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HomeMy WebLinkAbout06.18.01 Council Packet COUNCIL MEETING REGULAR June 18, 2001 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) a) Kelly Canada - Grading Concerns 7. CONSENT AGENDA a) Approve Council Minutes (6/4/01) (Regular) (6/4/01) (Special) b) Approve Agreement Anoka Hennepin Technical College - Fire Department c) Approve Beer and Cigarette License Transfers - Administration d) Appointment Recommendation - Public Works e) Accept Resignation - Community Development f) Music Between the Ages Grant - Parks and Recreation g) Request for Proposals for Recycling Services - Parks and Recreation h) Approve Bills 8. PUBLIC HEARINGS a) Consider Resolution - Third Street Overlay and Sanitary Sewer Slip lining - Engineering b) Consider Ordinance - Benham Property Annexation - Community Development 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2000 Annual Financial Statement - Finance b) Consider Comprehensive Plan Amendment - Devney Property - Community Development c) Consider Comprehensive Plan Amendment - Rother Property - Community Development d) Consider Resolution - Middle Creek 4th Addition Final Plat - Community Development e) Consider Resolution - Wilson Property Preliminary Plat - Community Development f) Consider Resolution - Charleswood 5th Addition Development Contract - Engineering g) Consider Resolution - Vermillion Grove Development Contract - Engineering Action Taken . , . ~..,~' .. ... . '. . . . Ord 001-465 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN k COUNCIL MINUTES REGULAR June 4, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Attorney Jamnik, Interim City Administrator Roland, City Management Team 4. APPROVE AGENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Employee Service Recognition - Parks and Recreation Department Mr. Jim Bell, Parks and Recreation Director was recognized for 25 years of service with the City of Farmington. b) Award Presentation - Sienna Corporation Mr. Rod Hardy, Sienna Corporation presented the City with an award plaque for an Honorable Mention Smart Growth Design Award for the East Farmington development from the 1000 Friends of Minnesota. 6. CITIZEN COMMENTS 7. CONSENT AGENDA Item 7a) Council Minutes (5/21/01) (Regular) was pulled so Councilmember Cordes could abstain from voting as she was absent from that meeting. MOTION by Soderberg, second by Verch approving Council Minutes (5/21/01) (Regular). Voting for: Ristow, Soderberg, Strachan, Verch. Abstain: Cordes. MOTION CARRIED. Item 7e) Capital Outlay - Police was pulled by Councilmember Soderberg for discussion regarding the less lethal technology. Less lethal technology is a way to distract or disable a person in a deadly force situation. This gives the officer an alternative that is not deadly. The Farmington Police Department has begun using this bean bag technology. It looks like a small stocking filled with a little lead shot. It is shot out of a 12-gauge shotgun at 300 feet per second. This will bruise or distract the person, but not kill them. Because the bean bag technology is so effective, a body bunker becomes important. The Police Department was requesting the purchase of a body bunker, which is a bullet proof Council Minutes (Regular) June 4, 2001 Page 2 shield that an officer would use in a dangerous situation. The reason for the body bunker request is to reduce the threat of the use of deadly force against an officer. MOTION by Soderberg, second by Cordes authorizing the purchase of a Body Bunker Ballistic Shield to be funded by the Police Forfeiture Account. APIF, MOTION CARRIED. MOTION by Strachan, second by Verch to approve the Consent Agenda as follows: b) Approved Dew Days Permits - CEEF Fee Waiver - Parks and Recreation c) Acknowledged Completion Community Survey - Administration d) Received Information Capital Outlay - Engineering f) Adopted RESOLUTION R53-01 Downtown Streetscape and Sliplining Project - Engineering g) Adopted RESOLUTION R54-01 Approved Gambling Premises Permit American Legion - Administration h) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Consider Resolution - Cabling Public Facilities Project The technology component of the public facilities project requires cabling for voice/data/paging and CATV capabilities. The low bidder is Corporate Technologies of New Hope at $37,700. This amount is part of the original budget for the buildings. The Base Bid includes all products and services necessary to complete the cabling project. Amounts for additional connections are for subsequent connections and were not used to determine the low bid. All contractors were required to have low voltage state licenses. MOTION by Verch, second by Soderberg adopting RESOLUTION R55-01 awarding the Public Facilities cabling bid to Corporate Technologies at a cost of $37,700. APIF, MOTION CARRIED. b) Sidewalk and Curb Replacement Project - Engineering North Country Concrete has submitted the lowest quotation for the sidewalk removal and replacement work proposed for 2001 in the amount of$11,408. The budgeted amount for sidewalk replacement in 2001 is $9,500. Staff included areas showing significant signs of deterioration along Third Street that were not originally intended to be replaced in this year's program. The additional expenditure of $1 ,908 is proposed to be funded 50/50 through the Street division's budget and the Road and Bridge fund. MOTION by Strachan, second by Soderberg authorizing the expenditure of an additional $1,908 for this year's sidewalk replacement and awarding the contract for sidewalk removal and replacement to North Country Concrete in the amount of $11 ,408. APIF, MOTION CARRIED. Council Minutes (Regular) June 4, 2001 Page 3 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Autumn Glen 3rd Addition Development Contract - Engineering The Development Contract for Autumn Glen 3rd Addition has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat. Following are conditions of approval for the Development Contract: 1. The Developer enter into this Agreement. 2. The Developer provide the necessary security in accordance with the terms of this Agreement. 3. The Developer pays its apportioned share of costs for the construction of 19Sth Street. 4. The Developer record the plat with the County Recorder with 7S days after City Council approval of the final plat or within 30 days of the execution of this agreement. MOTION by Cordes, second by Verch adopting RESOLUTION R56-01 approving the execution of the Autumn Glen 3rd Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. b) Dakota County 2002/2006 CIP - Engineering Dakota County requested the City's input in preparing the County's 2002 - 2006 Capital Improvement Program. Staff presented the following projects as recommendations for Council to request for inclusion in Dakota County's 2002- 2006 CIP. CR 74, Ash Street, RR Tracks to Trunk Highway 3 - 2003 CSAH SO, Division Street to TH 3 - 200S CR 64 (I9Sth Street), from CSAH 31 to TH 3 - 2003 CSAH 31, CSAH SO to CSAH 74 - 2006 20Sth Street - 200S MOTION by Soderberg, second by Strachan authorizing staff to forward the recommended requests to the County for preparation of the Dakota County draft 2002 - 2006 CIP. APIF, MOTION CARRIED. c) 2002 Budget - Council Fiscal Goals - Finance The following guidelines were presented to Council to establish the framework the management team will observe in development of the 2002 Budget. 1. A commitment to maintain the local tax capacity rate at the same level as the previous year. 2. A fiscal goal that maintains a fund balance in the General Fund, for working capital, of no less than 2S% of planned 2002 General Fund expenditures. 3. A commitment to maintaining the 2002 debt levy at no more than 2S% of the total levy . Council Minutes (Regular) June 4, 2001 Page 4 4. A comprehensive review of the condition of capital equipment to ensure the most cost effective replacement schedule is followed. 5. A team approach which encourages strategic planning to meet immediate and long-term operational, infrastructure and facility needs. 6. A management philosophy that supports implementation of Council policies and goals, and is responsive to changing community conditions and concerns. Councilmember Cordes stated she felt regarding goal number 1, it has been Council's goal to lower the tax rate. Finance Director Roland stated in the last 5 years it has been a goal to maintain the tax rate. Fortunately, the City has been able to reduce it each year. Councilmember Soderberg stated maintaining the tax rate has been the goal as long as he has been on Council and the City has exceeded that goal. He then asked if it was possible to increase the General Fund balance to 30 - 35%. Finance Director Roland stated at the end of 2000 the General Fund balance was at 35%. Councilmember Strachan stated goal number 6 shows the City is not budgeting for things just because they always have. MOTION by Verch, second by Strachan adopting the 2002 budgetary goals as presented. APIF, MOTION CARRIED. d) Vermillion River - Proposed DNR Trout Stream Designation - Engineering The DNR is proposing to further designate the Vermillion River as a trout stream from the current terminus of trout stream designation in downtown Farmington to Highway 52. The DNR has conducted studies along the river in regards to the trout habitat and have indicated that trout are surviving and reproducing in the river beyond the areas of the river that are designated as a trout stream. The DNR has started the statutory process to expand the trout stream designation along the Vermillion River. The land use and economic ramifications resulting from the proposed designation could be significant. Alternative storm water management plans may need to be adopted to comply with the new proposed regulations. Staff suggested all of the implications of the expanded designation be identified and disclosed before the DNR makes a final decision on this issue. e) Schedule Joint Council Workshop - Zoning Code Update - Community Development The Planning Commission along with the consulting firm of Hoisington Koegler and staff have been working on various updates and necessary new provisions to the City Zoning Code. A Joint Planning Commission and Council workshop was set for June 26, 2001 at 5 :00 p.m. to discussion provisions of the Zoning Code that have been reviewed to date. 11. UNFINISHED BUSINESS a) Flagstaff Avenue Update - Finance At the May 21, 2001 Council meeting, Engineering presented a report on improvements to Flagstaff A venue, which identified the cost of such Council Minutes (Regular) June 4,2001 Page 5 improvements at $500,476. All of the properties along Flagstaff Avenue are either agricultural or Ag Preserve. The normal process for City improvement projects, MSA 429, would be very difficult to enforce, as Ag Preserve properties are exempt from assessment under law as long as they remain in Ag Preserve. It would be difficult to show benefit to assessed properties as the project is a gravel road to a gravel road. The Road Construction Fund is currently committed to pay for the City's portion of 1 95th Street, the Downtown Streetscape, the 3rd Street overlay, and the interior road of the Public Facilities site. The other option for financing is for 100% of the residents along Flagstaff to agree to pay for the costs. Councilmember Cordes asked if it was possible to do the project in stages so it is not such a burden. City Engineer Mann stated staff would have to review what expenditure would be possible per year, and then see if that would work from a construction standpoint. Councilmember Cordes did not feel any of the three options were doable. Councilmember Strachan stated it is an issue of timing, and could it be built into a future CIP in terms of funds needed on the City's part. Development will not reach Flagstaff for a long time. Staff replied it could be put into the CIP. City Engineer Mann stated the City spends approximately $20,000 per year on Flagstaff in gravel and staff time. Councilmember Soderberg stated in addition to the project, it would also increase expenditure of $50,000 - $60,000/year to maintain the fabric base. City Engineer Mann stated that expenditure would more likely be every other year. Mrs. Elayne Donnelly, 20080 Flagstaff A venue, stated she understands they will not get a blacktopped road. It is a gravel road, and they want it to be maintained. There have been several bad accidents on Flagstaff. If it takes a couple loads of gravel or extra grading per week, it cannot be that expensive. She cannot believe the City would allow a road to be in that condition in the City. Mrs. Donnelly does not feel they should have to complain to get the road fixed. They do pay taxes. Mayor Ristow stated the City is working on it and looking at several options. Councilmember Strachan asked if it was possible to place additional loads of gravel and if additional grading would make a difference over time. City Engineer Mann stated they have been trying different materials and some are better. To grade the road sufficiently, there needs to be more material on it. Staff will do further research and report back to Council. b) Consider Resolution - Akin Road Project - Engineering The plans and specifications have been prepared for the Akin Road Improvement project. It has come to staffs attention that State funds are available for the replacement of deficient bridges. The bridge culverts at Middle Creek on Akin Road are hydraulically deficient and are eligible for funding. The bridge costs are estimated to be in the $200,000 range. Approximately $150,000 of those costs would be eligible for funding. Staff recommended that the bridge culverts be removed from the project to allow for the State to review and fund the culverts. Council Minutes (Regular) June 4, 2001 Page 6 The bridge culvert project would be bid and constructed next year after school lets out. The City's traffic engineer has reviewed the concept of installing guardrail along the east side of Akin Road, north of 193rd Street. The proposed design of the roadway does not require guardrail according to MnDOT requirements for State Aid Highways. It is the traffic engineer's opinion that guardrail should only be installed if it reduces accident severity. The City's traffic engineer and the rest of staff are in agreement that installing a crosswalk on Akin Road at an intersection that is not controlled by a stop sign is not recommended. A stop sign is proposed at the intersection of 19Sth Street and Akin at the time 19Sth Street is extended to the east. If a trail is extended to Akin Elementary from Akin Road, a trail connection will then exist and that intersection would be considered for a crosswalk. Police Chief Siebenaler stated pedestrians will cross where it is convenient for them. He would rarely recommend the installation of a crosswalk without a stop sign. Farmington Lutheran and Bible Baptist Church have requested that turn lanes be installed to service their future and existing facilities. Farmington Lutheran has also requested that water service and sanitary sewer service be extended from the west side of Akin Road as part of this project to serve their future site. These improvements are included in the plans and will be put out to bid. There are a few areas along Akin Road where curb will be installed in order to fit the trail in between the roadway and some of the homes that are close to the roadway. These will be north of Dunbar and the Eaves Way area. The estimated total project cost with removal of the bridge culverts from the project and not including the improvements requested by Farmington Lutheran and Bible Baptist Church is $1,406,160. These costs will be allocated between the City and the County. The improvements requested by the churches would be entirely funded by the churches. MOTION by Cordes, second by Soderberg adopting RESOLUTION R57-01 approving the plans and specifications for the Akin Road Improvement project and authorizing the advertisement for bids. APIF, MOTION CARRIED. MOTION by Strachan, second by Cordes adopting RESOLUTION R58-01 prioritizing replacement of bridge structures and requesting funding for the bridge on Akin Road at Middle Creek. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council member Soderberg: He received a request regarding a schedule for street sweeping. City Engineer Mann stated this occurs as early in the Spring as possible. The Council Minutes (Regular) June 4, 2001 Page 7 City fits it in among other projects, there is not a regular schedule. If there is a concern about sweeping a certain area, it can be added to the list. Councilmember Soderberg suggested putting some type of schedule in the Newsletter. City Engineer Mann stated sweeping is done in two stages, in the Spring and Fall. Councilmember Verch: Thanked Police Chief Siebenaler for keeping on top of things for the safety of officers and residents. Community Development Director Olson: He attended a meeting on the Empire Treatment Plant expansion. There will be another meeting on June 13,2001. The recommended option is the expansion of the Empire Treatment Plant and the phasing out of the Rosemount Plant and the construction of an outfall pipe to Hastings from the Empire Plant. Parks and Recreation Director Bell: A park shelter will be constructed in East Farmington in the next couple of days, followed by playground equipment anda ballfield. