HomeMy WebLinkAbout05.07.01 Council Packet
COUNCIL MEETING
REGULAR
May 7,2001
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
a) Proclaim National Emergency Medical Services Week, May 20-26, 2001
b) Proclaim Heritage Preservation Week, May 13-19,2001
6. CITIZEN COMMENTS (Open for Audience Comments)
a) Mr. Ryan Bernhagen, Skatepark Request
b) Mr. David Pritzlaff, Akin Road Concerns
7. CONSENT AGENDA
a) Approve Council Minutes (4/16/01) (Regular)
b) Approve Traffic Control Plan - East Farmington - Engineering
c) Accept Donation - Senior Center - Parks and Recreation
d) Capital Outlay - Parks and Recreation
e) Capital Outlay - Police
f) Capital Outlay - Police
g) Capital Outlay - Public Works
h) Capital Outlay - Solid Waste
i) Consider Resolution - Accepting Donations Senior Center - Parks and
Recreation
j) Consider Resolution - River Erosion Control Grant. Parks and Recreation
k) School and Conference - Community Development
1) School and Conference - Liquor Operations
m) Set Public Hearing - Farmington Heritage Landmark Designation-
Administration
n) Approve Bills
8. PUBLIC HEARINGS
a) Approve Therapeutic Massage License - Administration
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Consider Resolution - Charleswood 5th Addition Final Plat. Community
Development
b) Consider Resolution - Autumn Glen 3rd Addition Final Plat - Community
Development
Action Taken
Proclaimed
Proclaimed
Information Received
Information Received
Approved
Approved
Accepted
Information Received
Information Received
Information Received
Information Received
ITlformation Received
R43-01
R44-01
Information Received
Information Received
May 21, 2001
Apl'roved
Approved
R45-01
R46-01
c) Consider Resolution - Charleswood 4th Addition Development Contract-
Engineering
d) Consider Resolution - Middle Creek 2nd Addition Development Contract -
Engineering
e) Approve Traffic Control - Various Intersections - Engineering
11. UNFINISHED BUSINESS
a) Ratify Actions Authorizing Sale of Bonds - Finance (Supplemental)
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
5a...,
TO: Mayor and Councilmembers
FROM: Robin Roland, Interim City Administrator
SUBJECT: Proclaiming Emergency Medical Services Week, May 20 - 26, 2001
DATE: May 7, 2001
INTRODUCTION
Emergency Medical Services week is May 20 - 26, 2001.
DISCUSSION
Emergency medical services are a vital public service and members of these medical teams
engage in thousands of hours of specialized training and continuing education to enhance their
lifesaving skills. Therefore, it is appropriate to recognize the value and accomplishments of
emergency medical service providers.
ACTION REQUESTED
Adopt the attached Proclamation designating the week of May 20 - 26, 2001 as Emergency
Medical Services week.
obin Roland
Interim City Administrator
PROCLAMATION
Emergency Medical Services Week
May 20 - 26, 2001
WHEREAS, emergency medical services are a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide lifesaving
care to those in need, 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery
rate of those who experience sudden illness or injury; and
WHEREAS, emergency medical services providers have traditionally served as the safety net of
America's health care system; and
WHEREAS, emergency medical services teams consist of emergency physicians, emergency
nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and
others; and
WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained
individuals; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency
medical service providers by designating emergency Medical Services Week; and
WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce
national healthcare costs.
NOW, THEREFORE, I, GERALD RISTOW, MAYOR in recognition of this event do hereby
proclaim the week of May 20 - 26, 2001 as Emergency Medical Services Week and encourage
the community to observe this week with appropriate programs, ceremonies, and activities.
Mayor
JAMBULANCE
14200 Cedar Avenue
Apple Valley, Minnesota 55124
Office: (612) 953-2660 Fax: (612) 953-2604
MEMORANDUM
TO: Tom Lawell, Apple Valley City Administrator
Robert Erickson, Lakeville City Administrator
Robin Roland, Farmington Acting City Administrator ~
FROM: Kevin J. Raun, Ambulance Director
DATE: April 27, 2001
SUBJECT: Proclamation for EMS Week
At the Board meeting of April 24th, the Executive Board passed the attached
proclamation designating May 20-26,2001, as National EMS Week.
As in previous years the Board would respectfully request that a similar proclamation be
prepared and presented for your respective city council's action.
Thank you for your time and consideration of this matter.
Sincerely,
ALF Ambulance
~~
Kevin 1. Raun
Ambulance Director
cc: Joint Powers Board
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I Whereas, Americans benefit daily from the knowledge and skills of these highly trained I
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I Whereas, it is appropriate to recognize the value and the accomplishments of emergency I
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I Whereas, injury prevention and the appropriate use of the EMS system will help reduce ~
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~ Now, therefore, I Lynette Mulvihill, ALF Ambulance Joint Powers Executive Board i
I Chmr, m recogmtio:::~::~ :::;~~I:R:;:k ::~ 20 - 26, 2001 as I
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I and encourage the community to observe this week with appropriate programs, ~
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TO DE SIGNA TE THE WEEK OF MAY 20 - 26,2001 AS
EMERGENCY MEDICAL SERVICES WEEK
Whereas, emergency medical services are a vital public; and
Whereas, the members of emergency medical services teams are ready to provide
lifesaving care to those in need, 24 hours a day, seven days a week; and
Whereas,. access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness or injury; and
Whereas, emergency medical services providers have traditionally served as the safety
net of America's health care system; and
Whereas, emergency medical services teams consist of emergency physicians, emergency
nurses, emergency medical technicians, paramedics, firefighters, educators,
administrators and others; and
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
5.6
TO: Mayor, Councilmembers, Interim City Administrator r
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Proclaim May 13-19,2001 Historic Preservation Week
DATE: May 7, 2001
INTRODUCTION
Historic Preservation Week is May 13-19,2001.
DISCUSSION
Historic Preservation is an effective tool for managing growth, revitalizing
neighborhoods, fostering local pride and maintaining community character while
enhancing livability. It also provides an excellent opportunity for people to learn more
about ways to preserve our heritage for future generations. National Preservation week
2001 is being cosponsored by the Farmington Heritage Preservation Commission.
ACTION REOUESTED
Adopt the attached Proclamation designating the week of May 13-19,2001, as Historic
Preservation Week.
Respectfully submitted,
~Ov~~
Karen Finstuen
Administrative Services Manager
HISTORIC PRESERVATION WEEK
May 13-19, 2001
WHEREAS, Farmington is one of the oldest and most historic communities in the State of
Minnesota; and,
WHEREAS, the greatness of America is founded upon an appreciation of our shared heritage
and upon knowledge of the historic events and places that have shaped our national identity and
character; and,
WHEREAS, Historic Preservation Week provides an excellent opportunity for people of all
ages and from all walks of life to learn more about ways to preserve our heritage for future
generations.
NOW, THEREFORE, I, Gerald Ristow, Mayor of the City of Farmington, do proclaim the
week of May 13-19,2001, to be Historic Preservation Week.
Mayor
~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
FROM:
Mayor, CovocUm.mbe... City Administrator ~
James Bell, Parks and Recreation Director
TO:
SUBJECT:
Citizen Comments - Ryan Bernhagen
DATE:
May 7, 2001
INTRODUCTION
Ryan Bernhagen expressed concerns over the lack of skateboard facilities in Farmington.
DISCUSSION
The Parks and Recreation Commission has previously reviewed Mr. Bernhagen's e-mail request for a
skatepark. The Commission is interested in a skatepark. However, due to financial considerations, the
construction of a skatepark has to be delayed until a favorable referendum for an athletic complex or facility
can be held. Staff supplied Mr. Bernhagen with information regarding private fundraising for skateparks.
The Parks and Recreation Commission has indicated a willingness to place a skatepark in the planning
stages for any future community athletic complex or facility.
Mayor Ristow has received a similar request for a skatepark from Josh Ritter. Staffhas responded to Mr.
Ritter with the information above.
ACTION REOUESTED
For information only.
Respectfully submitted,
~ ~J2S)
James Bell
Parks and Recreation Director
Cc: Ryan Bernhagen, 17165 Fairhaven Ave.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~~
TO: Mayor, Councihnembers, City Administrator r
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Citizen Comments - Mr. David Pritzlaff, Akin Road Concerns
DATE: May 7, 2001
INTRODUCTION
At the April 16, 2001 City Council meeting Mr. David Pritzlaff forwarded questions and concerns
regarding the Pine Knoll project, the Akin Road project and street construction financing alternatives.
DISCUSSION
In regards to the Pine Knoll project, Mr. Pritzlaff indicated that the City had committed to replacing
driveway culverts with new culverts along Akin Road as part of the Pine Knoll project. He stated
that he believed the residents were assessed for those costs, yet no new culverts were installed. At
the time of the project, City staff inquired as to whether the County would participate in the cost of
new culverts since the culverts were located on what was then County right-of-way. The County
declined, therefore, the City's project provided for the removal and replacement of the existing
culverts. Residents were not assessed for new culverts that did not get installed.
Mr. Pritzlaff also requested that a safe way be provided to allow pedestrians to cross Akin Road from
the west side to the proposed trail on the east side of the road. Crosswalks can be striped at
intersections where there are trail or sidewalk connections on both sides of the roadway. Staff will
review the intersections along Akin Road and forward recommendations regarding the striping of
crosswalks when the plans for the project are brought to Council for approval. It is important to note
that crosswalks delineate an area for pedestrian crossing of an intersection, but do not necessarily
guarantee pedestrian safety.
Mr. Pritzlaff suggested that the City charge developers a fee for roadways so that residents do not
have to participate in the costs for upgrades to roadways that the residents feel are necessary due to
the City's growth. Some cities in the Metropolitan area have attempted to put such a roadway fee
into place, however, the State has determined that those types of fees are "impact" fees and as such
are illegal since impact fees are not statutorily authorized. City staff and the City Council annually
review developer fees charged by the City for appropriateness and necessity.
Mr. Pritzlaff also said that if residents are to be assessed for Akin Road, they should have a say in the
design. If the residents are assessed, he wants the speed limit reduced. As a matter of process for this
project, the City has held several neighborhood meetings to receive resident input on the design of the
project. The proposed project design incorporates many elements identified by the resident input
from those meetings. In regards to the speed limit, the City does not have the authority to set the
speed limit on Akin Road. The Minnesota Department of Transportation has the statutory authority
to set the speed limit on all Minnesota Roadways. Therefore, the City has requested that MnDOT
review the speed limit on Akin Road. A neighborhood meeting has been scheduled for May 17,
2001, at 7:00 p.m. in the Council Chambers to allow residents to voice their concerns regarding the
speed limit on Akin Road. Representatives from MnDOT, who are involved with the review of speed
limits will be in attendance to address resident questions and concerns.
BUDGET IMPACT
None.
ACTION REQUESTED
For information only.
Respectfully Submitted,
~YJ1~
Lee M. Mann, P.E.,
Director of Public Works/City Engineer
cc: file
David Pritzlaff, 20255 Akin Road
~
COUNCIL MINUTES
REGULAR
April 16, 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. APPROYEAGENDA
MOTION by Cordes, second by Strachan to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Proclaim Volunteer Recognition Week - April 22-28, 2001
The Farmington Chamber of Commerce requested support in proclaiming the
week of April 22-28, 2001 as Volunteer Recognition Week in Farmington.
MOTION by Verch, second by Cordes proclaiming April 22-28, 2001 as
Volunteer Recognition Week. APIF, MOTION CARRIED.
6. CITIZEN COMMENTS
b) Mr. Dave Pritzlaff - CSAH 31 Signage, Design
Mr. Dave Pritzlaff, 20255 Akin Road, thanked staff for forwarding a letter to the
County requesting signage along CSAH 31. He stated staff understood he wanted
to have the culverts redone on the Akin Road project. He said he did not state
this. This was to be done during the sewer project, including flared ends and
grates on culverts. His point was that it was not done during the sewer project.
He does not want it done now, he wanted it done then. The residents paid for
something they did not get. When he bought his house the realtor said Pilot Knob
would be realigned and traffic may be reduced on Akin Road. Staff sent Mr.
Pritzlaff information which staff received from the County stating Pilot Knob
does not have to be 4 lanes. Regarding warrants for stop signs, he wants a stop
sign for crossing to the bike trail along the east side of Akin Road. He would like
to have developers and builders put money into an account with the City for road
improvements. If residents are assessed, they should have a say on
improvements. The residents demand safety, less traffic and slower speeds.
Without these, residents should not have to pay the assessed amount.
Council Minutes (Regular)
April 16, 2001
Page 2
Mr. Ryan Bernhagen, a student at Farmington Middle School West, requested a skatepark
be added to the City's park system. He stated he has a petition containing 400 signatures.
It is time to recognize the need for a growing sport. It is the Council's job to carry out the
wishes of the community. This is their request.
a) Mr. Craig Stibbe - Akin Road Trail Concern, CSAH 31 Design
Mr. Craig Stibbe, 20060 Akin Road, thanked Council and staff for providing him
information on Akin Road. During the design stage, he would like to see left turn
lanes, rather than bypass lanes.
c) Ms. JoAnne Payne - Akin Road Speed Survey, 19Sth Street
Staff sent a response.
7. CONSENT AGENDA
Councilmember Verch requested item 7a) Council Minutes (4/2/01) (Regular) be pulled
so he could abstain from voting as he was absent from that meeting. MOTION by
Strachan, second by Soderberg approving Council Minutes (4/2/01) (Regular). Voting
for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED.
MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows:
b) Approved Settlement Agreement UtiliCorp - City Center - Community
Development
c) Authorized Grant Application - Fire Department
d) Received Information 2001 First Quarter Building Permit Report - Community
Development
e) Received Information Capital Outlay - Police Department
t) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a)
Consider Resolution - 19Sth Street Extension - Engineering
The 195th Street project would extend 195th Street from Akin Road to a point
approximately 2500 feet east. The Autumn Glen development and future
development to the south of Autumn Glen will be served by the project. The
extension will become County Road 64 in the future when it is extended farther to
the east to Trunk Highway 3. The road and storm sewer design allows for the
future transition to a County road. There are three benefiting property owners that
will be participating in the cost of the improvements, the City, the developer of
Autumn Glen and Tax Free Exchanges, Inc. (former Reisinger property). Other
properties abutting the proposed roadway have been previously assessed for
CSAH 31. The cost to Tax Free Exchanges would be deferred until such time that
the property develops. The developer of Autumn Glen has waived their rights to
object to assessments through the development contract process. MOTION by
Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION
CARRIED. Mayor Ristow received a statement from the school district stating
they are in support of the project. MOTION by Soderberg, second by Strachan
adopting RESOLUTION R36-01 ordering the project, approving the plans and
Council Minutes (Regular)
April 16, 2001
Page 3
specifications and authorizing the advertisement for bids. APIF, MOTION
CARRIED.
b) Consider Easement Vacation - Vermillion Grove - Community Development
As part of the platting process for the approved Vermillion Grove subdivision, the
City needs to vacate an access easement from 195th Street that provides access for
the existing driveway to the City's property. The easement in question was
acquired as part of the purchase of the City's facilities site to allow access from
195th Street. The easement is no longer needed since Vermillion Grove and the
City's property will replat the roadway. MOTION by Verch, second by Cordes
to close the Public Hearing. APIF, MOTION CARRIED. MOTION by
Cordes, second by Verch adopting RESOLUTION 37-01 vacating the described
portion of the access easement in the Vermillion Grove development. APIF,
MOTION CARRIED.
c) Appeal of Home Occupation Permit - Community Development
The applicant, Mr. Tim Thirion, 18005 Empire Trail, has filed an appeal of the
Planning Commission's decision to deny the application for a Conditional
Use/Home Occupation permit involving gunsmithing and sale and distribution of
firearms. Public testimony was taken from citizens at the Planning Commission
public hearing whose concerns centered around increased traffic into the
neighborhood, public safety with the presence of firearms within the
neighborhood, and decreased home values from the presence of such a home
based business. The Planning Commission voted to deny the Conditional
Use/Home Occupation based on the following Findings of Fact:
1. The Planning Commission cited the fact that the proposed home
occupation was contrary to what is allowed under Title 10, Chapter 6,
Section 11: Home Occupations dealing with the "distribution of goods"
and dealing with the "general retail public" involving the sale and
distribution of firearms.
2. The use of chemicals in the process of bluing and other gunsmithing
techniques could be hazardous to the health, safety and welfare of the
public.
3. The concerns voiced by the neighborhood regarding the detriment to the
immediate health, safety, and welfare of the surrounding residents would
be jeopardized by increased traffic into the neighborhood. On March 27,
2001 the applicant submitted a letter revising his request of the home
occupation, limiting the use to only gunsmithing and not involving the sale
and distribution of firearms. The operation of gunsmithing will involve
scope mounting, bluing, rebarreling, bore sighting, recharnbering, fitting
guns, attaching swivels and swings and also cleaning of firearms. Most of
the work will be completed on a workbench in the basement of the home;
some use of chemicals will be involved.
Council Minutes (Regular)
April 16, 200.1
Page 4
Council had the following options:
1. Affirm the decision of the Planning Commission to deny the Conditional
Use/Home Occupation Permit and indicate whether it agrees with the
findings of the Planning Commission or wishes to modify these findings.
2. Overturn the Planning Commission's decision to deny the Conditional
Use/Home Occupation Permit and indicate findings of fact to support this
decision.
3. Since the nature of Home Occupation Request is amended, Council could
refer the request back to the Planning Commission.
Councilmember Strachan stated it is his understanding people who sell firearms
must have a Federal Firearms License and there are different levels of these.
Does this license impact this situation and does it allow this to happen no matter
what the City does? City Attorney Jamnik stated it does not grant the land use
authority. A license is not required for repair and gunsmithing activities, only for
the sale of firearms. Councilmember Soderberg asked if there was any type of
disclosure required for this activity? City Attorney Jamnik stated there is no City
mandated disclosure requirements. There has been an evolution of common law
for realtors to disclose information to their clients. Councilmember Soderberg
asked if this type of activity has any documented decrease in land values. City
Attorney Jamnik stated he knows of no study of specific home occupations having
a significant impact on property values.
Mayor Ristow stated as the applicant has amended the application, he
recommended sending it back to the Planning Commission. Councilmember
Cordes agreed. Councilmember Strachan thought a statement was made at the
Planning Commission by a realtor stating this information has to be disclosed.
Residents stated it will lower their property values. Mr. Thirion referenced signs
in his new application. Councilmember Strachan stated ifhe were a resident in
that neighborhood, he would also have concerns. Mr. Thirion states he does not
intend to have signs. It can be stated in the Conditional Use permit that signs not
be posted. Councilmember Strachan would like more information on chemicals
used and how volatile are they. Councilmember Soderberg stated he is also in
favor of sending the request back to the Planning Commission. He then asked if
there is an additional fee to send this back to the Planning Commission or a
refund? Staff stated the fee paid for the appeal will be credited toward the re-
application.
Mr. Tim Thirion stated he amended the application to gunsmithing only and
omitted the sale of firearms. He agreed with sending the application back to the
Planning Commission.
Ms. Angela Kline, 18050 Empire Trail, stated if Council is sending it back to the
Planning Commission it does not do any good to comment, is that correct?
