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HomeMy WebLinkAbout09.05.00 Council Packet COUNCIL MEETING REGULAR Tuesday, September 5,2000 Meeting held on 9/5/2000 due to Labor Day Holiday. 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (8/21/00) (Regular) (8/10/00) (Special) b) Accept Resignation - Parks and Recreation Commission c) Appointment Recommendation - Police Sergeant d) Appointment Recommendation - Parks and Recreation Department e) Capital Outlay - Fire Department t) Capital Outlay - Parks and Recreation Department g) Capital Outlay - Parks and Recreation Department (Supplemental) h) City Participation in County Auction i) Competitive Franchise Application Process - Update j) Consider Resolution - Building Quality Communities k) School and Conference - Fire Department 1) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) HPC Heritage Landmark Registration Process - Meeting Invitation b) Consider Resolution - Amendment to East Farmington 7th Addition Development Contract c) Consider Resolution - Autumn Glen 2nd Addition Development Contract d) Progress Land Company Settlement Disclosure 11. UNFINISHED BUSINESS a) Approve Change Order Downtown Streetscape Project 12. NEW BUSINESS a) Consider Resolution - Preliminary 2001 Tax Levy/Set Date Truth in Taxation Action Taken Approved Accepted Approved Approved Information Received Information Received Information Received Acknowledged Information Received R69-00 Information Received Approved Information Received R70..00 R71-00 Approved Approved R72..00 13. COUNCIL ROUNDTABLE a) Construction Traffic Signage Itiformation Received 14. EXECUTIVE SESSION - Akin Road Turnback Agreement 15. ADJOURN ~ COUNCIL MINUTES REGULAR August 21, 2000 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, City Administrator Erar, City Management Team 4. APPROVE AGENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Cable Franchise Agreement This item was in response to comments raised at the August 7, 2000 Council Meeting by Mr. Leon Orr regarding the City's cable franchise agreement. Farmington has charged an annual cable franchise fee since 1971 in the form ofa flat fee until 1984 when a 3% franchise fee was imposed by City ordinance. The Council ordinance adopted in December 1982, included the provision even then that the franchise fee would be based on annual gross revenues of the franchisee. This provision stipulating annual gross revenues would have been in effect since that time, and is not new in terminology. City franchise fees are not a tax, but is a user fee imposed on business concerns that privately utilize public right-of-way to transact business for a profit. The City Council does not impose franchise fees on cable subscribers but on companies who use public right-of-way. It is at the company's discretion, not by the City, as to how franchise fees will be paid. It is reasonable to argue that franchise revenues should benefit the entire community and all City residents. Franchise fees are a financial return on publicly held assets similar to other city investments that should be maximized to reduce the City's reliance on the property tax levy. The composition of gross revenues is guided by federal law and negotiated with the cable company. Council Minutes (Regular) August 21, 2000 Page 2 Councilmember Strachan stated how fees will be paid is at the company's sole discretion. His understanding is that the percentage paid as a franchise fee, and if they list it on the bill as a franchise fee, is the cable company's choice. It can come off their profit or as a pass through. If the user fee is lowered by the City, the cable company mayor may not have to reduce their bill by that amount. Councilmember Soderberg asked when calculating gross revenues, does that include franchise fees paid from other jurisdictions as well? Mr. Tom Creighton, City Cable Franchise Attorney, replied it does not. The gross revenues the fees are paid on are only received from residents of Farmington. Mr. Leon Orr, 19161 Echo Lane, stated he does not object to the franchise fee. His objection is the amount and how the revenues might be spent. Any time the City mandates a fee from a specific utility, they will pass it on to the customer. With respect to the staff report, he stated he was first told all revenues from the fees would be for upgrading the system. The staff report states the funds are available for general government. Is that correct? City Administrator Erar, stated Mr. Orr was told a portion of the fees would remain in the general fund to be used for maintaining the right-of-way, and a portion placed in the public communications project fund. Mr. Orr then asked what percentage for the right- of-way rental does the City collect from the phone, gas, and electric companies? These would gain revenue from the entire public. Councilmember Strachan then asked Mr. Creighton about right-of-way use by other utilities. Mr. Creighton replied there are provisions in state statutes. Many cities do not charge franchise fees on electric or gas because they are viewed more as utilites and would pose an undue burden on people. It is much more serious to be without gas or electric than cable. Telephone is regulated by the public utilities commission. Fees paid for right-of-way access for phones, go back to the 1800's. The telephone companies do not pay localities for access to rights-of-way. The City Council has decided to allocate a large portion of its money for improving communication with it's residents. The law says all the franchise fees could be dumped into the general fund. To use the funds for camera equipment, etc. is an admirable thing. The people who are paying the fees are cable television subscribers, and to spend the money on cameras benefits the people directly. They get something back for their fees. As opposed to being critized for that, the Council should be complimented for it. Mr. Orr stated he supports user fees for cable. If the Council wants to do something for the cable subscribers in Farmington, make a statement to officials who oversee cable that the rates are too high. The Council could use their position with the three cities to make the complaint known and get competitive rates. City Administrator Erar stated cities do not have any control over the rates. It is up to the cable companies. Council has adopted an ordinance that allows for competition within the community. Mr. Creighton stated the Council has issued notice of interest in competitive franchising. Everything is being done to encourage competition. A competitor is coming into Apple Valley, and they are Council Minutes (Regular) August 21, 2000 Page 3 trying to get them to expand to Farmington and Rosemount. The rates are not regulated at the local or state level. If you do not want to pay $43 for cable, then don't take cable. Councilmember Soderberg stated Mr. Orr is asking for a resolution by the three cities stating the rates are too high. Councilmember Strachan asked why the City's phone number is on the cable bill. Mr. Creighton replied the federal government decided they would not let the City regulate rates, but they will let you take the complaints. Councilmember Strachan stated hopefully at some time we will have competitive rates for bundled services. Will that change the City's ability to drive this? Mr. Creighton replied it will not. Mr. Orr stated he knows cities do not regulate fees, but there is a portion of each year where the residents can. His point is the voice of three cities would be more powerful than his. Mr. Dick Graelish, 1020 3rd Street, noticed the no parking signs on 3rd Street and Ash did not work. Two years ago there was a sign stating unauthorized vehicles would be towed and that worked. Better signs are needed. 7. CONSENT AGENDA MOTION by Strachan, second by Verch to approve the Consent Agenda as follows: a) Approved Council Minutes (8/7/00) (Regular) b) Adopted RESOLUTION R60-00 Accepting Donation Senior Center c) Adopted RESOLUTION R61-00 Accepting Safe and Sober Grant d) Adopted RESOLUTION R62-00 Approving Gambling Event Permit e) Adopted RESOLUTION R63-00 Scheduling 2000 Sealcoat Project Assessment Hearing t) Adopted RESOLUTION R64-00 Scheduling County Road 72 Project Assessment Hearing g) Received Information School and Conference - Administration Department h) Received Information School and Conference - Community Development Department i) Received Information School and Conference - Police Department j) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Tamarack Ridge/Rock Cliff Development Contract The Development Contract for Tamarack Ridge/Rock Cliff 1 st Addition, which is for single family homes, has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat. Following are conditions for approval of the development contract: a) The Developer enter into this Agreement Council Minutes (Regular) August 21, 2000 Page 4 b) The Developer provide the necessary security in accordance with the terms of this Agreement c) Outlot F is dedicated to the City for park purposes d) The Developer will be responsible for the construction of 209th Street between Trunk Highway 3 and Cantata A venue in accordance with flans and specifications approved by the City. The improvements to 209t Street include water main construction. The construction of 209th Street will be completed by December 1, 2001. The Developer will post a surety for said improvements by April 1, 2001. The developer will be reimbursed by the City for the 209th Street improvement costs apportion to the residents along the south side of 209th Street. Signs noting commercial area will be installed by the developer. MOTION by Verch, second by Cordes adopting RESOLUTION R65-00 approving the execution of the Tamarack Ridge/Rock Cliff 1 st Addition Development Contract and authorizing its signing contingent upon the above conditions and the finalization of the Trunk Storm Water Credit calculation. APIF, MOTION CARRIED. b) Consider Resolution - Tamarack Ridge/Centex Development Contract The Centex area will contain multi-family homes and the conditions are the same as the previous development contract. Council also wanted to ensure commercial area signage will be installed. MOTION by Soderberg, second by Strachan adopting RESOLUTION R66-00 approving the execution of the Tamarack Ridge/Centex 1 st Addition Development Contract and authorizing its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. c) Consider Resolution - Middle Creek Estates (formerly Murphy Farm) Preliminary Plat DR Horton and Arcon Development jointly propose to plat 23710ts within the 249-acre site of Murphy Farm located east ofCSAH 31, south of Vermillion Grove, west of Akin Road and north of Middle Creek and the Farmington Industrial Park. A total of 143 single-family lots are proposed on the preliminary plat, 94 ofthose will be multi-family units. On April 3, 2000 the City Council authorized the redesignation of MUSA to the 6.S-acre site on the east side of CSAH 31 from the Riverbend property in the northeast portion of the City. Therefore, the 6.5 acres contain 56 multi-family units as shown on the preliminary plat. There is a major north-south road that runs through the Vermillion Grove development. The major east-west road is 203rd Street that will run through Pine Knoll, and there will be another east-west road that will run through the southern portion of the site. There is a gas pipeline easement that runs north-south through the property. The developer is required to notify the homeowners of the easement and that no structures are permitted within 50 feet on their side of the easement plus another 10 feet for drainage and utility easements. Mayor Ristow asked if Council Minutes (Regular) August 21, 2000 Page 5 the pipeline will be marked above ground. City Engineer Mann replied the pipeline company typically marks the pipeline, as far as the spacing he would have to check with them. He will respond to Council as to what the company plans on doing. The Steve Wilson property at S200 W 203rd Street lies in the north-central portion of the site and consists of 4 acres. The property is not part of the Middle Creek Estates