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:56 p.m. APIF, MOTION CARRIED. Respectfully submitted, i/?/_~ //4 ;;r_'--'-t:ci~ J47~~ Cynthia Muller Executive Assistant MINUTES COUNCIL WORKSHOP JUNE 4, 2001 5:30 P.M. 1. The meeting was called to order by the Mayor at 5:30 p.m. Present: Mayor Ristow, Councilmembers Cordes, Soderberg Absent: Councilmembers Strachan, Verch Also Present: Representatives of Decision Resources Diane Traxler and Bill Morris, Management Team 2. Results of a survey of 400 residents performed by Decision Resources were submitted to Council. Mr. Morris reviewed the results and gave comparisons to other communities within Dakota County and Metro wide. An Executive summary will follow. The City Council requested results be formally presented to Council at the August 20, 2001 City Council meeting. 3. Motion by Cordes, second by Soderberg to adjourn at 6:38 p.m. APIF, Motion carried. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager 7b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers FROM: SUBJECT: Robin Roland, Interim City Administrator Approve Agreement Anoka-Hennepin Technical College - Fire Department DATE: June 18, 2001 INTRODUCTION The Fire Department has arranged to exchange the 1969 LaFrance Pumper for training opportunities for their personnel. DISCUSSION On February 5, 2001 Council authorized advertising to receive bids on the 1969 LaFrance Pumper in order to dispose of that equipment after the acquisition of the new Pierce Pumper. No bids were received when the bidding closed on March 1, 2001. Subsequent to the bidding process, no interest was expressed to the City from any party for acquisition of the old pumper. The Fire Department, represented by Bob Ellingsworth, then negotiated with Anoka Hennepin Technical College for an exchange. The Fire Department utilizes the College for training opportunities and the College needs equipment for use in the training they offer. The resulting letter of agreement is attached with this memo. The City of Farmington sells the 1969 LaFrance Pumper to Anoka Hennepin Technical College for six training sessions. The value of this training, if paid for under normal circumstances, equates to approximately $4,000. BUDGET IMPACT Revenue from the sale of the 1969 Pumper was not included in the 2001 budget. ACTION REQUIRED Approve the agreement with Anoka Hennepin Technical College for the sale of the 1969 LaFrance Pumper for six (6) fire training sessions. Respectfully submitted, #~-I Robin Roland Interim City Administrator Date: May 10,2001 To: Anoka Technical College From: Farmington Fire Department Re: Used Fire Pumper Truck The City of Farmington has agreed to sell to Anoka Hennepin Technical College's Fire Program, one (1) 1969 American Lafrance pumper trucker, number 4781. Included with this truck are; 1- Onan 4KW on-board generator, ModeI4CCK-IRV-12J 1 - Extension ladder 1 - Roof ladder 2 - Hose reels w/hose 1 - Two way radio system Approximately 5 sections of hose Service and Parts manuals on hand Spare parts on hand In exchange for this truck Anoka Hennepin Technical College agrees to provide, at no cost, six (6)-training sessions for the Farmington Fire Department. These sessions will include the three (3) scheduled sessions listed below and three (3) sessions to be held at a mutually agreed upon date/time, location and subject matter. June 25th, 2001 Sept. 24th, 2001 Tentatively July, 2001 Confined Space Live Burn Trailer Live House Burn This vehicle is sold on an "AS-IS WHERE-IS" basis. The City of Farmington makes no claim as to the condition of this vehicle and offers no warranty or guarantee with it. The condition of this vehicle is as was determined by a qualified member of the Anoka Technical College staff upon prior inspection. Anoka Technical College will be responsible for the removal and transportation of this vehicle to their location. The City of Farmington will store this vehicle is a secured location for a reasonable amount of time until it can be picked up. Gerald Ristow Mayor, City of Farmington Robin Roland Farmington City Administrator Dale Mashuga Anoka Technical College City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7e1 TO: Mayor, Council Members and City Administrator ~ Brenda Wendlandt, Human Resources Manager FROM: SUBJECT: Appointment Recommendation - Department of Public Works DATE: June 18,2001 INTRODUCTION The recruitment and selection process for the appointment of a full-time Mechanic to fill a new position authorized in the 200 I budget in the Public Works Department, has been completed. DISCUSSION After a thorough review of all applicants for the Mechanic's position by the Public Works Department and Human Resources Office, a contingent offer of employment has been made to Mr. Ronald Ley, subject to ratification by the City Council. Mr. Ley has been employed as a mechanic with TA's Texaco in Minneapolis since 1984, is certified as an ASE Master Technician, and graduated from the Auto Technician program at Dunwoody Institute. Additionally, Mr. Ley is familiar with equipment safety standards and snowplow operations. Based on his education and experience, Mr. Ley meets or exceeds the requirements of the position description and is the best candidate for the position. ACTION REOUESTED Approve the appointment of Mr. Ronald Ley to the position of Mechanic in the Department of Public Works, effective June 25, 2001. Respectfully submitted, ~~ Human Resources Manager CC: Personnel File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7e, TO: Mayor, Council Members and City Administrator ~ FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Acknowledge Resignation - Community Development Department DATE: June 18,2001 INTRODUCTION The City has received notification from Mr. Bradley Schmoll of his intention to resign from his position as Fire MarshalIBuilding Inspector with the Community Development Department. DISCUSSION The Human Resources Office has received notification that Mr. Schmoll will resign from his current position. He has worked for the City since October 18, 1999. During his tenure, Mr. Schmoll has been an excellent employee and has gained the respect of his co-workers. The City has appreciated his commitment to the organization and wishes him well in his future endeavors. ACTION REOUESTED Acknowledge the resignation of Mr. Bradley Schmoll effective Wednesday, June 20, 2001. Respectfully submitted, CC: Personnel File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7F TO: Mayor, Councilmembers and City Administrator~ FROM: Joy Lillejord, Recreation Program Supervisor SUBJECT: Music between the Ages Grant DATE: June 18,2001 INTRODUCTIONIDISCUSSION The Senior Center applied for a grant' in the amount of $1,442.43 from the Metropolitan Regional Arts Council with funding from the MN State Legislature and the McKnight Foundation. On May 21, 2001 we received confirmation that the Farmington Community Senior Center has been awarded the Music between the Ages grant. The Metropolitan Regional Arts Council serves organizations, art projects and art audiences in the seven county metropolitan area through programs and services that provide people with opportunities to engage in the process of creating art, as well as, opportunities to enjoy the artistic accomplishments of others. The grant money will go to fund 3 intergenerational music performances this summer. Ray Sands and the Polka Dots will perform on Sunday, June 24 during Dew Days. The second group will be the Teddy Bear Band performing "When Grandma and Grandpa Were Little" at the Trinity Care Center. The final performance will be "Little Prairie", a country and western band, playing at the Farmington Community Senior Center. Music between the Ages will encourage the sharing of artImusic between the youth and elders of today. ACTION REOUIRED For information only. Respectfully submitted, ~~i~~~ Recreation Program Supervisor 3t City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farrnington.mn.us TO: Mayor, Councilmembers and City Administrator ~ FROM: James Bell Parks & Recreation Director SUBJECT: Request for Proposals for Recycling Services for Residential and Commercial Municipal Customers DATE: June 18, 2001 INTRODUCTION The City has contracted residential recycling and bulk pick up services since 1995. The current agreement with Lakeville Sanitary expires on September 30, 2001. DISCUSSION After a review of the Request for Proposals (RFP) it was determined that the following changes would promote more streamlined customer service: 1. Extending the agreement from three years to five years. 2. Change the effective dates from October 1 through September 30 to January 1 through December 31 to coincide with City budget dates. By changing the dates of the proposed contract to a fiscal year, the period of the time from the current contract expiration (September 30, 2001) to the start of the new contract (January 1, 2002) is not covered under either contract. Staff proposes to extend the current contract expiration date from September 30 to December 31, 200 1. 3. Incorporating the curbside cleanup program. BUDGET IMPACT Requesting proposals for recycling services provides the City with the most cost-effective recycling service. Recycling costs are passed on to the customers. ACTION REQUESTED 1. Direct staff to advertise for Requests for Proposals for Recycling Services for Residential and Commercial Customers. 2. Consider approval of the extension of the current contract to December 31,2001. Respectfully Submitted, ~~ James Bell Parks & Recreation Director 'ia.., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Councilmembers, City Administrator W FROM: Tim Gross, Assistant City Engineer SUBJECT: Consider Resolution - Third Street Overlay and Sanitary Sewer Sliplining Project Hearing DATE: June 18,2001 INTRODUCTION The City Council accepted the feasibility report and scheduled the public hearing for the Third Street Overlay and Sanitary Sewer Sliplining Project at the May 21,2001 City Council meeting. DISCUSSION The improvements proposed would consist of constructing a bituminous overlay and sliplining the sanitary sewer along Third Street from Spruce Street to Ash Street. BUDGET IMPACT A summary of the estimated costs for the proposed improvements is presented below. The costs presented include 10% for contingencies and 27% for engineering, legal and administration. Total Estimated Pro' ect Cost $ 184,800.00 $ 213,600.00 $ 14,600.00 $ 413000.00 1m rovement 2" Mill and Overla Miscellaneous Pro' ect Costs In accordance with the City's assessment policy, 65% of the project costs would be paid for by the City and 35% of the project costs would be assessed to the benefited properties. The City's share of the costs would be funded from the Road and Bridge Fund and the Sanitary Sewer Fund. As indicated in the attached letter from Precision appraisals, the lots along Third Street can sustain assessments within the estimated assessment amount. The following table outlines the allocation of project costs. Item Total City Assessed REU's Estimated Assessment per REU Bituminous Overlay $184,800 $120,100 $64,700 58 $ 1,115.52 Sanitary Sewer Slipline $213,600 $138,900 $74,700 66 $ 1,131.82 Miscellaneous Costs $14,600 $9,500 $5,100 74 $ 68.92 Total $413,000 $268,500 $144,500 $ 2,316.26 ACTION REQUESTED Adopt the attached resolution ordering the project, approving plans and specifications and authorizing the advertisement for bids. Respectfully Submitted, 1~i.~'- d{(r\,.'~ Tim Gross Assistant City Engineer encl. Third Street Overlay and Sanitary Sewer Sliplining Appraisal Report cc: file RESOLUTION NO. R -01 ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT 01-09, THIRD STREET OVERLAY AND SANITARY SEWER SLIPLINING 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 181h day of June 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the City Council adopted the 21 sl day of May 2001, fixed a date for a Council hearing on the proposed Third Street Project; and WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the 18th day of June 2001, at which all persons desiring to be heard were given the opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 21 sl day of May 2001. 3. Plans and specifications prepared by Lee M. Mann, P.E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published no less than three weeks before the last day for submission of bids in the Farmington Independent and at least once in the Construction Bulletin. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 2:00 p.m. on the 19th day of July, 2001 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of June 2001. Mayor Attested to the day of , 2001. SEAL Interim City Administrator PRECISION APPRAISALS & Home Inspections, Inc. a Div. of Access Information Systems, Inc June 6, 2001 Mr. Lee Mann City Engineer City of Farmington 325 Oak Street Farmington, Minnesota Re: Third Street Overlay and Sanitary Sewer Slip lining Dear Mr. Mann: The feasibility study for the work to be completed on Third Street has been reviewed and I have examined the assessed values of the properties affected. My work has included a thorough look at improvements contemplated and a discussion with Mr. Lee Mann about your plan and method to complete the work. Also, we have researched lot sales and looked at the county assessments of lot values as it relates to this project. The information we have used to reach my conclusion has been received from, The City of Farmington, Dakota County, Minneapolis Area Regional Multiple Listing Service, appraiser files. You have requested that we arrive at a conclusion, which will assist you in determining the benefit to the affected properties for possible assessment purposes. I have completed a study of the property along Third Street and recent lot sales as well as costs to improve new lots in the community. Current market prices for improved new lots are in the $40,000.00 to $45,000.00 range. In this project area the average lot value is in the $22,000 to $23,000 range. Nearly 50% below the new lot value. Our study of the costs to improve lots indicate that street and sewer improvement would tend to sustain an increase in value up to 19% of the total value of the lot. An assessment of up to $4,000 would be considered reasonable with the low assessed value for the lots. A case could be made for the difference in lot values but in this situation it would be better to use this value if it would be feasible. 1210 (JE5T 96TH 5TREET. BLOOfl/NGTON. fiN 551.{31 PH: C952J 888-8135 FX: C952J 888-5562 This report is intended for use only by the client and not to be used by any other user. The conclusion or estimate or recommendation may not be understood with out additional information as. set for I certify that, to the best of my knowledge and belief, the statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is my personal, impartial and unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of the report, and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parities involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I have made a personal inspection of the property that is the subject of the report. No one provided significant professional assistance to the person signing this report. If you have any questions or comments please give me a call or drop me a note. Thanks for the opportunity to work on this project. 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E ~ If'l - N -.c = E rI) - M ~ ~ rI) - - 00 ~ .- ~ a.. ~ ... .... rI) ~ - - \0 N rI) ~ rI) Q" -< ~ ~ ~ f'-t rIJ ... ;:l 00 \0 '=:t ~ If'l \0 r- 0 0 0 C "0 0 0 0 c r- r- - <r) ~ '=:t~ '=:t~ ~ rI) If'l rI) \0 r- ~ ~ ~ ~ ~ ...... rI) rIJ ~ -< 0 0 0 c 0 0 0 c - 0\ If'l <r) .e- o 00 ~ 00 .- N M ~ '0 U - - ~ ~ ~ ~ 0 0 0 = 0 0 0 = - 00 ~ \0 = or:[ or:[ ... = M ~ .... 00 - - ~ = - N ~ ~ E- ~ ~ f'-t (I) - = = .... .- = >. - ~ E- o.. .... <<S .- ~ - - 0 ~ r:IJ U 0 ~ ~ ~ ;::I ~ (I) ~ ;::I tf.) a 0 = ~ - .-. - ~ (I) E .... (,) .- a ~ ~ .- .... .