Mayor Ristow stated if it goes back to the Planning Commission, yes. She then
stated in the Pledge of Allegiance we stated justice and liberty for all. If that is
Council Minutes (Regular)
April 16, 2001
Page 5
true, then how can one person in the neighborhood have more weight than the
whole neighborhood?
Ms. Anita Burress, 18110 Empire Trail, asked why it was not sent to the Planning
Commission when amended? The residents wasted their time coming.
Councilmember Strachan stated Council wanted to protect the rights of the
residents as well as the applicant. Councilmember Soderberg stated if Council
was to act on this tonight, he would vote to overturn the Planning Commission.
He would like to give the Planning Commission the opportunity to hear the
testimony again. He then asked if this process includes inspection of the home by
the Police Department. Police Chief Siebenaler replied he was consulted and his
concerns dealt with security in the home itself and the storage of weapons. The
applicant has a gun vault which exceeds what most homeowners owning weapons
have. Staff stated a home security system has been installed. The Police Chief
stated there is no restriction as to the number of firearms that can be stored in a
home. Councilmember Cordes stated she would like to know the type of
chemicals used and the method of disposing of them. Councilmember Soderberg
stated he would like to give the Planning Commission the opportunity to review
the amended application. He did not want to question the integrity of the
Planning Commission.
Ms. Cindy Hoyt, 18150 Empire Trail, stated the houses there are not very secure.
There are a number of teenagers in the area and a lot of increased traffic at night.
She is concerned if the information gets out about firearms being there, it would
become unsafe. She would like to know ifthere will be reloading or just
cleaning? They are concerned for their children and their property values.
MOTION by Strachan, second by Soderberg to close the Public Hearing. APIF,
MOTION CARRIED. MOTION by Soderberg, second by Cordes to send the
amended application back to the Planning Commission. APIF, MOTION
CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) MnDOT Speed Study Request - Akin Road - Engineering
With the turnback of Akin Road from the County to the City being finalized, the
City now has the ability to request a speed study on Akin Road. MnDOT has
indicated that a representative would be willing to attend a neighborhood meeting
with interested residents to discuss MnDOT's procedures and answer resident's
questions. Councilmember Strachan asked if there was a chance the speed limit
could go up? Staff does not feel that is likely.
Mr. Shelly Johnson, Traffic Engineer, stated the speed limit could be raised.
They look at land uses, driveways, schools and make recommendations regarding
Council Minutes (Regular)
April 16, 2001
Page 6
signage. MnDOT will not pay attention to initial speed requests. They will
conduct a speed study, and send it back to the City Engineer for review. Then
there will be a recommendation and approval by the State. They will do 5 mph
increments in speed difference along a road. Police Chief Siebenaler stated there
has been an increase in speed enforcement along Akin Road.
Mr. Dave Pritzlaff, 20255 Akin Road, asked ifMnDOT does recommend a speed
limit 5 mph high, does the City have to follow it? Mr. Johnson replied he has
seen it done both ways. Normally if approved by the State, it should be posted for
that speed. Mr. Pritzlaff asked if deaths, accidents, or tickets are considered? Mr.
Johnson replied no, not unless brought to their attention by the City. Mayor
Ristow stated there will be a neighborhood meeting before the request goes to
MnDOT. Staffwill be in contact with MnDOT to arrange the neighborhood
meeting.
MOTION by Cordes, second by Verch adopting RESOLUTION R38-01
requesting that MnDOT conduct an engineering and traffic investigation for the
purpose of determining appropriate speed zones for Akin Road. APIF,
MOTION CARRIED.
b) Consider Ordinance - Annexation of Lawrence Rother Property -
Community Development
The City Council held a public hearing on April 2, 2001 to consider a petition to
annex 60 acres of property owned by Lawrence Rother located east of the Prairie
Waterway and south of what would be the extension of213th Street. This
property is being petitioned for annexation under Statute 414.033 Subd. 2 (3) that
allows up to 60 acres to be annexed by ordinance when petitioned by the property
owner. Statutes require the Township to receive a declining portion of the
Township's portion of the property taxes generated over a five year period. Staff
received a letter dated March 9, 2001 from Mr. Rother stating he understands
MUSA designation or development is not guaranteed in any way. He also
understands acceptance of the petition for re-zoning is not indication by the City
of the future development possibilities of this property. Councilmember
Soderberg asked if there had been any further communication from the township
since the last Council Meeting. Mayor Ristow stated he received a letter
containing Mr. Gerten's statements made at the last Council Meeting.
MOTION by Soderberg, second by Cordes adopting ORDINANCE 001-461
annexing the Rother property to the City of Farmington and authorization to
forward it to the Minnesota Office of Strategic and Long Range Planning. APIF,
MOTION CARRIED.
c) Consider Ordinance - Annexation of Michael and Eileen Devney Property-
Community Development
The City Council held a public hearing on April 2, 2001 to consider a petition to
annex 60 acres of property owned by Michael and Eileen Devney located east of
Council Minutes (Regular)
April 16, 2001
Page 7
the Prairie Waterway and north of what would be the extension of213th Street.
The same Statutes as noted above also apply to this property.
MOTION by Soderberg, second by Cordes adopting ORDINANCE 001-462
annexing the Michael and Eileen Devney Property to the City of Farmington and
authorization to forward it to the Minnesota Office of Strategic and Long Range
Planning. APIF, MOTION CARRIED.
d) Consider Ordinance - Annexation of Bernard Murphy Property - Community
Development
The City Council held a public hearing on April 2, 2001 to consider a petition to
annex 60 acres of property owned by Bernard Murphy located south of the
Seed/Genstar Orderly Annexation area and adjacent and south of the future
extension of 195th Street. The same Statutes as noted above also apply to this
property.
Councilmember Strachan suggested Council should forward a letter to Empire
Township asking if they would like to meet to discuss the issues raised.
MOTION by Strachan, second by Verch adopting ORDINANCE 001-463
annexing the Bernard Murphy property and authorization to forward it to the
Minnesota Office of Strategic and Long Range Planning. APIF, MOTION
CARRIED.
e) Consider Resolution - Middle Creek Development Contract - Engineering
The final plat for Middle Creek was approved by the Planning Commission on
January 9, 2001 and by the City Council on February 5,2001. The conditions for
approval for the development contract include the Developer enter into this
Agreement and the Developer provide the necessary security in accordance with
the terms of this Agreement.
Councilmember Soderberg stated he has received a lot of comments regarding the
trees that have been removed. Mr. Don Patton, DR Horton, stated most of the
trees removed were Elm or Box Elder. The Oak trees on the south are remaining.
There are many things that go into designing a plat. They like to save as many
trees as possible. Residents like to have trees in their yards and as developers, we
can get more money for lots with trees. However, there are constraints to deal
with. Councilmember Cordes stated a lot of scrub trees were taken out, but for
every tree removed, three trees were planted. In 20 years there will be a lot of
trees. Councilmember Soderberg stated he understands all of the things that go
into a development, but he is disappointed more trees could not be saved.
MOTION by Cordes, second by Verch adopting RESOLUTION R39-01
approving the execution of the Middle Creek Development Contract and
authorizing its signing contingent upon the above conditions and approval by the
Engineering Division. APIF, MOTION CARRIED.
Council Minutes (Regular)
April 16, 2001
Page 8
11. UNFINISHED BUSINESS
a) Akin Road Traffic Analysis - Update - Engineering
An updated analysis was performed by the City's traffic engineer and
incorporates the estimated traffic volumes that will be generated by the various
developments that are proposed or on-going in the Akin Road area. The results of
the analysis do not change the current recommendations at 193rd Street, 195th
Street, and 208th Street. The future intersection that will be created with the
access to Vermillion Grove will need to be evaluated when the connection is
constructed, as there may be sight distance issues.
Councilmember Soderberg asked if there is an objective way to place stop signs at
208th Street and 193rd Street. Mr. Shelly Johnson, Traffic Engineer, stated the
volumes just are not there. Until there is more development that feeds the 208th
Street corridor, an all-way stop would create excessive delay to people causing
traffic to roll through a stop sign. The accident history is not there. Mayor
Ristow asked about more control during school hours. Mr. Johnson replied
currently adult patrol is used to allow busses to turn and that is an excellent way
to handle the situation because it is only a 15-25 minute time period. Otherwise,
you could shoot a cannon down the street. He suggested staff keep an eye on it
until traffic volume grows or the accident rate increases. The volumes on Akin
Road are not the problem. It is the cross streets that have to have the volume.
Sight distance is considered, as well as road conditions.
Councilmember Strachan asked if there was any consideration given to access the
bike path on the east side of Akin Road. Mr. Johnson stated that is something that
is considered, but how can you determine where people will cross the road?
People will cross where they want to cross. They will not walk 300 feet to get to
a signal. A location can be selected for a crosswalk with flashers, but do not
install a stop sign. Pedestrians cannot depend on traffic stopping. If there is a
problem crossing the road, identify the best location and place a florescent
croSSIng sIgn.
12. NEW BUSINESS
a) Consider Resolution - Sale of $1,645,000 General Obligation Utility Revenue
Bonds Series 2001B - Finance
b) Consider Resolution - Sale of $870,000 GoO. Permanent Improvement
Revolving Fund Bond Series 2001C - Finance
The $1,645,000 bond was sold to fund the portion of the Public Facilities project
related to the City's municipal water, sewer, storm water and solid waste utilities.
The $870,000 bond was sold to fund the Akin Road improvement project. Mr.
Rusty Fifield of Ehlers and Associates explained the bond sale process.
MOTION by Soderberg, second by Cordes adopting RESOLUTION R40-01
awarding the sale of the $1,645,000 General Obligation Utility Revenue Bonds,
Series 2001B contingent on true interest cost not exceeding 5.2%. APIF,
MOTION CARRIED. MOTION by Cordes, second by Soderberg adopting
Council Minutes (Regular)
April 16, 2001
Page 9
RESOLUTION R41-01 awarding the sale of the $870,000 General Obligation
Permanent Improvement Revolving Fund Bonds, Series 2001 C contingent on true
interest cost not exceeding 4.70%. APIF, MOTION CARRIED.
c) Consider Resolution - Authorizing Execution of Documents Related to 55.830
million Public Project Revenue Bonds Series 2001A - Finance
The HRA sold $5.830 million Public Project Revenue Bonds. The proceeds will
be used to construct a Central Maintenance Facility and Police Station.
MOTION by Strachan, second by Verch adopting RESOLUTION R42-01
authorizing the execution of a ground lease and a lease agreement providing for
the construction of a Central Maintenance Facility and Police station to be leased
from the HRA by the City contingent on true interest cost not exceeding 5.20%.
APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
Council member Verch:
very nice.
The new fire truck was shown at the Easter Egg Hunt and is
Interim City Administrator Roland: Brenda Wendlandt, Human Resources Coordinator,
presented an ad to Council for their review for the City Administrator position. If
Council concurs, the ad will be placed in appropriate publications. Council also received
a draft of the position profile for review. Council should advise Brenda of any
comments.
Council had requested a workshop with the Eureka Town Board. The workshop will be
set for May 1 or 2, 2001. Interim City Administrator Roland will be testifying before the
Senate Tuesday afternoon regarding the sales tax exemption bill.
Community Development
Director Olson: Farmington was featured in the St. Paul Pioneer Press Real
Estate section.
Parks and Recreation
Director Bell: Met with the DNR trout specialist regarding erosion
concerns in Rambling River Park. There is a grant opportunity available. Staff will bring
this to Council at the May 7, 2001 Council Meeting.
City Engineer Mann: Staffhas received a request from Farmington Lutheran
Church and Bernard Murphy regarding improvements they are requesting be made with
the Akin Road project. Staff will review the possibilities.
Mayor Ristow: April 25, 2001 is Volunteer Recognition Day. The
Chamber of Commerce will be hosting a dinner.
Council Minutes (Regular)
April 16, 2001
Page 10
14. ADJOURN
MOTION by Cordes, second by Strachan to adjourn at 9:38 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~4vP7~
Cynthia Muller
Executive Assistant
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7j
TO: Mayor, Councilmembers, City Administrator W
FROM: Tim Gross, Assistant City Engineer ~
SUBJECT: East Farmington Sign Study
DATE: May 7, 2001
INTRODUCTION
In the past few months City staff has received multiple requests regarding the signage in the East
Farmington Development. After inspecting the area and mapping the existing sign locations, Staff
requested the City's traffic engineer to study the area and to provide recommendations regarding the
signage in the area.
DISCUSSION
The primary focus of the study was the signage of the one-way boulevarded sections of Spruce and
1ih Streets. Additional signing is necessary to more clearly indicate that a one-way condition exists
on Spruce and 12th Streets. Clearly establishing the right-of-way at intersections along 10th, 1ih, and
Spruce Streets also needs to be addressed. In addition, the entire neighborhood of East Farmington
was reviewed to address recently received sign requests and to ensure that traffic control in the area is
adequate. The recommendations of the City's traffic engineer are summarized on the attached map,
Suggested Sign Locations - East Farmington.
Staff recommendations include:
. the addition of traffic control slgnage along 10th, 1i\ and Spruce Streets as shown on the
attached map
. the addition of a stop sign on 11 th Street southbound at the intersection of 11 th and Larch Streets
. the removal of a stop sign on the intersection of 13th and Maple Street.
The stop sign at 13th and Maple was placed in the wrong location by the developer at the time of
construction. There are no conflicting turning movements at this location so no prior notice to
residents regarding its removal will be necessary.
Staff will be contacting the residents that have made the sign requests to discuss their concerns and
the proposed traffic plan.
BUDGET IMPACT
Installation of the recommended signs in East Farmington sign plan will be funded through the
Private Capital Projects Fund.
ACTION REQUESTED
Motion to approve the following:
1.) Installation of traffic control signage along 10th, 12th, and Spruce Streets as shown on the attached
map
2.) Placement of a stop sign at 11 th Street Southbound at the intersection of 11 th and Larch Streets
3.) Removal ofthe stop sign at the intersection of Maple Street and 13th Street
Respectfully Submitted,
~
Tim Gross
Assistant City Engineer
cc: file
Lee Mann, Director of Public Works/City Engineer
Robin Roland, Interim City Administrator
attachment: Suggested Sign Locations - East Farmington.
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LOCA TIONS
EAST FARMINGTON
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
76
TO: Mayor, Councilmembers, City Administrator ~
FROM: Joy Lillejord, Recreation Program Supervisor .j()
SUBJECT: Donation - Senior Center
DATE: May 7, 2001
INTRODUCTION,
A donation to the Farmington Senior Center has been received from Mr. Dick
Gerten of Farmington.
DISCUSSION
Mr. Gerten has graciously agreed to donate materials and his time to plant flowers
in the window planters outside of the Senior Center.
Staff will communicate the City's appreciation on behalf of the Council to Mr.
Gerten for his generous donation.
ACTION REQUESTED
NONE
Respectfully Submitted,
Qt\r U 1I1() Ora
Joy Lillejord
Recreation Program Supervisor
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7e1
FROM:
Mayor. Couocilmcmbers, City Administrator ~
James Bell, Parks and Recreation Director
TO:
SUBJECT:
Capital Outlay - Parks and Recreation Department
DATE:
May 7, 2001
INTRODUCTION
The 200 I Budget authorizes the purchase of a skate sharpener and team room seating at the Ice Arena and
outside signage at the Senior Center.
DISCUSSION
The skate sharpener will replace the present one, which is wearing out. Staff purchased the present
sharpener as a used unit at a going out of business sale. The new machine will be more automated which
will result in a more consistent sharpening for customers.
The team room seating will replace temporary seating that staff brings in from the ballfields.
The outdoor signage will replace the present sign on the south side of the Senior Center.
BUDGET IMPACT
The low quotes of $6,296.60 for the skate sharpener and team room benches are within the budgeted
amount of$9~117.00.
The low quote ofS2,900.00 for the Senior Center sign is within the budgeted amount ofS3,185.00.
ACTION REOUESTED
This is for information only.
Respectfully submitted,
~~~
James Bell
Parks and Recreation Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7e.
FROM:
Mayor, Councilmem~7nd
City Administrator \J\
Daniel M. Siebenaler
Chief of Police
TO:
SUBJECT:
Capital Outlay Purchase
4 wheel, A TV
DATE:
May 7, 2001
INTRODUCTION
The 2001 budget authorizes the purchase of an A TV by the Police Department. Staff has obtained quotes
and is prepared to purchase this unit.
DISCUSSION
The Police Department has concluded that the Polaris Magnum 325 4-wheel A TV presents the best
package to meet the needs ofthe City. The package will include an electric winch, front and rear
equipment racks and a six foot A TV trailer with a Medivac option.
The unit will allow for call responses along trails and is particularly well-suited to off-road use. It will also
allow for regular patrol of trails where no such travel is practical in a squad car.
BUDGET IMPACT
This item has been authorized in the 2001 budget and will be purchased within the budgeted amount.
ACTION REQUESTED
Information only.
Respectfully submitted,
~
Daniel M. Siebenaler
Chief of Police
7f'
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers and
City Administrator ~
Daniel M. Siebenaler
Chief of Police
FROM:
SUBJECT:
Capital Outlay Purchase
Radar Display Board
DATE:
May 7, 2001
INTRODUCTION
The Police Department is requesting authorization to purchase a trunk mounted radar display board. This
unit would be used to respond to frequent citizen requests for speed monitoring in residential areas.
DISCUSSION
The Police Department receives frequent requests from residents to monitor traffic speeds in
neighborhoods. In the past the City has borrowed a speed trailer from the Minnesota State Patrol, as
available, to place in these areas to educate both the drivers and residents about traffic speeds. The trailer
has proven to be a valuable tool in responding to citizen requests.
A radar display board was authorized in the 2000 budget. Staff requested a change in authorization to
purchase a traffic analyzer instead. That device has been used regularly but does not provide the driver or
resident an immediate education factor.
Staff is requesting authorization to purchase a radar display board. The portable display board would be
mounted as needed on the trunk of a squad car and parked in areas as requested or needed.
BUDGET IMPACT
A trunk-mounted radar display board, compatible with radar units currently owned by the City is available
for $1,750.00. The purchase would be funded out of the Police Department Forfeiture Fund. There is
adequate funding available for this purchase.
ACTION REQUESTED
This item is not budgeted in the 2001 budget and requires City Council authorization. Authorize the
purchase of an MPH Industries, Speed Monitor for $1,750.00.
Daniel M. Siebenaler
Chief of Police
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~
FROM: Tim Gross, Assistant City Engineer ~
SUBJECT: Public Works Capital Outlay
DATE: May 7,2001
INTRODUCTION
The 2001 Budget provides for the acquisition of a digital camera for the Engineering Department.
DISCUSSION
The camera purchased is an Olympus 3000-Z with an expanded memory card and 3 W' floppy
adapter. The camera was purchased at National Camera & Video.
BUDGET IMPACT
The 2001 Capital Acquisition Budget allows $959.00 for a new digital camera. The cost of the
camera including expanded memory card and adapter is $959.85.
ACTION REOUESTED
None. For information only.