Preliminary Plat review and remains R-1. A road will be constructed to his property. Councilmember Soderberg asked if the roadway will have the same access to the property as the current road. Staff replied the current road is a straight access. The proposed road will be curved to the property with curb and gutter. Councilmember Soderberg asked if Mr. Wilson has had any input on the location as to where it will access his property? His concern is there is a development going around a private property owner that will dictate how he will develop his property.in the future and how he will access it. Mr. Don Patton, D R Horton, stated they are making efforts to buy the property. Mrs. Wilson did attend the Planning Commission meeting and has been given the diagrams. The other option is to buy corners of it so the lots can be configured properly for their plat and yet help the Wilson's also. These are ongoing issues and not part of the preliminary plat being discussed. Councilmember Verch stated there is a garage on one corner of the property. So if Mr. Wilson keeps the property, will the road go through the garage? Mr. Horton stated that will be decided with the final plat. Councilmember Cordes stated she understands his garage is on his property and the road will be built to his property. If there is an existing garage, barn and house, it is his property so nothing will happen to it. Mr. Patton replied that is correct and sewer and water would be brought to the property line. The remaining issue is the Daniel McCarthy property at 5014 W 203rd Street which will not be platted at this time. Discussions with the McCarthy's are continuing and a title search is being done. That will be in the 2nd phase of Middle Creek Estates. Council stated they would like to see this resolved as soon as possible, so they are not put in a similar situation as East Farmington. City Administrator Erar stated this is already City property so there is no annexation required. The garage is sitting on public property. Mayor Ristow stated he wants to make sure Mr. McCarthy is well aware of this before it gets to that point. Staff replied the McCarthy's have been aware of this for a year. Mr. Patton stated when they did the title work on Murphy Farm, the encroachment on this easement is benefitting the City, it is the City's land. The title work shows the structures on City property and they are trying to resolve this. Councilmember Verch stated, with a structure being on City property, can the City say he has to move his house, or does the City pay a portion to move the house? Mr. Patton replied it is not part of the property they bought. It is an easement to the property. City Attorney Jamnik replied the City has an easement Council Minutes (Regular) August 21, 2000 Page 6 over that property. The structure located within the easement would constitute and encroachment. When the City opens the street the City would be within their legal right to tell the property owner they have to remove the encroaching structure. At that point the property owner could say they did not have notice from the title company or the closer did not advise them. The City Council is not interested in forcing anyone to relocate any portion of their residence, but that is the difficult choice that would have to be made. The City's ability to realign the road is somewhat limited. MOTION by Strachan, second by Cordes adopting RESOLUTION R67-00 approving the Middle Creek Estates Preliminary Plat/PUD contingent upon engineering requirements. APIF, MOTION CARRIED. d) Consider Subdivision Variance Request - Vermillion Grove Rottlund Homes requests a variance from the maximum cul-de-sac length of 500 feet within the Vermillion Grove PUD. The City Council approved the Vermillion Grove Preliminary Plat on July 17, 2000 contingent upon the approval of a variance from the maximum cul-de-sac length of SOO feet. Streets D and E exceed the 500-foot maximum by 98 and 115 feet respectively. The Findings of Fact were presented to Council. Councilmember Soderberg stated he did not agree with the Findings of Fact for Street E. He felt it could be reconfigured to allow a through street. MOTION by Cordes, second by Verch approving the variance from the 500-foot maximum cul-de-sac length requirement up to 115 feet within Vermillion Grove. Voting for: Ristow, Cordes, Strachan, Verch. Voting against: Soderberg. MOTION CARRIED. e) Consider Rottlund/DR Horton Request for Public Improvement A trunk storm sewer outlet is identified in the City's Surface Water Management Plan that is proposed to connect two designated ponding areas within the proposed Middle Creek Estates Development. The pond is located on the Rottlund property and the DR Horton property. The outlet needs to be installed due to the Rottlund project since their project will be routing surface water to the wetland, however the outlet is on the southern end of the pond, which is located on the DR Horton property. The developers have asked the City to coordinate this project and install the outlet as a public improvement project. MOTION by Soderberg, second by Verch adopting RESOLUTION R68-00 authorizing staff to prepare a feasibility report and plans and specifications for the outlet for Pond F-P7.2. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Proposed 2001 Budget - Update Highlights of the 2001 Budget were presented to Council, which include: a) A planned reduction in the City's local tax capacity rate from 30.6 percent in 2000 to 30.0 percent in 2001. b) The General Fund fund balance reserve will exceed 28% of proposed 2001 budgetary expenditures. Council Minutes (Regular) August 21, 2000 Page 7 c) No increases are proposed in City utility rates and/or solid waste rates. d) A proposed financial transfer from the City's Liquor Store Operations to the Municipal Ice Arena to build upon past Council direction of using retained earnings from Liquor Store Operations to help fund community recreational facilities. e) The proposed purchase of one new heavy -duty plow truck in the Public Works Department to facilitate snow removal services and other related street maintenance activities. t) The planned purchase of enhanced office technology in the form of a Digital Document System to facilitate the efficient collection, scanning and copying of geogrpahic information from existing and new City development plans. A Council Budget Workshop will be held August 29,2000. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Soderberg: Noticed the art scupture is in Depot Way Park along with the two adirondack chairs. He noted the signage on 193rd Street going into Autumn Glen which stated, Caution - construction vehicles proceed slowly - entering residential streets. Staff replied those were installed by the developer. Councilmember Soderberg stated it is a nice addition. He has received one complaint of speeding construction traffic on Embers Avenue. Community Development Director Olson: There will be a joint Council/Planning Commission Workshop on August 30, 2000. Mayor Ristow: He participated in the Ramble and Amble, a fund raiser for the American Cancer Society. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, s;,.~~ /;r7~ Cynthia Muller Executive Assistant City of Farmington Akin Road Neighborhood Meeting Farmington Senior High School- August 10, 2000 A neighborhood meeting was called to order by the Farmington City Council at the Farmington Senior High School for the purpose of hearing comments and public input on a Feasibility Report regarding proposed improvements to Akin Road. Council did not make any decisions at this neighborhood meeting relative to the feasibility report at this time. Present: Mayor Ristow, Councilmembers Cordes, Soderberg, Strachan Absent: Councilmember Verch Others in attendance: City Administrator Erar, City Engineer Mann, Traffic Engineer Consultant Johnson The neighborhood meeting was called to order at 7:00 p.m. by Mayor Ristow. Mayor Ristow began the meeting by introducing City Engineer Mann. Mann began by giving a short presentation and overview of the Feasibility Report options. In his presentation, Mann indicated that no decisions have been made and that the purpose of the neighborhood meeting was to receive feedback and to respond to issues and suggestions that were raised at a previous neighborhood meeting. In addition to three options presented by Mann in the feasibility report, it was noted that several options and their associated costs were in direct response to citizen input that was received earlier in the process. Following Engineer Mann's comments, Mayor Ristow commented that he appreciated the opportunity to receive resident input on the Feasibility Report. In addition, the Mayor indicated that no decision had been made regarding Akin Road and that the purpose of the meeting was to hear resident comments before a decision is made. The Mayor further indicated that the Council could not take any definitive actions on Akin Road until issues with Dakota County have been addressed and resolved. At this point in the meeting, the Mayor asked for citizen input. Erwin Hagen: Asked questions relating to traffic warrants; when was the traffic study conducted? Why does the road need to be overlayed? Joanne Payne: How much did the Feasibility Study cost? Her opinion that by-pass lanes were of questionable value. Why are bike path lanes on the east-side of road necessary? Where is the City in its negotiations with Dakota County and when will there be a conclusion? Craig Stibbe: Feasibility Study - When was it done? Traffic warrant criteria? Doesn't having a school at 19Sth and Akin Road justify a warrant? Proposed north by-pass at Dunbar is where his driveway is. The City's Comprehensive Plan, years ago, showed Akin Road "dead-ending at Pilot Knob Road". Added that he is opposed to all proposed improvements. Rick Wilkowske: Vehicles traveling too fast. By-pass lanes where and why? Ed Elvey: Suggested that the City turn the road into gravel. Bill Peterson: Improving the road is a negative and opposite of what the residents want. Wants stop signs as opposed to turn lanes. Road shoulders are dangerous to kids and cars. Stephanie McElligot: Is there any possibility of a guard rail at the curve? Is very concerned about cars careening off the road into backyards. This has already happened. Resident question: What are the state regulations or requirements in doing a speed study to lower speed limits? Troy Wilkinson: Need a crosswalk at Akin Elementary School. Bonnie Brumley: Is the City going forward with a signal justification study at 20Sth Street? In addition to the comments received, staff responded to a number of questions regarding the criteria associated with traffic warrants, speed limits and crosswalks. It was indicated that the 20Sth intersection satisfied the one hour warrants, but did not meet any other warrant criteria. City Traffic Engineer Johnson indicated that the one hour warrant is the least difficult criteria to meet. Staff also indicated that meeting warrants alone is not justification in itself. If the City puts traffic lights and/or stop signs in locations that do not meet "warrants", the City assumes significant liability in the event of an accident. In addition, the City's position with respect to Akin Road is that the road still belongs to the County as the City Council has not accepted Akin Road pending a turnback agreement with Dakota County. Questions raised at the neighborhood meeting will be addressed in future project reports and presentations. With respect to speed limits, staff noted that the MN Department of Transportation can conduct a speed study, but that lower speed limits must be supported by the study and are determined by Minnesota Department of Transportation--not the City. In terms of placing a crosswalk without stop signs at 195th and Akin, the City would not be in favor of a crosswalk without appropriate traffic control devices--that at this point does not meet traffic warrants. Crosswalks, in general, give a false sense of security to the pedestrian--eventhough state law requires motor vehicles to stop at crosswalks. Staff also indicated that the Police