- ~ .. l:O tf.) -- Third Street Improvements Project 01-09 -HIGKORY-ST ~1100~'' t=j Dl~ ASH-S=r- ..AsS"'.d'OrOYtrl~..rodSliPlirl' N W*E D Assessed fOls.lInlUry,liplnt only s City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~6 TO: Mayor and Councilmembers City Administrator ~ FROM: David L. Olson Community Development Director SUBJECT: Annexation Petition - Benham Property DATE: June 18,2001 INTRODUCTION The City has received an annexation petition from Lowell and Janet Benham to annex approximately 1.88 acres currently in Section 32 of Empire Township. The subject property is completely surrounded by land within the municipal limits. A location map and legal description is attached. DISCUSSION Mr. and Mrs. Benham have filed the current annexation petition under MS 414.033 Subd.2 (2) which states the following: Subd. 2. Conditions. A municipal council may by ordinance declare land annexed to municipality and any such land is deemed to be urban or suburban in character or about to become so if: (1) the land is owned by the municipality; (2) the land is completely surrounded by land within the municipal limits; (3) the land abuts the municipality and the area to be annexed is 60 acres or less, and the area to be annexed is not presently served by public sewer facilities or public sewer facilities are not otherwise available, and the municipality received a petition for annexation from all the property owners of the land; or Minnesota Statutes also require that a 30 day certified mail notice of the hearing to' consider annexation by ordinance requests be provided to the Township and abutting property owners. These requirements have been met. Staff has verified the Benham property is completely surrounded by the current city limits and meets the requirements of Minnesota Statute 414.033 Mr. and Mrs. Benham have an agreement to sell this property to Tim Giles, owner of the adjacent Glenview Townhomes development. The Benham property would be incorporated into the existing commercial lots along Trunk Highway 3 that are presently being marketed by Mr. Giles. Mr. and Mrs. Benham and Mr. Giles have also filed a petition to rezone this property to B-1 Limited Business that would be considered if the annexation petition is approved. In terms of the most efficient and effective provision of needed governmental services, it would be appropriate for this property to be annexed into the City. Mr. Giles intends to remove the existing structures and private well and septic systems upon the purchase of the property. This purchase is contingent on both the annexation and rezoning of the property . BUDGET IMP ACT Minnesota Statutes require the Township to receive a declining portion of the property taxes generated over a five year period. This would provide for 90% of the current township taxes for this property to be retained by the Township in year one after the annexation, 70% in year two etc. until it reaches 10% in the fifth year after the annexation. The deferred assessment for the sewer and water improvements that were installed in conjunction with the County Road 72 project will become payable when this property develops. ACTION REOUESTED Consider the attached ordinance to annex the 1.88 acre Benham Property. Respectfully submitted, ~7 David L. Olson - Community Development Director cc: Lowell and Janet Benham Tim Giles Gil Anderson - - [[ill] C- ar ~:! "C - c:Q) ::J~ [[[llJ oar ma. ~~ ~ITIIJ 00 4J ~ .- en ./ I ~ ..- N ~ - ITIIITD N "'" 0:: CD ITIIITD 0 c. 0 '- ITIIITD ^ - E m J: c: CD m TRUNK HIGHWAY 3 .- en w z ll.. .- en z <( ~ .- en ~ ....J W ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF TIlE CITY OF FARMINGTON, ANNEXING CERTAIN PROPERTIES TO TIlE CITY OF FARMINGTON THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Farmington City Code Section 1-11-2: CHANGES; OFFICIAL MAP, (A) Annexations is amended by adding paragraphs 37 to read as follows: 37. The property described below is hereby annexed to the City of Farmington pursuant to MSA section 414.033: Parcel A: The West 2 acres of the South 6 acres of the South half of the Northwest quarter of the Northwest quarter of Section 32, Township 114, Range 19, EXCEPTING THEREFROM a tract ofland described as follows: Commencing at the Northwest corner of the said West 2 acres of the South 6 acres of the South half of the Northwest quarter of the Northwest quarter of said Section Thirty-two; thence East 170 feet; thence South 60 feet; thence West 170 feet; thence North 60 feet to the place of beginning. Parcel B: All that part of the Northwest quarter of the Northwest quarter of Section 32, Township 114, Range 19, described as follows: Commencing at the Northwest corner of the South 6 acres of the South half of the Northwest quarter of the Northwest quarter, thence East 170 feet, thence South 60 feet, thence West 170 feet, thence North 60 feet to the place of beginning, according to the Government Survey thereof. SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this 18th day of June 2001, by the City Council of the City of Farmington. 65602 Attest: SEAL Approved as to form the day of ~ 2001. Published in the Farmington Independent the _ day of 65602 CITY OF FARMINGTON By: Gerald Ristow~ Mayor Robin Roland Interim City Administrator City Attorney 2001. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lo~ TO: Mayor, Councilmembers FROM: SUBJECT: DATE: Robin Roland, Interim City Administrator 2000 Comprehensive Annual Financial Report June 18, 2001 INTRODUCTION The independent audit of the December 31, 2000 financial records was completed on March 16, 2001. Subsequently, the Comprehensive Annual Financial Report has been issued and the City's auditors, Kern, DeWenter, Viere, Ltd. have issued their opinion on that report. In addition, they have issued a Management Report on the City of Farmington for year-end 2000. Both documents will be presented. DISCUSSION On February 20, 2001, a preliminary review of the City's General Fund for 12/31/00 was presented. Final audited numbers indicate an increase of $343,557; bringing the fund balance total to $1,457,720. As noted in the auditor's management letter, this represents 35.4% of the annual expenditures of the City with a preferred fund balance target of 25% to 40% of annual expenditures. In 2000, actual General Fund revenues exceeded budgeted revenues by $200,268 and actual expenditures were $45,950 less than budgeted. The Water Utility, Sewer Operations, Solid Waste and Liquor Funds all showed increases to their 2000 retained earnings. Solid revenues and expenses within budget in 2000 continued to give these funds a strong base for future operations. As in prior years, the Arena Fund showed an operating loss due to depreciation costs and a reduction to the fund's retained earnings. Council has addressed this with a budgeted transfer of operating funds from Liquor Operations to the Arena fund in 2001. ACTION REQUIRED For information only. Joe Rigdon from Kern, DeWenter, Viere will be present at the meeting to participate in the presentation and answer any questions Council may have. Respectfully submitted, $;&;L/ Robin Roland Interim City Administrator lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us SUBJECT: Mayor, Council Members, tfV Interim City Administrffiator ~ Lee Smick, AICP Planning Coordinator Consider Comprehensive Plan Amendment - Devney Property TO: FROM: DATE: June 18, 2001 INTRODUCTION Michael and Eileen Devney are seeking a Comprehensive Plan Amendment for their property to Low/Medium Density Residential and to rezone their property from A-I (Agriculture) to R-2 (Low/Medium Density- Residential). The Devney property is located east of 2 13th Street (County Road 72) and the Prairie Waterway, south of21Oth Street, west of Empire Township and north of the Rother property. DISCUSSION The Devney property was annexed into the City on April 16, 2001 and was brought into the City in less than 60-acre increments and given an A-I zoning classification per City policy. The total acreage of Devney's property is 57.71 acres. The applicant proposes to amend the Comprehensive Plan to Low/Medium Density Residential on the property. Preliminary development proposals have ranged from multi-family townhomes to smaller single family lot development, similar to East Farmington. The applicant is also seeking to rezone the property from A-I (Agricultural District) to R-2 (Low/Medium Density Residential District). The A-I zoning category is designated to a property when it is annexed into the City. Additionally, a Comprehensive Plan Amendment and Zone Change is required if an applicant plans for development on the property. The R-2 (Low/Medium Density Residential District) is intended as an area which incorporates older existing development as well as undeveloped land that would be suitable for small lot single-family construction as well as duplexes, townhouses and quad homes. At the Planning Commission meeting on May 22, 2001, the Commissioners requested certain issues be reviewed before the Commission acted upon the Devney petition. The following are items that the Commission requested further discussion on: 1. Transportation System 2. Sanitary Sewer 3. Low/Medium Acres Calculation 4. Property Not Anticipated in Comprehensive Plan Transportation System Shelly Johnson, Transportation Engineer for Bonestroo, Anderlik & Rosene reviewed the projected traffic volumes for the Devney property and the property to the south owned by Lawrence Rother and his findings are documented in the attached memo. Mr. Johnson has assumed a density range of 2.5, 3.32 or 5.5 in projecting development rates and estimating traffic counts. In his final analysis, he states that 213th Street functions as a major collector and can accommodate future single-family detached development subject to the improvements specified. Additionally, he recommends that a density similar to East Farmington at 3.32 is more desirable than the 5.5 density because it generates less traffic from the developments. He also suggested a combination of single- family and townhome units in the developments because townhomes tend to generate less traffic as well. Finally, he proposes that the developments would create the need for signalization at the intersection of 2 13th Street and Trunk Highway 3 as well as improvements on 213th Street for left and right turn lanes to maximize traffic movement. Mr. Johnson's memo suggests that 213th Street can accommodate future traffic projections from the developments, however, in Figure 2 he shows a number of additional assumed major ingress/egress routes to the Devney property as well as the Rother property to the south. Two accesses from the west are shown at 213th Street and Spruce Street, one is shown to the north accessing 210th Street and one is shown to the south as a future access. In addition, the needed improvements to 213th Street and 210th Street are not currently planned or programmed for by the City, Township and MnDOT. Additional transportation studies are required with these proposed accesses due to inherent problems with each ingress/egress shown. The access shown at Spruce Street may be problematic because of the need to cross the Prairie Waterway. Decisions to encroach into this environmentally sensitive ecosystem have not been previously contemplated and thus would need to be extensively reviewed. The access to the north needs to be reviewed because 210th Street is bounded on the north by Empire Township. Additional discussions with this body must take place before development could occur. The access to the south is also difficult because the property owner south of Rother has not indicated a desire to develop his property and any future access to the south would most likely be slow in proceeding. Therefore, additional accesses to this region need to be planned and reviewed before any development could occur on the Devney property. Sanitary Sewer The City has reviewed the feasibility of serving this property with sanitary sewer and water service. As the attached comments from Mark Rolfs of Bonestroo indicate, only the west half of the property can currently be served with gravity flow sewer service (see attached plan). Other possibilities to serve the east half of the property would involve extending a new trunk line south from the existing interceptor line near CSAH 66 approximately % mile to the north of the property or installing a lift station. Since the City does not wish to add lift stations to their sewer system if possible and with only half of the property served with gravity sewer at this time, it is not feasible to develop the property to its potential. Low/Medium Acres Calculation The approved MUSA Staging Plan provides for 30 low/medium density acres to be allocated in the MUSA in 2005. As mentioned above, the total number of acres being applied for by the Devney property is 57.71 acres. Therefore, low/medium density MUSA acres could not be fully granted to this property because of the limited amount of MUSA allocated in 2005. Property Not Anticipated in Comprehensive Plan In 1998 when the Farmington 2020 Comprehensive Plan was being prepared, the Devney property was in Empire Township and has remained there until recently when it was annexed into the City on Apri116, 2001. Therefore, no planning was done or anticipated for this property. Additional studies should be performed to assist the City in planning for this property in the future. Planning Commission Findings of Fact The Planning Commission reviewed the petition on June 12, 2001 and recommended denial of the Comprehensive Plan Amendment and Zone Change for the Michael and Eileen Devney property upon the attached Findings of Fact. ACTION REOUESTED Approve or Deny the Comprehensive Plan Amendment and Zone Change for the Michael and Eileen Devney property and direct staff to Findings of Fact and Conclusions consistent with the City Council's decision for formal adoption at the next Council meeting. Respectfully Submitted, ~ ,~:~ v Lee Smick, AICP Planning Coordinator cc: Michael and Eileen Devney, 5810 212th Street West Roger Cook, 423 3rd Street CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Petition for Comprehensive Plan Amendment and Rezone for Michael and Eileen Devney Property On May 22, 2001 and June 12, 2001, the Farmington Planning Commission held a public hearing to consider the petition of Michael and Eileen Devney to seek a Comprehensive Plan Amendment to LowIMedium Density Residential and a Zone Change from A-I (Agriculture) to R-2 (LowIMedium Density Residential). The property is located in the West 2200 feet of the North one-half (Nl/2) of the Northeast Quarter (NEl/4) of Section 32, Township 114, Range 19, Dakota County, EXCEPTING therefrom the North 416 feet of the West 732.98 feet, AND ALSO EXCEPTING therefrom the West 150 feet of the South 590 feet thereof. The Commission's consideration of the request followed public testimony given at the meeting. The Planning Commission voted to deny the requested petition on a 5-0 vote. The Planning Commission considered the recommendation provided by staff and evidence and testimony submitted.. The applicant was present and the Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The Planning Commission cited the fact that the intersection at 213 th Street and Trunk Highway 3 has not been studied in great detail and issues such as funding of the signalization and improvements to the intersection need to be determined and are unknown at this time. 2. The encroachment of the Prairie Waterway by a connection to the east from Spruce Street may adversely impact the environmentally sensitive ecosystem of the waterway, therefore further traffic studies need to be conducted to determine other solutions to avoid this potential encroachment. 3. The 2020 Comprehensive Plan did not include this area when planning the community, therefore further studies such as the Comprehensive Thoroughfare Plan, Comprehensive Sanitary Sewer Plan, Comprehensive Water Plan and Surface Water Management Plan are needed to fully examine the impact of development is this area. 4. The sanitary sewer can only serve half of the property with a gravity flow sewer service. Since the City does not wish to add lift stations to the sanitary sewer system if possible and the possibility of extending a sewer line to the north % of a mile to connect with an existing trunk line would represent a major capital investment not currently programmed, the entire property cannot develop with gravity sanitary sewer service. 5. The lifecycle housing is out of balance because the 2005 MUSA allocation for low/medium density ccres allowed only 30 acres. The property consists of 57.71 acres and exceeds the allocated acres. 61335 1 BY: ATTEST: 61335 CITY OF FARMINGTON Planning Commission Chair Person Planning Coordinator 2 2020 Comprehensive land Use Plan Devney and Rother Properties Devney Property Castle Rock Township Empire Township Legend /\ / City Boundary L' 'I MUSA Boundary Environmentally Sensative- Flood Plain/Major Wetlands/Woodland ;-...., Environmentally Sensitive within Developed Areas '--' Environmentally Sensitive in Undeveloped Areas N Comprehensive land Uses * I Urban Reserve Business W E Industrial ." Business Park s D low Density Residential D",.., low/Medium Density .',""' ""'.'"c..,'.' 