Respectfully submitted,
~
Tim Gross
Assistant City Engineer
cc: file
Lee Mann, Director of Public Works/City Engineer
Robin Roland, Interim City Administrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
7~
FROM:
Mayor, Councilmembers aod City Admioistrator ~
Lena Larson
Public Works Administrative Assistant .J~
TO:
SUBJECT:
Capital Outlay Requests
DATE:
May 7,2001
INTRODUCTION
The 200 I budget includes funding for the purchases of an automated tarp cover and a 19 cubic yard
roll-off container for the hook-lift truck.
DISCUSSION
The automated tarp cover will be used to contain refuse in the roll-off containers when transporting
materials to the disposal or processing facility. Automated tarp covers make readying the load for
transportation safer and faster for the solid waste operators.
The roll-off container is being ordered to accommodate space restrictions for a commercial customer.
BUDGET IMPACT
The 2001 budget set aside funds for the automated tarp cover and the 19 cubic yard roll-off container.
These items were authorized in the 2001 budget and quotes received are within the budgeted amount.
ACTION REQUESTED
This memo is for Council's information only.
cc: file, Benno Klotz, Jim Bell
04/25/01 13:20 FAX 952 938 0159
ABM/HIGHWAY
~ 0011001
No 042501-334
612-938-5451
aQUOTATION 333 2nd STREET N.E. FAX 1-612-938-0159
o ORDER HOPKINS, MN 55343-8337 WATS 1-800-229-5451
Custom Truck Equipment for the Utility, Construction, Municipal and Refuse Industries
Equipment & Supply Inc.
Street:
City/State:
For:
Address:
Expected Chassis Arrival Date:
City ofFannington
325 Oak Street
Farmington, MN 55024
Benno Klotz
Date:
Terms:
Territory:
P.O. No.
Phone Number:
Fax Number:
April 25, 2001
To:
S. Bergeron
651-463-3799
651-463-1611
One (1) Pioneer model HR1500 PTO Auto Cover mounted
on City owned hooklift.
$ 4,550.00
6.5% MN SALES TAX
$ 295.75
PRICE AS DESCRIBED ABOVE, FOB HOPKINS, MN
S 4.845.75
ACCEPTED:
lTOMER
BY
BY
We reserve the right 10 change price wilhout notice. The price in eWect alllme 01 delivery will prevail. nolWlthslandlng the prices shown herein.
7/94
Bringing you the best names in the business.
~
w~
02/01/01 12:48 FAX 952 938 0159
ABM/HIGHWAY
IaJ 0021004
.
D
o
No
020101-091
Ii QUOTATION
o ORDER
612-938-5451
333 2nd STREET N.E. FAX 1-612-938-0159
HOPKINS, MN 55343-8337 WATS 1-800-229-5451
Custom Truck Equipment for the Utility, Construction. Municipal and Refuse Industries
Equipment & Supply Inc.
To:
Street:
City/State:
For:
Address:
Expected Chassis Arrival Date:
City of Farmington
325 Oak Street
Farmington, MN 55024
Mr. Ben Klotz
Date:
Terms:
Territory:
P.O. No.
Phone Number:
Fax Number:
February 1, 2001
s. Reierson
651-983-8013
651-463-2591
One (1) Multilift M -120 10' flatbed with 36" front bulkhead, rear rollers, stake pockets
on end and both sides and painted black
$ 1.970.00
One (1) Galbreath model RH-1460 19-cubic yard open top box with 60" sides and
painted one color.
$ 2.416.00
ABOVE PRICES DO NOT INCLUDE ANY APPLICABLE TAXES
~Ji1 R
BY
--'
,CCEPTED:
CUSTOMER
BY
We legeNe 1M rlgnllO chaMD prieD wilhcul ~oliee. Tna pnce .n effect allimo or dolivery will plElvall, nOl'wlll1s18nding the prices shown heroin.
T19~
Bringing you th& best names In the business.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~'
TO: Mtrtor, Councilmembers, City Administrator ~
FROM: Joy Lillejord, Recreation Program Supervisor j ~
SUBJECT: Adopt Resolution Accepting Donation - Senior Center
DATE: May 7,2001
INTRODUCTION
A donation has been received by the Senior Center from the People's Natural Gas
Energy One/Utilicorp United Inc. Civic Grant.
DISCUSSION
People's Natural Gas has donated $50.00 to the Farmington Senior Center to be
used for window replacement.
Staff will communicate the City's appreciation on behalf of the Council to Peoples
Natural Gas for their generous donation.
ACTION REQUESTED
Adopt the attached resolution accepting the donation of $50.00 to the Senior
Center.
Respectfully Submitted,
C1KUlltj~
~Y~illejord
Recreation Program Supervisor
RESOLUTION No.
ACCEPTING DONATION OF $50.00 TO THE SENIOR CENTER
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 7th day of May, 2001 at 7:00 p.m.
Members Present:
Members Absent:
Member
following:
introduced and Member
seconded the
WHEREAS, People's Natural Gas Energy One/Utilicorp United Inc. has
donated $50.00 to be used at the Senior Center; and
WHEREAS, it is in the best interest of the City to accept such a donation.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington
hereby accepts the generous donation of $50.00 from People's Natural Gas
to be used for window replacement.
This resolution adopted by recorded vote of the Farmington City Council in
open session on the 7th day of May, 2001.
Mayor
Attested to the _ day of May, 2001.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
7.
~
FROM:
Mayor, Cooocilmembcrs, City Administrator ~
James Bell, Parks and Recreation Director
TO:
SUBJECT:
Consider Resolution - River Erosion Control Grant
DATE:
May 7, 2001
INTRODUCTION
Funds are available from the State of Minnesota DNR for river erosion control.
DISCUSSION
Staffhas been notified that the State of Minnesota DNR Fisheries Section has grants for river erosion
control. Jason Moeckel the Metro Trout Stream Habitat Specialist has been working with staff to create a
plan to eliminate erosion problems on the river in Rambling River Park. He suggested that the City apply
for funds to help alleviate the cost. The State has approximately $6,000.00 to contribute to the project,
which is approximately half of the funds needed. This is a matching funds grant.
BUDGET IMPACT
The matching funds for the grant applications could be funded from the Parks Improvement Fund and
Storm Water management Funds.
ACTION REOUESTED
Consider adoption of a resolution authorizing the application for a Riverbank Erosion Control Grant and
authorize the funding of matching dollars.
Respectfully submitted,
~b~
James Bell
Parks and Recreation Director
PROPOSED
RESOLUTION No.
VERMILLION RIVER EROSION CONTROL
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 7th day
of May, 2001 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the State of Minnesota has informed the City of Farmington that funding is
available for river erosion projects.
and
WHEREAS, the City of Farmington is doing a river erosion project.
and
WHEREAS, it is in the best interest of the City to acquire additional funding for it's
river erosion project.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby
authorizes staff to apply for State of Minnesota funding for the river erosion project.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 7th day of May, 2001.
Mayor
Attested to the
day of May, 2001.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
7t
FROM:
Mayor and Council~~5ers
City Administrator "',.,
David L. Olson
Community Development Director
TO:
SUBJECT:
League of Minnesota Cities - Annual Conference
DATE:
May 7, 2001
INTRODUCTION
Attendance at the League of Minnesota Cities Annual Conference, held June 19-22,2001
in Duluth is being planned.
DISCUSSION
This conference is an annual event for both City staff and elected officials in Minnesota.
Conference will include sessions on affordable housing, Metropolitan Council issues,
2000 Census information, examples of successful neighborhood planning efforts to name
several.
BUDGET IMPACT
The adopted 2001 budget includes funding for this conference.
ACTION REOUESTED
For information only.
~~
David L. Olson
Community Development Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7L
TO:
FROM:
Mayor, Councilmembers, City Adminislrlllor ~
Paul Asher, Liquor Operations Manager
SUBJECT:
School and Conference - Liquor Operations
DATE:
May 7, 2001
INTRODUCTION
I will be attendin~ the annual Minnesota Municipal Beverage Association Conference on
May 6th to May 8 .
DISCUSSION
Besides organizational issues, other topics will be construction, security systems, and
wine and cordial sem inars.
BUDGET IMPACT
This training is included in the 2001Budget.
ACTION REQUESTED
For inform ation only.
Respectfully Submitted,
~4"~
Paul Asher
Liquor Operations Manager
City of Farmington
325 Oak Street, Farmington. MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
7m
TO: Mayor, Councilmembers, Interim City Administrator ~
FROM: Karen Finstuen~ Administrative Services Manager
SUBJECT: Set Public Hearing - Farmington Heritage Landmark Designation
DATE: May 7~ 2001
INTRODUCTION
A public hearing is required for the designation of a Farmington Heritage Landmark site.
DISCUSSION
At the City Council meeting of May 15~ 2000 the Heritage Preservation Commission requested
approval to begin the process of designating property as Heritage Landmark Sites. Four
buildings were declared significant and worth preserving and protecting under the laws of the
City of Farmington. The Heritage Preservation Commission has determined that the Historic
Fletcher Building, 345 Third Street, meets the eligibility criteria for designation as a Farmington
Heritage Landmark and requests a public hearing be held to finalize this designation.
Notification of the public hearing will be sent to all adjacent properties and Robert Vogel, HPC
Consultant~ will be present at the hearing to address any questions.
ACTION REOUIRED
Set a public hearing for 7:00 p.m., May 21, 2001, to designate the Fletcher Building as a
Farmington Heritage Landmark.
Respectfully submitted,
~f}~
Karen Finstuen
Administrative Services Manager
Cc: Thomas Quam~ Property Owner
HPC Members
Robert Vogel
CITY OF FARMINGTON
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing will be held by the City Council of the City of
Farmington, Dakota County, Minnesota on the 21 st day of May, 200 I at 7 :00 p.m. in the Council
Chambers of the City Hall, 325 Oak Street, Farmington, Minnesota to consider designating the
Fletcher Building, 345 Third Street, as a Farmington Heritage Landmark.
All persons desiring to be heard, in person or in writing, will be heard at this time. If you have
any questions prior to the meeting, please contact Karen Finstuen at 651-463-1802.
/S/: Robin Roland
Interim City Administrator
TO: Mayor, Councilmembers, City Administrator
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Historic Preservation - Selection and Designation Process
DATE: May 15,2000
INTRODUCTION
By ordinance the City Council may designate individual historic buildings and sites as
Farmington Heritage Landmarks. The City has been awarded a grant to aid in this
process.
DISCUSSION
The first step in the Landmark nomination process is to survey buildings and sites which
the HPC has reason to believe may be historically or architecturally important. The City
has been conducting a systematic survey of historic resources for several years.
At this time, the HPC would like to formally declare its intent to nominate a select group
of historic buildings for designation as Farmington Heritage Landmarks. This "finding of
significance" is simply an announcement that the properties listed below are worth
preserving and protecting under the laws of the City of Farmington:
~ D. F. Akin House, 19185 Akin Road
~ Church of the Advent, 412 Oak Street
~ Exchange Bank Building, 344 Third Street
~ Farmington State Bank Building, 320 Third Street
~ Masonic Temple Building, 324-328 Third Street
~ Fletcher Block, 345 Thirds Street
~ Lyric Theater Building, 314 Oak Street
~ Hamilton Clay House, 621 Oak Street
This finding of significance in no way commits the City to actually designating any
property as a Heritage Landmark; it simply starts the process. Informative meetings with
the property owners, Housing and Redevelopment Authority, Planning Commission, and
other interested parties will be held prior to the HPC's recommendation to Council for
designation.
BUDGET IMPACT
The survey information provided by Consultant Vogel will be paid for by grants funds.
ACTION REOUESTED
The HPC requests approval to begin the process of designating property to Heritage
Landmark status.
Respectfully submitted,
Karen Finstuen
Administrative Service Manager
Cc: HPC Members
Robert Vogel, HPC Consultant
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
~o,
TO:
Mayor, Councilmembers: Interim City Administrator ~
Karen Finstuen, Administrative Service Manager
FROM:
SUBJECT:
Approve Therapeutic Massage License
DATE:
May 7, 2001
INTRODUCTION
Pursuant to City Ordinance 3-15-8, a public hearing must be held to issue a Therapeutic Massage
License.
DISCUSSION
Sherry Jackson has submitted an application for a Therapeutic Massage License. The business
will be located at 18598 Elk River Trail. The required attachments, fees and insurance
information have been submitted with the application. Police Chief Siebenaler has reviewed the
forms and approved the applications. The application did not need to be reviewed by the
Planning Commission as the business will be located in a B-1 zoning district.
BUDGET IMPACT
The fees collected are as proposed in the revenue portion of the budget.
ACTION REOUIRED
Approve a Therapeutic Massage License for Sherry Jackson, 18598 Elk River Trail.
Respectfully submitted,
~~~~
Karen Fiostuen
Administrative Services Manager
100-
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
SUBJECT:
Mayor and Council Membe~
Interim City Administrator ~' rv D
Michael Schultz, Associate Planner J)fi
Charleswood 5th Addition Final Plat & Resolution
TO:
FROM:
DATE:
May 7, 2001
INTRODUCTION
Newland Communities is seeking Final Plat approval for the 5th Addition of Charleswood. The
plat consists of 96 townhome units on 21 acres of land located south and east of the existing
single-family development and west of Pilot Knob Road (CSAH 31).
DISCUSSION
Newland Communities has submitted for approval the Charleswood 5th Addition Final Plat; the
plat consists of 96 townhome units. The proEosed 200th Street connection will serve as a minor
collector and will connect the Charleswood 4 Addition with Pilot Knob Road (CSAH 31) acting
as a southern ingress/egress for the entire single-family portion ofthe Charleswood development.
The Preliminary Plat was approved at the Planning Commission on February 26, 2001 and
approved at the City Council on March 5, 2001; the final plat was approved at the Planning
Commission on April 24, 2001.
Charleswood 5th Addition Review
Lot Layout/Building Setback
The developer is proposing a single lot for each 4-unit building footprint. The typical lot
dimension is 129 feet wide by 75 feet deep. The setback of the townhomes off of 200th Street
will vary from 20 to 25 feet, the varying setback is effect by the adjacent wetland buffer
requirements.
The common lots shown on Lot 18, Block 1 and Lot 9, Block 2 will be controlled and
maintained by the homeowners association.
Off-street Parking
The developer has added ten (10) additional off-street parking stalls in each of the private
driveways as requested during the preliminary plat.
Each townhome unit will be capable of accommodating four (4) off-street parking spaces (two
within the garage and two directly behind the garage); some on-street parking is possible
between the driveways of the townhomes.
CSAH 31/Roadways
Currently Dakota County Highway Department currently controls a 120-foot right-of-way for
CSAH 31; the developer will be purchasing some excess right-of-way from the County. The
County will be retaining an additional (15) feet for future right-of way needs.
The 5th Addition plat proposes a 70-foot right-of-way for the construction of 200th Street along
with a trail along the north side; the street will serve as a minor collector running eventually from
Flagstaff Ave to Pilot Knob Road and through to Akin Road.
Sidewalks/Trails
An 8-foot bike path is proposed along the north half of 200th Street W beginning at Pilot Knob
Road and will head west toward Charleswood 4th Addition. The trail will eventually connect
with the future trail to be constructed along Pilot Knob Road.
Wetlands
Wetlands are located to the north and south of the plat with a small portion of a wetland being
effected during the construction of 200th Street. A small "appendage" of a wetland extends
southward and will be crossed by 200th Street W. That portion of the effected wetland was
calculated and mitigated for during the platting and wetland review for Charleswood 3rd
Addition. The mitigated area is located south of 200th Street and is shown in Outlot C.
Engineering Comments
See attached Engineering comments.
Landscaping Plan
The developer is proposing boulevard trees at 40-foot spacing along 200th Street except for
several small sections near the southern mitigated wetland, just entering 200th Street off of Pilot
Knob Road. The developer has requested that the city consider allowing an opening on the
wetland (south) side of the roadway. Because the developer is proposing a landscape plan that
exceeds the minimum requirements of the City Code, staff recommends approval of the absence
of boulevard trees near the wetland.
City staff proposed that additional trees be planted along the private driveways stemming off of
200th Street in which the developer has complied. The developer is also proposing a significant
amount of landscaping along the proposed entrance monuments and along both Pilot Knob Road
and the entrance to the development. The developer has also provided additional landscaping
along some areas of the wetlands and around the future City well houses.
The areas of tree removal have been pointed out on the landscape plan showing the existing tree
line and the future tree line limit, indicating that there will be significant tree loss during
construction of this development.
ACTION REQUESTED
Consider adoption of the resolution approving the Charleswood 5th Addition Final Plat
contingent upon any Engineering comments and the execution of a Development Contract.
Michael Schultz
Associate Planner
cc: Steve Juetten, Newland Communities
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminlrton.mn.us
April 19, 2001
Mr. Jason McCarty
Westwood Professional Services
7599 Anagram Drive
Eden Prairie, MN. 55344
RE: Charleswood 5th Final Plat Review
Dear Mr. McCarty,
Engineering staff has reviewed the final plat for the above referenced project. All comments
have been addressed at this time.
If you have any questions, please contact me at (651) 463-1601.
Sincerely,
~)11~
Lee M. Mann, P.E.
Director of Public W orkslCity Engineer
cc: File
Steve Juetten, Newland Communities
David Olson, Community Development
Lee Smick, City Planner
Mike Schultz, Associate Planner
RESOLUTION NO.
APPROVING FINAL PLAT AND AUTHORIZING
SIGNING OF FINAL PLAT
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 of said City on the 7th day of May, 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 final plat review and
approval of Charleswood sth Addition; and
WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 26th
day of February, 2001 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
Charleswood sth Addition Final Plat at its meeting held on the 24th day of April, 2001; and
WHEREAS; the City Council reviewed and approved the Charleswood sth Addition preliminary
plat and resolution at its meeting held on the sth day of March, 2001; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly
served by municipal service.
NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the
requisite signatures are authorized and directed to be affixed to the final plat with the following
conditions:
I) Contingent upon any Engineering comments and the execution of a Development Contract.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th
day of May, 2001.
Attested to the 7th day of May, 2001.
Gerald Ristow, Mayor
Robin Roland, Interim City Administrator
Property Location Map
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
i Planning Commission
FROM:
Michael Schultz
Associate Planner
SUBJECT:
Charleswood 5th Addition - Final Plat
DATE:
April 24, 200 I
INTRODUCTION
Newland Communities is seeking Final Plat approval for the 5th Addition of Charleswood. The plat
consists of 96 townhome units on 21 acres of land located south and east of the existing single-family lots.
Plannin!!: Division Review
Applicant:
Newland Communities
11000 WI 78th Street
Eden Prairie, MN 55344
(612) 942-7844
Preliminary Plat
Application Received:
February 1,2001 (revised from December submittal)
Preliminary Plat
Approval, Planning Commission:
February 26, 2001
Preliminary Plat
Approval, City Council:
March 5, 2001
Referral Comments:
I. Lee Mann, Director of Public Works/City Engineer
Attachments:
I. Application
2. Location Map
3. Charleswood 5th Addition Final Plat
4. Landscaping Plan
5. February 26,2001 Planning Commission minutes
Location of Property:
South of 195th Street and between the 4th Addition and Pilot
Knob Road (CSAH 31).
