92 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,462.89 PILOT KNOB LIQUOR REVENUE OTHER SUPPLIES & PARTS 52.34 2,108.75 BERRY COFFEE COMPANY ADMINISTRATION OFFICE SUPPLIES 71.06 EMPLOYEE EXPENSE FUND COFFEE FUND 213.19 284.25 BJ PRODUCTIONS DOWNTOWN LIQUOR REV & EXP UNIFORMS & CLOTHING 48.63 PILOT KNOB LIQUOR REVENUE UNIFORMS & CLOTHING 48.62 97.25 BOERBOOM, ROB INFORMATION TECHNOLOGY MILEAGE REIMBURSEMENT 80.35 80.35 BONESTROO ROSENE ANDERLlK INC ENGINEERING SERVICES PROFESSIONAL SERVICES 6,833.91 STREET MAINTENANCE PROFESSIONAL SERVICES 27.00 MEADOVIJI/IEW PARK PROFESSIONAL SERVICES 238,73 MIDDLE CREEK PARK PROFESSIONAL SERVICES 238.73 VERMILLION GROVE PARK PROFESSIONAL SERVICES 238.73 STREET CONSTRUCTION PROFESSIONAL SERVICES 5,314.07 ANNUAL SEALCOATING PROJECT PROFESSIONAL SERVICES 308.57 ASH STREET PROJECT PROFESSIONAL SERVICES 5,566.79 MAIN STREET PROFESSIONAL SERVICES 790.06 195TH ST EXTENSION PROFESSIONAL SERVICES 2,383.92 208th ST WEST PROFESSIONAL SERVICES 2,015.99 SPRUCE ST EXTENSION PROFESSIONAL SERVICES 47,258.93 FIRE CAPITAL PROJECTS PROFESSIONAL SERVICES 52.00 STORM WATER TRUNK PROFESSIONAL SERVICES 14,281.58 PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 2,876.00 FLAGSTAFF AVE PROFESSIONAL SERVICES 3,598.92 HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 58,568.79 MIL & OVERLAY ANNUAL PRJ PROFESSIONAL SERVICES 180.00 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 6,444,09 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 CouncU Check Summary Page - 3 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 2,275.00 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 4,760.18 WELL #8 PROFESSIONAL SERVICES 1,953.36 INSURANCE PROFESSIONAL SERVICES 4,380.00 170,585.35 BOYER TRUCKS SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 1,030.24 1,030.24 BUDGET BLINDS PILOT KNOB LIQUOR REVENUE EQUIPMENT REPAIR SERVICE 434.52 434.52 BUREAU OF CRIMINAL APPREHENSIO INVESTIGATION SERVICES TRAINING & SUBSISTANCE 120.00 120.00 BURNSVILLE, CITY OF PATROL SERVICES CONTRACTUAL SERVICES 1,099.44 FIRE SERVICES CONTRACTUAL SERVICES 549.73 1,649.17 CALL ONE INC ADMINISTRATION OFFICE SUPPLIES 236.11 236.11 CANNON RIVER WINERY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,456.00 3,456.00 CANNON VALLEY PRINTING RECREATION PROGRAM SERVICES OUTSIDE PRINTING 2,489,70 2,489.70 CATCO PARTS SERVICE SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 163.54 163.54 CDWGOVERNMENT INC INFORMATION TECHNOLOGY OFFICE SUPPLIES 224.70 224.70 CHENEY,HEATHER SEWER OPERATIONS REVENUE ENTERPRISE SALES 19.74 19,74 CINTAS -754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 156.44 STREET MAINTENANCE UNIFORMS & CLOTHING 107.72 PARK MAINTENANCE UNIFORMS & CLOTHING 231.17 BUILDING MAINT SERVICES UNIFORMS & CLOTHING 8.35 BUILDINGMAINT SERVICES PROFESSIONAL SERVICES 75.08 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/1112006 12:54:55 Council Check Summary Page - 4 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount SEWER OPERATIONS EXPENSE UNIFORMS & CLOTHING 107.72 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 93.88 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 332,25 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 93,88 STORM WATER UTILITY OPERATIONS UNIFORMS & CLOTHING 107.72 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 18.76 WATER UTILITY EXPENSE UNIFORMS & CLOTHING 107.72 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 93,88 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 210.77 FLEET OPERATIONS UNIFORMS & CLOTHING 66.27 1,811.61 CMI MAILING & MARKETING SVS RECREATION PROGRAM SERVICES OUTSIDE PRINTING 2,538.85 2,538.85 CNH CAPITAL STREET MAINTENANCE RENTAL OF EQUIPMENT 393.42 PARK MAINTENANCE RENTAL OF EQUIPMENT 417.05 810.47 COCA-GOLA ENTERPRISES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 504.09 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 