1t">r1l11 Medium DenSity _ High Density ~ Public/Semi Public '>" "l' _ City Park/Open Space '""'. e.'" _ Restricted Development D Natural Open Space DROW NOTE; THlS M"P IS FO~ PI..UoNI'iG PURPOSES ONLY "NO ~OULO NOT 8E U5eO FOR EXACT ME"SUREMENTS City of Farmington Zoning Districts Location Map of Subject Rezone Empire Township Legend ,"vl City Boundary ./' I MUSA Boundary ~oning Districts A-1 (Agriculture) A-2 (Agriculture Preserve) B-1 (Limited Business) B-2 (General Business) B-3 (Heavy Business) B-4 (Neighborhood Commercial) C-1 (Conservation) F-1 (Floodway) F-2 (Flood Fringe) F-3 (General Flood Plain) 1-1 (Light Industrial) PUD (Planned Unit Development) R-1 (Low Density) R-2 (Medium Density) R-3 (High Density) R-4 (Mixed Code) N W+E Castle Rock Township s last Amended April 3, 2000 Environmental Sensitive Areas Wetlands and Floodplain \~.<i "I\~ >"'>'.' IjE/ I/'},:)! \ ~ r I .,.., , ...".'..' c'./f:(~ ~ " '. rfI!1l ~ ~ ~--- I ~r-- - - - '^ r~ v ~ f---- ,<< //1' ri \ --.-'/c- o ~ ~~ ~ ~r;l A',.,; ~ .... ~ Pi::: l=!:, \ \ Rother Prope - ~~ . - nn n HWY ~IJ ,'''" c,''''''' - ~ - 0-- ",i;;g) v LB ~ =:J ~ / /\/ City Boundary c=J Parcel Map ~2~~?;~sl NWI Wetland ;N....i,:..i;...'~,*"" FEMA Flood Map "A EAO ~ A1-A30 ~B N W*E s Devney & Rother Properties Aerial Photographs N ,/\,/1 City Boundary w~ E Parcel Map T s 11.;;' a Bonestroo _ _ Rosene ~ Anderlik & 1 \J 1 Associates Engineers & Architects Bonestroo. Rosene. Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G, Bonestroo. P.E. . Marvin L. Sorvala. P,E. . Glenn R, Cook. P.E, . Robert G. Schunicht. P.E, . Jerry A Bourdon. P.E, Senior Consultants: Robert W, Rosene. P.E. . Joseph C Anderlik. P,E. . Richard E, Turner. P.E, . Susan M, Eberlin. CP.A Associate Principals: Howard A, Sanford. P,E, . Keith A, Gordon. P.E, . Robert R, Pfefferle. P.E, . Richard W. Foster. P.E, . David 0, loskota. P.E, . Robert C Russek. AI.A . Mark A. Hanson. P.E. . Michael T, Rautmann. P.E, . Ted K.Field. P.E. . Kenneth P. Anderson. P.E, . Mark R. Rolfs. P.E, . David A Bonestroo. M,B,A . Sidney P. Williamson. P.E.. L.S. . Agnes M. Ring. M,B.A . Allan Rick Schmidt. P.E, Offices: St, Paul. St. Cloud. Rochester and Willmar. MN . Milwaukee. WI \XIebsite: www.bonestroo.com Memorandum TO: Lee Smick Planning Coordinator FROM: Shelly Johnson DATE: May 30, 2001 RE: Devney-Rother Property - Projected Traffic Volumes On 213 th Street West Our File No. 141-99-101 You have requested an assessment of the potential traffic volumes that could utilize 213th Street West given development of the Devney/Rother properties. A map showing the property locations is attached as Figure 1. The Devney property contains 57.5 developable acres and the Rother property contains 40.75 developable acres. You have informed us that the overall density of East Farmington is 3.32 dwelling units per acre and that the Devney/Rother properties will develop between 2.5 and 5.5 dwelling units per are. Comparison of the estimated vehicular traffic for the properties are shown on Tables 1 and 2. Weare assuming, for this document, that the dwelling units are single family dwellings and not townhome style. Table 1 Daily Traffic Estimates - Devney/Rother Properties I I Dwelling i Dailv Traffic I - . ... ~ Dul/Acre U . 2 Property mts Estimate Devney 2.5 143 1,370 (57.5 acres) 3.32 190 1,820 5.5 -t 316 3,025 Rother 101 965 2.5 (40.75 acres) 3.32 135 1,290 5.5 224 2,145 I Devney Plus 2.5 244 2,335 I Rother 3.32 325 3,110 5.5 540 5,170 1. Dwelling units 2. Assumed all single family detached housing 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 Table 2 P kH T ffi E . D /R h P ea our ra Ie stimates - evney, ot er ropertles Peak Hour Traffic Estimates Property Dul/Acre Dwelling A.M. Peak P.M. Peak U nits2 In Out In Out Devney 2.5 143 25 85 95 50 (57.5 Acres) 3.32 190 35 110 125 65 5.5 316 60 175 205 115 Rother 2.5 101 20 60 65 35 (40.75 3.32 135 25 75 85 50 Acres) 5.5 224 40 130 145 80 Devney plus 2.5 244 45 145 160 85 Rother 3.32 325 60 185 210 115 5.5 540 100 360 350 195 1. Dwelling units 2. Assumed all single family detached housing The daily and peak hour traffic estimates illustrate the range of values that could occur dependent upon the design of the project. For this assessment we have assumed that the development is all single family detached housing. The assessment, which follows, will address the traffic impact on 213th Street W using the three project densities shown in Tables 1 and 2. Figure 2 illustrates major ingress/egress points to the property that we have assumed for the development. Project design will have an impact upon the travel choices made by residents of the development. The daily traffic estimates for the three density ranges are shown on Figure 3. Considering the sum of both properties, we estimate that 70 percent of the traffic will use 213th Street, 5 percent will travel north to CR 72 and then ultimately use 213th Street, which is also CR 72, and 25 percent of the traffic will use Spruce Street. The 1996 daily traffic volume on 213 th Street was approximately 1,850 vehicles per day. This volume was obtained from the MnDOT traffic flow map and is generally in the location where 213th Street meets Cambodia Avenue. The volumes on 213th, at the intersection with TH 3, are probably higher than the 1850 daily volume due to the presence of the medical and residential land uses along 213th Street between Cambodia Avenue and TH 3. Using the mid-range density of 2,345 trips added by the developments would create a daily total of 4,145 vehicles on 213th Street near Cambodia Avenue. 213th Street is designated as a major collector on the city thoroughfare plan. The volumes projected to occur can be accommodated by a major collector. There will be a problem developing at the intersection of213th Street with TH 3. The future volumes may create the need for traffic signal control since the majority of the volumes will desire to negotiate a left turn from 213th Street to TH 3. The signalized intersection ofTH 3 with Elm Street is not very far from the TH 3/213th Street intersection. Such signal spacing is surely not the most desirable, but may become necessary. MnDOT and Dakota County would have to approve signalization should it become necessary. An all-way stop would not be the most desirable either given its proximity to a signalized intersection. It should also be noted that should such volumes occur on 213th Street, some roadway improvement work would be necessary on 213th Street at the intersection with TH 3. Two intersection approach lanes would be necessary at the intersection in order to provide an exclusive left turn lane and a right turn lane. Summation (J The major collector of213th W (CR 72) can accommodate future volume projections of the Devney and Rother properties, assumed as single family detached housing development. (J The overall density of 3.32 is much more desirable than the 5.5 density merely because less traffic is generated, thus creating fewer traffic issues. (J Dependant upon the total units constructed, a mix of single family detached housing and townhouse may be desirable also. Townhome units generate fewer daily trips than single family detached housing. (J Development of the Devney/Rother properties may create a need for a traffic signal at the intersection of213th Street with TH 3. Intersection improvements to 213th Street will also be necessitated. 11 I i Legend I^-/ City Boundary "/" "I t.IJSA BOUldllry 1!milrcnmentally Sensallve- FJood PlalnlMaJor WetlandsM'oodland c; Envircnmenlally Sen&ilive within Developed Anla& ~ Environmentally SensItive In Undeveloped Areas 1'1 Cbmpl8hsn&ive Land Uses * ....... Urban Reserve ~S~ w ~ Industrial .,. BuslnetlS ~ Law Censity RssidentiaJ l.cwfMed1\lm Density !5.;~~ Medium Density ., HIgh Density Publk:lSeml Public City PerkJO~ Space _ Rectrk:tOd o.veJcpment ~ Natund Open Space c::l ROW s ~.~~~""'...........c __ au................ lIP ",.. CI ___ PUct' ..........-. r/6UI2..E5 .t - llEV N E '( / ~dT"t-f-f:"- P/Z..dpp'b-y 1."~R77t)tV I-TJ" D I '2131/S) r. 'i," DD] Legend 1"./ City Boundary "/" Z MUSA Bcu1dllry "l!nVircnmentally Sensallve. Flood ~Ialn/Malor WetJandsIWoodlancl i-~ Envircnmantally Sensitive within Developed Arva& :;:;:; Environmentally SensItive In Undeveloped Areas 1'1 Compl'8hen&iw UInd UOEIS * ii,,",. ~~Reserve W I!: Indwtrisl .'- ~ 6uslnetlS Pln S U Law Censily Residential CJ. LowIMedlum een,ity 1'~?1, =~~ Publk:lS8lIlI Public City PlIrkJ'Ol*1 Space _ RMb1ctOd Developrroenl ~ Natural Open Space DROW 115 '7~€) [I, Z7bJ ~.~."""'t\IolNw:. .........,.~............,. .wu.~~_~. r/6,Urz.I5. 3 p(2.tJP6fl'TV 6EN s~J4TEj) , 1JA JI- V,Tfl."tF'Fl~. fS71 ".AY~5 L.,t=t,pND ' ~"p _ l)A.;'1 V"L)ltn~ - Z,S ,b....jA(fZ.1!' (t}fIO) - MIJ-l-( VIJ-klr\te.S - !,32. OIAlJ"Ul.~ [tJ4I~J - DtUJ-V V'LUII\~ - G.S I>K1Alltt. {F"TIIIl~ II I : 1 Legend I^'-/ City Boundary "/' "I MU$I\ Bou1dllry ~ronmenfally Sensa1lve- Flood F'latnlMaJor WetlandsJWoodland ~ Environmentally Sensitive within Developed Mas :;:;::: Environmentally SensItive In Undeveloped Aress 1'1 Cbmpl8hensi_Land URIS * ..,-'.. Urt)an Reserve ~~~ w ~ IndU&tria1 . ,~<!. Buslne<'..s Pl:rk Low Censity Rssidential I.owIMedlum Density !,~.,~ Medium Den&ity '-' tflgh Density PubllclS.m Public City P,rk/Open Space _ RecfJ1ct8cI o.veJopment E3 Natural Open Space DAOW s ~''''''~''''1f:1M''''''1IIC. --.."'....--........ u"..~.....cr_.....-a. f'/~1A fI.. S 2:,- - . ASS um 1St:J h1 A:r~ (2.. :IN t5 ~e S:~'I r;!G. (l..6~S . ' ... Memo a Bonestroo -=- Rosene "till Anderlik & 1\11 Assodates Eng'neers & ArchJtects Project Name: Rother and Devney Annexation Client: City of Farmington To: Lee Mann File No: 141Gen From: Mark R. Rolfs Date: 03/22/01 Re: Sewer and Water Service Remarks: We have looked at the potential for serving the properties identified as Rother and Devney with sewer and water. The attached figure identifies the properties and shows the location of the existing sewer and water. 1. Existing Utilities: a. Sewer- 10" @ 0.28%, Invert e/ev. = 879.33 b. Water-12". Static Pressure = 90 psi 2. Potential Annexation Areas: a. Devney - 62 Acres b. Rother - 60 Acres 3. Estimated Flows: Sewer- 3 units/acre 1r 3 people/unit 1r 100 gpcd 1r 122 acres = 110,000 gal/day PFF = 4.0 Design Flow = 440,000 gal/day = 305 gpm. Water- Avg Day = 110,000 gal/day. Max Day = 330,000 gal/day, Peak Hour = 660,000 gal/day = 460 gpm. Fireflow = 1,000 gpm. FF governs 4. Sewer Capacity and Elevation: 10" @ 0.28% = 520 gpm OK By comparing this area to the East Farmington area it was decided that this area would likely be developed with split level homes. Additionally, the area would most likely have to be built up due to the nearby wetland area. From the USGS map, it appears that the wetland is at an approximate elevation of 890.0. It is our best guess the lowest ground floor elevation would be 893.0, t~erefore putting the basement floor elevation at apPf".oximately 889.0.; Our highest " sewer depth could then be approximately 887.0. ASs~m~~g an 8';se~er at . " '", . .. .~. .... ...... ~ ~ .'~'" ,Ch'. - . .." 0.4% grade, this gives us a total available sewer length o~ appro~!mately 1,900 feet. Assuming an even split between an east run and a north-south rim, we , . . Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 ' Page 1/2 Memo ~ Bonestroo -=- Rosene ~ Anderfik & . \J' Assodates Engln.... "A<c/'Ilt.cu can serve approximately the western one-half of the potential annexation area with gravity. 5. Water Service: We looked at the computer model 14199117\exsystem2.dwg and the flow test data taken by Bill Wierke and myself on June 28 of last year. We extended the model to the east to determine available fire flow. In order to provide a residential fire flow to the eastern end of the potential annexation area will require either a looped 6-inch system or a dead end 8" system. For water quality reasons, the looped system is preferable. In order to provide a better balance, it is recommended that an 8-inch main be extended due east, and then 6 inch mains could be looped internally to the north and south. These relatively small main sizes will work because of the high static pressures in the area. This allows relatively high head losses, while still providing 20 psi residual pressure. End of Memo , ~. ;\- ~..' ~ ~~~-' ~~;4i';-' .~ ....; Bonestroo, Rosene, Anderlik and Associates 2335 "'fest Highway 36 oj: St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 Page 2/2 /0 <:!..- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us SUBJECT: Mayor, Council Members, ~ Interim City Administrator \:1\j Lee Smick, AICP n (J Planning Coordinator y't)/ Consider Comprehensive Plan Amendment - Rother Property TO: FROM: DATE: June 18, 2001 INTRODUCTION Lawrence Rother is seeking a Comprehensive Plan Amendment for his property to LowlMedium Density Residential and to rezone his property from A-I (Agriculture) to R-2 (LowlMedium Density-Residential). The Rother property is located east of 213th Street (County Road 72) and the Prairie Waterway, south of the Devney property, west and north of Empire Township. DISCUSSION The Rother property was annexed into the City on April 16, 2001 and was brought into the City in less than 60-acre increments and given an A-I zoning classification per City policy. The total acreage of Rother's property is 56.12 acres. The applicant proposes to amend the Comprehensive Plan to LowlMedium Density Residential on the property. Preliminary development proposals have ranged from multi-family townhomes to smaller single family lot development, similar to East Farmington. The applicant is also seeking to rezone the property from A-I (Agricultural District) to R-2 (LowlMedium Density Residential District). The A-I zoning category is designated to a property when it is annexed into the City. Additionally, a Comprehensive Plan Amendment and Zone Change is required if an applicant plans for development on the property. The R-2 (Low/Medium Density Residential District) is intended as an area which incorporates older existing development as well as undeveloped land that would be suitable for small lot single-family construction as well as duplexes, townhouses and quad homes. At the Planning Commission meeting on May 22, 2001, the Commissioners requested certain issues be reviewed before the Commission acted upon the Rother petition. The following are items that the Commission requested further discussion on: 1. Transportation System 2. Sanitary Sewer 3. Low/Medium Acres Calculation 4. Property Not Anticipated in Comprehensive Plan ,...~ L._ '"_m '_.huh. . ... ____.,__ ~ , ."....\ . ",' " "" '- , ,/ "\ '>U . ".. "Z ",' )0- ",'>':-.\U , ..,,\~ ' " -', ", ..,,~ :'~'" " " .., "'"', '..~,., ......, , t! ~ ~ 1- o cl- " ...,:... ',............ ''''~ "-. ........ r~ fuEjLLLL [' ". hh...: :....... .."..... ',......! j....... .. "h~ ...,.-;_...!.,-,.... -. /' i" i I ; [fJ): , .. i fl' : , : > ..... " - . ~ '.' ..... ,,~. . . " , " , . '-.... ....... " , ::'l!.j"\<.'" . '.:~: - - [f],:; CJ '.,....'.,:.....,",./.. ...,...'. ! "'-,." "'-." . ., "".' ";-.:-:.. :..... ,...:" '" : ff]" 0' : : : : . ; '--.... ...... . ,,' l...........; ".~:. ..m(. , .....1: . . ......- .... ,.....co...: ; : : :' ..--! . . , . . . . . [[]" [J . : : : -.... . " , , 1 ,..... "'"Un hh.i-'- r.._ ....) . - . ~ ~ : . .....- ...... ,.-- : :. ......; i ~h"" "'''': . . . . . . . . ~' 0'<' , fU,' ,,' ,','.., (}, '''<. '~ ..., '.~ ", . ','" ~ ~ c:::r () " '.... -,\. .,,:' ~,<..... ." -~, , ',,- -'\'" tll }:::::, , .':..... ............................. ................................... j U J {: \ \r .,.---\ i L---"--- \/ 't J' \ r ;". ...Lit}...!).. "-: f.... .....j L_. rirr-{r ............r..........