Area Bounded By:
Single-family residential to the west, future multi-family to the
north and south.
Existing Zoning:
R-3 PUD
Streets and Accesses:
The right-of-way shown on the plat for 200lh Street follows the
general alignment shown on the PUD.
Sidewalks:
A bike trail will be constructed along the north side of 200th
Street and connect to the sidewalk located within the 4th Addition
and eventually to the future trail along Pilot Knob Road.
Topography:
Site topography is generally flat toward the east but begins to
slope up to Pilot Knob Road.
Wetlands:
Wetlands are located both to the south and north of the proposed
development. Wetland mitigation also took place to the south
for the wetland impacted for the future construction of 200lh
Street.
Flood Plain:
Flood plain exists south of the development, but does not impact
this plat.
Parkland and Trails:
A portion of the parkland has been dedicated to the north of the
main wetland and east of the single-family development. Trails
have been constructed leading into the park.
Additional Comments
Newland Communities has submitted for approval the Charleswood 51h Addition Final Plat; the plat
consists of 96 townhome units. The 200th Street connection will serve as a minor collector and will
connect the 4th Addition with Pilot Knob Road (CSAH 31) serving as a southern ingress/egress for the
entire single-family portion of the Charleswood PUD.
The Preliminary Plat was approved at the Planning Commission on February 26, 2001 and approved at
the City Council on March 5, 200 I with the contingencies listed below; following each contingency is the
follow-up action taken by the developer.
1. Identify the required easement for the existing sanitary trunk line located south of 200lh Street
West.
Action Taken: The developer identified the additional easement requested by the City.
11. Continued coordination with City Staff and Dakota County on the implementation of turn lanes at
the intersection ofCSAH 31 (Pilot Knob Road) and 200th/203rd Streets.
Action Taken: The developer, along with the City, will continue coordination with the County (as
well as with Arcon/DR Horton developers) concerning turn lanes needed for the 20dh /203rd
Street intersection with Pilot Knob Road
111. Additional off-street parking stalls be added along the private drive roadways, not to include any
additional tree removal.
Action Taken: The developer has identified three (3) off-street parking areas within the private
drives for a total of ten (10) off-street parking spaces.
IV. Additional landscaping be considered within the common lot area and/or the wetland area to the
south.
Action Taken: A significant amount of landscaping has been added along the entry to the
development as well as within the common areas, around the future City well house sites and
around portions of the wetlands. Although there are some gaps in the spacing of the boulevard
trees along 20dh Street and concerns of site distance from the private drives onto 20dh Street.
Staff would recommend that the developer and staff continue discussion to absolve these issues.
v. Make the necessary correction concerning Common Lot 17, Block I.
Action Taken: The common area is now shown as Lot 18, Block 1.
VI. Any requested changes made by the Engineering Division, pursuant to clarification from the City
Engineer concerning comments made for additional easements as stated within the review memo.
Action Taken: The developer has addressed all of the comments forwarded by the City Engineer
during Preliminary Plat review.
Lot Layout/Building Setback
The developer is proposing a single lot for each 4-unit building footprint. The typical lot dimension is
129 feet wide by 75 feet deep. The setback of the townhomes offof200th Street will vary from 20 to 25
feet, the varying setback is effect by the adjacent wetland buffer requirements.
The common lots shown on Lot 18, Block I and Lot 9, Block 2 will be controlled and maintained by the
homeowners association.
Off-street Parking
The developer has added ten (l0) additional off-street parking stalls in each of the private driveways as
requested during the preliminary plat. Staff would encourage the developer to consider additional off-
street parking stalls (designed not to back out onto 200th Street) to serve the townhomes on the west-end
of the plat that are not served by private drives.
Each townhome unit will be capable of accommodating four (4) off-street parking spaces (two within the
garage and two directly behind the garage), some on-street parking is possible between the driveways of
the townhomes.
CSAH 31/Roadways
Currently Dakota County Highway Department currently controls a 120-foot right-of-way for CSAH 31;
the developer will be purchasing some excess right-of-way from the County. The County will be
retaining an additional (15) feet for future right-of way needs.
The 5th Addition plat proposes a 70-foot right-of-way for the construction of200th Street along with a trail
along the north side; the street will serve as a minor collector running eventually from Flagstaff Ave to
Pilot Knob Road and through to Akin Road.
Sidewalks/Trails
An 8- foot bike path is proposed along the north half of 200th Street W beginning at Pilot Knob Road and
will head west toward Charleswood 4th Addition. The trail will eventually connect with the future
trail way to be constructed along Pilot Knob Road.
Wetlands
Wetlands are located to the north and south of the plat with a small portion of a wetland being effected
during the construction of 200th Street. A small "appendage" of a wetland extends southward and will be
crossed by 200th Street W. That portion of the effected wetland was calculated and mitigated for during
the Elatting and wetland review for Charleswood 3rd Addition. The mitigated area is located south of
200 Street and is shown in Outlot C.
Engineering Comments
See attached Engineering comments.
Landscaping Plan
The developer is proposing boulevard trees at 40-foot spacing along 200th Street except for several small
sections near the southern mitigated wetland and just entering 200th Street off of Pilot Knob Road. Staff
recommends additional boulevard trees within these areas meeting the City's criteria.
City staff proposed that additional trees be planted along the private driveways stemming off of 200th
Street in which the developer has. The developer is also proposing a significant amount landscaping
along the proposed entrance monuments and along both Pilot Knob Road and the entrance to the
development. The developer has also added additional landscaping along some areas of the wetlands and
around the future City well houses.
The areas of tree removal has been pointed out on the landscape plan showing the existing tree line and
the future tree line limit, indicating that there will be significant tree loss during construction of this
development.
ACTION REQUESTED
Staff recommends approval of the Charleswood 5th Addition Final Plat and forwarding it onto the City
Council contingent upon the following:
I) The developer and City staff continue discussion on the landscape plan, specifically the spacing of
boulevard trees and the plantings within the site distance of the private drives.
Michael Schultz
Associate Planner
cc: Steve Juetten, Newland Communities
lOb
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
Mayor, Council Members,
Interim City Administrator
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Consider Resolution - Autumn Glen 3rd Addition Final Plat
DATE:
May 7, 2001
INTRODUCTION
Arcon Development, Inc. has submitted the Final Plat for Autumn Glen 3rd Addition. The plat contains 59
single-family lots on approximately 48.28 acres of land south of the existing Autumn Glen 2nd Addition, east
of Limerock Ridge and north ofthe proposed 195th Street right-of-way.
DISCUSSION
The Planning Commission approved the Autumn Glen 3rd Addition Final Plat on April 24, 2001 contingent on
engineering requirements (see the attached Planning Commission staff report). The property is zoned R-l
single-family residential. This is the final phase of the Autumn Glen subdivision. The proposed overall
development for Autumn Glen will consist of 153 single-family lots on 102.96 acres yielding a density of 1.5
units/acre. Approximately 35.6 acres on the east side of the development will be dedicated adjacent to the
existing 52 acre City parkland, creating an 88 acre park and open space.
The maximum lot coverage for an R-1 single-family zone is 25%. The minimum lot size for the development
is 10,000 sq. ft. The minimum lot width is 75 feet measured at the front yard setback. All lots within the 3rd
Addition meet the minimum width and lot size.
Transportation
The street layout for the 3rd Addition follows the preliminary plat approved on September 7, 1999. Embers
Avenue will extend south to the proposed 195th Street and Elkridge Trail will intersect with Embers Avenue.
Embers Avenue consists of an 80-foot right-of-way and a street width of 38 feet face to face and is the north-
south collector through the subdivision once the connection to future 195th Street is made in Autumn Glen.
Elkridge Trail contains a 60-foot right-of-way and a street width of 32 feet face to face and is classified as a
local street. The future 195th Street is shown as a minor arterial on the 2020 Thoroughfare Plan.
The 195th Street Feasibility Report has been coml'leted and was presented to the City Council at their March
19, 2001 meeting. The report proposes that 195 Street would be extended to the east from Akin Road to a
point approximately 2500 feet. Participation in the cost of 195th Street is a condition of the Autumn Glen
development. The City Council ordered the project, approval of the plans and specifications and authorization
of advertisement for bids after the public hearing on April 16, 2001. The Farmington Independent School
District 192 has offered their support of the 195th Street project.
A sidewalk/trail will be required along the east side of Embers Avenue and is proposed along the north side of
the future 195th Street. Trails are also proposed throughout the City's parkland property east of Outlot A.
ParklandlWetland Requirements
The Parkland east of the Autumn Glen development and Outlot A is currently owned by the City and was
dedicated by John Malinski to meet parkland fee requirements for this development. The Developer proposes
to dedicate the entire 16.72 acres of Outlot A to the City for additional parkland acreage.
The Developer will remain outside of the utilize wetland that exists on the northeast comer of the 3rd Addition
plat. Ponds will be excavated around the wetland, however no encroachment into the wetland will occur.
Topography
The topography on the property is relatively flat in the central and eastern portions of the site, while the
western edge of the site consists of slopes over 20% in grade. Section 11-4-8 of the City Code requires that no
construction or significant alterations to the natural drainage system be allowed on slopes over 20%. City staff
determined that the ridge line should be designated as an outlot on the plat and dedicated to the City in order to
protect the slope and vegetation in this area. This will allow for better control of the area rather than providing
an easement to the conservation area. Signs for each lot along the ridge will be posted stating that the land is a
City-owned conservation area and no cutting or damage to trees or plants shall be allowed.
To reflect the value of this Conservation area being dedicated to the City as parkland/open space, the
Developer would receive a credit in an amount equal to all area development charges that would be calculated
on this portion of the Autumn Glen development.
Engineering
Engineering has completed their review of the construction plans for the 3rd Addition and has forwarded the
comments to the Developer's engineer. The engineering division requires that a 20-foot wide easement
between Lots 14 and 15, Block I, with 10 feet on each side of the centerline of the storm pipe should be
provided.
ACTION REQUESTED
Consider adoption of the resolution approving the Autumn Glen 3rd Addition Final Plat contingent upon the
above Engineering comments and the execution of a Development Contract.
RCSpectfullYJ~.
~
V/~ -
Lee Smick, AICP
Planning Coordinator
cc: Larry Frank, Arcon Development, Inc.
RESOLUTION NO.
APPROVING FINAL PLAT AND AUTHORIZING
SIGNING OF FINAL PLAT
AUTUMN GLEN 3RD 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 7th day of May, 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 final plat review and
approval of Autumn Glen 3rd Addition; and
WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 24th day of
August, 1999, 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 Autumn
Glen 3rd Addition Final Plat at its meeting held on the 24th day of April, 2001; and
WHEREAS; the City Council reviewed the Autumn Glen 3rd Addition Final Plat; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by
municipal service.
NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite
signatures are authorized and directed to be affixed to the final plat with the following conditions:
1. Provide a 20-foot wide easement between Lots 14 and 15, Block 1, with 10 feet on each side of the
centerline of the storm pipe.
2. 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.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of
May, 2001.
Mayor
Attested to the _ day of May, 2001.
Interim City Administrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning commif5PSSion
Lee Smick, AICP
Planning Coordinator
FROM:
SUBJECT:
Autumn Glen 3rd Addition Final Plat
DATE:
April 24, 200 I
INTRODUCTION
Arcon Development, Inc. has submitted the Final Plat for Autumn Glen 3rd Addition. The plat contains 59
single-family lots on approximately 48.28 acres of land south of the existing Autumn Glen 2nd Addition, east
of Limerock Ridge and north of the proposed 195th Street right-of-way.
Plannin!! Division Review
Applicant:
Arcon Development, Inc.
7625 Metro Blvd. Suite 140
Edina, MN 55439
(952) 835-4981
Referral Comments:
1. Engineering Comments
2. Dakota County Plat Commission
Attachments:
1. Final Plat Application
2. Location Map
3. Autumn Glen Preliminary Plat
4. Autumn Glen 3rd Addition Final Plat
5. 195th Street Feasibility Report
6. Resolution for 195th Street
Location of Property:
Located to the east of Limerock Ridge subdivision, south of Autumn
Glen 2nd Addition, west of the City's parkland and north of the
proposed 195th Street right-of-way.
Area Bounded By:
Tree-lined slope immediately to the west, single-family residential
development to the west and proposed single-family to the north,
parkland to the east and the proposed 195th Street right-of-way to the
south. .
Existing Zoning:
R-l Low Density - Single Family Residential
Existing Conditions:
This portion of the development was part of the Conditional Use
Permit that was approved in August of last year to begin grading
work for not only the I SI Addition, but to prep the land for the 2nd
Addition and to begin construction of future storm water ponds.
Proposed Development:
The proposed overall development will consist of 153 single-family
lots on 102.96 acres yielding a density of 1.5 units/acre.
Approximately 35.6 acres on the east side of the development will be
dedicated alongside the existing 52 acre City parkland, creating an 88
acre park and open space.
Lot Coverage and Sizes:
The maximum lot coverage for an R-l Single-family zone is 25%.
The minimum lot size for the development is 10,000 sq. ft. The
minimum lot width is 75 feet measured at the front yard setback. All
lots within the 3rd Addition meet the minimum width and lot size.
Streets and Accesses:
The 3rd Addition follows the road layout that was approved as part of
the overall preliminary plat. Embers A venue will extend to the
proposed 195th Street and Elkridge Trail will intersect with Embers
Avenue.
SidewalkslTrails:
A sidewalk/trail will be required along the east side of Embers
Avenue and is proposed along the north side of the future 195th Street.
Trails are also proposed throughout the City's parkland property east
of Outlot A.
Topography:
The western portion of the plat consists of a steep forested slope that
will remain intact through an outlot dedicated to the City. The central
portion of the property is generally flat while the eastern portion of
the property will be excavated to create a large pond and the fill
material will be utilized for increasing the elevation of the house pads
in the 3rd Addition.
Wetland:
A wetland edge exists on the northwest tip of Outlot A in the 3rd
Addition Final Plat. The wetland is designated as a ''utilize''
classification under the Wetland Protection Ordinance.
Parkland and Trails:
The Parkland adjacent to the Autumn Glen development and Outlot A
is currently owned by the City and was dedicated by John Malinski to
meet parkland fee requirements for this development. The Developer
proposes to dedicate the entire 16.72 acres of Outlot A to the City for
additional parkland acreage.
DISCUSSION
The Developer is seeking Final Plat approval of the Autumn Glen 3rd Addition which consists of 59 single-
family lots on approximately 48.28 acres of land. This is the final phase of the Autumn Glen subdivision.
Transportation
Embers Avenue consists of an 80-foot right-of-way and a street width of 38 feet face to face and is the north-
south collector through the subdivision once the connection to future 19Sth Street is made in Autumn Glen.
Elkridge Trail contains a 60-foot right-of-way and a street width of 32 feet face to face and is classified as a
local street. The future 19Sth Street is shown as a minor arterial on the 2020 Thoroughfare Plan.
The 19Sth Street Feasibility Report has been completed and was presented to the City Council at their March
19, 2001 meeting (see attached). The report proposes that 19Sth Street would be extended to the east from
Akin Road to a point approximately 2S00 feet. Participation in the cost of 19Sth Street is a condition of the
Autumn Glen development. The City Council approved the ordering of the project, approval of the plans and
specifications and authorization of advertisement for bids at the public hearing on April 16, 2001 (see
attached). The Farmington Independent School District 192 has offered their full support of the 19Sth Street
project.
Wetland Requirements
The Developer will remain outside of the utilize wetland that exists on the northeast comer of the 3rd Addition
plat. Ponds will be excavated around the wetland, however no encroachment into the wetland will occur.
Topography
The topography on the property is relatively flat in the central and eastern portions of the site, while the
western edge of the site consists of slopes over 20% in grade. Section 11-4-8 of the City Code requires that no
construction or significant alterations to the natural drainage system are allowed on slopes over 20%. City
staff determined that the ridge line should be designated as an outlot on the plat and dedicated to the City in
order to protect the slope and vegetation in this area. This will allow for better control of the area rather than
providing an easement to the conservation area. Signs for each lot along the ridge will be posted stating that
the land is a City-owned conservation area and no cutting or damage to trees or plants shall be allowed.
To reflect the value of this Conservation area being dedicated to the City as parkland/open space, the
Developer would receive a credit in an amount equal to all area development charges that would be calculated
on this portion of the Autumn Glen development.
Engineering
Engineering has completed their review. of the construction plans for the 3rd Addition and has forwarded the
comments to the Developer's engineer. The engineering division requires that a 20-foot wide easement
between Lots 14 and IS, Block I, with 10 feet on each side of the centerline of the storm pipe should be
provided.
ACTION REOUESTED
Consider approval of Autumn Glen 3rd Addition Final Plat and forward the recommendation to the City
Council contingent on the following:
1. Provide a 20-foot wide easement between Lots 14 and IS, Block 1, with 10 feet on each side of the
centerline of the storm pipe.
Respectfully submitted,
~~
Lee Smick, AICP
Planning Coordinator
cc: Larry Frank, Arcon Development, Inc.
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~PLICATION FOR PLAT REVIEW
DATE /." Z '2. - 0/
LOCATION
PLAT NAME ~r1/-.v ~l.C>J 3d ~~~'"
~ b i/
S. 2. 01 AJ.e. /+ V'~. z.y
JV6 --rw - 4w-rw--- 4>A&..- e ~ - .A"~ I' ~ .,/,
AREA BOUNDED BY W~ - &,;.., ,ae..k A"d~ ~ l4.n.. - ~ /958 0$/
, ,
TOTAL GROSS AREA 46 :2.'1 ~
ZONING DISTRICT(S) te-1.
NAMES & ADDRESSES OF ALL OWNERS /f/LCtS~ LJe-J/€l.or'A?Oo./T; /.-<;C:.
1(,z.~ /J1~ ~/.,./. Ou.',{.3~. {:~,;,_ ~,.J. ,:r~~39
" , ,
PHONE: t:)S-2- - 8.35' - Hfj/ .f.t)C 9.5";;..- ({3.r~ ~() ~9
NAME & ADDRESS OF LAND SURVEYOR/ENGINEER J4.66e ~.I.A ,. ~'7 ..z;uc .
Nt,~ '
IdOJ e. /~ - v/', tBV'I"";v.sV;/d /')AJ. S.s.J37 PHONE ~n.-~.32.-S"cl
, - fo-.IC. ~- ~..n. -372.3
NAMES & ADDRESSES OF ALL ADJOINING PROPERTY OWNERS ~\VAILABLE FROM:
ON:
PLAT REVIEW OPTION:
PRELIMINARY & FINAL TOGETHER:
PRE PLAT ADMINISTRATIVE FEE:
IN SEQUENCE:
PRE PLAT SURETY:
I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND, THAT THE
PERSON PREPARING THE PLAT HAS RECEIVED A COpy OF TITLE 11, CHAPTERS 1 THRU 5,
ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE
FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORDANCE WITH THE PROVISIONS
CONTAINED THEREIN.