Department maintains a heavy patrol presence on Akin Road with respect to speed limit enforcement, and that passing on the shoulder is prohibited as indicated by posted "no passing on shoulder" signage. Mayor Ristow asked that written comments from residents Dirk Rotty and Mark Calvird be entered into the record. These resident statements will be attached to the minutes and made part of the public record. Councilmember Strachan stated that the Council is interested in "upgrading the road to make it safer, not faster." The Council thanked the residents for expressing their concerns and comments on Akin Road, and that it was their intent to take all necessary and appropriate actions within their power to address all reasonable concerns. Neighborhood meeting was adjourned at 9: 1 0 p.m. ~Ub:~~ JOhn F. Erar / City Administrator 1&.. .. ... . "'tIW From: Rotty, Dirk [DiRotty@dakotaelectric.com] Sent: Wednesday, August 09, 20001:12 PM To: 'jerar@cLfarmington.mn.us' Subj~. :,n Road Improvemenm - Ne~hoom~ M~ting Please add my questions and comments to the public record for the Akin Road Improvement project. From our discussion, I understand the 8/10/00 neighborhood meeting on the Akin Road Improvement project is to determine what option(s) the residents prefer. I do not have enough information to make a decision between option #1 & #2 but I do not feel option #3 is justified and that the city would have difficulty proving benefit to lots not directly adjoining the urban section of road. I also feel that the trail options should be a community wide decision and not funded through local neighborhood assessments. Additional questions and comments: 1. What would the approximate per lot assessment be for each of the three options using the current assessment policy? This question may be premature but is probably the main focus of most residents. 2. The CSAH 31 project included many of the same lots in the northern portion that could have fallen into this project. Was this considered during the CSAH 31 assessment hearing? What about the future construction of 1951h Street? This appears to be a flaw in the current assessment policy? Was the % mile line adhered to in all cases of the CSAH 31 project. I fell just outside the % mile line and asked to be included but was not. There seemed to be a lot of participants in that project and very few for this project? 3. What was the per lot assessment for the northern reconstruction section of the CSAH 31 project? There were significant improvements to that section of road that justified the assessment (urban section). How can the city council justify any higher assessment for this project? 4. Community parks, preserves and trails seem to be utilized by the entire community and to assess a certain area for these "improvements" seems inappropriate. How has this been handled in the past? 5. Why would the bridge culvert be assessed? 6. How could this project go forward without the County's 55% share of the costs? The residents in this area should not be held financially for the County and City's decisions regarding the past CSAH 31 project and turnback of Akin Road. At this time, I reserve comment on support of this project until all questions are addressed. Thank you. Cc: Mayor and Council Dirk Rotty Vice President Utility Services Dakota Electric Association Phone 651.463.6264 Fax 651.463.6191 email dirotty@dakotaelectric.com Subj: FW: Akin Road 7/13/00 7:16:40 AM Pacific Daylight lime I: CMuller@cLfarmington.mn.us (Cindy Muller) To: jdristow@aol.com (Jerry Ristow) CC: JErar@cLfarmington.mn.us (John Erar) > -Original Message- > From: Mdcal~rd@gateway.net [SMlP:Mdcal~rd@gateway.net] > Sent: Wednesday, July 12, 2000 8:01 PM > To: jristow@cLfarmington.mn.us > Subject: Akin Road > > Mayor Ristow > /7 (J 7J v c~ br I LIbfC > My name is Mark Cal~rd and 11i-.e with my wife Dorothy and my kids > Mark > and Kenny at 19095 Embry Lane. We ha-.e been residents of Farmington for > o-.er > two years. When we purchased our home, the pilot knob project was near > completion and we were assured the road behind our home (Akin Rd) would > reduce traffic significantly. Unfortunately, it isn1 the case. In fact we > > have not seen any relief of traffic or loud excessive noise in the middle > of .. e night, is a nuisance, we can't e-.en leave our windows open without ~ng > our TV full blast to hear it. Our home was the one that the drunk driver > destroyed the deck back in No-.ember of 99 and just 3 nights ago, another > driver hit the telephone poll landing in my neighbors yard in the early > morning hours. (I LIKE TO SLEEP IN lHE EARLY MORNING HRS DON'T YOU) That's > > now 2 incidents in 6 months. Reading the news article in last weeks city > paper on this project, the City is waiting on what stand the county will > take > regarding this road, and you will also allow time at a forth coming > council > meeting to listen to the residents, which this road is causing the most > grief. As a homeowner, I feel ~olated that I dont feel safe at night, I > don't enjoy sitting in my backyard due to the lack of safety that this > road > prm.1des the driver and most important the homeowner.. With the rapid > growth > of our city, the city needs to do something. Expressing more consideration > to > its residents. This road is very unsafe and something needs to be done. > This > project is way past due to some resolution. I am told by other neighbors, > people have died here. Had I known about that, I assure you, my decision > for > home purchase would have been quite different? We enjoy so far being sidents of the city of Farmington where this is a community that ._milies > like mine, enjoy li~ng here, that's why we need your helpl Street light, > Stop lights, Stop signs, even a road barrier. Something!!!! The city needs > to Monday, July 24, 2000 A_rica Online: JDRISTOW Page: 1 > do something to ensure a safe, caring en\lironment for all resident. I > anticipate a quick response on your position regarding this matter. We > paid > for the new road now we need you to help us pay for the safety of the old > road. I cannot afford for my insurance t.o go up due to accidents of the > road > and the city does nothing regarding this, I'm writing this letter to you > due > to that we will not be here in August we will be out of town. If someone > could read my letter and my concerns that would be great. This situation, > the > city needs to be more proactiw 'v5 reactiw. > > Unhappy residents of Fannington. > The Cal\lird Family Headers Retum-Path: <.CMuller@cLfannington.mn.us> Received: from r1y-zc01.mx.aol.com (rIy-zc01.mail.aol.com [172.31.33.1]) by air-zc04.mail.aol.com (v75_b1.4) with ESMTP; lhu, 13 Jul2000 10:16:40 -0400 Received: from relay1.uswest.net (relay1.uswest.net [204.147.80.10]) by r1y-zc01.mx.aol.com (v75.18) with ESMTP; Thu, 13 Jul 2000 10: 16: 1 0 -0400 Received: (qmail 9270 inwked by uid 0); 13 Jul2000 14:16:09 -0000 Received: from unknown (HELO mail.cLfannington.mn.us) (156.142.42.254) by relay1.uswest.net with SMTP; 13 Jul2000 14:16:09 -0000 Received: by FARM_FS1 with Internet Mail SeMce (5.5.2448.0) id <3SGSY791>; lhu, 13 Jul2000 09:33:02 -0500 Message-lD: <5788FF5B1AF5D211 B3FE0060B01AOEEB 1192DE@FARM_FS1> From: Cindy Muller <.CMuller@cLfannington.mn.us> To: Jerry Ristow <.jdristow@aol.com> Cc: John Erar <.JErar@cLfannington.mn.us> Subject FW: Akin Road Date: Thu 13 Ju! 2000 09: 33'00 ..0500 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Councilmembers and City Administrato~ Karen Finstuen, Administrative Services Manager FROM: SUBJECT: Accept Resignation - Parks and Recreation Commission DATE: September 5,2000 INTRODUCTION Keith Sperbeck has resigned from the Parks and Recreation Commission effective immediately. DISCUSSION Staff has researched the files and found no applications on file. As the term for this vacated seat expires January 31, 2001, it is suggested that advertisement for the position be done at that time. BUDGET IMPACT None. ACTION REOUESTED Accept the resignation of Keith Sperbeck from the Parks and Recreation Commission. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager AUQ,-29'00(TUE) 11:30 HAMPTON BANK TEL:6124323604 P. 002 August 29, 2000 Re: Resignation of appointment Attention: Farmington City C01.Jllcil & j>ark Director It is with great regret that must resign my position all the Pade and Recreation advisory board. I have recently sold my home in Fannington and am building a new home in New Market Township. Because the offer on my current home was for September occupancy I will need to make my resignation effective immediately. I appreciated the opportunity to serve the Farmington community and hopefully make a contribution. I also wallted to take this time to say thank you to Jim Bell far the time and energy that he approaches every project. With limited budget and slaITJ am proud of what the Park and Recreation department has done within the Farmington community. I know the good neighbors J leave behind look f()rward to great things in Farmington. I hope the Council addresses the under ftl11ding of Park and Recreation as it work~ to make Farmington one of the premier suburbs. ~~ Keith W. Sperbeck City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.fal.J11ington.mn.us 7e TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Police Sergeant DATE: September 5, 2000 INTRODUCTION The recruitment and selection process for the appointment of a Police Sergeant in the Police Department, Patrol Division has been completed. DISCUSSION After a thorough review of applicants for this position consisting of written testing, and oral board interviews by Police Chiefs from the cities of Mendota Heights and Hastings and the City Human Resources Coordinator, Officer James Murphy has been offered the position, subject to ratification by the City Council. Mr. Murphy has been working as a Police Officer for the City since June 3, 1996. Mr. Murphy has a Bachelor's Degree in Criminal Justice and has completed numerous courses in field supervision at the Dakota County Technical College. Jim currently serves as a Police Reserve Liaison for the department and is currently a member of the Dakota County MAAG (Swat) Team. Mr. Murphy has also completed a variety of specialized law enforcement courses since beginning his tenure with the City of Farmington. Mr. Murphy's performance with the City during that time has been commendable and he is fully qualified and capable to serve as Police Sergeant in the Police Department, Patrol Division. BUDGET IMPACT Funding for this position is authorized in the 2000 Budget. RECOMMENDATION Approve the appointment of Mr. James Murphy as a Police Sergeant in the Farmington Police Department effective September 6,2000. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us lei TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Parks and Recreation Department DATE: September 5, 2000 INTRODUCTION The recruitment and selection process for the appointment of a full-time Recreation Programming Specialist in the Department of Parks and Recreation, Recreation Program Services Division has been completed. This appointment fills an existing opening in the department that was authorized in the 2000 Budget. DISCUSSION After a thorough review of applicants for this position by an interview panel comprised of staff from the Parks and Recreation Department and Human Resources Office, an offer of conditional employment has been made to Ms. Kellee Omlid, subject to ratification by the City Council. Ms. Omlid is currently employed by the Mound-Westonka School District as a Recreation Coordinator. Prior to her position with the School District, Ms. Omlid was employed by the City of Bismark, North Dakota, Park and Recreation Department for three years as a Recreation Program Specialist. During that time, Ms. Omlid planned, implemented and evaluated a wide range of youth sports and special needs activities. Consequently, Kellee has a well-rounded understanding of municipal recreation programming needs and requirements. Ms. Omlid has a Bachelor of Science Degree with emphasis in Recreation Administration from the University of North Dakota, Grand Forks. Kellee's strong academic background and professional work experience will continue to enhance the development and delivery of recreation programming services to the public. Ms. Omlid will be a welcome and valuable addition to the Parks and Recreation Department team. BUDGET IMPACT This position was authorized in the 2000 Budget subject to and contingent upon available funding being generated from City recreation programs. Accordingly, the continuation of this position is dependent upon the generation of user fees from City programs that must cover a portion of the position's salary and benefits. This aspect of the position's funding has been reviewed with Ms. Omlid. RECOMMENDATION Ratify the appointment of Ms. Kellee Omlid for the position of Recreation Program Specialist with the Department of Parks and Recreation effective September 18, 2000. J F. Erar t Administrator file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.fal.J11ington.mn.us Ie. TO: Mayor, Councilmembers and City Administrato~~ FROM: Ken Kuchera, Fire Chief SUBJECT: Capital Outlay Purchase - Fire Department DATE: September 5, 2000 INTRODUCTION The Fire Department is planning to purchase two CDM 1250 Mobile Radios with antennas, and one HT -1000 Handheld Radio. DISCUSSION The CDM 1250 Mobile Radios contain a full range of signaling capabilities that allows the user to see instantly who is sending transmissions, notifies others someone is trying to reach them even when away from their vehicles, and programs the radio to call a specific group or individual. The HT -1000 Handheld Radio is a powerful, small, durable radio loaded with advanced two-way communications features. BUDGET IMPACT Approved in the 2000 Capital Outlay Budget. ACTION REQUESTED For information only. Respectfully submitted, ~~~.~ Ken Kuchera Fire Chief City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ?-fl' FROM: Mayor, Councilmembers, City Administrat~e: James Bell, Parks and Recreation Director TO: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: September 5, 2000 INTRODUCTION The Parks and Recreation Commission ( P ARAC ) has reviewed the playground equipment needs for 2000. It has been determined that additional playground equipment be installed at Fairhills and Pine Knoll Parks. DISCUSSION The PARAC and staffhave determined the play equipment at Pine Knoll and Fairhills Parks is in need of expansion. The Commission is recommending that park structures and related equipment be purchased. The following quotation was received: Company 1. Mid West Playscapes Play Structure I Related Equipment $25,672.42 The original play equipment in these parks was manufactured by Playworld Systems. The above company is the local representative for Playworld. In order to properly add on to the present equipment, compatible equipment needs to be ordered. BUDGET IMP ACT The budgeted dollars for the play equipment will come from Liquor Store profits and Park Improvement Funds as outlined in the 2000 B~dget and C.I.P. ACTION REQUESTED 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 TO: Mayor & Councilmembers ~ FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda DATE: September 5, 2000 It is requested that the September 5,2000 agenda be amended as follows: CONSENT AGENDA 7 (g) Capital Outlay - Parks and Recreation Department Quotations were received for an asphalt trail at Lake Julia Park. The low quote, received from Eureka Construction, was within the approved budget amount. Respectfully submitted, ohn Erar ity Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ FROM: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director TO: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: September 5, 2000 INTRODUCTION The 2000 Budget authorizes the construction of an asphalt trail at Lake Julia Park. This portion of trail is part of the proposed north/south trail from Dakota County Estates to the Farmington Middle school. DISCUSSION The trail construction project consists of approximately 1300 lineal feet of 10 foot wide trail from Embers Ave. to Egret Way. Future portions of trail will be constructed to connect with the Lake Julia Park portion to provide access to the entire trail system from Dakota County Estates to the Farmington Middle School. With the completion of this portion of trail, the north Isouth trail to the Middle School will be contiguous from the Budget Mart to the Prairie Creek East property. Staff requested quotations from seven bituminous contractors. Three valid quotations were received. They are as follows: 1. Eureka Construction 2. McNamara Contracting 3. Bituminous Roadways $48,719.00 $49,257.00 $S3,861.00 BUDGET IMPACT The low quote ($48,719.00) for the Lake Julia Park trail project is within the approved 2000 Capital Outlay Budget. 50% of this cost is refunded to the City through a State of Minnesota grant. ACTION REOUESTED This is for information only. Respectfully submitted, --L~~ James Bell Parks and Recreation Director I I I I I I I I I I \ I \ I I \ \ \ \ \ \ " , \ I "" \ ~ '}. "", \ \ "n...'l \::> ,.. \ ,~-_/' ())~,../' ,/ '). f'... '<! """ ,,' "'- \:.>''''' "" "" /). \\ \~ "" ",,., ~ "", ,,' ", ", ,;' . "" ,...,,,, ~"", "" ~ ~ ," \ Q-">'{'" \ "..., .....-\:..... \ '\,.. \ ,,,. 0.. \ '\,. ...)... 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I"1N . . c o . tq no "!. '-! Ul MillO!;!! q !Q ro x>>2 0 >z -0 ::jZIIlI: ITI ::::l III 0 > ,OVJ_ ::;: 0 Ill", -; 1"1):'c..n~ ",1Tl > Z >M :c ~(/)~~ r ^ " " :!!~~~ '" ;:ma~ ITl " > >0> M IIl~Mo Z g ITl '" fT1 III ~ fT1 .8 FARMINGTON, MINNESOTA ~ Bonestroo SURVEY SAM --" ~ DRAWN MJa a; Rosene DESIGNED .. PRESERVE TRAIL i\i; Anderlik & .. APPROVED ~.. LAKE JULIA SEGMENT Associates DATE --" DATE REG. NO. Engineers & Architects 10 BOHESTROO, ROS04f. AHDtRUK . ASSOC....TES. INC. 2000 co~u. 141 99 119 fTl GJ ::::0 fTl --l ~ )> -< I I I I I I I I I I \ \ I , , '~ ............._ J 7---- T ---- I I \ \ \ \ , , , ...'......... ~, -- I I I CDITl -z ;-40 -u_ )000 :r . I I I I I I REVISION DATE \141\14199119\CAD\DWG\14199119CD1.0WG City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7,4 TO: Mayor, Councilmembers and City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: City Participation in County Auction DATE: September 5, 2000 INTRODUCTION Dakota County is again this year holding a public auction to dispose of surplus equipment and is giving cities the opportunity to participate. DISCUSSION The auction is scheduled to take place on Saturday, October 7, 2000, on the grounds of the Highway Garage on County Road 47 in Hastings. Items to be sold include eight vehicles, six of which are police forfeiture vehicles, 48 bikes, and numerous items of surplus equipment. BUDGET IMPACT Proceeds from this auction will have a positive impact on the budget. The Auctioneer's commission is $65.00 per vehicle and 20% of the sale price for miscellaneous items. The City will receive a proceeds check minus commissions and fees shortly after the sale. ACTION REOUESTED Acknowledge the City's participation in the County Auction to be held October 7, 2000. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager Ouftntitv 3 10 48 1 2 1 2 1 2 18 2 1 24 1 1 gal 1 48 1 1 1 1 1 1 1 1 1 1 1 2000 Dakota County Auction Item 6 ft. folding tables 8 ft. folding tables 5 gal plastic pails Pulsar 2 cWorinator for a swimming pool HydrocWoric acid pumps for a swimming pool First aid kit metal box Outdoor speakers Air testing kit Panic bars for outside doors Fluorescent light tube covers Storage racks for swimming pool 8 ft. metal shelving unit Used 400 watt light bulbs Used 1000 watt light bulb Exterior latex paint tavern taupe Mita 2055 copy machine Bikes Electric organ 1980 Ford F-800 plow truck, with plow, VIN #F81KVGD8154, 61,300 miles 1988 Ford 250 4x4 with plow, VIN #lFTHF2GH4JPB90419, 100,942 miles 1985 Buick 4-door, gray, cracked front passenger side light, cracked windshield, rust on bottom of door, front driver tire is low, 156,276 miles 1986 Chevrolet 4-door, gray, bad transmission, cracked windshield, 48,997 miles 1986 Chevrolet (S-10 Blazer), flat front passenger tire, front grill broke, rusted out on bottom, dented on rear driver side, 201,902 miles 1988 Ford Taurus Station Wagon, rust on back, bad struts, low tires, 64,728 miles 1989 Ford Probe, passenger side mirror missing, driver side ditch light cracked, 2 flat tires on driver side, 1 low tire on passenger rear, 127,156 miles 1987 Ford Escort, rear passenger side smashed, 74,067 miles 1993 Ford CRV, #2FACP71 W4PX121183, transmission jerks 1982 Ford van BUiLl, 1FDKE30L8CHA55450, wheel chair lift sticks sometimes, 113,500 miles City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7, ' TO: Mayor, Councilmembers and City Administrato~ Karen Finstuen, Administrative Services Manager FROM: SUBJECT: Competitive Franchise Application Process - Update DATE: September 5, 2000 INTRODUCTION A Notice of Intent to Franchise was published requesting applications to construct a cable system and provide competitive cable service within the City of Farmington. DISCUSSION Applications were requested from qualified entities to construct a cable system and provide competitive cable service in Farmington. Applications were due August 18, 2000. A public hearing will not be held as there were no applications received at this time. It has been suggested to the City by one prospective cable competitor that the cable subscriber market in Farmington will need to have higher customer densities to support a competitive service. It is staff's understanding that Apple Valley may see a competitive service enter their market area in the next several months. BUDGET IMPACT None. ACTION REOUESTED For information only. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager NOTICE OF INTENT TO FRANCHISE CITY OF FARMINGTON, MINNESOTA The City of Farmington, Minnesota (the "City") is hereby soliciting applications from qualified entities that are interested in constructing a cable system and providing cable service within the territorial limits of the City. Notarized applications that contain all of the information required by Minn. Stat. ~ 238.081, Subd. 4 and local policies and procedures, and that comply with all state and local requirements must be received by 4:00 p.m. on Friday, August 18,2000, at City of Farmington, 325 Oak Street, Farmington, Minnesota 55024. Each franchise application must be accompanied by an application fee in the amount of$20,000.00. This fee shall be paid to the City via a certified check made payable to the City of Farmington. Every franchise proposal submitted by an applicant must include a design for a state-of-the-art cable system that is capable of reliably providing a panoply of cable services to subscribers. In reviewing each applicant's franchise application, the City will consider all relevant factors, including, but not limited to: (i) comparisons of the level, quality and nature of cable services proposed by the applicant to that provided by the incumbent cable system operator; (ii) the cable-related needs and interests of the community, as identified solely by the City; and (iii) information regarding industry trends, state-of-the-art technologies, modem cable services and other related information. . The City will hold a public hearing to consider any franchise applications it receives at 7:00 p.m. on September 5, 2000 at City of Farmington Council Chambers, 325 Oak Street, Farmington, Minnesota. All questions concerning the franchising process and any requests for information should be directed to Mark Moore, 14200 Cedar Ave. South, Apple Valley, Minnesota 55124, 952 953-2502. ISSUED BY THE CITY OF FARMINGTON, MINNESOTA Published In the Farmington Independent - July 20 and 27, 2000 Published In the This Week Life and Times - July 22 and 29, 2000 , /,// .I WideOpenWest ~ August 30, 2000 City of Farmington 325 Oak Street, Farmington, MN 55024 Attention: Mr. John Erar Dear Mr. Erar, Recently, the City of Farmington advertised its Intent to Franchise. WideOpenWest seriously considered submitting a franchise application but upon analysis could not substantiate an application based on the housing density in Farmington. This is purely an economic decision since Farmington