961.20 1,465.29 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 15,394.75 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 18,241.30 33,636.05 CONOCOPHILLlPS FLEET STREET MAINTENANCE FUEL 268.90 268.90 CONSTANTINEAU, JAMES POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 91.89 PATROL SERVICES TRAINING & SUBSISTANCE 15.00 106.89 CULLIGAN ULTRAPURE INDUSTRIES DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 7.65 7.65 DAFFINSON PAVEMENT MAINTENANCE ANNUAL SEALCOATING PROJECT PROFESSIONAL SERVICES 433.30 433.30 DAKOTA COUNTY LICENSE CENTER CAPITAL ACQUISITION VEHICLES 1,235,19 1,235.19 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Counc~ Check Summary Page - 5 5/112006 - 5/14/2006 Vendor Business Unit Object Amount DAKOTA COUNTY LUMBER COMPANY PARK MAINTENANCE OTHER SUPPLIES & PARTS 189.48 189.48 DAKOTA COUNTY TREASURER SNOW REMOVAL SERVICES STREET MATERIALS 18,328.00 1832800 DAKOTA COUNTY TREASURER/AUDITO PARK IMPROVEMENT FUND OTHER 53.44 53.44 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,764.05 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 883.95 2,648.00 DEPT OF PUBLIC SAFETY FIRE SERVICES PROFESSIONAL SERVICES 15.00 15.00 DIAMOND VOGEL PAINT CENTER STREET MAINTENANCE SIGNS & STRIPPING MATERIALS 626.86 626.86 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 21,768.46 21,768.46 DISTAD. RANDY RECREATION PROGRAM SERVICES MILEAGE REIMBURSEMENT 96.12 96.12 DIVERSIFIED CRYOGENICS PATROL SERVICES VEHICLE REPAIR SERVICE 176.11 176.11 DYNAMEX PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 46.85 46.85 EXTREME BEVERAGE LLC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 224.00 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 384.00 608.00 FARMINGTON CLINIC FIRE SERVICES PROFESSIONAL SERVICES 160,00 160.00 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 52,00 52.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 6 5/1/2006 - 5/14/2006 Vendor Business Un~ Object Amount FARMINGTON PRINTING INC ADMINISTRATION OFFICE SUPPLIES 636.87 COMMUNICATIONS PROFESSIONAL SERVICES 756,15 FIRE SERVICES OUTSIDE PRINTING 44.73 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 31.95 1,469,70 FARMINGTON, CITY OF RAMBLING RIVER CENTER OTHER 200.00 200.00 FINKE, ROBERT RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 88.00 88.00 FIRE SAFETY USA INC FIRE SERVICES EQUIP SUPPLIES & PARTS 733.07 733.07 FRONTIER COMMUNICATIONS-ACCESS INFORMATION TECHNOLOGY TELEPHONE 337.23 POLICE ADMINISTRATION TELEPHONE 143.06 FIRE SERVICES TELEPHONE 143.05 623.34 GALLS INCORPORATED POLICE ADMINISTRATION UNIFORMS & CLOTHING 80.97 80.97 GEISE, TRACY EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 1,005.00 1,005.00 GENERAL FIRE EQUIPMENT CO INC CAPITAL ACQUISITION MACHINERY & EQUIPMENT 2,570.00 2,570.00 GOODIN COMPANY SVIIIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 410.03 410.03 GRAND VIEW LODGE PATROL SERVICES TRAINING & SUBSISTANCE 215.13 215.13 GRIGGS COOPER & CO DOV\INTOWN LIQUOR REV & EXP COST OF GOODS SOLD 8,307.55 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 6,846.43 15,153.98 HOHENSTEINS INC DOV\INTOWN LIQUOR REV & EXP COST OF GOODS SOLD 648.25 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 1,933.00 2,581,25 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 7 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount HOUCK, JULIE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 127.80 127.80 HUGHES, RUSSELL RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 154,00 1!i4 00 HYDRO METERING TECHNOLOGY WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 597.13 597.13 ICMA RETIREMENT TRUST-457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,036.92 5,036,92 IKON OFFICE SOLUTIONS ADMINISTRATION EQUIPMENT REPAIR SERVICE 284.07 ADMINISTRATION RENTAL OF EQUIPMENT 123.01 407.08 INDEPENDENT BLACK DIRT CO INC STREET