~~
/... Z2.-~ I
DATE
ADVISORY MEETING:
1 . SKETCH PLAN
2. STAFF AND DEVELOPER CONSENSUS
ARCON
7625 METRO BLVD. · SUITE 350 · EDINA, MINNESOTA 55439 · PHONE 952/835-4981 · FAX 952/835-0069
E-mail: arcon@arcondevelopment.com · www.arcondevelopment.com
AUTUMN GLEN 2ND ADDITION
LOT AREAS
Total Plat Area = 48.28 acres
1. Outlot A = 16.72 acres
2. Outlot B = 2.43 acres
3. Outlot C = 6.96 acres
4. Street ROW = 6.23 acres (195th St. = 1.99 ac., Embers = 2.44 ac., Elkridge
Trail = 1.80 acres)
5. Single Family Lots = 15.94 acres
WE DO MORE THAN DEVELOP lAND.... WE CREATE NEIGHBORHOODS
DEVELOPERS - PLANNERS - CONTRACTORS
-...- . ----
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminlrton.mn.us
January 30,2001
Mr. Chris Ockwig
Probe Engineering
1000 East 146th Street
Bumsville, MN. 55337
RE: Autumn Glen Third Addition Final Plat Review
Dear Mr. Ockwig,
Engineering staff has reviewed the fmal plat that was submitted for the above referenced project.
The following comments need to be addressed prior to the next submittal:
Sheet 2 - Autumn Glen Third Addition
1. Provide a 20' easement between Lots 14 and 15, Block 1, with 10' on each side of the
centerline of the storm pipe.
Please address the above referenced comments and re-submit the plat. If you have any
questions, please contact me at (651) 463-1601.
Sincerely,
~ /J17rwvv-
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: File
Larry Frank, Arcon Development
David Olson, Community Development
Lee Smick, City Planner
lOG
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 Admioistrator ~
Lee M. Mann, P .E., Director of Public Works/City Engineer
FROM:
SUBJECT:
Consider Resolution - Charleswood 4th Addition Development Contract
DATE:
May 7,2001
INTRODUCTION
The Development Contract for Charleswood 4th is forwarded herewith for Council's consideration.
DISCUSSION
The final plat for Charleswood 4th was approved by the Planning Commission on January 9,2001 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.
c) the Developer reserves Lot 19, Block 1 for purchase by the Water Board for a future water supply
well. The Water Board has agreed to purchase said lot from the Developer for a total amount of
$43,000.
d) the Developer will deed or dedicate to the City public road access to the Nordseth property on and
across Lot 14, Block I, until such time as 200th Street or alternate permanent access is provided to
the Nordseth property eliminating the need for access to the Nordseth property through the
Charleswood 4th plat, and at that time the City shall re-convey, vacate or otherwise release its
interest in Lot 14, Block 1 to the Developer.
e) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after
the City Council approves the final plat.
BUDGET IMPACT
None.
---- -
ACTION REQUESTED
Adopt the attached resolution approving the execution of the Charleswood 4th Addition Development
Contract and authorize its signing contingent upon the above conditions and approval by the
Engineering Division.
Respectfully Submitted,
~Yh~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
cc:
file
Robin Roland, Interim City Administrator
Steve Juetten, Newland Communities
-
RESOLUTION NO.
APPROVING DEVELOPMENT CONTRACT
CHARLESWOOD 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 in City Hall of said City on the 7th day of May, 2001 at
7:00 P.M.
Members present:
Members absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, pursuant to Resolution No. RI7-00, the City Council approved the Preliminary Plat of
Charleswood 3rd Addition.
WHEREAS, pursuant to Resolution No. RI2-01, the City Council approved the Final Plat of
Charleswood 4th Addition subject to the following conditions:
a) Developer, pursuant to the terms and conditions to be specified in a Development Contract,
will deed or dedicate to the City public road access to the Nordseth property on and across
Lot 14, Block 1 until such time as 200th Street or alternate permanent access is provided to
the Nordseth property as determined by the City, or the City approves a plat or use of the
Nordseth property eliminating the need for access to the Nordseth property through the
Charleswood 4th plat, and at that time the City shall re-convey, vacate or otherwise release its
interest in Lot 14, Block 1 to the Developer; and
b) 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.
c) the Developer reserves Lot 19, Block 1 for purchase by the Water Board for a future water supply
well. The Water Board has agreed to purchase said lot from the Developer for a total amount of
$43,000.
d) the Developer will deed or dedicate to the City public road access to the Nordseth property on and
across Lot 14, Block 1, until such time as 200th Street or alternate permanent access is provided to the
Nordseth property eliminating the need for access to the Nordseth property through the Charleswood
4th plat, and at that time the City shall re-convey, vacate or otherwise release its interest in Lot 14,
Block I to the Developer.
e) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after the
City Council approves the final plat.
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 7th day of
May, 2001.
Mayor
Attested to this _ day of
, 2001.
SEAL
Interim City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this 7th day of May 2001, by and between the City of Farmington, a Minnesota Municipal Corporation
(CITY) and Astra Genstar Partnership, L.L.P., a Minnesota Limited Liability Partnership (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat for CHARLESWOOD 4111 ADDITION
(also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the
City of Farmington, County of Dakota, State of Minnesota, and is legally described as:
Outlot A, Charleswood 3rd Addition, according to the recorded plat thereof, Dakota County,
Minnesota.
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 19, Block 1 for purchase by the Water Board for a future water supply well. The Water Board
has agreed to purchase said lot from the Developer for a total amount of $43,000; and
d) The Developer will deed or dedicate to the City public road access to the Nordseth property on and across Lot 14, Block 1,
until such time as 200th Street or alternate permanent access is provided to the Nordseth property eliminating the need for
access to the Nordseth property through the Charleswood 4th plat, and at that time the City shall re-convey, vacate or
otherwise release its interest in Lot 14, Block 1 to the Developer; and
e) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after the City Council
approves the final plat or 30 days after the execution of this Agreement.
3. Development Plans and Ri2ht 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
1
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone. 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
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.
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
l. 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.
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CSAH 31 Assessments
The parent parcel of Charleswood 4th Addition was previously assessed for improvements to CSAH 31. The current levied
assessment amount is:
Parcel No. 141650002100
$264,554.45 (principal only)
A portion of the levied assessment becomes due with the final platting of Charleswood 4th Addition. The amount due with
Charleswood 4th Addition (including interest calculated to 5/7/01) is $105,253.01. The remaining balance of the levied
assessment (principal only), $173,373.47, shall remain levied against the unplatted portion of the parent parcel.
The Developer may elect to pay the $105,253.01 in cash at the time of fmal plat approval or have it prorated and
reassessed to the lots and blocks of Charles wood 4th 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. Ownershio of Imorovements. 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 fmal 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.
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
3
the City. The City may impose additional erosion control requirements if it is determined that the methods implemented
are insufficient to properly cbntrol 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 payment of a Water Quality Management Fee of $ 1,726 based upon the number of acres in the plat upon
execution of this agreement
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. 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 Manaeement Fee. The Developer shall pay an area storm water management charge of$ 162,539. 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.
16. Wetland Conservation and Mitieation. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
4
17. Water Main Trunk Area Charee. The Developer shall pay a water area charge ofS 56,823 for the plat. 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 $ 101,656 will be given to the Developer for Water Main Trunk oversizing within the
plat. The net result is a credit of$ 44,833.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee ofS 49,784 for the plat. The charge
shall be assessed against the lots (not oudots) 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.
19. Sanitary Sewer Trunk Area Charee. The Developer shall pay a sanitary sewer trunk area charge of S 51,770 for the
plat. 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 $ 75,492 will be given to the Developer for Sanitary
Sewer Trunk oversizing within the plat. The net result is a credit of $ 23,722.
20. Park Dedication. The Developer shall pay a park dedication fee ofS 118,030 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 $ 118,030.00. 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. SeaIcoatine. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to
pay a fee of S 5,978 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 S 2,970 based upon the number of
lots within the subdivision. This fee shall be paid to the City upon 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.
5
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.
26. 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 $ 1,850,400. 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
$ 339,000
$ 317,000
$ 463,750
$ 485,000
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 24,500
$ 25,000
$ 62,500
$ 7,500
$N/A
Two Years Principal and Interest on Assessments $ 126,150
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.
6
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. Existing: 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 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,
7
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.
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
M. 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.
N. 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.
O. 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.
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 address:
Mr. Peter Gualtieri
Genstar Land Company Midwest
11000 West 78th Street
Suite 201
Eden Prairie, MN 55344
8
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
9
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
Peter Gualtieri
By:
Its:
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651)463-7111
10
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this day of , 20 by
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
Peter Gualtieri, the Vice President of by 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
11
-
IOd
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminirton.mn.us
FROM:
Mayor, Councilmembers, City Admioistrator ~
Lee M. Mann, P.E., Director of Public Works/City Engineer
TO:
SUBJECT:
Consider Resolution - Middle Creek 2nd Development Contract
DATE:
May 7,2001
INTRODUCTION
The Development Contract for Middle Creek 2nd is forwarded herewith for Council's consideration.
DISCUSSION
The final plat for Middle Creek 2nd was approved by the Planning Commission on February 26,2001
and by the City Council on March 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.
c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after
the City Council approves the final plat.
BUDGET IMPACT
None.
ACTION REOUESTED
Adopt the attached resolution approving the execution of the Middle Creek 2nd Development Contract
and authorize its signing contingent upon the above conditions and approval by the Engineering
Division.
..
Respectfully Submitted,
~m~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
cc: file
Robin Roland, Interim City Administrator
Don Patton, D.R. Horton
RESOLUTION NO.
APPROVING DEVELOPMENT CONTRACT
MIDDLE CREEK ESTATES 2nd ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Fannington,
Minnesota, was held in the Council Chambers in City Hall of said City on the 7th day of May, 2001 at
7:00 P.M.
Members present:
Members absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, pursuant to Resolution No. R67-00, the City Council approved the Preliminary Plat of
Middle Creek Estates.
WHEREAS, pursuant to Resolution No. R26-01, the City Council approved the Final Plat of Middle
Creek Estates 2nd 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.
c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after the
City Council approves the final plat.
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 7th day of
May, 2001.
Mayor
Attested to this _ day of
, 2001.
SEAL
Interim City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this 7th day of May, 2001, by and between the City of Farmington, a Minnesota municipal corporation
(CITY) and D. R. Horton - Minnesota, a Delaware corporation (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat for MIDDLE CREEK 2nd ADDITION
(also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the
City of Farmington, County of Dakota, State of Minnesota, and is legally described as:
Outlot H, MIDDLE CREEK, according to the recorded plat thereof, Dakota County, Minnesota.
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.
c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after the City Council
approves 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 - ZoninglDevelopment 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
d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
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4. Sales Office Requirements. 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.
5. Zonin2lDeveloDment MaD. The Developer shall provide an 8 112" 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. Required Public ImDrovements 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.
CSAH 31 Assessments
The parent parcels of Middle Creek 2nd Addition have been assessed for improvements to CSAH 31. The total levied
assessment amount for the parcels is:
Parcel Nos.
140250001131
140250001232
141650003000
140250001555
Total amount levied: $373,801.41
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A portion of the levied assessment plus interest becomes due with the fmal platting of Middle Creek 2nd Addition. The amount
due with Middle Creek 2nd Addition will be calculated proportionally based on the area of Middle Creek 2nd Addition being
developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied
against the unplatted portion of the parent parcel.
The Developer may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to
the lots and blocks of Middle Creek 2nd 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 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 August 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 final
acceptance of streets and utilities.
10. Gradine Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile
and easement areas in conformance with Plan B before the plat is filed if all fees have been paid 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
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
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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 $ 491 based upon the number of acres in the plat.
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 wall 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 $ 81,903. 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.
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 area charge of $ 17,104. 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
$4,943 will be given to the Developer for Watermain Trunk oversizing within the plat. The net result is that the assessments
will be based on a charge of $ 12,161.
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18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 33,528 for the plat. 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.
19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of $ 14,720 for the
plat. 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.
20. Park Dedication. The Developer shall pay a park dedication fee of$ 33,559 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$ 33,559.00. 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 $ 520 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$ 648 based upon the number oflots
within the subdivision. This fee shall be paid to the City upon 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.
26. 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 $ 715,625. 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
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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
$ 87,875
$ 93,250
$ 130,750
$ 291,625
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 2,000
$ 12,500
$ 46,125
$ 5,625
$N/A
Two Years Principal and Interest on Assessments $ 45,875*
This breakdown is for historical reference; it is not a restriction on the use of the security.
*If the Assessments are paid in full up front, this amount may be deducted from the security amount identified above.
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. Existing: 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
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.
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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 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
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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.
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 deviation 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.
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 address:
Don Patton
D. R. Horton
3459 Washington Drive, Suite 204
Eagan, MN. 55122
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
8
SIGNATURE PAGE
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
Robin Roland, Interim City Administrator
DEVELOPER:
D. R. Horton
By:
Its:
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
, the
of D.R. Horton, Minnesota, a
corporation under the laws of Delaware, on behalf of the corporation.
Notary Public
10
IOe
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor, COWlcilmembers, City Administrator~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Approve Traffic Control- Various Intersections
. 183rd Street & Echo Drive
. Embers Avenue & Empire Trail
. Oak Street & Fifth Street
. Oak Street & First Street
DATE: May 7, 2001
INTRODUCTION
City Staff has received requests from residents to install stop signs at the intersections of 183rd Street
& Echo Drive, Embers Avenue & Empire Trail, Oak Street and 5th Street and Oak Street and 15t
Street. The City Traffic Engineer has performed an intersection review at each of these intersections.
DISCUSSION
Attached is the Traffic engineer's recommendation regarding the installation of two-way stop signs at
the subject intersections. His recommendations are summarized as follows:
. 183rd Street & Echo Drive - 2-way stop sign control is recommended on Echo Drive at 183rd
Street
. Embers Avenue & Empire Trail - 2-way stop sign control is recommended on Empire Trail at
Embers Avenue
. Oak Street & Fifth Street - 2-way stop sign control is recommended on Fifth Street at Oak Street
. Oak Street & First Street - 2-way stop sign control is recommended on Oak Street at First Street
These intersections meet warrants as outlined in the Minnesota Manual on Uniform Traffic Control
Devices for the placement of 2-way stop control. Memos summarizing the recommendations of the
City's Traffic Engineer, Shelly Johnson, are attached.
Staff has previously sent the results of the Traffic engineer's recommendations to the requesting
residents.
BUDGET IMPACT
The cost to install these signs is covered in the 200 I Street division budget.
ACTION REQUESTED
Approve the installation of permanent two-way stop control at the intersections of
. 183rd Street & Echo Drive
. Embers Avenue & Empire Trail
. Oak Street & Fifth Street
. Oak Street & First Street
Respectfully submitted,
~rn~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
Dave Akin, 302 Oak Street
Gary Raynor, 421 Oak Street
Anthony Garofano, 18241 Embers Avenue
Joe Carpentier, 18388 Echo Drive
Memo
Project Name: Intersection Review
Client: City of Farmington
.11. BonestlOO
e Rosene
"1\11 Anderfik &
. \J' Assodates
Engineers & Ardllte<<.
To: Lee Mann
File No: 141-98-000
From: Bryant Ficek & Shelly Johnson
Date: 1/24/01
Re: Stop Sign Request
Upper 183rd Street West & Echo Drive
At this intersection, the east-west Upper I 83rd Street West intersects the north-south Echo Drive. There
is no current traffic control at this intersection. Due to the extension of gutters across Echo Drive on
Upper 183rd Street West, a slight dip is created on the north and south sides of the intersection. Signs
placed in advance of the intersection warn northbound and southbound motorists on Echo Drive of the
approaching condition. The eastern leg on Upper 183rd Street West is currently a dead end. However,
the roadway is ready to be expanded east into future neighborhood areas. Two blocks to the west on
Upper 183rd Street West is a four-way stop at the intersection with Embers Avenue, a minor collector
roadway. Several other nearby intersections also do not have any traffic control of the intersection.
In general, all approaches have adequate sight distance. The trees around the intersection do not cause
any problems today. Due to private driveways adjacent to the intersection, vehicles parked in those
driveways could limit northbound and southbound sight distances.
Recommendations
We recommend installing stop sign control on Echo Drive for the following reasons:
. Clear distinction of right-of-way would be given to traffic on Upper 183rd Street West preventing
a situation where a vehicle on that street and a vehicle on Echo Drive approach the intersection
with each expecting the other to stop.
. Upper 183rd Street West connects to a minor collector to the west and will eventually connect to
another neighborhood to the east, making this road the major roadway as compared to Echo
Drive. Therefore, the major roadway should have right-of-way over the minor roadway.
. The placement of a stop sign will avoid motorists missing the advanced warning and hitting the
dip on Echo Drive at a higher speed.
In addition, it is important to check the signs periodically to ensure tree branches or other obstacles do
not block the stop signs from being seen by motorists on Echo Drive.
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36 + 51. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311
Memo
Project Name: Intersection Review
Client: City of Farmington
.11. Bonestroo
.IUI Rosene
G Anderfik &
1 \J 1 Assodates
Engtneers &. Architects
To: Lee Mann
File No: 141-98-000
From: Bryant Ficek & Shelly Johnson
Date: 2/1/01
Re: Stop Sign Request
Empire Trail & Embers Avenue
Empire Trail is an east-west roadway that intersects with Embers Avenue, a north-south roadway.
Empire Trail creates a "T' intersection with Embers A venue with no eastern leg on Empire Trail. There
is no current traffic control of the intersection. To the west, Empire Trail has a four-way stop at the
intersection with Upper 182nd Street West, one block away. To the north, Embers Avenue creates a 'T'
intersection with Emerald Trail. Two blocks south, Embers A venue turns into a minor collector
roadway and intersects with another minor collector. Some other intersections in this area also do not
have any type of traffic control.
In both the northwest and southwest comer lots, small increases in land elevation, trees, fences, and
houses limit the sight distance for each approach. The eastbound approach is limited the most with both
the north and south sight distances blocked until close to the intersection. Due to private driveways
adjacent to the intersection, vehicles parked in those driveways could limit sight distance for any
approach.
Recommendations
We recommend stop sign control on Empire Trail for the following reasons:
. Clear distinction of right-of-way would be given to traffic on Embers Avenue preventing a
situation where a vehicle on that street and a vehicle on Empire Trail approach the intersection
with each expecting the other to stop.
. Due to its connections to other roadways, Embers Avenue appears to be the major roadway.
Thus, right-of-way would be given to the major roadway over the minor roadway, Empire Trail.
. Due to the sight distance limitations mentioned above, westbound traffic on Empire Trail would
have their best sight distance being stopped at the intersection.
In addition, it is important to check the signs periodically to ensure tree branches or other obstacles do
not block the stop signs from being seen by motorists on Empire Trail.
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36 + 51. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311
Memo
Project Name: Intersection Review
Client: City of Farmington
.11. Bonestroo
.... Rosene
-=- Andertik &
1\11 Associates
engineers & Architects
To: Lee Mann
File No: 141-98-000
From: Bryant Ficek & Shelly Johnson
Date: 1/24/01
Re: Stop Sign Request
Oak Street & 5th Street
A four-legged intersection is created where Oak Street, an east-west roadway, intersects with 5th Street,
a north-south roadway. This intersection currently has two-way yield control on 5th Street. To the
north and south of this intersection, 5th Street is again the controlled intersection at intersections with
CSAH 50 (Elm Street), a minor arterial, and Spruce Street, a collector. To the east and west of this
intersection, motorists on Oak Street may proceed at least two blocks before approaching a stop sign.