has all the demographic attributes that WideOpenWest seeks in communities. As WideOpenWest expands in the Twin Cities area and our density threshold decreases, Farmington will be a prime candidate for future expansion. If you have any questions regarding our decision, I would be very pleased to respond. Si c WideO enWest Minnesota LLC Chris Julian Vice President, Market Development Cc George Duffy Julia McGrath Tom Creighton Two Carlson Parkway Suite 350 Plymouth. MN 55447 t 612.249.2580 f 612.249.2305 www.wideopenwest.com City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 0' TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Consider Resolution - Building Quality Communities DATE: September S, 2000 INTRODUCTION The League of Minnesota Cities is asking cities to consider the adoption of a resolution in support of local initiatives that enhance citizen awareness and participation in their communities. Moreover, the Building Quality Communities initiative will serve to reinforce the connection between citizens and the local services they receive, as well as change how legislators and the media look at local government. DISCUSSION Attached, please find a cover letter from James Miller, Executive Director for the League of Minnesota and related information explaining this effort on behalf of the association. With respect to activities and programs the City currently sponsors that support the goals of the Building Quality Communities initiatives, the following is a partial list: . The City holds neighborhood meetings on all public projects to gain input and receive comments from affected residents. . The City sponsors bus tours every six months of the community primarily for Senior Center participants showcasing the City's growth and progress. Approximately 15-20 people attend . Information sheets prepared for Building Inspections and Engineering customers explaining a wide range of requirements associated with home remodeling, site development and other related activities. . The annual preparation of six (6) City newsletters that are distributed to all business and resident households and contain information on Council actions, City activities and events. . The development of a City website that contains a wide range of information on the City Council policies, City departments, events and activities. The website also includes the on-line version of the 2020 Comprehensive Plan, Annual City Budget and Independent Financial Reports, as well as information on City projects such as the 2000 Streetscape, City Elections, and City meeting schedules. . The promotion of electronic mail through the City's website to promote and facilitate more effective and efficient communications with residents. . The live telecast of City Council and Planning Commission meetings on City Cable TV channel 16. . Participation in an annual Community Exposition that highlights City activities, departments and community development issues. . The distribution of New Resident Packets that provides a wealth of information on the City and community . The in-progress development of a proposed 2020 Comprehensive Plan Citizen's Guide that will be published and distributed to every household and business in the community. Council will be presented with the proposed draft of this document for approval at the first meeting in October, 2000. . The City conducts a Pollution Prevention Day and an Arbor Day tree planting with Farmington 4th grade students. . The City holds a Safety Camp and an Unlimited Potential Youth Leadership program. . The City sponsors an Arts in the Park program, a Halloween Walk and holds annual Community Celebration events that involves a working planning partnership with citizens and businesses. . With respect to City involvement with the senior citizen community to promote volunteerism and build better communications and understanding, a wide range of inter-generational programs with seniors and students are available, such as Meals on Wheels, Grocery Shopping, and an Income Tax program that facilitate and promote a better understanding of senior citizen needs. . The City provides free of charge to residents a cardboard recycling program and an annual Clean- up day. . In an attempt to promote a better understanding of the community, the City sponsors an Historic Preservation A ward, provides periodic historic tours of the community, and prepares a Monthly Historic Newsletter . The City provides information for Community Events Column in the Farmington Independent Newspaper . The City participates in CEEF planning events . The Police Department participates in a wide range of activities such as Toys for Town, National Night Out, Salvation Army Service, Community Policing, Neighborhood Watch and Crime Prevention Programs, Ride Along program, Bicycle Safety program and has conducted tours of the Police Department. . The Fire Department participates in educational events such as Fire Prevention Week and holds an annual Turkey/Bingo Event to promote community involvement and fund-raising. This list represents a partial accounting of the many programs that the City either supports, participates in or funds directly in an attempt to promote a better understanding of City services and quality of life contributions. ACTION REOUESTED Consider the adoption of the attached resolution in support of the League of Minnesota Cities Building Quality Communities initiative. 7:n21mitted. L~/ ~ ~ fmF. Erar ~ RESOLUTION NO. R -00 Adopting a Resolution in Support of the League of Minnesota's Building Quality Cities Initiative 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 5th day of September, 2000 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the top values and priorities of citizens include safety, family, job opportunities, health, the well-being of children, and recreational opportunities; and WHEREAS, many of the services cities provide directly enhance those citizen priorities; and WHEREAS, the connection between city services and how they benefit citizen priorities and concerns is not always understood by citizens; and WHEREAS, it is one of the responsibilities of city officials to ensure legislators, media and citizens understand their governments through open and frequent communication using various avenues and means; and WHEREAS, it is important to encourage citizens to actively participate in city government, to share their views, and to work in partnership with city officials to ensure that the needs of the community are met; and WHEREAS, partnerships developed between citizens and city officials can result in greater understanding of the connection between Minnesota's high quality of life and the services provided by Minnesota cities, as well as in greater trust by citizens in the efforts of their city government; NOW THEREFORE BE IT RESOLVED, that the City of Farmington hereby declares its commitment to join in the "Minnesota Cities: Building Quality Communities" statewide educational effort in cooperation with our fellow members of the League of Minnesota Cities. We hereby designate Karen Finstuen, Admini- strative Services Manager as the city of Farmington's key contact for this effort, and will inform the League Of Minnesota Cities of this designation. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the League of Minnesota Cities to be placed on record and in support of the Minnesota Cities: Building Quality Communities initiative. This resolution adopted by recorded vote of the Farmington City Council in open session on the _ day of ,2000. Mayor Attested to the _ day of , 2000. City Administrator SEAL LMC 145 University Avenue West, St. Paul, MN 55103-2044 phone: (651) 281-1200 · (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 · LMCIT Fax: (651) 281-1298 Web Site: http://www.lrnnc.org League of Minnesota Cities Cities promoting excellence August 21, 2000 Jehn Erar, Admr. 325 Oak St Farmington, MN 55024-1374 Dear John: I am writing to personally ask for your help. At the June Annual Conference, the League launched its Building Quality Communities initiative. This program is a two-year effort in part to change how legislators, the media, and citizens look at local government. As you know all to well, the dialogue often focuses exclusively on the level of taxation without recognition that those taxes have a direct bearing on the quality of life in our communities. Weare now in the process of preparing our legislative agenda for the coming session. As part of that effort, our policy committees will be reviewing all of our policies in the context of the Building Quality Communities initiative. Our hope, of course, is that by framing policies in this way it will help to make that important connection between cities and quality of life. Another important step, and the purpose of this letter, is to be able to demonstrate to legislators and the media that we have widespread support among Minnesota's cities. Therefore, I am asking that you present the accompanying resolution to your City Council for its consideration. Thank you for your consideration. Please send copies of your adopted resolutions to Laura Petersen at the League offices. Also, if you have any questions or would like further information, please contact either Laura or me. Sincerely, r';;fYl~ James F. Miller Executive Director AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACflON EMPLOYER LMC's Goals for 2000-2003 In addition to sustaining its ongoing programs and services, the League will focus on the following initiatives: * * * Advocate for the interests of Minnesota cities and the communities they serve. . Develop action strategies and communication tools that make it easy for city officials to be active, informed advocates in the public policy arena. · Reinvigorate and improve the effectiveness of the LMC policy development process. · Foster more positive, collaborative interaction with the Governor's office, state legislators, and other state and local officials. · Work with the National League of Cities to ensure its agenda appropriately reflects the issues facing Minnesota cities. Promote and strengthen the role of cities in creating quality of life. · Help cities create a connection between the work of city governments and quality of life in Minnesota communities through a public education campaign. . Increase the appreciation legislators, the media, and other opinion-influencers have for the role of cities in creating quality of life. · Develop working partnerships with organizations and entities that impact the quality of life in Minnesota communities. Produce and convey information that prepares members for challenges and opportunities. · Strengthen the League's role as the definitive information source on Minnesota cities. · Develop multiple, flexible opportunities for members to interact and to access information. . Explore opportunities, including in partnership with other organizations, to provide relevant training that meets the time and location needs of city officials. , . Conduct original research that informs and supports policy and legislative efforts, frames important city issues, and provides a base for developing and sharing best practices. · Tap the expertise of academic institutions and other research centers in developing new information and solutions. · Examine issues bringing change to Minnesota cities, such as an aging population, shifting multicultural composition, and transition to a technology-based economy. LMe's Goals for 2000-2003 * * Maximize the potential of technology to connect cities to the League and to their constituents, while maintaining a "human touch." . Make the League Web site a model communications vehicle, providing core information and services electronically. . Provide members the opportunity to participate in League advocacy, policy development, training and education on-line. . Explore the potential for generating revenue and cost savings through the League Web site and electronic distribution of information and services. · Help city officials understand and embrace the opportunities technology presents, such as enhanced city service delivery, job creation, and citizen involvement. . Work to ensure that all Minnesota cities have a level of Internet access that enables them to take advantage of the full range of Web-related opportunities. . Facilitate establishment of an effective Web presence for all member cities, ensuring that the varied needs of cities are met. Solidify the organization's vitality through responsible stewardship of League resources. · Develop a long-term financial plan for meeting member expectations, including development of public, private and non-profit resources; leveraging fund balances; and exploring earned revenue opportunltles. . Further develop the financial relationship between LMC and LMCIT, examining the sharing and coordination of resources and services in more broadly defined loss control efforts. · Continue to attract and retain an exceptional staff. . Develop and promote opportunities for members to contribute their expertise in identifying and solving League issues and providing guidance on League initiatives. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7,f FROM: Mayor, Councilmembers and City Administrato~ Ken Kuchera, Fire Chief TO: SUBJECT: School and Conference - Fire Department DATE: September 5,2000 INTRODUCTION The Fire Department is planning the attendance at the Emergency Medical Technician Conference, Inver Hills Community College, August 28 - December 20, 2000, and the Minnesota State Fire Chiefs Conference, Rochester, October 19, - October 21,2000. DISCUSSION Chad Rognlie will be attending the EMT Conference. Topics covered include trauma, packaging, and assessments/certification. Ken Kuchera, Tom Hemish, and Bob Curtis will be attending the Minnesota State Fire Chiefs Conference. Topics covered include professional development, chiefs issues, and emergency preparedness. BUDGET IMPACT Approved in the 2000 Budget. ACTION REOUESTED For information only. Respectfully submitted, ~ 'K~UA-~. Ken Kuchera Fire Chief City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IOe;L FROM: Mayor, Councilmembers, City Administrator~ Karen Finstuen, Administrative Services Manager TO: SUBJECT: HPC Heritage Landmark Registration Process - Meeting Invitation DATE: September S, 2000 INTRODUCTION In 1999 the City of Farmington applied for a Federal Grant to assemble information necessary to register five local buildings as Farmington Heritage Landmarks. The Farmington Heritage Preservation Commission, with the approval of City Council, selected five buildings from its inventory of locally significant historic properties. DISCUSSION Heritage Landmark designation is a form of overlay zoning that helps the City to safeguard its unique and irreplaceable historic buildings. In accordance with City Code, whenever a designated building is threatened by demolition or new construction, no city permit can be issued without first giving the HPC an opportunity to comment on the project. The Heritage Landmark program is an important component of the City's Comprehensive Plan because it establishes priorities for dealing with historic resources. The chief purpose of the Heritage Landmark designation is to provide a basis for land use decisions. Heritage Landmark reports have been prepared on the Lyric Theater, Hamilton Clay residence, Fletcher Block building, Farmington State Bank building and the Masonic Temple. With these reports in hand, the HPC is inviting the property owners, City Council members, Planning Commission, Housing and Redevelopment Commission, the public and City Staff to an informational meeting to determine the order in which individual buildings will be nominated. Public Hearings will be scheduled and the final designation of the first building will be made early in the year of 200 1. ACTION REOUIRED HPC member George Flynn will be at the meeting to extend an invitation to City Council and the appropriate staff to attend the October 19,2000 Heritage Preservation Commission meeting to determine the order of nomination and review the process to be used. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager Cc: Heritage Preservation Commission Dave Olson - Housing and Redevelopment Authority Lee Smick - Planning Commission Robert Vogel File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us JO~ TO: Mayor, Councilmembers City Administrato~ FROM: David L. Olson Community Development Director SUBJECT: Development Contract Addendum - East Farmington 7th Addition DATE: September 5,2000 INTRODUCTION On July 17, 2000, the City Council authorized the purchase of 6.5 additional acres of land from Sienna Corporation to allow for an expansion of the Prairie Waterway. This addendum specifies the public improvements that Sienna will install in the Prairie Waterway in conjunction with this expansion. DISCUSSION A tentative agreement between Sienna Corporation and the City regarding the installation and construction of certain improvements in the Prairie Waterway has been negotiated. These improvements would be installed and funded by Sienna in conjunction with the previous purchase of the additional 6.5 acres by the City to expand the Prairie Waterway. The improvements include a ballfield, play structure, picnic shelter, parking lot, fishing dock, pedestrian bridge, trails, and a basketball court. Specifications for these improvements will be provided to Sienna by the Park and Recreation Director and have been reviewed and approved by the Park and Recreation Advisory Commission (P ARAC). The cost of these improvements to Sienna is capped at $188,437 which is equivalent to the cost of the land purchase that was previously authorized by the Council. Based on the estimates and bids received to date, this amount should adequately finance the above listed improvements. Any additional costs for these particular improvements would have to be approved by the P ARAC and funded through the Park Improvement Fund. In addition, the option of allowing Sienna Corporation to install additional trails and/or landscaping associated with the storm sewer improvements in excess of the $188,437 is also provided for in this addendum. These additional trails or landscaping would need to be authorized and approved by the City prior to installation and qualify to be funded by a credit to Sienna's Surface Water Management Fee for the 7th Addition which is currently calculated at $94,053. BUDGET IMPACT The improvements totaling $188,437 to the Prairie Waterway are to be funded by Sienna Corporation, with any additional costs for qualifying maintenance trails and/or landscaping in the Prairie Waterway to be underwritten by a credit to the developer's Surface Water Management Fee for the 7th Addition of East Farmington. ACTION REQUESTED Consider the attached resolution authorizing Sienna to install $188,437 worth of improvements in the Prairie Waterway and to provide for a credit for any additional costs associated with the construction of qualifying trails and landscaping improvements from the developer's Surface Water Management Fee for the 7th Addition. Respectfully Submitted, u~d~~ David L. Olson Community Development Director cc: Rod Hardy, Sienna Corporation RESOLUTION NO. R- APPROVING ADDENDUM TO DEVELOPMENT CONTRACT EAST FARMINGTON SEVENTH 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 5th day of September, 2000 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R31-00, the City Council approved the Preliminary Plat and Final Plat of East Farmington 7th Addition. WHEREAS, pursuant to Resolution No. R42-00, the City Council approved the Corrective Final Plat of East Farmington 7th 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 installs $188,437 worth of improvements in the Prairie Waterway and provides for a credit for additional trail and landscaping improvements as authorized by the City Engineer from the developer's Surface Water Management Fee for the 7th Addition. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 5th day of September, 2000. Gerald Ristow, Mayor Attested to this _ day of , 2000. SEAL John F. Erar, City Administrator ADDENDUM TO DEVELOPMENT CONTRACT AGREEMENT dated this _ day of , 2000, supplements that Development Contract dated the 19th day of June, 2000, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Sienna Corporation, a Minnesota corporation (DEVELOPER), for EAST FARMINGTON SEVENTH ADDITION. Whereas as a condition of plat approval Developer was required to enter into a Development Contract providing for the construction of specified public and private improvements, and Whereas paragraph 15 of the Development Contract addressed surface water management and provided as follows 15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of$123,402 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $29,349 will be given to the Developer for Storm Water Trunk oversizing within the plat. The net result is that the assessments will be based on a charge of $94,053, and. Whereas because of uncertainties in determining the recreational needs of the community and development at the time of platting paragraph 20 of that contract, pertaining to park dedication requirements, provided as follows: 20. Park Dedication. The Developer shall pay a park dedication fee of $0 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into, and Whereas the needs of the development and community have now been more fully determined by the parties to this Agreement, Now, therefore, the City and Developer, in consideration of the executed Development Contract and the mutual promises and covenants contained herein, now mutually agree to amend the previous Development Contract by/modifying the previous paragraphs 15 and 20 to read as follows: 1 15. Surface Water Mana2:ement Fee. The Developer shall pay an area storm water management charge of $123,402 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $29,349 will be given to the Developer for Storm Water Trunk oversizing within the plat. The net result is that the assessments will be based on a charge of $94,053. Additional credits may be provided for the completion of additional Storm Water Trunk Improvements by the Developer. These additional improvements and their cost will be submitted by the Developer to the City for review. The City Engineer may grant additional credits upon confirmation of the costs and benefits to the City of the trunk improvements. The assessment shall not be adopted or levied and shall be waived if the Developer initiates or constructs Storm Water Trunk improvements acceptable to the City at locations acceptable to the City at a cost equal to or in excess of the amount specified above. 20. Park Dedication. Upon receipt of $188,437.00 from the City in payment for approximately 6.5 acres of land to be sold by the Developer to the City, the Developer shall pay a park dedication fee of $188,437.00 in satisfaction of the City's park dedication requirements for the plat. The Developer, at its option, may satisfy its obligation under this paragraph by constructing or installing improvements acceptable to the City at locations acceptable to the City at a cost equal to or in excess of the amount specified above. Upon acceptance of the improvements by the City and the expiration or assignment of any warranty periods provided by the manufacturers of any equipment, Developer shall be released from any ownership obligation for said improvement similar to other public improvements specified herein. CITY OF FARMINGTON By: By: Gerald G. Ristow, Mayor John F. Erar, City Administrator DEVELOPER: Sienna Corporation By: Its: Drafted by: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 [J JJ] 2 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of ,20_ by Gerald Ristow, Mayor, and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the corporation under the laws of Minnesota, on behalf of the corporation. of Sienna Corporation, a Notary Public 3 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us !Oe, TO: Mayor and Council Members, City AdministratorfJ'L- Michael Schultz Associate Planner FROM: SUBJECT: Consider Resolution - Autumn Glen 2nd Addition Development Contract DATE: September 5, 2000 INTRODUCTION The Development Contract for Autumn Glen 2nd Addition has been drafted in accordance with the approvals and conditions placed on the approval of the Preliminary and Final Plat. DISCUSSION The Planning Commission recommended approval of the Autumn Glen Preliminary Plat on August 24, 1999 conditioned on the requirements below. The Planning Commission approved the Autumn Glen 2nd Addition Final Plat on July 25, 2000. The City Council approved the Autumn Glen Preliminary Plat on September 7, 1999 and approved the Autumn Glen 2nd Addition Final Plat on August 7, 2000 subject to the following conditions: 1. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. The City Attorney has reviewed and approved the Development Contract for the Autumn Glen 2nd Addition. ACTION REOUESTED Consider resolution approving the execution of the Autumn Glen 2nd Addition Development Contract and authorize its signing contingent upon the above conditions. ro~o/-- Michael Schultz Associate Planner cc: Larry Frank, Arcon Development RESOLUTION NO. APPROVING DEVELOPMENT CONTRACT - AUTUMN GLEN 2nd 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 5th day of September, 2000 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, pursuant to Resolution No. 83-99, the City Council approved the preliminary plat for Autumn Glen 2nd Addition and Resolution No. 59-00 approved the final plat of the Autumn Glen 2nd Addition. WHEREAS, the Developer desires to enter into the Development Contract attached hereto which incorporates the terms and conditions of approval of the preliminary and final plat; WHEREAS, City staff recommends approval of the Development Contract NOW, THEREFORE, BE IT RESOLVED that: The Development Contract for Autumn Glen 2nd Addition, a copy of which is on file in the Clerk's office, is hereby approved contingent upon the following; I. The City and Developer enter into a Developer Contract; and 2. The Developer provides the necessary security in accordance with the terms of Development Contract; 3. The Developer pays its apportioned share of costs for the construction of 195th Street. It is understood that Dakota County will be responsible for designing and constructing the improvements and will participate in the funding of the construction per their transportation policy. The Developer shall be responsible for the remainder of the costs of the construction apportioned by the County, City or other authority to properties abutting or adjoining the improvement, and any failure by the Developer, or its successors and assigns, to pay its apportioned costs shall constitute a breach or default under this agreement. At the Developers request, the City may, at its discretion, agree upon receipt of waivers or securities deemed necessary by the City, to assess the Developers apportioned cost for these specified improvements to any parcel within the development or currently un-platted property adjacent thereto, still owned or controlled by the developer, at the time of the request. 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 5th day of September, 2000. Mayor Attested to the _ day of September, 2000. City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 5th day of September, 2000, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Arcon Development, Inc, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for AUTUMN GLEN 2ND ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: Outlots A, B, C, E, F and G, AUTUMN GLEN, 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 pays its apportioned share of costs for the construction of 195th Street. It is understood that Dakota County will be responsible for designing and constructing the improvements and will participate in the funding of the construction per their transportation policy. The Developer shall be responsible for the remainder of the costs of the construction apportioned by the County, City or other authority to properties abutting or adjoining the improvement, and any failure by the Developer, or its successors and assigns, to pay its apportioned costs shall constitute a breach or default under this agreement. At the Developers request, the City may, at its discretion, agree upon receipt of waivers or securities deemed necessary by the City, to assess the Developers apportioned cost for these specified improvements to any parcel within the development or currently un-platted property adjacent thereto, still owned or controlled by the developer, at the time of the request. 3. Development Plans. 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. 1 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. Zonin2/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. 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. g505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public improvements by August 1,2001, 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 ofImprovements. 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. 2 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. 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 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 $ 720 based upon the number of acres in the plat. 12. Landscapine:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 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 fmal 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. 3 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 Mana2ement Fee. The Developer shall pay an area storm water management charge of $ 70,487 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $101,288 will be given to the Developer for Storm Water Trunk oversizing within the plat. The net result is a credit to the Developer in the amount of $30,801, which will be credited to the Developer in a subsequent phase of the Autumn Glen Development. 16. Wetland Conservation and Miti2ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Char2e. The Developer shall pay a water area charge of$ 29,073 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $30,254 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is a credit to the Developer of $1,181, which will be credited to the Developer in a subsequent phase of the Autumn Glen Development. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 25,908 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a' ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Char2e. The Developer shall pay a sanitary sewer trunk area charge of$ 22,451 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $17,997 will be given to the Developer for Sanitary Sewer Trunk oversizing within the plat. The net result is that the assessments will be based on a charge of$4,454. 4 20. Park Dedication. The Developer shall pay a park dedication fee of $ 0.00 (the perk area was dedicated to the City in the form ofland) in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatin2. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 3,111 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,560 based upon the number of lots within the subdivision. 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 $ 390,213. 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 ifthe 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 ofthe 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: GradingJErosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ N/A* $ N/A* $ N/A* $ N/A* $ 275,000 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 12,750 $ 17,500 $ 26,500 $ 14,375 $N/A Two Years Principal and Interest on Assessments $ 44,088 This breakdown is for historical reference; it is not a restriction on the use of the security. * Security for these items has been provided to the City previously. 5 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 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. E. The Developer shall payor cause to be paid when due, and in any event before all penalties attach, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more of the lots, the entire plat, or any part thereof. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to 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. 6 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 fmal platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named 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. 1. 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 7 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 defmed in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Larry Frank Arcon Development, Inc. 7625 Metro Blvd., Suite 350 Edina, MN 55439 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: John F. Erar, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 8 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: John F. Erar, City Administrator DEVELOPER: Arcon Development, Inc. 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 John F. Erar, 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 Arcon Development, Inc, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmington.mn.us IOd TO: Mayor and Council Members FROM: JohnF. Erar, City Administrator SUBJECT: Progress Land Company - Stipulation of Settlement Disclosure DATE: September S, 2000 INTRODUCTION Attached please find correspondence from City Attorney Joel Jamnik relative toa Stipulation of Settlement with Progress Land Company regarding the City's counterclaim for the Prairie Creek Storm Sewer Reconstruction Project. DISCUSSION Terms and conditions of the proposed settlement issues with Progress Land Company have previously been discussed with the Council. At this point, settlement discussions for the City's counterclaim against Progress Land Company are at a point where Council may take action in consideration of adopting a formal Stipulation of Settlement for all claims relating to the Prairie Creek Storm Sewer Reconstruction Project. City Attorney Jamnik will present the issues for Council consideration at the public meeting and answer any questions Council may have at that time. Should individual Council members have questions prior to the meeting, please contact Joel Jamnik at 452-5000. BUDGET IMPACT The settlement and recovery of past financial expenditures associated with Prairie Creek Storm Sewer Reconstruction Project will be allocated back to original City funding sources, i.e. Storm Sewer Fund. ACTION REOUESTED Consider approval of the Stipulation of Settlement with Progress Land Company relating to the City's counterclaim for public expenditures associated with the Prairie Creek Storm Sewer Reconstruction Project. CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knurson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik (651) 452-5000 Fax (651) 452-5550 August 28, 2000 Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron Gina M. Brandt * Also licensed in \X'i:icomin Mr. John F. Erar City of Farmington 325 Oak Street Farmington, Minnesota 55024 Re: Progress Land Company, Inc., et al. vs. City of Farmington Dear John: Enclosed herewith for inclusion in the September 5th City Council packet is the Stipulation of Settlement (Counterclaim) in the above-entitled matter. Very truly yours, CAMPBELL KNUTSON Professional Association B ~0~\~'~ ~\~ y: Joel J. Jamnik ~ JJ J : sib-- Enclosure Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 (Reserved for Recording Data) *STIPULATION OF SETTLEMENT* (COUNTERCLAIM) PROGRESS LAND COMPANY, INC., ET AL. VS CITY OF FARMINGTON (COURT FILE No. 19-CX-99-6555) Return To: CAMPBELL KNuTSON PROFESSIONAL ASSOCIATION 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 TMS/cjh 87708 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT COURT FILE NO. 19-CX-99-6555 Progress Land Company, Inc., a Minnesota corporation, Progress Engineering, Inc., a Minnesota corporation, and Warren J. Israelson, Plaintiffs, vs. STIPULATION OF SETTLEMENT (COUNTERCLAIM) City of Farmington, a Minnesota municipal corporation, Defendant. Progress Land Company, Inc., a Minnesota corporation, Progress Engineering, Inc., a Minnesota corporation, Warren J. Israelson, and the City of Farmington stipulate and agree as follows: 1. Progress Land, Progress Engineering and Israelson, and each of them, agree to pay to the City the principal amount of Three Hundred Thousand and No/IOO ($300,000.00) Dollars in settlement of all claims relating to the Prairie Creek Storm Sewer Reconstruction Project. 