MAINTENANCE STREET MATERIALS 24,00 PARK MAINTENANCE LANDSCAPING MATERIALS 24.00 48.00 JIRIK SOD FARMS INC SNOW REMOVAL SERVICES OTHER REPAIR 3,852,80 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 672.00 4,524.80 JJB PRODUCT PARK MAINTENANCE OTHER SUPPLIES & PARTS 55.95 55.95 JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 13,252.80 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 5,652.35 18,905.15 JOHNSON LOGGING INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 2,323.83 2,323.83 KEEPRSINC PATROL SERVICES UNIFORMS & CLOTHING 1,056,18 1,056.18 KORBA, JERRY RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 66.00 66.00 KROOG, RACHAEL NPDES Phase II PROGRAMMING EXPENSE 425.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 8 5/112006 - 5/14/2006 Vendor Business Unit Object Amount 425.00 LAMPERTS POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 36,41 36.41 LARSON, LENA SOLID WASTE OPERATIONS MILEAGE REIMBURSEMENT 5.34 SOLID WASTE OPERATIONS PROGRAMMING EXPENSE 103.52 108.86 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 240.50 240.50 LEAGUE OF MINNESOTA CITIES - P LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 85.00 HUMAN RESOURCES PROFESSIONAL SERVICES 150.00 ENGINEERING SERVICES TRAINING & SUBSISTANCE 20.00 SEWER OPERATIONS EXPENSE TRAINING & SUBSISTANCE 10.00 WATER UTILITY EXPENSE TRAINING & SUBSISTANCE 10,00 275,00 LOCAL GVMT INFO SYSTEMS ASSN. HUMAN RESOURCES DATA PROCESSING 1,102.00 INFORMATION TECHNOLOGY DATA PROCESSING 4,459.20 GENERAL ACCOUNTING DATA PROCESSING 1,829.00 GENERAL ACCOUNTING OUTSIDE PRINTING 535,76 BUILDING INSPECTIONS DATA PROCESSING 1,560,00 POLICE ADMINISTRATION DATA PROCESSING 5,411.40 POLICE ADMINISTRATION TELEPHONE 360.00 CABLE/COMMUNICATIONS PROJECTS PROFESSIONAL SERVICES 184.00 FIRE CAPITAL PROJECTS PROFESSIONAL SERVICES 672.50 FIRE CAPITAL PROJECTS MACHINERY & EQUIPMENT 2,425.10 SEWER OPERATIONS EXPENSE DATA PROCESSING 335.50 SOLID WASTE OPERATIONS DATA PROCESSING 335.50 STORM WATER UTILITY OPERATIONS DATA PROCESSING 335.50 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 335.50 19,880.96 M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 592.81 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 833.85 1,426.66 M. SHANKEN COMMUNICATIONS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 12,50 12,50 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 9 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount MANUFACTURING MARKETING SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 1,071.92 1,071,92 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,865.81 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 6,907.65 1177346 MCNEILUS TRUCK & MFG CO SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 513.37 513.37 MEDICA EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 88,483.06 88,483,06 METRO ALARM DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 446.98 446.98 METRO FIRE FIRE SERVICES EQUIP SUPPLIES & PARTS 12,79 12,79 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 15,345.00 15,345.00 MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 697.63 697.63 MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108.34 108.34 MINNESOTA PIPE AND EQUIPMENT WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 89.07 89.07 MINNESOTA POLLUTION CONTROL AG ASH STREET PROJECT PROFESSIONAL SERVICES 1,230,00 1,230.00 MINNESOTA RECREATION & PARKAS RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 580.00 580.00 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 1,887.92 1,887.92 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,314.24 1,314,24 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 10 ../ 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 284.43 284.43 MN STATE ASSOCIATION PATROL SERVICES TRAINING & SUBSISTANCE 100.00 100.00 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175.00 