This intersection is relatively flat with generally good sight distance at all approaches. The lot in the
northwest comer has a fence around the property, which can limit sight distance to the west for
southbound motorists and to the north for eastbound motorists when farther away from the intersection.
However, this obstacle should not cause problems at the low speeds expected in this area. The trees
around this intersection do not currently present a limitation to sight distances.
Recommendations
Two-way stop sign control on 5th Street is recommended for this intersection due to the following
reasons:
. Accident data at this intersection indicates most accidents occur from violation of the yield signs. A
stop sign would provide a greater deterrent to motorists on 5th Street 'running' through the
intersection than the current yield sign.
. Most traffic observed was on Oak Street, suggesting clear right-of-way would continue to be given
to the roadway with the most traffic and minor street traffic on Fifth Street would need to stop.
. Local motorists are familiar with 5th Street having some type of control and Oak Street continuing
without slowing. Therefore, changing the yield sign to a stop sign would not be drastic change to
motorists' expectations of the intersection.
. Other nearby intersections with Oak Street also have some type of control on the intersecting
roadways, suggesting it is desirous to keep Oak Street traffic moving between Main Street and
CSAH 50 (TH 3).
In addition, it is important to check the signs periodically to ensure tree branches or other obstacles do
not block the stop signs from being seen by motorists on 5th Street or create a new sight distance hazard.
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311
Memo
Project Name: Intersection Review
Client: City of Farmington
JLlj Bonestroo
-=- Rosene
"Ii1I Anderlik &
.\1. Associates
Engineers & Architects
To: Lee Mann
File No: 141-98-000
From: Bryant Ficek & Shelly Johnson
Date: 11/02/00
Re: Stop Sign Request
Oak Street & 1st Street
The east-west Oak Street intersects with the north-south I st Street to create a four-legged intersection in
this residential area. This intersection does not currently have any stop control. This section of Oak
Street is quite short with the east leg on Oak Street stopping at a dead end and the west leg extending
just one block to a 'T' intersection with Division Street. Oak Street has stop sign control at that
intersection with Division Street. To the north, 1 st Street has stop control at the intersection with CSAH
50 (Elm Street), a minor arterial, and then continues north. To the south, I st Street is also stop sign
controlled at the intersection with Spruce Street, a collector road, before continuing south. Based on
observations, most traffic is traveling on I st Street.
This intersection is in a generally flat area, which leads to adequate sight distance on all approaches.
Most trees in the sight line do not have low branches and do not present a sight distance obstacle today.
Recommendations
At this intersection, we recommend two-way stop sign control on Oak Street for the following reasons:
. Clear distinction of right-of-way would be given to traffic on I st Street preventing a situation
where a vehicle on I st Street and a vehicle on Oak Street approach the intersection with each
expecting the other to stop.
. Since this roadway section of Oak Street is limited to 2 ~ blocks with only two intersections, we
would expect little traffic. Therefore, right-of-way would be given to 1st Street, the roadway
with the most traffic and minor street traffic on Oak Street would have to stop.
. Traffic on 1 st Street proceeds to stop signs in both north and south directions, which conforms to
a standard 'weaving' approach to stop sign placement, where motorists on a roadway would
approach a stop sign every other block, which is common in many residential areas.
In addition, it is important to periodically check the intersection to ensure the trees do not block the sight
of the stop signs or develop low-hanging branches that may obstruct sight distances.
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311
City of Farmington
325 Oak Street, Farmington, MN 55024
. (651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor & Councilmembers
FROM: Robin Roland, Interim City Administrator
SUBJECT: Supplemental Agenda
DATE: May 7, 2001
It is requested that the May 7, 2001 agenda be amended as follows:
UNFINISHED BUSINESS
11 (a) Ratify Actions Authorizing Sale of Bonds - Finance
At the April 16, 2001 meeting, the City Council gave preliminary approval to the
issuance of bonds subject to maximum interest rate caps. The sales have been
completed and the Council is requested to ratify and adopt the resolutions in their final
form..
Respectfully submitted,
~;1f~
Robin Roland
Interim City Administrator
~
"'--= '
~---~ ~-- .~...-"""".,
I/CL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
Mayor, Council Members
FROM:
SUBJECT:
Robin Roland, Interim City Administrator
Ratify Actions Authorizing Sale of Bonds - Finance
DATE:
INTRODUCTION
May 7, 2001
At the April 16, 2001 meeting, the City Council gave preliminary approval to the issuance of bonds
subject to maximum interest rate caps. This action gave preliminary approval to the resolutions
related to each bond issue. The sales have been completed under the cap limitations. Now that
the bond sales are complete, the Council is requested to ratify and adopt the resolutions in their
final form.
DISCUSSION
Resolution 40-01 approves the issuance of $1,645,000 General Obligation Utility Revenue Bonds,
Series 2001 B. The interest rates cap was 5.20%. The true interest cost on these bonds upon
final sale was 5.04%.
Resolution 41-01 approves the issuance of $870,000 General Obligation Permanent Improvement
Revolving Fund Bonds, Series 2001 C. The interest rates cap was 4.70%. The true interest cost
on these bonds upon final sale was 4.52%.
Resolution 42-01 approves the execution of a ground lease and a lease agreement providing for
the construction of a Central Maintenance Facility and Police station to be leased from the HRA by
the City. The interest rates cap was 5.30%. True interest cost on those bonds upon final sale
was 5.17%.
The resolutions attached to this memo have been prepared by Dorsey & Whitney (bond counsel)
to establish the final terms of the two bond issues and the lease agreements. These resolutions
mirror the resolutions presented to the City Council on April 16 with modifications to incorporate
the final terms of each financing. The HRA will be adopting the final resolution for the Public
Project Revenue Bonds at their May 14,2001 meeting.
ACTION REQUIRED
Adopt the attached resolutions establishing the final terms of the $1,645,000 General Obligation
Utility Revenue Bonds, Series 2001 B, the $870,000 General Obligation Permanent Improvement
Revolving Fund Bonds, Series 2001C and the execution of the ground lease and lease agreement
with the HRA.
Respectfully submitted,
~~~
Robin Roland
Interim City Administrator
CERTIFICATION OF MINUTES RELATING TO
PUBLIC PROJECT REVENUE BONDS, SERIES 2001A
(ANNUAL APPROPRIATION LEASE OBLIGATIONS)
CITY OF FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY
Municipality: City of Farmington
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on May 7, 2001, at 7:00 o'clock
p.m., at the City Hall, Farmington, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting, including:
RESOLUTION AUTHORIZING THE EXECUTION OF A GROUND LEASE
AND A LEASE AGREEMENT PROVIDING FOR THE CONSTRUCTION OF
A CENTRAL MAINTENANCE AND PUBLIC SAFETY FACILITY AND THE
LEASE THEREOF BY THE CITY, AND APPROVING THE FORM OF A
RESOLUTION AND AN OFFICIAL STATEMENT
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
the corporation in my legal custody, from which they have been transcribed; that the documents
are a correct and complete transcript of the minutes of a meeting of the governing body of the
corporation, and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at the meeting, insofar as they relate to the bonds;
and that the meeting was duly held by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and notice of such meeting given as
required by law.
WITNESS my hand officially as such recording on May 7, 2001.
Acting City Administrator
Councilmember introduced the following resolution and moved
its adoption, which motion was seconded by Councilmember
RESOLUTION AUTHORIZING THE EXECUTION OF A GROUND LEASE
AND A LEASE AGREEMENT PROVIDING FOR THE CONSTRUCTION OF
A CENTRAL MAINTENANCE AND PUBLIC SAFETY FACILITY AND THE
LEASE THEREOF BY THE CITY, AND APPROVING THE FORM OF A
RESOLUTION AND AN OFFICIAL STATEMENT
WHEREAS, the City of Farmington (the "City") desires to provide adequate facilities for
maintenance and public safety; and,
WHEREAS, pursuant to Minnesota Statutes, Sections 465.71 and 471.64, the City is
authorized to enter into leases of real property, with an option to purchase, provided that the City
retains the right to cancel said lease-purchase contract at the end of any fiscal year during its
term; and,
WHEREAS, pursuant to said statutory authority, the City proposes to enter into a Lease
Agreement, dated as of May 1,2001 (the "Lease"), with the City of Farmington Housing and
Redevelopment Authority (the "Authority"), as lessor, and the City, as lessee, pursuant to which
the Authority will acquire, construct and furnish a Central Maintenance and Public Safety
Facility (the "Central Maintenance and Public Safety Facility"), and the City will lease the
Central Maintenance and Public Safety Facility from the Authority; and,
WHEREAS, the Authority (a) authorized the sale of its $5,820,000 Public Project
Revenue Bonds, Series 2001A (Annual Appropriation Lease Obligations) (the "Bonds"), to
finance the cost of acquiring, constructing and furnishing the Central Maintenance and Public
Safety Facility pursuant to action of the Board of Commissioners of the Authority on April 16,
2001 and (b) proposes to adopt a final resolution awarding the sale of the Bonds on May 14,
2001 (the "Bond Resolution);
WHEREAS, a form of the Lease and the Bond Resolution have been submitted to and
reviewed by this Council, along with the form of a proposed Ground Lease, to be dated as of
May 1,2001 (the "Ground Lease"), between the City, as lessor, and the Authority, as lessee,
pursuant to which the City will ground lease to the Authority the real estate upon which the
Central Maintenance and Public Safety Facility will be constructed (as permitted by Minnesota
Statutes, Section 465.035).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington
that the City hereby approves the form of the Lease and Ground Lease and the Mayor and Acting
City Administrator are authorized and directed to execute, attest and deliver the Lease and
Ground Lease on behalf of the City. All of the provisions of the Lease and Ground Lease, when
executed and delivered as authorized herein, shall be deemed to be a part of this resolution as
fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect
from the date of execution and delivery thereof. The Lease and Ground Lease shall be
substantially in the form submitted to this Council with such necessary and appropriate
variations, omissions and insertions as permitted or required, or as the Mayor, in his discretion,
shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such
determination.
BE IT FURTHER RESOLVED that the City Council hereby approves the form of the
Official Statement, relating to the Bonds (the "Official Statement"), a draft of which has been
submitted to and received by this Council, and hereby ratifies and confirms its use and
distribution to potential purchasers of the Bonds.
BE IT FURTHER RESOLVED that the City hereby approves the terms of the Bond
Resolution and the sale of the Bonds pursuant thereto, and approves the terms of the Bonds as set
forth in said Bond Resolution and the Indenture (as defined in the Bond Resolution).
BE IT FURTHER RESOLVED AS FOLLOWS:
Continuing Disclosure:
(a) Purpose and Beneficiaries. To provide for the public availability of certain
information relating to the Bonds and the security therefor and to permit the Purchaser and other
participating underwriters in the primary offering of the Bonds to comply with amendments to
Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F .R. ~
240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the
Rule), which will enhance the marketability of the Bonds, the City hereby makes the following
covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to
time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds
within the meaning of the Rule for purposes of identifying the entities in respect of which
continuing disclosure must be made. The City has complied in all material respects with any
undertaking previously entered into by it under the Rule. If the City fails to comply with any
provisions of this section, any person aggrieved thereby, including the Owners of any
Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance reasonably
satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any
person or entity which 0) has the power, directly or indirectly, to vote or consent with respect to,
-2-
or to dispose of ownership of, such Bond (including persons or entities holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for
federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2000, the following financial information and
operating data in respect ofthe City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as to
accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) To the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings: Current
Property Valuations, Larger Taxpayers, Direct Debt, Overlapping Debt, Debt
Rations, Tax Levies and Collections, Net Tax Capacity Rates, Population Trend
and Employment/Unemployment.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been submitted
to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
-3-
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from
and after such determination, the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(l) or subsection (d), then the City shall
include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of financial
information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which is a
Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities;
and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
-4-
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(l) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared; and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described in
subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
(I) the information described in paragraph (1) of subsection (b), to each then nationally
recognized municipal securities information repository under the Rule and to any state
information depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the State Depository), ifany;
(2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal
Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection (b), to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or,
if such information is transmitted with a subsequent time of release, at the time such
information is to be released.
(d) Term; Amendments; Interpretation.
(I) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations of
the City under this section shall terminate and be without further effect as of any date
on which the City delivers to the Registrar an opinion of Bond Counsel to the effect
that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section will
not cause participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act
of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof.
-5-
(2) This section (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the City
and others and the opinion may be subject to customary qualifications, to the effect
that: (i) such amendment or supplement (a) is made in connection with a change in
circumstances that arises from a change in law or regulation or a change in the identity,
nature or status of the City or the type of operations conducted by the City, or (b) is
required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii)
this section as so amended or supplemented would have complied with the
requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the
Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and
assuming that the Rule as in effect and interpreted at the time of the amendment or
supplement was in effect at the time of the primary offering; and (Hi) such amendment
or supplement does not materially impair the interests of the Bondowners under the
Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of financial
information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of the
Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of
the Rule.
BE IT FINALLY RESOLVED that this resolution shall be in full force and effect from
and after its passage and that a certified copy hereof be provided to the Authority.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
-6-
CERTIFICATION OF MINUTES RELATING TO $1,650,000
GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2001B
Issuer: City of Farmington, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on May 7, 2001, at 7:00 o'clock
p.m., at the City Hall, Farmington, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, A WARDING SALE, PRESCRIBING
THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF
$1,650,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES
2001 B
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said documents
are a correct and complete transcript of the minutes of a meeting of the governing body of said
corporation, and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to said bonds;
and that said meeting was duly held by the governing body at the time and place and was
attended throughout by the members indicated above, pursuant to call and notice of such meeting
given as required by law.
WITNESS my hand officially as such recording officer on May 7, 2001
Acting City Administrator
Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $1,650,000 GENERAL OBLIGATION UTILITY REVENUE
BONDS, SERIES 2001 B
BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City),
as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. The City Council hereby determines that it is in the best interest of
the City to issue its $1,650,000 principal amount of General Obligation Utility Revenue Bonds,
Series 2001B (the Bonds). Proceeds ofthe Bonds will be used to finance the construction of the
portion of the Central Maintenance Facility and Law Enforcement Center (the Project) related to
the City's municipal water, sewer, storm water and solid waste utilities (collectively, the
Utilities).
1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., as independent
financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes,
Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to
the issuance of the Bonds. Ehlers & Associates, Inc. has solicited on behalf of the City a bid for
the purchase of the Bonds, and such solicitation by Ehlers & Associates, Inc. is hereby approved
and ratified. The Board has received an offer from Dain Rauscher Incorporated, in Minneapolis,
Minnesota (the Purchaser), to purchase the Bonds at a price of$I,622,032.05 plus accrued
interest of $3,262.86 from the dated date of the Bonds, to the closing date, May 16,2001, on the
further terms and conditions hereinafter set forth. The proposal is hereby accepted, and the
Mayor and the Acting City Administrator are hereby authorized and directed to execute a
contract on the part of the City for the sale of the Bonds with the Purchaser.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities: Interest Rates: Denominations and Payment. The Bonds shall be dated
originally as of May 1,2001, shall be in the denomination of $5,000 each, or any integral
multiple thereof, of single maturities, shall mature on February I in the years and amounts stated
below, and shall bear interest from date of original issue until paid or duly called for redemption
at the respective annual rates set forth opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2003 $55,000 3.55% 2009 $65,000 4.40%
2004 55,000 3.70 2010 70,000 4.50
2005 55,000 3.90 2011 75,000 4.55
2006 60,000 4.00 2012 75,000 4.65
2007 60,000 4.15 2016 350,000 5.05
2008 65,000 4.30 2022 665,000 5.20
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond at the principal office of the Registrar described herein, the principal
amount thereof shall be payable by check or draft issued by the Registrar described herein;
provided that, so long as the Bonds are registered in the name of a securities depository, or a
nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable
in accordance with the operational arrangements of the securities depository.
2.03. Dates and Interest Pavment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on each February 1 and August 1, commencing February 1,2002,
each such date being referred to herein as an Interest Payment Date, to the person in whose
names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's
close of business on the fifteenth day of the calendar month next preceding such Interest Payment
Date, whether or not such day is a business day. Interest shall be computed on the basis ofa 360
day year composed of twelve 30 day months.
2.04. RedemDtion. (A) Optional Redemption. Bonds maturing in 2011 and later years
shall be subject to redemption and prepayment at the option of the City, in whole or in part, in
such order as the City shall determine and within a maturity by lot as selected by the Registrar
(or, if applicable, by the bond depository in accordance with its customary procedures) in
multiples of $5,000, on February 1,2010, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Administrator
shall cause notice of the call for redemption thereof to be published as required by law and, at
least thirty days prior to the designated redemption date, shall cause notice of the call for
redemption to be mailed, by first class mail, to the registered owners of any Bonds to be
redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof
but no defect in or failure to give such mailed notice of redemption shall affect the validity of
proceedings for the redemption of any Bond not affected by such defect or failure; provided that
notice shall be given to any securities depository in accordance with its operational arrangements.
Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so
to be redeemed shall, on the redemption date, become due and payable at the redemption price
therein specified, and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without
charge, representing the remaining principal amount outstanding.
-2-
(B) Mandatory Redemption. Bonds maturing on February 1,2016 and 2022, shall be
subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of
this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest
accrued thereon to the redemption date, without premium. The Registrar shall select for
redemption, by lot or other manner deemed fair, on February I in each of the following years the
following stated principal amount of such bonds:
Year
Principal Amount
2013
2014
2015
$80,000
85,000
90,000
The remaining $95,000 stated principal amount of such Bonds shall be paid at maturity on
February 1,2016.
Year
Principal Amount
2017
2018
2019
2020
2021
$95,000
100,000
105,000
110,000
120,000
The remaining $125,000 stated principal amount of such Bonds shall be paid at maturity on
February 1,2022.
Notice of redemption shall be given as provided in the preceding paragraph.
2.05. Appointment of Initial Registrar. The City hereby appoints National City Bank of
Minneapolis in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying
agent (the Registrar). The Mayor and the Acting City Administrator are authorized to execute
and deliver, on behalf ofthe City, a contract with the Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges ofthe
Registrar for the services performed. The City reserves the right to remove the Registrar upon
thirty day's notice and upon the appointment of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar .
and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duti~ of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
-3-
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each Interest Payment Date and until such
Interest Payment Date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated. Lost. Stolen or Destroved Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any such
Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges
-4-
of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. All Bonds so
surrendered to the Registrar shall be canceled by it and evidence of such cancellation
shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its terms it shall not be
necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating agent
for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1,
as amended.
G) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution. Authentication and Delivery. The Bonds shall be prepared under the
direction of the Acting City Administrator and shall be executed on behalf of the City by the
signatures of the Mayor and the Acting City Administrator, provided that all signatures may be
printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature
or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before
the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for
all purposes, the same as ifhe or she had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentication on such Bond has
been duly executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be signed by the same representative.