} ~ If) 't' I i Ml ~I /; .............................n.....:... \ Transportation System Shelly Johnson, Transportation Engineer for Bonestroo, Anderlik & Rosene reviewed the projected traffic volumes for the Rother property and the property to the north owned by Michael and Eileen Devney and his findings are documented in the attached memo. Mr. Johnson has assumed a density range of2.5, 3.32 or 5.5 in projecting development rates and estimating traffic counts. In his final analysis, he states that 213th Street functions as a major collector and can accommodate future single-family detached development subject to the improvements specified. Additionally, he recommends that a density similar to East Farmington at 3.32 is more desirable than the 5.5 density because it generates less traffic from the developments. He also suggested a combination of single- family and townhome units in the developments because townhomes tend to generate less traffic as well. Finally, he proposes that the developments would create the need for signalization at the intersection of 213th Street and Trunk Highway 3 as well as improvements on 213th Street for left and right turn lanes to maximize traffic movement. Mr. Johnson's memo suggests that 213th Street can accommodate future traffic projections from the developments, however, in Figure 2 he shows a number of additional assumed major ingress/egress routes to the Rother property as well as the Devney property to the north. Two accesses from the west are shown at 213th Street and Spruce Street, one is shown to the north accessing 210th Street and one is shown to the south as a future access. In addition, the needed improvements to 213th Street and 210th Street are not currently planned or programmed for by the City, Township and MnDOT. Additional transportation studies are required with these proposed accesses due to inherent problems with each ingress/egress shown. The access shown at Spruce Street may be problematic because of the need to cross the Prairie Waterway. Decisions to encroach into this environmentally sensitive ecosystem have not been previously contemplated and thus would need to be extensively reviewed. The access to the north needs to be reviewed because 2l0th Street is bounded on the north by Empire Township. Additional discussions with this body must take place before development could occur. The access to the south is also difficult because the property owner south of Rother has not indicated a desire to develop his property and any future access to the south would most likely be slow in proceeding. Therefore, additional accesses to this region need to be planned and reviewed before any development could occur on the Rother property. Sanitary Sewer The City has reviewed the feasibility of serving this property with sanitary sewer and water service. As the attached comments from Mark Rolfs of Bonestroo indicate, only the west half of the property can currently be served with gravity flow sewer service (see attached plan). Other possibilities to serve the east half of the property would involve extending a new trunk line south from the existing interceptor line near CSAH 66 approximately % mile to the north of the property or installing a lift station. Since the City does not wish to add lift stations to their sewer system if possible and with only half of the property served with gravity sewer at this time, it is not feasible to develop the property to its potential. Low/Medium Acres Calculation The approved MUSA Staging Plan provides for 30 low/medium density acres to be allocated in the MUSA in 2005. As mentioned above, the total number of acres being applied for by the Rother property is 56.12 acres, Therefore, low/medium density MUSA acres could not be fully granted to this property because of the limited amount of MUSA allocated in 2005. Property Not Anticipated in Comprehensive Plan In 1998 when the Farmington 2020 Comprehensive Plan was being prepared, the Rother property was in Empire Township and has remained there until recently when it was annexed into the City on April 16, 2001. Therefore, no planning was done or anticipated for this property. Additional studies should be performed to assist the City in planning for this property in the future. Planning Commission Findings of Fact The Planning Commission reviewed the petitiOn on June 12, 2001 and recommended denial of the Comprehensive Plan Amendment and Zone Change for the Lawrence Rother property upon the attached Findings of Fact. ACTION REQUESTED Approve or Deny the Comprehensive Plan Amendment and Zone Change for the Lawrence Rother property and direct staff to Findings of Fact and Conclusions consistent with the City Council's decision for formal adoption at the next Council meeting. Respectfully Submitted, V ' --, /1 c~g~ Lee Smick, AICP Planning Coordinator cc: Lawrence Rother, 3305 200th Street Roger Cook, 423 3rd Street CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Petition for Comprehensive Plan Amendment and Rezone for Lawrence Rother Property On May 22, 2001 and June 12, 2001, the Farmington Planning Commission held a public hearing to consider the petition of Lawrence Rother to seek a Comprehensive Plan Amendment to Low/Medium Density Residential and a Zone Change from A-I (Agriculture) to R-2 (Low/Medium Density Residential). The property is located in the West 2200 feet of the S Y2 of the NE 'l4 of Section 32, Township 114 Range 19, Dakota County, excepting therefrom the West 350 feet thereof. The Commission's consideration of the request followed public testimony given at the meeting. The Planning Commission voted to deny the requested petition on a 5-0 vote. The Planning Commission considered the recommendation provided by staff and evidence and testimony submitted.. The applicant was present and the Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The Planning Commission cited the fact that the intersection at 2l3th Street and Trunk Highway 3 has not been studied in great detail and issues such as funding of the signalization and improvements to the intersection need to be determined and are unknown at this time. 2. The encroachment of the Prairie Waterway by a connection to the east from Spruce Street may adversely impact the environmentally sensitive ecosystem of the waterway, therefore further traffic studies need to be conducted to determine other solutions to avoid this potential encroachment. 3. The 2020 Comprehensive Plan did not include this area when planning the community, therefore further studies such as the Comprehensive Thoroughfare Plan, Comprehensive Sanitary Sewer Plan, Comprehensive Water Plan and Surface Water Management Plan are needed to fully examine the impact of development is this area. 4. The sanitary sewer can only serve half of the property with a gravity flow sewer service. Since the City does not wish to add lift stations to the sanitary sewer system if possible and the possibility of extending a sewer line to the north % of a mile to connect with an existing trunk line would represent a major capital investment not currently programmed, the entire property cannot develop with gravity sanitary sewer service. 5. The lifecycle housing is out of balance because the 2005 MUSA allocation for low/medium density acres allowed only 30 acres. The property consists of 56.12 acres and exceeds the allocated acres. 61335 1 BY: ATTEST: 61335 CITY OF FARMINGTON Planning Commission Chair Person Planning Coordinator 2 2020 Comprehensive land Use Plan Devney and Rother Properties Castle Rock Township Empire Township Legend ,^'/ City Boundary 'L' / MUSA Boundary Environmentally Sensative- Flood Plain/Major WetlandslWoodland f---' Environmentally Sensitive within Developed Areas "--' Environmentally Sensitive in Undeveloped Areas N Comprehensive Land Uses * i Urban Reserve E Business W Industrial ',' Business Park S c:::::J Low Density Residential c:::::J" Low/Medium Density .",'" " "~"'c" 1';';''\11 Medium Density _ High Density ra1".J!1 Public/Semi Public \ ' /' _ City Park/Open Space "c", "."" _ Restricted Development c:::::J Natural Open Space c:::::J ROW NOTE'Tf.IlS.....PISFORP1.ANNI"'C PURPOSES ONLY ""10 SHOULD NOT SEUSl;DFOREXACTI,lE.lSUREME"llS Environmental Sensitive Areas Wetlands and Flood lain . 1i1, ~ ffJ /\/ City Boundary CJ Parcel Map W!,~i~~1 NW I Wetland FEMA Flood Map "A CJAO 10'~}i;['i}<jl A 1-A30 1'."....'j'cl B ,~,',,:'<.:~:~C;i N w+, s City of Farmington Zoning Districts Location Map of Subject Rezone I ~W 11111 Llll\';;\ ~ Castle Rock Township Empire Township Legend /'vl City Boundary ./' I MUSA Boundary ~oning Districts A-1 (Agriculture) A-2 (Agriculture Preserve) B-1 (Limited Business) B-2 (General Business) B-3 (Heavy Business) B-4 (Neighborhood Commercial) C-1 (Conservation) F-1 (Floodway) F-2 (Flood Fringe) F-3 (General Flood Plain) 1-1 (Light Industrial) ",u.> PUD (Planned Unit Development) R-1 (Low Density) R-2 (Medium Density) R-3 (High Density) R-4 (Mixed Code) N W+E s Last Amended April 3, 2000 Devney & Rother Properties Aerial Photographs N 1/\/1 City Boundary W~E Parcel Map T s a Bonestroo _ _ Rosene ~ Anderlik & . \J . Associates Engineers & Architects Bonestroo, Rosene, Anderlik and Associates, Inc, is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principais: Otto G, Sonestroo. PE, . Marvin L. Sorvala. PE. . Glenn R, Cook. PE, . Robert G, Schunicht. PE, . Jerry A. Sourdon. PE. Senior Consultants: Robert W, Rosene. PE, . Joseph C Anderlik. PE, . Richard E. Turner, PE. . Susan M, Eberlin, CPA, Associate Principals: Howard A, Sanford. PE, . Keith A. Gordon. PE. . Robert R, Pfefferle. PE. . Richard W. Foster, PE, . David 0, Loskota, P.E. . Robert C. Russek. A.I.A. . Mark A. Hanson. PE. . Michael T, Rautmann. PE. . Ted K.Field. PE. . Kenneth P Anderson. PE, . Mark R, Rolfs. PE, . David A. Sonestroo. M,B.A. . Sidney P Williamson. PE.. L.S. . Agnes M, Ring. M,S,A. . Allan Rick Schmidt, PE. Offices: St, Paul, 5t, Cloud. Rochester and Willmar. MN . Milwaukee. WI Website: www.bonestroo.com Memorandum TO: Lee Smick Planning Coordinator FROM: Shelly Johnson DATE: May 30, 2001 RE: Devney-Rother Property - Projected Traffic Volumes On 213th Street West Our File No. 141-99-101 You have requested an assessment of the potential traffic volumes that could utilize 213th Street West given development ofthe Devney/Rother properties. A map showing the property locations is attached as Figure 1. The Devney property contains 57.5 developable acres and the Rother property contains 40.75 developable acres. You have informed us that the overall density of East Farmington is 3.32 dwelling units per acre and that the Devney/Rother properties will develop between 2.5 and 5.5 dwelling units per are. Comparison of the estimated vehicular traffic for the properties are shown on Tables 1 and 2. We are assuming, for this document, that the dwelling units are single family dwellings and not townhome style. Table 1 Daily Traffic Estimates - Devney/Rother Properties I ' I Dwelling i Dailv Traffic i ~ . .' ~ Property Dul/Acre U nits2 Estimate Devney 2.5 143 1,370 (57.5 acres) 3.32 190 1,820 5.5 316 3,025 Rother 2.5 101 965 (40.75 acres) 3.32 135 1,290 5.5 224 2,145 I Devney Plus 2.5 244 2,335 Rother 3.32 325 3,110 5.5 540 5,170 1. Dwelling units 2. Assumed all single family detached housing 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 Table 2 P kH T ffiEf f D IR th P f ea our ra Ie Sima es- evney 0 er roper les Peak Hour Traffic Estimates Property Dul/Acre Dwelling A.M. Peak P.M. Peak Units2 In Out In Out Devney 2.5 143 25 85 95 50 (57.5 Acres) 3.32 190 35 110 125 65 5.5 316 60 175 205 115 Rother 2.5 101 20 60 65 35 (40.75 3.32 135 25 75 85 50 Acres) 5.5 224 40 130 145 80 Devney plus 2.5 244 45 145 160 85 Rother 3.32 325 60 185 210 115 5.5 540 100 360 350 195 I. Dwelling units 2. Assumed all single family detached housing The daily and peak hour traffic estimates illustrate the range of values that could occur dependent upon the design of the project. For this assessment we have assumed that the development is all single family detached housing. The assessment, which follows, will address the traffic impact on 213th Street W using the three project densities shown in Tables 1 and 2. Figure 2 illustrates major ingress/egress points to the property that we have assumed for the development. Project design will have an impact upon the travel choices made by residents of the development. The daily traffic estimates for the three density ranges are shown on Figure 3. Considering the sum of both properties, we estimate that 70 percent of the traffic will use 213th Street, 5 percent will travel north to CR 72 and then ultimately use 213 th Street, which is also CR 72, and 25 percent of the traffic will use Spruce Street. The 1996 daily traffic volume on 213 th Street was approximately 1,850 vehicles per day. This volume was obtained from the MnDOT traffic flow map and is generally in the location where 213th Street meets Cambodia Avenue. The volumes on 213th, at the intersection with TH 3, are probably higher than the 1850 daily volume due to the presence of the medical and residential land uses along 213th Street between Cambodia Avenue and TH 3. Using the mid-range density of 2,345 trips added by the developments would create a daily total of 4,145 vehicles on 213th Street near Cambodia Avenue. 213th Street is designated as a major collector on the city thoroughfare plan. The volumes projected to occur can be accommodated by a major collector. There will be a problem developing at the intersection of213th Street with TH 3. The future volumes may create the need for traffic signal control since the majority of the volumes will desire to negotiate a left turn from 213th Street to TH 3. The signalized intersection ofTH 3 with Elm Street is not very far from the TH 3/213th Street intersection. Such signal spacing is surely not the most desirable, but may become necessary. MnDOT and Dakota County would have to approve signalization should it become necessary. An all-way stop would not be the most desirable either given its proximity to a signalized intersection. It should also be noted that should such volumes occur on 213th Street, some roadway improvement work would be necessary on 213 th Street at the intersection with TH 3. Two intersection approach lanes would be necessary at the intersection in order to provide an exclusive left turn lane and a right turn lane. Summation Q The major collector of213th W (CR 72) can accommodate future volume projections of the Devney and Rother properties, assumed as single family detached housing development. Q The overall density of3.32 is much more desirable than the 5.5 density merely because less traffic is generated, thus creating fewer traffic issues. Q Dependant upon the total units constructed, a mix of single family detached housing and townhouse may be desirable also. Townhome units generate fewer daily trips than single family detached housing. Q Development of the Devney/Rother properties may create a need for a traffic signal at the intersection of213th Street with TH 3. Intersection improvements to 213th Street will also be necessitated. /'/ City Boundary 'l> 'l MUSA BoundlJIY 'Emiironmenlally Sensatlve- FJood PlalnlMajor WetlandsIWoodland i:::J Envircnmentally Sensitive within Developed Anla& :;;;;:: Envtronmentally SensItive In Undeveloped Are.llS 1'1 Cbmp/'8hensive Land Uses * UrblJn Reserve W I!: Business Industrial Busllle$S Pri Low Density Residential LcwIMedlulTI Density 15\"T": Medium Density HlghDensity PubliclSemi Public City Per1<JOpen Space _ ReSttIcted Development ~ ~ra1 Open Space s IOCP."'~"""~IM"""""'" -.IoQAM....."...~..,. "",".IOClII~""""""'" r/6UI'Z..E: .t PEVNEY /~~t+i:""- PlUpp!cry '-b~A7/"t.J lFICTIII&~ ,"/ City Boundary , "i"'"/ WSA Eku1dilry Wronmentally Sensa1lve. Flood Plaln/Major WetlandsIWoodland C~ Environmanlally Sensitive within Developed Ar8a& =:;:: Environmentally Sensltive In Undeveloped Areas N Cbmprehenaiw Land Uses * !'_." " UrtJan Re$erve ~~~ W E Induslrial .~ BuslnetlS P&vk low IJen&ity Rssidential Low/Medlum Oensity ..,,"' ........,._ n.......;+.. '~'N'" I'fJalUUoItll WVlI-"1 .. High Density PubllclSeml Public City Pllr1(IOl*1 Spece _ RutrIct8d DevBlopment a Natural Open Space c.:::1 ROW s ~'~~~IOII",........ _..................--&G.... IIIIU.__....a_.....-. r/~1A fl. Ei 4 - . ASS 14m fit:J m Ii::r~ (2.. XN 6 ~ s~'1 r;:(;. tz.5~s . ' /'71, D I (2131/5) r. 'iJ4I ~t)] Legend ,"-./ City Boundaty "/" "/ WSA BCll.I1d~ 'EnVironmentally Sensa1lve. Flood F'latnlMalor WetlandsIWoodland c;:: Envircnmentalty Sensitive within Developed Ar8a& ~;:: Environmentally SensItive In Undeveloped Areas 1'1 Comprehsn&ive Land U&BS * ii'-.'" UrtJen Reserve ~~MU W E IndustMl .~, Bu~11e$S Pn S U Law Censily Rssidential Q I.owfM.edlum Density I';~;'~ Medium Density High Density Publ1clS8C1'1I Public City PerWpen Space _ Re$trfcteCI DevelClj)l)'lElnt a Natural Open Space CJ ROW 17~ '7/.€) [I, Z it>J Lp~pNO r/6Urz.d. 3 "bP - OAI7'1 vpLJUniod - Z,t!. .b~/A(lZ.r Pf2,.tJP6fl.TV 6 fJN e~J4TEj) (fJI/O) - MU-'1 V,J.kM(.S - 3,32. O~/,..t.fl.L '1)A /l.. VT~...tF'Fl~. fs-rl ".AYE'5 [~if1~J - t)t\Ja.V VPL.UII\~ - &.5 1>M,IAtlt~ ..m"!'.TM!.......~"......C ...-....,..~............... IU' lot"'. ...nacrw......... Memo .11. Bonestroo e Rosene ~ Anderfik & 1\J 1 Associates Englne_ " Nchltocts Project Name: Rother and Devney Annexation Client: City of Farmington To: Lee Mann File No: 141Gen From: Mark R. Rolfs Date: 03/22/01 Re: Sewer and Water Service Remarks: We have looked at the potential for serving the properties identified as Rother and Devney with sewer and water. The attached figure identifies the properties and shows the location of the existing sewer and water. 1. Existing Utilities: a. Sewer- 10"@ 0.28%, Invert e/ev. = 879.33 b. Water - 12". Static Pressure = 90 psi 2. Potential Annexation Areas: a. Devney - 62 Acres b. Rother - 60 Acres 3. Estimated Flows: Sewer- 3 units/acre * 3 people/unit * 100 gpcd * 122 acres = 110,000 gal/day PFF = 4.0 Design Flow = 440,000 gal/day = 305 gpm. Water- Avg Day = 110,000 gal/day. Max Day = 330,000 gal/day, Peak Hour = 660,000 gal/day = 460 gpm. Fireflow = 1,000 gpm. FF governs 4. Sewer Capacity and Elevation: 10" @ 0.28% = 520 gpm OK By comparing this area to the East Farmington area it was decided that this area would likely be developed with split level homes. Additionally, the area would most likely have to be built up due to the nearby wetland area. From the USGS map, it appears that the wetland is at an approximate elevation of 890.0. It is our best guess the lowest ground floor elevation would be 893.0, tl?erefore putting the basement floor elevation at approximately 889.0. Our highest " : ,"J" .