175.00 MOTOR PARTS SERVICE CO INC SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 71.04 71.04 MTI DISTRIBUTING PARK MAINTENANCE EQUIP SUPPLIES & PARTS 25.56 25.56 MURPHY, JAMES POLICE ADMINISTRATION TRAINING & SUBSISTANCE 234,01 234.01 MUZAK-NORTHCENTRAL DOVVNTOVVN LIQUOR REV & EXP PROFESSIONAL SERVICES 56.98 PILOT KNOB LIQUOR REVENUE PROFESSIONAL SERVICES 60.23 117.21 MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 98.75 98.75 NEXTEL COMMUNICATIONS ADMINISTRATION CELLULAR PHONES 114.87 HUMAN RESOURCES CELLULAR PHONES 54.43 BUILDING INSPECTIONS CELLULAR PHONES 147.15 COMMUNITY DEVELOPMENT CELLULAR PHONES 133.57 PATROL SERVICES CELLULAR PHONES 837.22 FIRE SERVICES CELLULAR PHONES 244.72 ENGINEERING SERVICES CELLULAR PHONES 201.67 PARK MAINTENANCE CELLULAR PHONES 401.68 BUILDING MAINT SERVICES CELLULAR PHONES 106.74 RECREATION PROGRAM SERVICES CELLULAR PHONES 273.54 SENIOR CENTER PROGRAMS CELLULAR PHONES 20.57 DOVVNTOVVN LIQUOR REV & EXP CELLULAR PHONES 38.40 SEWER OPERATIONS EXPENSE CELLULAR PHONES 132.44 SOLID WASTE OPERATIONS CELLULAR PHONES 239,87 WATER UTILITY EXPENSE CELLULAR PHONES 132.44 FLEET OPERATIONS CELLULAR PHONES 81.12 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 11 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount 3,160.43 NOOR, MOGAMAT & TERESA SEWER OPERATIONS REVENUE ENTERPRISE SALES 33.38 33.38 OFFICEMAX A BOISE COMP.'\NY .~.DMINISTRATION OFFICE SIIPPLIES 1.17'3 23 1,173.23 ORKIN EXTERMINATING BUILDING MAINT SERVICES PROFESSIONAL SERVICES 72.22 72.22 PARKER, BRAD FIRE SERVICES BUILDING SUPPLIES & PARTS 460.08 460.08 PAUSTIS WINE CO. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 201,50 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 254.99 456.49 PELLlCCI HARDWARE & RENTAL STREET MAINTENANCE OTHER SUPPLIES & PARTS 287.45 SIGNAL MAINTENANCE OTHER SUPPLIES & PARTS 48.77 PARK MAINTENANCE FUEL 2,211.62 BUILDING MAINT SERVICES BUILDING SUPPLIES & PARTS 112.28 BUILDING MAINT SERVICES CLEANING SUPPLIES 581.30 SENIOR CENTER PROGRAMS BUILDING REPAIR SERVICE 185,64 SWIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 126.08 SWIMMING POOL OPERATIONS BUILDING REPAIR SERVICE 1,226.52 ICE ARENA OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 335.75 PILOT KNOB LIQUOR REVENUE EQUIPMENT REPAIR SERVICE 10.61 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 297.48 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 358.49 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 126.37 5,908.36 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,400.11 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 6,643.27 9,043,38 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 14,696.71 14,696.71 PIZZA MAN NPDES Phase II PROGRAMMING EXPENSE 530.00 530.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 12 5/112006 - 5/14/2006 Vendor Business Unit Object Amount POLFUS IMPLEMENT INC. CAPITAL ACQUISITION MACHINERY & EQUIPMENT 13,839.68 13,839.68 PRIESTER. LYNETTE GENERAL FUND REVENUES RECREATION FEES - GENERAL 64.00 64.00 PROFESSIONAL BEVERAGE SYSTEMS BUILDING MAl NT SERVICES EQUIP SUPPLIES & PARTS 200.00 SENIOR CENTER PROGRAMS BUILDING REPAIR SERVICE 200.00 SWIMMING POOL OPERATIONS EQUIP SUPPLIES & PARTS 165.76 565.76 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 11,419,15 EMPLOYEE EXPENSE FUND PERA 14,014.06 25,433.21 QUALITY \/VINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,735.50 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 2,484.54 4,220.04 R&R CLEANING CONTRACTORS INC. DOWNTOWN LIQUOR REV & EXP BUILDING REPAIR SERVICE 8.15 PILOT KNOB LIQUOR REVENUE BUILDING REPAIR SERVICE 16.29 24.44 RADEMACHER, ZACH FIRE SERVICES MILEAGE REIMBURSEMENT 62.30 62.30 REED BUSINESS INFORMATION HILLDEE RECONSTRUCTION LEGAL NOTICES PUBLICATIONS 313.76 313.76 REISINGER, DAN ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 RENNER & SONS, E H WELL #8 CONSTRUCTION CONTRACTS 53,139.44 53,139.44 RIVERTOWN NEWPAPER GROUP ADMINISTRATION LEGAL NOTICES PUBLICATIONS 210.00 PLANNING & ZONING LEGAL NOTICES PUBLICATIONS 266.00 ANNUAL SEALCOATING PROJECT LEGAL NOTICES PUBLICATIONS 308.00 SPRUCE ST EXTENSION LEGAL NOTICES PUBLICATIONS 77.00 HILLDEE RECONSTRUCTION LEGAL NOTICES PUBLICATIONS 98.00 MIL & OVERLAY ANNUAL PRJ LEGAL NOTICES PUBLICATIONS 84.