The executed certificate of authentication on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this Resolution. When the Bonds have been so prepared,
executed and authenticated, the Administrator shall deliver them to the Purchaser upon payment
of the purchase price in accordance with the contract of sale heretofore made and executed, and
the Purchaser shall not be obligated to see to the application of the purchase price.
2.08. Securities Deoository. (a) For purposes of this section the following tenns shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee
of DTC with respect to the Bonds.
-5-
"DTC" shall mean The Depository Trust Company of New York, New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which the sender
agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee ofDTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or required
to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any
Participant of any person to receive payment in the event of a partial redemption of the Bonds, or
with respect to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar
shall pay all principal of and interest on such Bond, and shall give all notices with respect to such
Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such
payments shall be valid and effective to fully satisfy and discharge the City's obligations with
respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No
person other than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the City to make payments of principal and interest. Upon delivery
by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a
new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in
accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance
with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e) hereof.
-6-
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or Acting City Administrator is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be printed in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF FARMINGTON
GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 2001B
Maturity Date
Date of Original Issue
CUSIP No.
Interest Rate
May 1,2001
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF FARMINGTON, COUNTY OF DAKOTA, STATE OF MINNESOTA
(the City), acknowledges itself to be indebted and hereby promises to pay to the registered owner
named above, or registered assigns, the principal amount specified above on the maturity date
specified above and promises to pay interest thereon from the date of original issue specified
above or from the most recent Interest Payment Date (as hereinafter defined) to which interest
has been paid or duly provided for, at the annual rate specified above, payable on February 1 and
August 1 of each year, commencing February 1,2002 (each such date, an Interest Payment Date),
all subject to the provisions referred to herein with respect to the redemption of the principal of
this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to
the person in whose name this Bond is registered at the close of business on the fifteenth day
(whether or not a business day) of the calendar month next preceding such Interest Payment Date.
Interest hereon shall be computed on the basis ofa 360-day year composed of twelve 30-day
months. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money ofthe United States of America by check or draft by National City Bank
of Minneapolis in Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent
(the Registrar), or its designated successor under the Resolution described herein. For the
-7-
prompt and full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one ofan issue (the Bonds) in the aggregate principal amount of$I,650,000
issued pursuant to a resolution adopted by the City Council on May 7, 2001 (the Resolution), to
finance the construction of the portion of the Central Maintenance Facility and Law Enforcement
Center related to the City's municipal water, sewer, storm water and solid waste utilities (the
Utilities) and is issued pursuant to and in full conformity with the Constitution and laws of the
State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475 and Section
444.075. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or
any integral multiple thereof, of single maturities.
Bonds maturing in 2011 and later years are each subject to redemption and prepayment at
the option of the City, in whole or in part, in such order as the City shall determine and, within a
maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in
accordance with its customary procedures) in multiples of $5,000, on February 1,2010, and on
any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the
date of redemption. The City will cause notice of the call for redemption to be published as
required by law and, at least thirty days prior to the designated redemption date, will cause notice
of the call thereof to be mailed by first class mail to the registered owner of any Bond to be
redeemed at the owner's address as it appears on the bond register maintained by the Registrar,
but no defect in or failure to give such mailed notice of redemption shall affect the validity of
proceedings for the redemption of any Bond not affected by such defect or failure. Official
notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the redemption price therein
specified, and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without
charge, representing the remaining principal amount outstanding.
Bonds maturing in the year 2016 and 2022 shall be subject to mandatory redemption, at a
redemption price equal to their principal amount plus interest accrued thereon to the redemption
date, without premium, on February 1 in each of the years shown below, in an amount equal to
the following principal amounts:
I.~rm Bonds Maturing in 2016
Term Bonds Maturing in 2022
Sinking Fund
Payment Date
Aggregate
Principal Amount
Sinking Fund
Payment Date
Aggregate
Principal Amount
2013
2014
2015
2016 (maturity)h
$80,000
85,000
90,000
95,000
2017 $95,000
2018 100,000
2019 105,000
2020 110,000
2021 120,000
2022 (maturity) 125,000
-8-
Notice of redemption shall be given as provided in the preceding paragraph.
The Bonds have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required; that, in and by the
Resolution, the City has covenanted and agreed it will impose and collect charges for the service,
use and availability of the Utilities at the times and in the amounts required to produce net
revenues which, together with any other funds appropriated by the City, will be not less than five
percent in excess of the amounts necessary to pay the principal of and interest on the Bonds when
due; that if necessary for payment of such principal and interest, ad valorem taxes are required to
be levied upon all taxable property in the City, without limitation as to rate or amount; that the
issuance of this Bond, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation of indebtedness; and that the opinion
printed hereon is a full, true and correct copy of the legal opinion given by Bond Counsel with
reference to the Bonds, dated as of the date of original delivery of the Bonds.
-9-
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and Acting City Administrator.
CITY OF FARMINGTON, MINNESOTA
Attest: (Facsimile Signature - Acting City Administrator)
(Facsimile Signature -Mayor)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
NATIONAL CITY BANK OF
MINNEAPOLIS, as Registrar
By
Authorized Representative
[insert legal opinion]
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN ENT --as tenants by the entireties
UTMA ................... as Custodian for ................
(Cust) (Minor)
under Uniform Transfers to Minors Act ......
(State)
TEN COM --as tenants in common
JT TEN --as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably
constitute and appoint attorney to transfer the said Bond on the books kept
for registration of the within Bond, with full power of substitution in the premises.
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Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular~ without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar~ which requirements include membership or participation in STAMP or such
other "signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP~ all in accordance with the Securities Exchange Act of 1934~ as
amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
SECTION 3. GENERAL OBLIGATION UTILITY REVENUE BONDS. SERIES 200lB
CONSTRUCTION FUND. There is hereby established on the official books and records of the
City a separate fund designated the General Obligation Utility Revenue Bonds~ Series 200lB
Construction Fund (the Construction Fund). The Construction Fund shall be maintained until all
costs and expenses attributable to the Utilities in connection with the construction of the Project
have been paid. To the Construction Fund there shall be credited from the proceeds of the
Bonds~ the sum of $ and from the Construction Fund there shall be paid all
costs and expenses incurred by the City in construction of the Project attributable to the Utilities.
After payment of all such costs~ the Construction Fund shall be discontinued. Any Bond
proceeds remaining on hand in the Construction Fund after payment of all such costs and
expenses shall be transferred to the Debt Service Fund created pursuant to Section 4 hereof.
SECTION 4. GENERAL OBLIGATION UTILITY REVENUE BONDS. SERIES 200lB DEBT
SERVICE FUND. There is hereby established on the official books and records of the City a
separate fund designated the General Obligation Utility Revenue Bonds~ Series 2001 Debt
Service Fund (the Debt Service Fund). The principal of and interest on the Bonds shall be
payable from the Debt Service Fund and the Debt Service Fund shall be maintained until the City
has paid~ or made provision for the payment of~ all of the principal of and interest on the Bonds.
If the balance on hand in the Debt Service Fund is at any time insufficient to pay principal and
interest then due on the Bonds~ such amounts shall be paid from other money on hand in other
funds of the City ~ which other funds shall be reimbursed therefor when sufficient money
becomes available in the Debt Service Fund. The money on hand in the Debt Service Fund from
time to time shall be used only to pay the principal of and interest on the Bonds. Into the Debt
Service Fund shall be paid (a) the amounts specified in Section 3 above~ (b) net revenues of the
Utilities appropriated to the payment of the Bonds and interest thereon in accordance with
Section 6hereof~ (c) any taxes collected pursuant to Section 7 hereof~ and (d) any other funds
appropriated by the Council for the payment of the Bonds.
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SECTION 5. SUFFICIENCY OF UTILITY REVENUES. It is hereby found~ determined and
declared that the City owns and operates the Utilities as revenue-producing utilities and
conveniences and that the net operating revenues of the Utilities~ after deducting from the gross
receipts derived from charges for the service, use and availability of the Utilities the expenses of
operation and maintenance thereof (excluding interest, amortization and depreciation), will be
sufficient, with any other funds actually appropriated by the City, for the payment when due of
the principal of and interest on the Bonds herein authorized, and on any other bonds or other
obligations of the City to which such revenues are or may be pledged. The Bonds shall not be
secured by a mortgage lien upon or security interest in any part of the Utilities.
SECTION 6. RATE COVENANT. Pursuant to Minnesota Statutes, Section 444.075, the City
hereby agrees with the registered owners from time to time of the Bonds, that until the Bonds and
the interest thereon are paid in full, or are discharged as provided in Section 8, the City will
impose and collect reasonable charges for the service, use and availability of the Utilities,
according to schedules which will produce net revenues sufficient, with any other funds
appropriated by the City ~ to pay all principal and interest when due on the Bonds and any other
bonds or other obligations of the City to which said net revenues have been or may be pledged;
and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to
the payment of the principal of and interest on the Bonds and shall be credited to the Debt
Service Fund as required. Nothing herein shall preclude the City from hereafter making further
pledges and appropriations of the net revenues of the Utilities for payment of additional bonds or
other obligations of the City hereafter authorized if the Council determines before the
authorization of such additional obligations that the estimated net revenues of the Utilities will be
sufficient, with any other sources pledged to the payment of the Bonds, any other outstanding
obligations payable in whole or in part from said net revenues and the additional obligations, for
payment of the Bonds, any such other outstanding obligations and such additional obligations.
Such further pledges and appropriations of said net revenues may be made superior or
subordinate to, or on a parity with, the pledge and appropriation of net revenues herein made.
SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due, the City hereby
irrevocably pledges its full faith, credit and unlimited taxing powers. However, the City
presently estimates that the net revenues of the Utilities available to be appropriated to the Debt
Service Fund, together with any other funds to be appropriated by the City to the Debt Service
Fund, will be at least five percent in excess of the amounts needed to meet when due the
principal and interest payments on the Bonds and therefore no ad valorem taxes are required to
be levied at this time.
SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this
section, all pledges, covenants and other rights granted by this Resolution to the holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
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are prepayable according to their terms, by depositing with the Registrar on or before that date an
amount equal to the principal, interest and redemption premium, if any, which are then due,
provided that notice of such redemption has been duly given as provided herein. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a bank qualified by law as an escrow agent for this purpo~e, cash or securities which are
authorized by law to be so deposited, bearing interest payable at such time and at such rates and
maturing or callable at the holder's option on such dates as shall be required to pay all principal,
interest and redemption premiums to become due thereon to maturity or earlier designated
redemption date.
SECTION 9. CERTIFICATION OF PROCEEDINGS.
9.01. Registration of Bonds. The Acting City Administrator is hereby authorized and
directed to file a certified copy of this Resolution with the Public Service and Revenue Division
of Dakota County, together with such additional information as the Division Director may
require, and to obtain from the Division Director a certificate that the Bonds have been duly
entered upon the Division Director's bond register.
9.02. Authentication of Transcript. The officers of the City and the Dakota County
Public Service and Revenue Division are hereby authorized and directed to prepare and furnish to
the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings
and records relating to the Bonds and such other affidavits, certificates and information as may
be required to show the facts relating to the legality and marketability of the Bonds, as the same
appear from the books and records in their custody and control or as otherwise known to them,
and all such certified copies, affidavits and certificates, including any heretofore furnished, shall
be deemed representations of the City as to the correctness of all statements contained therein.
9.03. Official Statement. The Official Statement relating to the Bonds, dated April 5,
2001, and the Final Official Statement~ dated April 25, 2001, relating to the Bonds prepared and
distributed by Ehlers & Associates, Inc., the financial advisor for the City~ is hereby approved.
Ehlers & Associates~ Inc., is hereby authorized on behalf of the City to prepare and distribute to
the Purchaser within seven business days from the date hereof~ a supplement to the Official
Statement listing the offering price~ the interest rates, selling compensation, delivery date, the
underwriters and such other information relating to the Bonds required to be included in the
Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission (the
SEC) under the Securities Exchange Act of 1934. The officers of the City are hereby authorized
and directed to execute such certificates as may be appropriate concerning the accuracy,
completeness and sufficiency of the Official Statement.
9.04. Authorization ofPavment of Certain Costs of Issuance of the Bonds. The District
authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of
issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing
date for further distribution as directed by the District's financial advisor, Ehlers & Associates,
Inc.
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SECTION 10. TAX COVENANTS; ARBITRAGE MATTERS; REIMBURSEMENT AND
CONTINUING DISCLOSURE.
10.01. General Tax Covenant. The City covenants and agrees with the registered owners
of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or
agents, any action which would cause the interest payable on the Bonds to become subject to
taxation under the Code and applicable Treasury Regulations (the Regulations), and covenants to
take any and all actions within its powers to ensure that the interest on the Bonds will not become
includable in gross income of the recipient under the Code and the Regulations. All proceeds of
the Bonds deposited in the Construction Fund will be expended solely for the payment of the
costs.ofthe Project (or other improvements to the Utilities authorized pursuant to Minnesota
Statutes, Section 444.075). The Project financed by the Bonds shall at all times during the term
of the Bonds be owned and maintained by the City and the City shall not enter into any lease, use
agreement, management agreement~ capacity agreement or other agreement or contract with any
nongovernmental person relating to the use of the Project, or any of them, or security for the
payment ofthe Bonds which might cause the Bonds to be considered "private activity bonds" or
"private loan bonds" pursuant to Section 141 of the Code.
10.02. Arbitrage Certification. The Mayor and Acting City Administrator being the
officers of the City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in
accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating
the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds
which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner
that would cause the Bonds to be arbitrage bonds within the meaning of the Code and
Regulations.
10.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(t) of the Code. The City covenants and agrees to retain such records,
make such determinations, file such reports and documents and pay such amounts at such times
as are required under Section 148(t) and applicable Regulations to preserve the exclusion of
interest on the Bonds from gross income for federal income tax purposes, unless the Bonds
qualify for an exception from the rebate requirement pursuant to one of the spending exceptions
set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than
amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the
original proceeds thereof.
10.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Project which the City paid
or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to
such prior expenditures, the City shall have made a declaration of official intent which complies
with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall
not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project
meeting the requirements of Section 1. 150-2(t)(l) of the Regulations, or (ii) with respect to
"preliminary expenditures" for the Project as defined in Section 1. 150-2(t)(2) of the Regulations,
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including engineering or architectural expenses and similar preparatory expenses, which in the
aggregate do not exceed 20% of the "issue price" of the Bonds.
10.05 ~ualified Tax-Exempt Obligations. The City Council hereby designates the Bonds
as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to
the disallowance of interest expense for financial institutions, and hereby finds that the
reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of
Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities
during calendar year 2001 does not exceed $10,000,000.
10.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to comply
with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of
1934 (17 C.F.R. ' 240.15c2-12), relating to continuing disclosure (as in effect and interpreted
from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby
makes the following covenants and agreements for the benefit of the Owners (as hereinafter
defined) from time to time of the Outstanding Bonds. The City is the only obligated person in
respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in
respect of which continuing disclosure must be made. The City has complied in all material
respects with any undertaking previously entered into by it under the Rule. If the City fails to
comply with any provisions of this section~ any person aggrieved thereby, including the Owners
of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance reasonably
satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any
person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to,
or to dispose of ownership of, such Bond (including persons or entities holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for
federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in
subsection (c) hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2000, the following financial information and
operating data in respect of the City (the Disclosure Information):
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(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended,
showing in comparative form such figures for the preceding fiscal year of the
City, prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of
the City, noting the discrepancies therefrom and the effect thereof, and
certified as to accuracy and completeness in all material respects by the fiscal
officer of the City; and
(B) To the extent not included in the financial statements referred to in paragraph
(A) hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings:
Current Property Valuations, Larger Taxpayers, Direct Debt, Overlapping
Debt, Debt Rations, Tax Levies and Collections, Net Tax Capacity Rates,
Population Trend and EmploymentlUnemployment.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been submitted
to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact (as defined in paragraph (2) hereot), then, from
and after such determination, the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(I) or subsection (d), then the City shall
include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of financial
information or operating data provided.
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(2) In a timely manner, notice of the occurrence of any of the following events which is a
Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(1) Release, substitution~ or sale of property securing repayment of the securities;
and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement~ information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)( 1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared; and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described in
subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
(1) the information described in paragraph (1) of subsection (b)~ to each then nationally
recognized municipal securities information repository under the Rule and to any state
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information depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the State Depository)~ if any;
(2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal
Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection (b), to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or,
if such information is transmitted with a subsequent time of release, at the time such
information is to be released.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations of
the City under this section shall terminate and be without further effect as of any date
on which the City delivers to the Registrar an opinion of Bond Counsel to the effect
that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section will
not cause participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act
of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the City
and others and the opinion may be subject to customary qualifications, to the effect
that: (i) such amendment or supplement (a) is made in connection with a change in
circumstances that arises from a change in law or regulation or a change in the identity,
nature or status of the City or the type of operations conducted by the City, or (b) is
required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii)
this section as so amended or supplemented would have complied with the
requirements of paragraph (b)( 5) of the Rule at the time of the primary offering of the
Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and
assuming that the Rule as in effect and interpreted at the time of the amendment or
supplement was in effect at the time of the primary offering; and (iii) such amendment
or supplement does not materially impair the interests of the Bondowners under the
Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
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reasons for the amendment and the effect, if any, of the change in the type of financial
information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of the
Rule and should be construed so as to satisfy the requirements of paragraph (b)( 5) of
the Rule.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the Resolution was declared duly passed and adopted.
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DAKOTA COUNTY PUBLIC SERVICE AND REVENUE DIVISION
DIRECTOR CERTIFICATE AS TO REGISTRATION
The undersigned, being the duly qualified and acting Public Service and Revenue
Division Director of Dakota County, Minnesota, hereby certifies that there has been filed in my
office a certified copy of a resolution duly adopted on May 7, 2001, by the City Council of the
City of Farmington, Minnesota, setting forth the form and details of an issue of $1,650,000
General Obligation Utility Revenue Bonds, Series 2001B, dated as of May 1,2001.
I further certify that the issue has been entered on my bond register, as required by
Minnesota Statutes, Sections 475.62 and 475.63.
WITNESS my hand officially on this _ day of May, 2001.
Public Service and Revenue Division Director
(SEAL)
CERTIFICATION OF MINUTES RELATING TO
$870,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT
REVOLVING FUND BONDS, SERIES 2001C
Issuer: City of Farmington, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on May 7,2001 at 7:00 o'clock
p.m., at the City Hall, Farmington, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $870,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT REVOLVING FUND BONDS, SERIES 2001 C
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said documents
are a correct and complete transcript of the minutes of a meeting of the governing body of said
corporation, and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to said bonds;
and that said meeting was duly held by the governing body at the time and place and was
attended throughout by the members indicated above, pursuant to call and notice of such meeting
given as required by law.
WITNESS my hand officially as such recording officer on May 7, 2001.
Acting City Administrator
Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION AUTHORIZING ISSUANCE, A WARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $870,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT REVOLVING FUND BONDS, SERIES 2001C
BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City),
as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. The City Council hereby determines that it is in the best interest of
the City to issue its $870,000 General Obligation Permanent Improvement Revolving Fund
Bonds, Series 2001C (the Bonds) of the City to finance from the Permanent Improvement
Revolving Fund the costs of various public improvements in the City described in Exhibit I
attached hereto (the Projects).