- .:':'::;-~ - .',' . sewer depth could then be approximately 88.7.0. As~u,!,~~g. an 8''. sewer at . . " ~ - . - . ,". .~-..' 4 ; 'i. :l'o'. ._' .. 0.4% grade, this gives us a total available sewer length of.appro~!mateIY,1,990 . .,.... -, -< " .. . . .-, feet. Assuming an even split between an east run and,~ .north-~outh ~un, we Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 Page 1/2 Memo n Bonestroo -=- Rosene 'Ii1I Anderfik & .\1. Associates EngJneen & Ard'lltects can serve approximately the western one-half of the potential annexation area with gravity. 5. Water Service: We looked at the computer model 14199117\exsystem2.dwg and the flow test data taken by Bill Wierke and myself on June 28 of last year. We extended the model to the east to determine available fire flow. In order to provide a residential fire flow to the eastern end of the potential annexation area will require either a looped 6-inch system or a dead end 8" system. For water quality reasons, the looped system is preferable. In order to provide a better balance, it is recommended that an 8-inch main be extended due east, and then 6 inch mains could be looped internally to the north and south. These relatively small main sizes will work because of the high static pressures in the area. This allows relatively high head losses, while still providing 20 psi residual pressure. End of Memo !'.... ,:'<-"', - ,~. ..~ "; j;.. ;,' '. ~~.' .;\- "'_ .;:,~~- '1? ;..._~.:. -. . . ',,',' ':'''' --..; Bonestroo, Rosene, Anderlik and Associates 2335 'N.est Highway 36 + St: Pa~J, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 -. .-. Page 2/2 ..,~ /_- , '''\ . ,,' '" "" '- , ,/ ''\ ~ ,.,', -z "..' ,.. .",,~~~ ". 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I ! ......n.....;... // City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lod FROM: Mayor and Council Member~I\.J Interim City Administrator ~'f Michael Schultz f)iJ Associate Planner TO: SUBJECT: Middle Creek 4th Addition Final Plat DATE: June 18,2001 INTRODUCTION D R Horton and Arcon Development Inc. jointly propose to plat 68 townhome units within the Middle Creek 4th Addition. The 68 townhome lots are located directly east of Pilot Knob Road and south of the previous 66 units plated as part of the Middle Creek 2nd Addition. DISCUSSION The 68-townhome units are part of the 222 overall townhome units proposed for the project. The Middle Creek 4th Addition Final Plat is proposed to slightly deviate from the approved preliminary plat iri that the developer/builder is proposing to.include two:"stall garages instead of. the proposed single-stall garages. This change is proposed for the four lots located north of 206th Street, this will require the lots to be extended an additional twelve feet to accommodate the two additional stalls on both sides of the building. The Preliminary Plat was approved by the Planning Commission on August 8, 2000 and by the City Council on August 21, 2000. The plat is comprised of the following area summary: Block 1 Area = Block 2 Area = Total Lot Area = Total Outlot Area = Total Right-of-Way = Total Area = 3.5020 acres 3.3105 acres 6.8125 acres 8.7449 acres 0.7942 acres 16.3516 acres Transportation The final plat shows the 206th Street right-of-way which will act as the main access in and out of the townhome portion of the development until the north/south road is constructed in future phases. 206th Street will be comprised of a 60-foot right-of-way and 34-foot roadway measured from the back of curb to the back of curb and will be constructed from Pilot Knob Road to the easterly side of Lot 4, Block 1. A majority of the traffic is expected to enter and leave the property from this access, thereby requiring a left and right turn lane on Pilot Knob Road into the development. The homeowners association will maintain the private driveways that extend off of 206th Street and which serve each of the units. Parks & Trails The Parks & Recreation Commission have requested that a park be provided in the southeastern portion of the project, north of the creek and west of Akin Road. Trails are planned on the south side of 206th Street, connecting to the future north/south trail along Pilot Knob Road. That trail will also connect to the future sidewalk/trail along the north/south road that will be constructed in future phases. Offstreet Parking Staff requests that the developer strongly consider additional off-street parking stalls to be constructed in locations off of the private drives, currently only four (4) off-street parking stalls (other than the driveways in front of each garage unit) are proposed as part of the 4th Addition. Fifty-two (52) of the sixty-six (66) units are planned for a two-stall garage for a total of four parking spaces per unit. The middle units (mainly on the south side of 206th Street and within the first phase) will have single-stall garages, for two off-street parking stalls, which meets the minimum required off-street parking by the City Code (two per unit). The Middle Creek plan indicates twenty-two (22) stalls in the first phase for 72 units, four (4) off-street parking stalls are proposed in the second phase and twenty-one (21) stalls are proposed as part of the last phase. Some on-street parking will be available along 206th Street. Landscape Plan Review A landscaping plan was approved as apart of the overall development plan. Boulevard trees are planned along 206th Street. Trees are proposed between the driveways along the private drives, landscaping is also planned around each of the units. Engineering Review The Engineering Division reviewed and approved the initial Middle Creek 4th Addition Final Plat and grading plans, but due to the proposed changes to the plat, requests revised grading plans for those areas. ACTION REOUESTED Consider attached resolution to approve the Middle Creek 4th Addition Final Plat contingent on the execution of a Development Contract, the submittal of a revised grading plan and continued review of additional off-street parking within the plat. Michael Schultz Associate Planner cc: DR Horton, Don Patton Arcon Development, Larry Frank RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT MIDDLE CREEK 4th ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 18th day of June, 2001 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking fmal plat review and approval of Middle Creek 4th Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 8th day of August, 2000 preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the final plat at its meeting held on the 12th day of June, 2001; and WHEREAS; the City Council reviewed the fmal 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 fmal plat with the following conditions: 1. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division; 2. The developer submitting the letter of credit and certificate of insurance required under the terms of the Development Contract. 3. The developer submit a revised grading plan relating to the changes made to Lots 1,2,3 and 4, Block 1 of the 4th Addition; 4. The developer continue discussion with City staff on locating additional off-street parking within the 4th Addition. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of June, 2001. Mayor Attested to the _ day of June, 2001. Interim City Administrator (Yl1~{j Lt ~[- , \. 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O~ Z ::J o LL U) rr lL. o rr I l- lL. lL. :r if ~ L L ( ( L - ( ( t- () w -, o 0:: a.. ~ o z r Z o I- 0:::: o I 0:::: o 0:: w z ;: o City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us IOe, TO: Mayor, Council Members, Interim City Administrator FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Consider Resolution - Wilson Property Preliminary Plat DATE: June 18, 2001 INTRODUCTION Steve and Nancy Wilson, 5200 203rd Street West, Farmington, Minnesota, Arcon Development, Inc. and D. R. Horton have submitted an application for the Wilson Property Preliminary Plat to subdivide 9 lots on 4.7 acres. The property is located in the central portion of the Middle Creek development and was recently rezoned to R- 3 PUD on May 21,2001. DISCUSSION The applicants are seeking to subdivide the property into 9 single-family lots arranged around a 570-foot long cul-de-sac. The property consists of the original 4 acres owned by the Steve and Nancy Wilson along with approximately 0.7 acres to the west of the Wilson property currently owned by Arcon and D. R. Horton. A total of 2 outlots also exist on the proposed plat. Outlot A is included in Lots 2 and 3 in Block 3 of Middle Creek 3rd Addition and Outlot B will be included in lots to be platted in a later phase. The following is a calculation of lot sizes and widths for the proposed lots: Lot Size Width Lot 1 10,974 square feet 90.0 feet Lot 2 14,044 square feet 85.0 feet Lot 3 21,940 square feet 85.0 feet Lot 4 27,472 square feet 80.0 feet Lot 5 32,941 square feet 80.0 feet Lot 6 19,923 square feet 80.0 feet Lot 7 15,368 square feet 80.0 feet Lot 8 16,653 square feet 80.0 feet Lot 9 14,732 square feet 87.3 feet Outlot A 1,728 square feet OutlotB 7,382 square feet Proposed Housing The Developer proposes walk-outs for five of the nine lots in the development. One look-out and three ramblers with full basements are proposed for the remaining lots located on the higher elevated sites as shown on the attached grading plan. The topography on the site shows a 38-foot difference from the top of the northeast comer of the site to the southwest comer of the site. However, this distance is within a 750-foot run, calculating to a 5% slope to the southwest. The greatest slope is in the southwest and southern portion of the property where the Developer stated at the Planning Commission meeting on June 12, 2001 that he proposes to save as many trees in this area as possible, thereby grading the northern portion of the property and planting trees in these disturbed areas. Transportation The preliminary plat shows 9 lots arranged around a 570-foot long cul-de-sac that will eventually connect to the proposed 203rd Street east/west minor collector. Since the cul-de-sac length exceeds the City requirement in Section 11-4-3 (B) stating that cul-de-sac streets shall not exceed 500 feet in length, a variance must be applied for before the final plat may be approved. The cul-de-sac roadway width is proposed at 28 feet measured from face of curb to face of curb. City policy also requires a sidewalk proposed on one side of a 28-foot wide street. The plat does not show the sidewalk and should therefore be a contingency in the approval of the preliminary plat. The Developer agreed to these conditions at the June 12,2001 Planning Commission meeting. Update on 203rd Street Issue Engineering concepts are continuing to be prepared by the Developer's engineer to address the issue of the encroachment of the existing McCarthy house in the current roadway easement. At their meeting on June 12, 2001, the Planning Commission issued a statement to the Developer informing him that they would not review a final plat to the Wilson Property until the issue with 203rd Street and the McCarthy house was resolved. Engineering Review The Engineering Division and Dakota County Soil & Water Conservation District submitted review comments concerning the plat and are attached to this packet. The review comments are minor and are not detrimental to the approval of the plat. The Planning Commission approved the Wilson Property Preliminary Plat contingent on the below conditions and the statement of not reviewing the Wilson Property Final Plat until the 203rd Street/McCarthy house issue is resolved. ACTION REQUESTED Consider the attached resolution approvmg the Wilson Property Preliminary Plat contingent upon the following items: 1. The Developer seeks a variance request for the 570-foot cul-de-sac that exceeds the City standards in Section 11-4-3 (B) of the City Code. 2. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards. Respectfully ~mitted(). ~.~. ~ee Smick, AICP Planning Coordinator cc: Steve and Nancy Wilson Larry Frank, Arcon Development, Inc. Don Patton, D R Horton File RESOLUTION NO. APPROVING PRELIMINARY PLAT WILSON PROPERTY Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 18th day of June, 2001 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the preliminary plat of Wilson Property is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 12th day of June, 2001 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the preliminary 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 preliminary plat be approved with the following conditions: 1. The Developer seeks a variance request for the 570-foot cul-de-sac that exceeds the City standards in Section 11-4-3 (B) of the City Code. 2. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of June, 2001. Gerald Ristow, Mayor Attested to the _ day of_. Robin Roland, Interim City Administrator Location Map Wilson Property Rezone ~~srn.\\~r--\" <- rii7ffi\~\ II 'f{&Llrm0l ~.~~I~ ~ I~%~ I:: ~ \:: \:: F-L :: ~t:: I- -~~ ITI II TT\1 \n ~ nTI\. ~N \: ..... F ~ 111111111111 lO~ \\ ~~~~I~ F;~%ty ~ ~ Site ~~^~~ "1/ ~lJJ ~I\)) .. rr~V \ i~ I~ @ ~ p W+E S 1\ ~~ ~\\ I ~ --.r, I \\\ '. m~ ~\ YI'i :::,....,\ '-- \ \ ~~~~ -:J=:::r\V'/f.... ~~ Subject Property ~ ~ . L-J """ < J/ r-- ~ ~n~ I I> ~ f~r- " LlllrTT- ---~ /T1111 II - ~ - i-- ~ I .-- l---- ~ - U I-- 1 ~= J I~ l-l d )? I~ L I \LU ~ o z <( ~ w 3: '~ L: -- I I cy --- ,--I: "--- LL I- ~ O ; l:, o-~5 I t I: ~ l.L.:F~ O ; " ~~ F ~ I \ \\,_~ ........ " \:: =- -- - -- -- - " '-- -----~" , -------...".. 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Ii':'", '1'1 fl' lll!.;t { U',."q hi '1'1 'I~ t ~ '~~i: iJ I I It' f , I 111, lllol ~Ili IJ , I lEI I II ,j ."gr". -..!:... " i o N h i en I!! -< >- VI W '" W W '" U W ...J 0 0 'i 0 ~ f u ~;; .~ Uz zw -::! ~g >- "' g'5~ IO a;a 0<.> a: .-< ! ! i / \ I ! i i ! \ '1 i i ! \ >- w w ~ ~ o U i ~ ~ ! ; j ~ jl. ~!H "'_ ';_..1 I . I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminnon.mn.us TO: Lee Smick, Planning Coordinator FROM: Lee M. Mann, Director of Public Works/City Engineer SUBJECT: Wilson Property Preliminary Plat Review DATE: April 20, 2001 Engineering staff has reviewed the preliminary plat for the above referenced project and forwards the following comments: Storm water Issues 1. Confine drainage to rear and side lot easements. An easement must be provided for all drainage routes. (Lots 3 - 6). 2. Changes to the construction plans during the review process may necessitate changes in the plat easements. Please feel free to contact me at 651-463-1601 if you have any questions regarding these preliminary plat comments. Sincerely, 'it- J11~ Lee Mann Director of Public Works/City Engineer cc: File Paul Thomas, Pioneer Engineer Dave Olson, Community Development Director Lee Smick, City Planner DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT Dakota County Extension and Conservation Center 4100 220th Street West, Suite 102 Farmington, MN 55024 Phone: (651) 480-7777 FAX: (651) 480-7775 www.dakotaswcd.org May 16,2001 Mr. Michael Schultz Associate Planner City of Farmington 325 Oak Street Farmington, MN 55024 RE: REVIEW OF THE PRELIMINARY GRADING PLAN FOR THE WILSON PROPERTY, PART OF MIDDLE CREEK ESTATES P.U.D. Ref.: 00-FRM-037 Dear Mike: The Dakota County Soil and Water Conservation District (SWCD) has reviewed the Preliminary Grading Plan for the above-mentioned site. This project entails 9 single-family lots on approximately 4.8 acres. The following report summarizes the proposed erosion controls and submits additional erosion control recommendations. As no erosion controls are shown on the plan, we suggest the following: 1. Preserve as much existing vegetation as possible. Do not grade the western slope. .2. Use erosion blanket on all graded 3:1 and steeper slopes. 3. Show type of energy dissipation devices at all storm sewer outlets. 4. Include temporary and permanent seeding, mulching, and fertilization specifications on the plan. 5. Install silt fence at the edge of grading at all down-slope gradients. 6. Include notes regarding NPDES permit requirements on the plan, including inspection and maintenance timing. 7. Include locations and specification of all erosion controls on the plan. 8. Install silt fence, a double row of sod, or alternative device behind curbs and the down-slope gradient between lots to minimize runoff from lots during building construction. 