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 13 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount 1,043.00 ROBINSON, JARRAD GENERAL FUND REVENUES RECREATION FEES - GENERAL 64.00 64.00 ROC INC 9111LDING N1AI"'T SFRVICF!': PROFF!':!':IONAI !;FRVICFS 171146 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 858.39 2,569.85 ROLAND, ROBIN GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 113.03 113.03 RUTHERFORD,GARY PATROL SERVICES OTHER SUPPLIES & PARTS 59,90 PATROL SERVICES TRAINING & SUBSISTANCE 4,33 64.23 SAM'S CLUB DOWNTOWN LIQUOR REV & EXP SUBSCRIPTIONS & DUES 35.00 35,00 SATIN DOLLS & CO SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 125.00 125.00 SAUBER PLUMBING & HEATING CO. FIRE SERVICES BUILDING REPAIR SERVICE 469.40 FIRE CAPITAL PROJECTS OTHER SUPPLIES & PARTS 1,959,00 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 1,789.05 4,217.45 SCHRADER'S LAW ENFORCEMENT SUP PATROL SERVICES UNIFORMS & CLOTHING 63,90 FIRE SERVICES VEHICLE SUPPLIES & PARTS 12.73 76.63 SCHIMNESS LLC DOWNTOWN LIQUOR REV & EXP BUILDING RENTAL 13,242.16 13,242.16 SODERBERG, KEVAN LEGISLATIVE CONTROL TRAINING & SUBSISTANCE 218,97 LEGISLATIVE CONTROL MILEAGE REIMBURSEMENT 89.45 308.42 SPARKY'S FIRE PROTECTION FIRE SERVICES BUILDING SUPPLIES & PARTS 263.79 DOWNTOWN LIQUOR REV & EXP EQUIPMENT REPAIR SERVICE 23.00 PILOT KNOB LIQUOR REVENUE EQUIPMENT REPAIR SERVICE 45.00 331.79 / R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 14 511/2006 - 5/14/2006 Vendor Business Un~ Object Amount SPECIALTY WINES AND BEVERAGES PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 454.50 454.50 SPEEDWAY SUPERAMERICA LLC - 00 PATROL SERVICES FUEL 1,612.21 FIRE SERVICES FUEL 236,84 STREET MAINTENANCE FUEL 508.31 PARK MAINTENANCE FUEL 327,47 FLEET OPERATIONS FUEL 55.12 2,739,95 SPRINT PATROL SERVICES CELLULAR PHONES 394.84 394.84 STREICHER'S CAPITAL ACQUISITION MACHINERY & EQUIPMENT 388.73 388.73 STRESE, TOM PATROL SERVICES TRAINING & SUBSISTANCE 11.93 11,93 SUBWAY NPDES Phase II PROGRAMMING EXPENSE 120.00 120.00 SUNDGREN,MARK INVESTIGATION SERVICES TRAINING & SUBSISTANCE 136.08 136.08 SWEDIN, ROSEMARY GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 26.70 26.70 THELEN, RON RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 44.00 44.00 TOLL GAS & WELDING SUPPLY SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 201.21 201.21 TOWN'S EDGE CAR CARE FIRE SERVICES FUEL 43,00 SOLID WASTE OPERATIONS FUEL 47.00 90.00 VERIZON WIRELESS FIRE SERVICES CELLULAR PHONES 7.06 7.06 R55CKSUM LOG23000VO CITY OF FARMINGTON 5/11/2006 12:54:55 Council Check Summary Page - 15 5/1/2006 - 5/14/2006 Vendor Business Unit Object Amount VINOCOPIA DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 186.00 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 655.25 841.25 WALTMAN, MATT STREET MAINTENANCE UNIFORMS & CLOTHING 100.00 10000 WASTEQUIP/RA YFO SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 264.12 264.12 WICKLUND, CARL PARK MAINTENANCE OTHER SUPPLIES & PARTS 250.00 250.00 WINE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,320.64 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 843.76 2,164.40 WlNGFOOT COMMERCIAL TIRE PATROL SERVICES VEHICLE TIRES 833.72 833.72 ZARNOTH BRUSH WORKS INC STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 321.10 321.10 ZIEGLER INC SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 80.15 80.15 Report Totals 698,219.70 ~OVALS : SODERBERG FOGARTY ~i---(, MCKNIGHT ~. PRITZLAFF ~ WILSON