1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., as independent
financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes,
Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to
the issuance of the Bonds. Ehlers & Associates, Inc. has solicited on behalf of the City a bid for
the purchase of the Bonds, and such solicitation by Ehlers & Associates, Inc. is hereby approved
and ratified. The Board has received an offer from Dain Rauscher Incorporated, in Minneapolis,
Minnesota (the Purchaser), to purchase the Bonds at a price of$861~300.00 plus accrued interest
of$I,425.08 from the dated date of the Bonds, to the closing date, May 16,2001, on the further
terms and conditions hereinafter set forth. The proposal is hereby accepted, and the Mayor and
the Acting City Administrator are hereby authorized and directed to execute a contract on the part
of the City for the sale of the Bonds with the Purchaser.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be dated
originally as of May 1,2001, shall be in the denomination of $5,000 each, or any integral
multiple thereof~ of single maturities, shall mature on February 1 in the years and amounts stated
below, and shall bear interest from date of original issue until paid or duly called for redemption
at the respective annual rates set forth opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2003 $70,000 3.55% 2008 $90,000 4.30%
2004 75,000 3.70 2009 90,000 4.40
2005 80,000 3.90 2010 95,000 4.50
2006 80,000 4.00 2011 100,000 4.55
2007 85,000 4.15 2012 105,000 4.65
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond at the principal office of the Registrar described herein, the principal
amount thereof shall be payable by check or draft issued by the Registrar described herein;
provided that, so long as the Bonds are registered in the name of a securities depository, or a
nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable
in accordance with the operational arrangements of the securities depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on each February 1 and August 1, commencing February 1,2002,
each such date being referred to herein as an Interest Payment Date, to the person in whose
names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's
close of business on the fifteenth day of the calendar month next preceding such Interest Payment
Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360
day year composed of twelve 30 day months.
2.04. Redemption. Bonds maturing in 2009 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order as the
City shall determine and within a maturity by lot as selected by the Registrar (or, if applicable, by
the bond depository in accordance with its customary procedures) in multiples of $5,000, on
February 1,2008, and on any date thereafter~ at a price equal to the principal amount thereof and
accrued interest to the date of redemption. The City Administrator shall cause notice of the call
for redemption thereof to be published as required by law and, at least thirty days prior to the
designated redemption date, shall cause notice of the call for redemption to be mailed, by first
class mail, to the registered owners of any Bonds to be redeemed at their addresses as they appear
on the bond register described in Section 2.06 hereof but no defect in or failure to give such
mailed notice of redemption shall.affect the validity of proceedings for the redemption of any
Bond not affected by such defect or failure; provided that notice shall be given to any securities
depository in accordance with its operational arrangements. Official notice of redemption having
been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified, and from and
after such date (unless the City shall default in the payment of the redemption price) such Bonds
or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new
Bond or Bonds will be delivered to the registered owner without charge, representing the
remaining principal amount outstanding.
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2.05. Appointment ofInitial Registrar. The City hereby appoints National City Bank of
Minneapolis in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying
agent (the Registrar). The Mayor and the Acting City Administrator are authorized to execute
and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon
thirty day's notice and upon the appointment of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument oftransfer~ in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each Interest Payment Date and until such
Interest Payment Date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity~ as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
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(t) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost~ the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any such
Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges
of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. All Bonds so
surrendered to the Registrar shall be canceled by it and evidence of such cancellation
shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its terms it shall not be
necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating agent
for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1,
as amended.
G) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution. Authentication and Deliverv. The Bonds shall be prepared under the
direction of the Acting City Administrator and shall be executed on behalf of the City by the
signatures of the Mayor and the Acting City Administrator, provided that all signatures may be
printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature
or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before
the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for
all purposes, the same as ifhe or she had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentication on such Bond has
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been duly executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be signed by the same representative.
The executed certificate of authentication on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this Resolution. When the Bonds have been so prepared,
executed and authenticated, the Administrator shall deliver them to the Purchaser upon payment
of the purchase price in accordance with the contract of sale heretofore made and executed, and
the Purchaser shall not be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee
of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New York.
"Participant" shall mean any broker-dealer~ bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which the sender
agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee ofDTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any~ giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or required
to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any
Participant of any person to receive payment in the event of a partial redemption of the Bonds, or
with respect to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee ofDTC, the Registrar
shall pay all principal of and interest on such Bond, and shall give all notices with respect to such
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Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such
payments shall be valid and effective to fully satisfy and discharge the City's obligations with
respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No
person other than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the City to make payments of principal and interest. Upon delivery
by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a
new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in
accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance
with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or Acting City Administrator is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be printed in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF FARMINGTON
GENERAL OBLIGATION PERMANENT IMPROVEMENT
REVOLVING FUND BOND, SERIES 2001C
Rate
Maturity
Date of Original Issue
CUSIP
May 1,2001
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REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF FARMINGTON, COUNTY OF DAKOTA, STATE OF MINNESOTA
(the City), acknowledges itself to be indebted and hereby promises to pay to the registered owner
named above~ or registered assigns, the principal amount specified above on the maturity date
specified above and promises to pay interest thereon from the date of original issue specified
above or from the most recent Interest Payment Date (as hereinafter defined) to which interest
has been paid or duly provided for, at the annual rate specified above, payable on February 1 and
August 1 of each year, commencing February 1,2002 (each such date, an Interest Payment Date),
all subject to the provisions referred to herein with respect to the redemption of the principal of
this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to
the person in whose name this Bond is registered at the close of business on the fifteenth day
(whether or not a business day) of the calendar month next preceding such Interes~ Payment Date.
Interest hereon shall be computed on the basis ofa 360-day year composed of twelve 30-day
months. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by National City Bank
of Minneapolis in Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent
(the Registrar), or its designated successor under the Resolution described herein. For the
prompt and full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $870,000 issued
pursuant to a resolution adopted by the City Council on May 7,2001 (the Resolution), to
maintain the Permanent Improvement Revolving Fund of the City, a permanent fund established
for the financing of local improvements for which special assessments may be levied against
property specially benefitted thereby, and is issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in
denominations of $5,000 or any integral multiple thereof~ of single maturities.
Bonds maturing in 2009 and later years are each subject to redemption and prepayment at
the option of the City, in whole or in part, in such order as the City shall determine and, within a
maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in
accordance with its customary procedures) in multiples of$5~000, on February 1~ 2008, and on
any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the
date of redemption. The City will cause notice of the call for redemption to be published as
required by law and, at least thirty days prior to the designated redemption date, will cause notice
of the call thereof to be mailed by first class mail to the registered owner of any Bond to be
redeemed at the owner's address as it appears on the bond register maintained by the Registrar~
but no defect in or failure to give such mailed notice of redemption shall affect the'validity of
proceedings for the redemption of any Bond not affected by such defect or failure. Official
notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the redemption price therein
specified, and from and after such date (unless the City shall default in the payment of the
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redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without
charge, representing the remaining principal amount outstanding.
The Bonds have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required; that, prior to the issuance
hereof, the City Council has by the Resolution covenanted and agreed to levy special assessments
upon property specially benefitted by the local improvements financed by the Bonds, which
special assessments will be collectible for the years and in amounts sufficient to produce sums
not less than five percent in excess of the principal of and interest on the Bonds when due, and
has appropriated the special assessments to its Permanent Improvement Revolving Fund; that, on
or before each date the City is obligated to pay principal of or interest on the Bonds, the City will
appropriate from its Permanent Improvement Revolving Fund to a separate General Obligation
Permanent Improvement Revolving Fund Bonds, Series 2000C Debt Service Account an amount
sufficient for the payment of such principal and interest on such date; that if necessary for
payment of principal and interest, ad valorem taxes are required to be levied upon all taxable
property in the City, without limitation as to rate or amount; that the issuance of this Bond,
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together with all other indebtedness of the City outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebtedness of the City to exceed any
constitutional or statutory limitation of indebtedness; and that the opinion printed hereon is a full~
true and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds,
dated as of the date of original delivery of the Bonds.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and Acting City Administrator.
CITY OF FARMINGTON, MINNESOTA
Attest: (Facsimile Signature - Acting City Administrator)
(Facsimile Signature -Mayor)
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
NATIONAL CITY BANK OF
MINNEAPOLIS~ as Registrar
By
Authorized Representative
[insert legal opinion]
The following abbreviations, when used in the inscription on the face of this Bond~ shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants in common
UTMA ............. as Custodian for ....................
(Cust) (Minor)
under Uniform Transfers to Minors Act ....
(State)
TEN ENT -- as tenants by entireties
JT TEN --as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used though not in the above list.
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably
constitute and appoint attorney to transfer the said Bond on the books kept
for registration of the within Bond, with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar, which requirements include membership or participation in STAMP or such
other "signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
SECTION 3. USE OF PROCEEDS. The proceeds of the Bonds received by the City exclusive
of unused discount and accrued interest, shall be deposited in the Construction Account of the
Permanent Improvement Revolving Fund of the City and used to pay costs of the Projects or such
other improvements for which special assessments may be levied as the Council may designate.
After payment of all such costs, any Bond proceeds remaining on hand in the Construction
Account shall be transferred to the Debt Service Account of the Permanent Improvement
Revolving Fund.
SECTION 4. GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING
FUND BONDS. SERIES 2001C DEBT SERVICE ACCOUNT. So long as any of the Bonds are
outstanding and any principal of or interest thereon unpaid~ the Finance Director shall maintain a
separate debt service account within the Permanent Improvement Revolving Fund to be known
as the General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001 C Debt
Service Account (the Debt Service Account), and the principal of and interest on the Bonds shall
be payable from the Debt Service Account. An initial deposit shall be made to the Debt Service
Account of in the amount of $ . Thereafter, on or before any date the City is
required to make a payment of principal of or interest on the Bonds, the Finance Director shall
transfer the amount required to make such payment from the Permanent Improvement Revolving
Fund to the Debt Service Account.
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If the balance in the Permanent Improvement Revolving Fund available for transfer to the
Debt Service Account is at any time insufficient to pay all interest and principal then due on all
Bonds payable therefrom, the payment shall be made from any fund of the City which is
available for that purpose, subject to reimbursement from the Permanent Improvement Revolving
Fund when the balance therein is sufficient~ and the City Council covenants and agrees that it
will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or
anticipated deficiency, which levy is not subject to any constitutional or statutory limitation.
SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that~ for the
payment ofthe cost of the Projects, the City has done or will do and perform all acts and things
necessary for the final and valid levy of special assessments in an amount not less than 20% of
the cost of each of the improvements financed by the Bonds. The City estimates it will levy
special assessments in the aggregate principal amount of $ . It is estimated that
the principal and interest on such special assessments will be levied and collected in the years
and amounts shown on Exhibit II attached hereto. In the event any such assessment shall at any
time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity
in any action or proceeding taken or to be taken by the City or by the City Council or by any of
the officers or employees of the City, either in the making of such assessment or in the
performance of any condition precedent thereto, the City hereby covenants and agrees that it will
forthwith do all such further things and take all such further proceedings as shall be required by
law to make such assessment a valid and binding lien upon said property. Collections of special
assessments shall be deposited into the Permanent Improvement Revolving Fund.
SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due, the full faith,
credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. It is,
however, presently estimated that the special assessments appropriated to the Permanent
Improvement Revolving Fund pursuant to Section 5 will provide sums not less than five percent
in excess of principal and interest on the Bonds when due, and therefore no tax levy is presently
required.
SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this
section, all pledges, covenants and other rights granted by this Resolution to the holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
are prepayable according to their terms~ by depositing with the Registrar on or before that date an
amount equal to the principal, interest and redemption premium, if any, which are then due,
provided that notice of such redemption has been duly given as provided herein. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a bank qualified by law as an escrow agent for this purpose, cash or securities which are
authorized by law to be so deposited, bearing interest payable at such time and at such rates and
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maturing or callable at the holder's option on such dates as shall be required to pay all principal,
interest and redemption premiums to become due thereon to maturity or earlier designated
redemption date.
SECTION 8. CERTIFICATION OF PROCEEDINGS.
8.01. Registration of Bonds. The Acting City Administrator is hereby authorized and
directed to file a certified copy of this Resolution with the Public Service and Revenue Division
of Dakota County, together with such additional information as the Division Director may
require, and to obtain from the Division Director a certificate that the Bonds have been duly
entered upon the Division Director's bond register.
8.02. Authentication of Transcript. The officers of the City and the Dakota County
Public Service and Revenue Division are hereby authorized and directed to prepare and furnish to
the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings
and records relating to the Bonds and such other affidavits, certificates and information as may
be required to show the facts relating to the legality and marketability of the Bonds, as the same
appear from the books and records in their custody and control or as otherwise known to them,
and all such certified copies, affidavits and certificates, including any heretofore furnished, shall
be deemed representations of the City as to the correctness of all statements contained therein.
8.03. Official Statement. The Official Statement relating to the Bonds, dated April 5,
2001, and the Final Official Statement, dated Apri125~ 2001, relating to the Bonds prepared and
distributed by Ehlers & Associates, Inc., the financial advisor for the City, is hereby approved.
Ehlers & Associates, Inc., is hereby authorized on behalf of the City to prepare and distribute to
the Purchaser within seven business days from the date hereof, a supplement to the Official
Statement listing the offering price, the interest rates, selling compensation, delivery date, the
underwriters and such other information relating to the Bonds required to be included in the
Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission (the
SEC) under the Securities Exchange Act of 1934. The officers of the City are hereby authorized
and directed to execute such certificates as may be appropriate concerning the accuracy,
completeness and sufficiency of the Official Statement.
8.04. Authorization of Payment of Certain Costs of Issuance of the Bonds. The District
authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of
issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing
date for further distribution as directed by the District's financial advisor, Ehlers & Associates,
Inc.
SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS; REIMBURSEMENT AND
CONTINUING DISCLOSURE.
9.01. General Tax Covenant. The City covenants and agrees with the registered owners
of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or
agents, any action which would cause the interest payable on the Bonds to become subject to
taxation under the Code and applicable Treasury Regulations (the Regulations), and covenants to
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take any and all actions within its powers to ensure that the interest on the Bonds will not become
includable in gross income of the recipient under the Code and the Regulations. The Projects
financed by the Bonds shall at all times during the term of the Bonds be owned and maintained
by the City as part of its infrastructure and the City shall not enter into any lease, use agreement,
management agreement~ capacity agreement or other agreement or contract with any
nongovernmental person relating to the use of the Projects, or any of them, or security for the
payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or
"private loan bonds" pursuant to Section 141 of the Code.
9.02. Arbitrage Certification. The Mayor and Acting City Administrator being the
officers of the City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in
accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating
the facts~ estimates and circumstances in existence on the date of issue and delivery of the Bonds
which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner
that would cause the Bonds to be arbitrage bonds within the meaning of the Code and
Regulations.
9.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(t) of the Code. The City covenants and agrees to retain such records,
make such determinations, file such reports and documents and pay such amounts at such times
as are required under Section 148(t) and applicable Regulations to preserve the exclusion of
interest on the Bonds from gross income for federal income tax purposes~ unless the Bonds
qualify for an exception from the rebate requirement pursuant to one of the spending exceptions
set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than
amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the
original proceeds thereof.
9.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Projects which the City
paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect
to such prior expenditures, the City shall have made a declaration of official intent which
complies with the provisions of Section 1.150-2 of the Regulations; provided that this
certification shall not apply (i) with respect to certain de minimis expenditures, if any, with
respect to the Projects meeting the requirements of Section 1. 150-2(f)(1) of the Regulations, or
(ii) with respect to "preliminary expenditures" for the Projects as defined in Section 1. 150-2(f)(2)
of the Regulations, including engineering or architectural expenses and similar preparatory
expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds.
9.05 ~ualified Tax-Exempt Obligations. The City Council hereby designates the Bonds
as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to
the disallowance of interest expense for financial institutions, and hereby finds that the
reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of
Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities
during calendar year 2001 does not exceed $10,000,000.
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9.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to comply
with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of
1934 (17 C.F.R. ' 240.15c2-12), relating to continuing disclosure (as in effect and interpreted
from time to time, the Rule)~ which will enhance the marketability of the Bonds, the City hereby
makes the following covenants and agreements for the benefit of the Owners (as hereinafter
defined) from time to time of the Outstanding Bonds. The City is the only obligated person in
respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in
respect of which continuing disclosure must be made. The City has complied in all material
respects with any undertaking previously entered into by it under the Rule. If the City fails to
comply with any provisions of this section, any person aggrieved thereby, including the Owners
of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance reasonably
satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any
person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to,
or to dispose of ownership of, such Bond (including persons or entities holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for
federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times: ,
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2000, the following financial information and
operating data in respect of the City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
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financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as to
accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) To the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings: Current
Property Valuations, Larger Taxpayers, Direct Debt, Overlapping Debt, Debt
Rations, Tax Levies and Collections, Net Tax Capacity Rates, Population Trend
and EmploymentlUnemployment.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents~ including official statements, which have been submitted
to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from
and after such determination, the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(I) or subsection (d), then the City shall
include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of financial
information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which is a
Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers~ or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the security;
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(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(1) Release, substitution, or sale of property securing repayment of the securities;
and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(I) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the fmancial
statements constituting a portion of the Disclosure Information are prepared; and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described in
subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
(1) the information described in paragraph (1) of subsection (b), to each then nationally
recognized municipal securities information repository under the Rule and to any state
information depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the State Depository), if any;
(2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal
Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection (b), to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
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transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or,
if such information is transmitted with a subsequent time of release, at the time such
information is to be released.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations of
the City under this section shall terminate and be without further effect as of any date
on which the City delivers to the Registrar an opinion of Bond Counsel to the effect
that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section will
not cause participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act
of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the City
and others and the opinion may be subject to customary qualifications, to the effect
that: (i) such amendment or supplement (a) is made in connection with a change in
circumstances that arises from a change in law or regulation or a change in the identity ~
nature or status of the City or the type of operations conducted by the City, or (b) is
required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii)
this section as so amended or supplemented would have complied with the
requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the
Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and
assuming that the Rule as in effect and interpreted at the time of the amendment or
supplement was in effect at the time of the primary offering; and (iii) such amendment
or supplement does not materially impair the interests of the Bondowners under the
Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of financial
information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of the
Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of
the Rule.
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Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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DAKOTA COUNTY PUBLIC SERVICE AND REVENUE DIVISION
DIRECTOR CERTIFICATE AS TO REGISTRATION
The undersigned, being the duly qualified and acting Public Service and Revenue Division
Director of Dakota County ~ Minnesota, hereby certifies that there has been filed in my office a
certified copy of a resolution duly adopted on May 7, 2001, by the City Council of the City of
Farmington, Minnesota, setting forth the form and details of an issue of $870,000 General
Obligation Permanent Improvement Revolving Fund Bonds, Series 2001C, dated as of May 1,
2001.
I further certify that the issue has been entered on my bond register, as required by
Minnesota Statutes~ Sections 475.62 and 475.63.
WITNESS my hand officially on this _ day of May, 2001.
Public Service and Revenue Division Director
(SEAL)