9. Additional controls may be deemed necessary during construction to protect nearby wetland resources. Thank you for the opportunity to review this plan. Good implementation, consistent monitoring, and maintenance of all erosion control measures are important to minimize erosion on this construction site. Call me at (651) 480-7779 if you have questions. Sincerely, 2.. ESe Urban Conservationist AN EQUAL OPPORTUNITY EMPLOYER / C;f' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, City Administrator W FROM: Tim Gross, Assistant City Engineer SUBJECT: Consider Resolution - Charleswood 5th Development Contract DATE: June 18,2001 INTRODUCTION The Development Contract for Charleswood 5th is forwarded herewith for Council's consideration. DISCUSSION The final plat for Charleswood 5th was approved by the Planning Commission on April 24, 2001 and by the City Council on May 7, 2001. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 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 reserves Lot 1, Block 1 for purchase by the Water Board for a future water supply well. In addition, the Developer a!rees to grant the City an easement for a future water supply well at the northwest comer of 200 Street and Pilot Knob Road. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $21 ,500; and d) the Developer recorq the plat with the County Recorder or Registrar of Titles within 75 days after City' Council approval of the final plat or within 30 days of the execution of this Agreement. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Charleswood 5th Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~, ~l{ / !t{.,~~,,:>-l...-- Tim Gross Assistant City Engineer cc: file Robin Roland, Interim City Administrator Steve Juetten, Newland Communities Scott Richter, Centex Homes RESOLUTION NO. R -01 APPROVING DEVELOPMENT CONTRACT CHARLESWOOD 5TH 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 18th day of June, 2001 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R25-0 1, the City Council approved the Preliminary Plat of Charleswood 5th; and, WHEREAS, pursuant to Resolution No. R45-01, the City Council approved the Final Plat of Charleswood 5th Addition subject to the following conditions. a) The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the 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 reserves Lot 1, Block 1 for purchase by the Water Board for a future water supply well. In addition, the Developer agrees to grant the City an easement for a future water supply well at the northwest comer of 200th Street and Pilot Knob Road. The Water Board has agreed to purchase said well sites from the Developer for a total amount of$21,500; and d) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the fmal plat or within 30 days of the execution of this Agreement. The Mayor and 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 18th day ofJune,2001. Mayor Attested to this _ day of , 2001. SEAL Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 18th day of June, 2001, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Astra Genstar Partnership, L.L.P., a Minnesota Limited Liability Partnership and Centex Homes, a Nevada general partnership (collectively referred to as DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for CHARLESWOOD 5TH ADDITION (also referred to in this Development Contract 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 reserves Lot 1, Block 1 for purchase by the Water Board for a future water supply well. In addition, the Developer agrees to grant the City an easement for a future water supply well at the northwest corner of 200th Street and Pilot Knob Road. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $21,500; and d) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat or within 30 days of the execution of this Agreement. 3. Development Plans and Riebt 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 31 G, 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 - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 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. 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: 1 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 recorded 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 Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. S. Zoninl!/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements and CSAH 31 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 F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved 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. 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. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. The Developer is responsible for the installation of the required turn lanes on CSAH 31. The CSAH 31 turn lanes are required public improvements under this Agreement. 2 CSAH 31 Assessments The parent parcel of Charleswood 5th Addition was previously assessed for improvements to CSAH 31. The current levied assessment amount is: Parcel No. 141650002100 $ 173,373.47(principal only) A portion of the levied assessment becomes due with the final platting of Charleswood 5th Addition. The amount due with Charleswood 5th Addition (including interest calculated to 6/18/01) is $47,549.39. The remaining balance of the levied assessment (principal only), $127,151.69, shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the $47,549.39 in cash at the time of final plat approval or have it prorated and reassessed to the lots and blocks of Charleswood 5th Addition. If assessed, the assessments shall be spread over a 10-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer and any successors or assigns waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public improvements by September 1,2002, 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 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 City Council resolution. 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 fmal 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 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. 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 3 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 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 any 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 $ 873 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. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, 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 Manal!ement Fee. The Developer shall pay an area storm water management charge of$ 145,799 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. The Developer shall pay the Surface Water Management fee in full upon execution of this Agreement. 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$ 27,555 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 $86,890 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is a credit of $59,335. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee ofs 48,768 for the plat in lieu of the property paying a like assessment at a later date. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer shall pay the Water Treatment Plant fee in full upon execution of this Agreement. 4 19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 26,203 for the plat in lieu of the property paying a like assessment at a later date. 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. The Developer shall pay the Sanitary Sewer Trunk Area fee in full upon execution of this Agreement. 20. Park Dedication. The Developer shall pay a park dedication fee of$ 59,740 in satisfaction of the City's park dedication requirements for the plat. The Developer shall furnish the City with an irrevocable letter of credit acceptable to the City Administrator, from a bank (security) for the Park Dedication Fee of $ 59,740.00. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. It is understood that the Developer will dedicate land and construct improvements in a future phase and that the above letter of credit may be reduced or released as part of a subsequent development contract. 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. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of$ 3,168 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. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,154 based upon the number of lots within the subdivision. This fee is due and payable at the time of execution of this agreement. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. 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. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning 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. 26a. Security - Astra Genstar. 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 $ 686,875. The bank and form of the security shall be subject to the approval of the City Administrator. 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 * $ 44,375 $ 208,250 $ 138,250 $ 250,625 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $0 $ 13,750 $ 28,750 $ 2,875 $N/A This breakdown is for historical reference; it is not a restriction on the use of the security. *The Grading/Erosion Control is secured by a separate letter of credit. 5 26b. Security - Centex. 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 $ 333,500. The bank and form of the security shall be subject to the approval of the City Administrator. 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 $ 72,750 $ 77,625 $ 19,625 $ 109,625 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 6,750 $ 14,375 $ 29,375 $ 3,375 $N/A This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibility 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. 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 eight percent (8%) 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. 28. 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. 29. Existinl! 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. 30. 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 6 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. 31. 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, utility installation, curb and gutter, installation of erosion control devices, retaining walls, 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 certificates of occupancy 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. 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 City has determined through the preparation of an Environmental Assessment Worksheet that an Environmental Impact Statement for the project is not required. 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 fmal 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 fmal 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. I. 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 7 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 ofthe 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 26 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 30 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 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. 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 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 32. 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: Steve Juetten - Newland Communities 11000 West 78th Street Eden Prairie, MN. 55344 952.942.7844 Scott Richter - Centex Homes 12400 Whitewater Drive #120 Minnetonka, MN 55343 952.936.7833 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: Robin Roland, Interim City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 651.463.1800 8 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Robin Roland, Interim City Administrator DEVELOPER: Astra Genstar Partnership, L.L.P., by Genstar Land Company Midwest, L.L.C., a Delaware Limited Liability Company, its Managing General Partner. By: Its: Vice President Steve Juetten By: Its: Centex Homes, a Nevada general partnership By: Centex Real Estate Corporation, its managing general partner By: Its: Division President Scott J. Richter Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 9 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by Robin Roland, Interim 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 Steve Juetten, Vice President of Genstar Land Company Midwest, L.L.C., a Delaware Limited Liability Company, managing general partner of Astra Genstar Partnership, L.L.P., a Minnesota limited liability partnership, on behalf of the partnership. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Scott J. Richter, the Division President of Cent ex Real Estate Corporation, a Nevada Corporation, its managing general partner of Centex Homes, a Nevada general partnership, on behalf of the partnership. Notary Public EXHmIT "A" 10 That part of the South 140 acres of the Northwest Quarter of Section 25, Township 114 North, Range 20 West, Dakota County, Minnesota, lying Westerly of Parcel 1 as designated on Dakota County Right of Way Map No. 195, record map and lying Westerly of a line 75.00 feet Westerly of and parallel with the following described line: Commencing at the Southwest comer of said Northwest Quarter; thence on an assumed bearing of North 89 degrees 33 minutes 05 seconds East, along the South line of said Northwest Quarter, 150.01 feet to the point of beginning of the line to be described; thence North 0 degrees 16 minutes 27 seconds East 139.67 feet; thence Northerly 792.52 feet along a tangential curve concave to the East having a radius of 7639.44 feet and a central angle of 5 degrees 56 minutes 38 seconds; thence North 6 degrees 13 minutes 05 seconds East, tangent to said curve, 413.88 feet; thence Northerly 792.52 feet along a tangential curve concave to the West having a radius of 7639.44 feet and a central angle of 5 degrees 56 minutes 38 seconds; thence North 0 degrees 16 minutes 27 seconds East, tangent to the last described curve, 533.48 feet and said line there terminating. TOGETHER WITH: That part of Outlot B, CHARLESWOOD, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northeast comer of Lot 1, Block 5, CHARLESWOOD 4TH ADDITION, according to the recorded plat thereof, said Dakota County; thence South 16 degrees 23 minutes 25 seconds West, assumed bearing, along the easterly line of said Lot 1, a distance of 149.95 feet to the southeast comer of said Lot 1, and the point of beginning; thence South 16 degrees 23 minutes 25 seconds West, along the easterly line of said CHARLESWOOD 4TH ADDITION, a distance of70.82 feet; thence South 64 degrees 52 minutes 49 seconds East, a distance of30.09 feet; thence southeasterly along a tangential curve concave to the southwest, having a central angle of 04 degrees 59 minutes 17 seconds and a radius of 765.00 feet, for an arc distance of 66.60 feet; thence South 59 degrees 53 minutes 32 seconds East, tangent to said curve, a distance of 62.35 feet; thence South 30 degrees 06 minutes 28 seconds West, a distance of 145.03 feet; thence South 21 degrees 39 minutes 52 seconds East, a distance of 435.30 feet to the northwesterly line of Outlot C, CHARLESWOOD 3RD ADDITION, according to the recorded plat thereof, said Dakota County, Minnesota; thence North 27 degrees 22 minutes 47 seconds East, along said northwesterly line, a distance of 198.00 feet to a northeasterly line of said Outlot C; thence South 72 degrees 37 minutes 42 seconds East, along said northeasterly line, a distance of 31 0.00 feet to a northeasterly line of said Outlot C; thence South 32 degrees 14 minutes 40 seconds East, along said northeasterly line of Outlot C, a distance of 346.00 feet to a northeasterly line of Outlot C; thence South 23 degrees 50 minutes 35 seconds East, along said northeasterly line of Outlot C, a distance of 465.00 feet to the easterly line of said Outlot B, CHARLESWOOD; thence North 00 degrees 16 minutes 27 seconds East, along said easterly line of Outlot B, a distance of 1,436.49 feet; thence North 89 degrees 43 minutes 33 seconds West, a distance of78.73 feet; thence South 56 degrees 37 minutes 00 seconds West, a distance of 189.47 feet; thence South 04 degrees 13 minutes 14 seconds West, a distance of289.58 feet; thence North 59 degrees 53 minutes 32 seconds West, a distance of 624.39 feet; thence South 69 degrees 55 minutes 41 seconds West, a distance of 83.41 feet; thence South 27 degrees 36 minutes 13 seconds West, a distance of 61.20 feet, thence northwesterly along a non-tangential curve concave to southwest having a central angle of 02 degrees 29 minutes 02 seconds, and a radius of 835.00 feet for an arc distance of 36.20 feet, the chord of said curve bears North 63 degrees 38 minutes 18 seconds West; thence North 64 degrees 52 minutes 49 seconds West, tangent to said curve, a distance of 40.84 feet to said southeast comer of Lot 1, Block 5 and the point of beginning. 11 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463.2591 www.d.farmington.mn.us I~ TO: FROM: SUBJECT: Consider Resolution - Vermillion Grove Development Contract DATE: June 18,2001 INTRODUCTION The Development Contract for Vermillion Grove is forwarded herewith for Council's consideration. DISCUSSION The final plat for Vermillion Grove was approved by the Planning Commission on January 23, 2001 and by the City Council on February 5, 2001. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 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 reserves Outlots A and G for purchase by the Water Board for future water supply wells. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $75,000; and d) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat or 30 days after the execution of this agreement. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Vermillion Grove Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfu. lly/submilled, 1~:~dJL'Y~~ Tim Gross Assistant City Engineer cc: file Michael Noonan, Rottlund Homes Robin Roland, Interim City Administrator RESOLUTION NO. R -01 APPROVING DEVELOPMENT CONTRACT VERMILLION GROVE 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 18th day of June, 200 I at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R55-00, the City Council approved the Preliminary Plat ofVemillion Grove; and, WHEREAS, pursuant to Resolution No. RI6-01, the City Council approved the Final Plat of Vermillion Grove subject to the following conditions. a) The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the 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 reserves Outlots A and G for purchase by the Water Board for future water supply wells. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $75,000; and d) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat or 30 days after the execution of this agreement. The Mayor and 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 18th day of June, 2001. Mayor Attested to this _ day of , 2001. SEAL Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 18th day of June, 2001, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and The Rottlund Company, Inc., a Minnesota corporation (DEVELOPER) and Tradition Ventures L.L.C., a Minnesota limited liability corporation (collectively referred to as DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for VERMILLION GROVE (also referred to in this Development Contract 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 reserves Outlots A and G for purchase by the Water Board for future water supply wells. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $75,000; and d) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat or 30 days after the execution of this agreement. 3. Development Plans and Ril!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 31 G, 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 - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 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. 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 recorded with the Dakota County Recorder's Office, and 1 d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, 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. Zonin2lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements and CSAH 31 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 F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved 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. 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. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. The Developer is responsible for the installation of the required turn lanes on CSAH 31 and 195th Street. These turn lanes are required public improvements under this Agreement. 2 CSAH 31 Assessments The parent parcels of VERMILLION GROVE have been assessed for improvements to CSAH 31. The total levied assessment amount for the parcels is: Parcel Nos. 140240001360 140250001131 Total amount levied: $286,146.52 (principal only) A portion of the levied assessment plus interest becomes due with the final platting of Vermillion Grove. The amount due with Vermillion Grove is $210,369.10 of principal and $22,813.14 of interest calculated to 6/18/01, totaling $233,182.24. The remaining balance of the levied assessment (principal only), $75,777.42, shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to the lots and blocks of Vermillion Grove. If assessed, the assessments shall be spread over a lO-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public improvements by September 1,2002 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. Warrantv. 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 City Council resolution. 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 fmal acceptance of streets and utilities. 10. Gradinl! 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 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. 3 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 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 any 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 $ 2,829 based upon the number of acres in the plat. 12. Landscapine:. 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. 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. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, 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 Manae:ement Fee. The Developer shall pay an area storm water management charge of$ 160,288for the Single Family Area and $ 188,273 for the Multi-family Area in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) 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. 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. Credits in the amounts of $ 46,236, $ 7,085, $ 59,912 and $ 29,199 will be given to the Developer for Storm Sewer Oversizing, Pond Oversizing, Street Improvements and Park Dedication, respectively, within the plat. The net result is a Surface Water Management Fee of$ 206,129. 4 16. Wetland Conservation and Mitie: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 Chare:e. The Developer shall pay a water main trunk area charge of $ 90,373 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$ 92,715 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is a credit of $2,342 which will be credited to the Water Treatment Plant Fee.. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 84,328 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. Credits of $ 75,000 and $ 2,342 will be given to the Developer for Well Sites and Water Main Trunk oversizing within the plat, respectively. The net result is a Water Treatment Plantfee of$ 6,986. 19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge ofs 84,833 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) 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. A credit of $9, 764 will be given to the Developer for Sanitary Sewer Trunk oversizing within the plat. The net result is a sanitary sewer trunk area charge of$75,119. In addition, the City will participate in the cost of the lift station for the project as a user of the lift station. In addition, the City will participate in 34.6% of the lift station costs based on the flows to the lift station. 20. Park Dedication. The Developer shall pay a park dedication fee of$ 193,523 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 eight percent (8%) 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. Credits of $ 206,622 and $ 16,100 will be given to the Developer for land dedication and trail installation within the plat. The net result is a Park Dedication credit of $ 29,199, which will be credited to the Suiface Water Management Fee. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 10,197 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. A credit of $ 1,003 will be given to the Developer for Sealcoating of streets adjacent to the North Municipal Campus. The net result is a Sealcoatingfee of$ 9,194. 5 22. Street Credit. A credit will be given to the developer for the construction of improvements within the development affected by the City Maintenance Facility that are summarized as follows: English Avenue 197th Street Retaining Wall $20,318 $36,594 $3.000 $59,912 Thesefees have been credited to the Surface Water Management Fee. 23. GIS Fees. The Developer is responsible for a Government Information System fee of $ 3,737 based upon the number of lots within the subdivision. 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 Uo. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning 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 $ 3,486,161. The bank and form of the security shall be subject to the approval of the City Administrator. 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: GradinglErosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $* $ 548,375 $ 592,750 $ 704,750 $ 1,345,125 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 19,000 $ 75,375 $ 62,500 $ 21,125 $ 31,250 Two Years Principal and Interest on Assessments $ 85,911 This breakdown is for historical reference; it is not a restriction on the use of the security. *The GradinglErosion Control is secured by a separate letter of credit. 28. Resoonsibilitv 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 6 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. 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 eight percent (8%) 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. Existinl! 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. 31. DeveloDer'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. 32. 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, utility installation, curb and gutter, installation of erosion control devices, retaining walls, 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. 7 Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy 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. 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. I. 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 26 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 30 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. 8 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 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. 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 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 33. 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: J. Michael Noonan Rottlund Homes 3065 Centre Point Drive North Roseville, MN. 55113 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: Robin Roland, Interim City Administrator City ofFannington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Robin Roland, Interim City Administrator DEVELOPER: The Rottland Company, Inc. By: Its: Executive Vice President Todd M. Stutz Tradition Ventures L.L.C. By: Its: Chief Manager Robert H. Enebak 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 Gerald Ristow, Mayor, and by Robin Roland, Interim 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 corporation under the laws of Minnesota, on behalf of the corporation. of The Rottlund Company, Inc., a Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the limited liability corporation under the laws of Minnesota, on behalf of the corporation. of Tradition Ventures L.L.C., a Notary Public 11 EXHffiIT "A" All that part of the Southwest Quarter of Section 24, Township 114, Range 20 and the Northwest Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota, described as follows: Beginning at the southeast comer of the north 1303.89 feet of the west 792.00 feet of said Southwest Quarter; thence on an assumed bearing of North 00 degrees 07 minutes 52 seconds East, along the east line of said west 792.00 feet, a distance of 1243.89 feet, to the south line of the north 50.00 feet of said Southwest Quarter; thence South 89 degrees 58 minutes 53 seconds East, along said south line, a distance of784.72 feet to the southwesterly right of way line of Akin Road; thence southeasterly, along said southwesterly right of way line, a distance of 448.51 feet, along a non-tangential curve, concave to the northeast, having a central angle of21 degrees 28 minutes 53 seconds, a radius of 1196.28 feet, and a chord bearing of South 25 degrees 29 minutes 17 seconds East; thence South 13 degrees 58 minutes 44 seconds West, a distance of 267.69 feet; thence North 52 degrees 33 minutes 46 seconds West, a distance of 404.49 feet; thence North 87 degrees 15 minutes 24 seconds West, a distance of 553.03 feet; thence South 11 degrees 07 minutes 48 seconds East, a distance of 158.64 feet; thence southerly, a distance of 122.51 feet, along a tangential curve, concave to the west, having a central angle of 18 degrees 13 minutes 57 seconds and a radius of385.00 feet; thence South 07 degrees 06 minutes 09 seconds West, tangent to said curve, a distance of 315.07 feet; thence southerly, a distance of257.41 feet, along a tangential curve, concave to the east, having a central angle of 10 degrees 41 minutes 31 seconds and a radius of 1379.40 feet; thence South 03 degrees 35 minutes 22 seconds East, tangent to said curve, a distance of 102.66 feet; thence southeasterly, a distance of 104.87 feet, along a tangential curve, concave to the east, having a central angle of 06 degrees 13 minutes 35 seconds and a radius of965.00 feet; thence South 09 degrees 48 minutes 58 seconds East, tangent to said curve a distance of 127.28 feet; thence southeasterly, a distance of 126.04 feet, along a tangential curve, concave to the northeast, having a central angle of 05 degrees 29 minutes 30 seconds and a radius of 1315.00 feet; thence southeasterly, a distance of 144.36 feet, along a compound curve, concave to the northeast, having a central angle of 02 degrees 28 minutes 48 seconds and a radius of3335.04 feet; thence North 69 degrees 49 minutes 24 seconds East, not tangent to said curve a distance of 371.15 feet; thence South 20 degrees 10 minutes 36 seconds East, a distance of 139.00 feet; thence North 69 degrees 49 minutes 24 seconds East, a distance of 54.71 feet; thence Northeasterly, a distance of 49.95 feet, along a tangential curve, concave to the northwest, having a central angle of 02 degrees 10 minutes 53 seconds and a radius of 1312.03 feet; thence South 22 degrees 21 minutes 29 seconds East, not tangent to said curve, a distance of 146.06 feet; thence South 45 degrees 58 minutes 51 seconds East, a distance 002.72 feet; thence North 86 degrees 15 minutes 22 seconds East, a distance of50.03 feet; thence North 74 degrees 04 minutes 11 seconds East, a distance of218.70 feet; thence North 36 degrees 53 minutes 51 seconds East, a distance 001.18 feet; thence South 87 degrees 15 minutes 34 seconds East, a distance of66.00 feet; thence South 07 degrees 09 minutes 27 seconds East, a distance of229.08 feet; thence South 83 degrees 04 minutes 53 seconds West, a distance of21.81 feet; thence southwesterly, a distance of20.23 feet, along a non-tangential curve, concave to the west, having a central angle of 18 degrees 06 minutes 51 seconds, a radius of 64.00 feet, and a chord bearing of South 00 degrees 04 minutes 04 seconds West; thence North 83 degrees 04 minutes 53 seconds East, not tangent to said curve a distance of9.68 feet; thence South 06 degrees 55 minutes 07 seconds East, a distance of 171.31 feet; thence South 83 degrees 04 minutes 53 seconds West, a distance of162.89 feet; thence North 66 degrees 26 minutes 03 seconds West, a distance of83.55 feet; thence South 83 degrees 04 minutes 53 seconds West, a distance of72.00 feet; thence North 86 degrees 41 minutes 46 seconds West, a distance of93.22 feet; thence North 76 degrees 54 minutes 54 seconds West, a distance of 102.64 feet; thence North 59 degrees 29 minutes 45 seconds West, a distance of 102.64 feet; thence North 42 degrees 04 minutes 37 seconds West, a distance of 102.64 feet; thence South 75 degrees 08 minutes 42 seconds West, a distance of 106.86 feet; thence North 87 degrees 57 minutes 47 seconds West, a distance of 119.65 feet; thence southerly, a distance of 56.43 feet, along a non- tangential curve, concave to the west, having a central angle of 02 degrees 38 minutes 31 seconds, a radius of 1223.96 feet and a chord bearing of South 04 degrees 01 minutes 54 seconds East; thence South 02 degrees 42 minutes 39 seconds East, tangent to said curve, a distance of207.85 feet; thence North 87 degrees 17 minutes 21 seconds East, a distance of 122.71 feet; thence South 05 degrees 39 minutes 40 seconds West, a distance 002.25 feet; thence South 31 degrees 11 minutes 40 seconds East, a distance of 549.14 feet, to the south line of the north 329.20 feet of said Northwest Quarter of Section 25; thence North 88 degrees 40 minutes 49 seconds West, along said south line, a distance of 1074.01 feet; thence North 00 degrees 05 minutes 41 seconds East, a distance of 427.40 feet; thence northerly, a distance of359.43 feet, along a tangential curve, concave to the west, having a central angle of 10 degrees 22 minutes 32 seconds and a radius of 1984.86 feet; thence North 10 degrees 16 minutes 51 seconds West, tangent to said curve, a distance of869.51 feet, to the south line of said north 1303.89 feet; thence South 89 degrees 58 minutes 53 seconds East, along said south line, a distance of 631.88 feet, to the point of beginning. 12