2. The Three Hundred Thousand and NollOO ($300,000.00) Dollars settlement amount, together with interest on the unpaid balance at the rate of seven (7 %) percent compounded annually commencing June 1, 2000, will be paid as follows: 87708 2 a. Principal payment of Four Thousand and No/lOO ($4,000.00) Dollars per lot prior to the City's issuance of a building permit for the following lots: Lots 6, 7, 8, 9, 10, 11, 12, IS and 16, Block 1, and Lots 1, 3, 4, S, 6, Block 2, all in Prairie Creek 3rd Addition. b. Upon execution of a development contract for the first phase of Prairie Creek East, the following will occur: (1) a principal payment of Fifty-six Thousand and NollOO ($56,000.00) Dollars, less any amounts paid pursuant to Paragraph 2.a. (2) posting of a letter of credit in a form acceptable to the City in an amount equal to the remaining principal balance of Two Hundred Forty-four Thousand and No/lOO ($244,000.00) Dollars plus accumulated and unpaid interest to date and future interest on the unpaid balance calculated through June 30, 2003. c. Annual payments as follows: (1) August 1, 2001 - principal payment in an amount equal to $244,000.00 times a fraction the numerator of which is the number of building permits issued for new homes in the first phase of Prairie Creek East and the denominator is the total number of lots in the first phase of Prairie Creek East (referred to as the "per lot principal payment"), together with interest from June 1, 2000 to June 30, 2001 on the unpaid principal balance existing from time to time. (2) August 1, 2002 - "per lot principal payments" for building permits issued from July 1, 2001 to June 30, 2002, together with accrued interest on the unpaid balance; and (3) August 1, 2003 - the unpaid principal balance, together with accumulated and unpaid interest to date. 3. Progress Land, Progress Engineering and Israelson agree that compliance with this Agreement is a specific condition to the City's approval of the first phase of Prairie Creek East. 4. After the Letter of Credit is in place, if Progress Land, Progress Engineering or Israelson fail to make a payment, the City after fifteen (IS) days written notice to Israelson of 87708 3 such default, may declare the entire principal balance, together with all unpaid interest, immediately due and payable and draw on the Letter of Credit for this amount without further notice to Progress Land, Progress Engineering or Israelson. 5. To secure payment of obligations hereunder, Progress Land Company, Inc. hereby grants to the City a lien upon the future Prairie Creek East property by execution of a mortgage in the form attached hereto as Exhibit "A" and legally described as follows: The South One-Half (S Ih) of the Southeast Quarter (SE l.4) of Section 13, Township 114, Range 20, except the East 50.00 feet of the South 850.00 feet thereof, AND The North One-Half (N lh) of the Southeast Quarter (SE l.4) of Section 13, Township 114, Range 20, EXCEPT THEREFROM Prairie Creek Third Addition, Dakota County, Minnesota. 6. When the Letter of Credit is in place pursuant to Paragraph 2.b.(2) herein, the City, upon request of Israelson, will release the lien and underlying mortgage created in Paragraph 5 herein. 7. The entire unpaid principal balance, together with all interest, will be payable by August 1, 2003 regardless of whether or not all or any portion of Prairie Creek East has been developed. 8. This Agreement will be recorded against the Prairie Creek East property and will run with the land and bind subsequent purchasers and assigns. 9. Nothing herein will preclude the City from exercising any and all rights it has at law or in equity to enforce the obligation of Progress Land, Progress Engineering, and Israelson hereunder. 87708 4 10. Upon execution of this agreement, the attorneys for the parties are authorized to execute and file with the Court a Stipulation and Dismissal With Prejudice of the Amended Counterclaim herein. 11. If, during the application process for the first phase of Prairie Creek East, Progress Land agrees to an extension, at the City's request, of the 120-day review periods required by Minn. Stat. ~ 462.3S8, subd. 3d and Minn. Stat. ~ 1S.99, all interest charges will be tolled during the time of any such review extension. Dated: PROGRESS LAND COMPANY, INC. By: Its: Dated: PROGRESS ENGINEERING, INC. By: Its: Dated: Warren J. Israelson Dated: CITY OF FARMINGTON: By: Gerald G. Ristow, Mayor By: John F. Erar, City AdministratorlC1erk 87708 5 " STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2000, by the of Progress Land Company, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of ,2000, by the of Progress Engineering, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public ST ATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2000, by Warren J. Israelson. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 2000, by Gerald G. Ristow and by John F. Erar, the Mayor and City Administrator of the City of Farmington, on behalf of the City and pursuant to the authority granted by its City Council. Notary Public 87708 6 "w EXHIBIT II A II ~ ., MORTGAGE Form No. 43.M OSWALD "U8LIIHIHG co., NEW ULM, MN (WATt 100.112.31:121 (7-17-85) Minnesota Uniform Conveyanclne Blanks (1985) By Corporation or Partnership , (reserved for mortgage registry tax payment data) MORTGAGE REGISTRY TAX DUE HEREON: (reserved for recording data) $ THIS INDENTURE, Made this day of ~ 2000 , -, between PRO;RESS LAND ~ANY, IN:. a corporation under the laws of MinnP_c:;otll Mortgagor (whether one or more), and corporation CITY OF FARMDl;TON. a Minnesota <<Iln;~; pll , Mortgagee (whether one or more), WITNESSETH, That Mortgagor, in consideration of the sum of Three Hundred Thousand and No/100 lS100,OOO 00) -________. DOLLARS, to Mortgagor in hand paid by Mortgagee, the receipt whereof is hereby acknowledged, does hereby convey unto Mortgagee, forever, real property in Dakota County, Minnesota, described as follows: The South One-Half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13, Township 114, Range 20, except the East 50.00 feet of the South 850.00 feet thereof, AND The North One-Half (N 1/2) of the Southeast Quarter (SE 1/4) of Section 13, Township 114, Range 20, EXCEPl' THEREF'.RGt Prairie Creek Third Addition, Dakota County, Minnesota . together with all hereditaments and appurtenances belonging thereto (the Property). TO HAVE AND TO HOLD THE,: SAME, to Mortgagee forever. Mortgagor covenants with Mortgagee as follows: That Mortgagor is lawfully seized of the Property and has good right to convey the same; that the Property is free from all encumbrances, except as follows: that Mortgagee shall quietly enjoy and possess the same; and that Mortgagor will warrant and defend the title to the same against all awful claims not hereinbefore specifically excepted. PROVIDED, NEVERTHELESS, That if Mortgagor shall pay to Mortgagee the sum of Three Hundred Thousand and 100 --------------- DOLLARS according to the terms of" Jlr8~i888I~ netr 0 ev are e9rwi (t e .0 ~ ina ,pWmen 1>emg ue an payable on accor<llQg to terms of the ~~~MlREtHe ~1tj.~the Note, and shall repay to Mortgagee, at the times and with interest as specified, all sums advanced In protecting the lien of this Mortgage, in payment of taxes on the Property and assessments payable therewith, insurance premiums covering buildings thereon, principal or interest on any prior liens, expenses and attorney's fees herein provided for and sums advanced for any other purpose authorized herein, and shall keep and perform all the covenants and agreements herein contained, then this Mortgage shall be null and void, and shall be released at Mortgagor's expense. * , Court File No. 19--CX-99-6555. AND MORTGAGOR covenants with Mortgagee as Collows: 1. to pay the principal sum oC money and interest as specified in the Note; 2. to pay all taxes and assessments now due or that may hereafter become liens against the Property beCore penalty attaches thereto; 3. to keep all buildings, improvements and fixtures now or later located on or a part oC the Property insured against loss by fire, ex- tended coverage perils, vandalism, malicious mischieC and, iC applicable, steam boiler explosion, Cor at least the amount oC full insurable value at all times while any amount remains unpaid under this Mortgage. If any oC the buildings, improvements or fixtures are located'in a Cederally designated flood prone area, and if flood insurance is available for that area, Mortgagor shall procure and maintain flood insurance in amounts reasonably satisCactory to Mortgal(ee. Each insurance policy shall contain a loss payable clause in favor of Mortgagee affording all rights and privileges customarily provIded under the so-called standard mortgage clause. In the event of damage to the Property by fire or other casualty, Mortgagor shall promptly give notice oC such damage to Mortgagee and the in- surance company. The insurance shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Mortgagee. The insurance policies shall provide for not less than ten days written notice to Mortgagee before cancellation, non-renewal, termination, or change in coverage, and Mortgagor shall deliver to Mortgagee a duplicate original or certificate of such insurance policies; 4. to pay, when due, both principal and interest of all prior liens or encumbrances, if any, and to keep the Property Cree and clear of all other prior liens or encumbrances; .. 5. to commit or permit no waste on the Property and to keep it in good repair; 6. to complete forthwith any improvements which may hereafter be under course of construction on the Property; and 7. to pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation with any third party for the protection of the lien of this Mortgage. . In case oC Cailure to pay said taxes and assessments, prior liens or encumbrances, expenses and attorney's fees as above specified, or to insure said buildings, improvements, and fixtures and deliver the policies as aforesaid, Mortgagee may pay such taxes, assessments, prior liens, expenses and attorney's fees and interest thereon, or obtain such insurance, and the sums so paid shall bear interest from the date of such payment at the same rate set forth in the Note, and shall be impressed as an additional lien upon the Property and be immediately due and payable from Mortgagor to Mortgagee and this Mortgage shall from date thereof secure the repayment of such dvances with interest. In case oC deCault in any oC the Coregoing covenants, MortgagorconCers upon the Mortgagee the option oC declaring the unpaid balance of the Note and the interest accrued thereon, together with all sums advanced hereunder, immediately due and payable with- out notice, and hereby authorizes and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same to the purchaser in.fee simple in accordance with the statute, and out of the moneys arising from such sale to retain a1l'sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney's fee permitted by law, which costs, charges and fees Mortgagor agrees to pay. The terms of this Mortgage shall run with the Property and bind the parties hereto and their successors in interest. IN TESTIMONY WHEREOF, Mortgagor has hereunto set its hand the day and year Cirst above written. MORTGAGOR PRaiRESS LAND (DIJPANY, INC. By Its STATE OF MINNESOTA COUNTY OF I ss. By Its The foregoing instrument was acknowledged before me this _ day of and and m2000, , -, by the of Progress Land Coopany. Inc. under the laws of Minnesota , on behalf of the ,a mrpnrrlt'ion co:q:oration THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): CAMPBELL KNlJl'SON Professional Association 1380 Corporate Center CUrve SUite 317 Fagan, MN 55121 'lMS/cjh SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) F AlLURE TO RECORD OR FILE THIS MORTGAGE MA YAFFECT THE PRIORITY OF THIS MORTGAGE. lI. .. ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us //~ FROM: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P.E., Director of Public WorkslCity Engineer TO: SUBJECT: Downtown Streetscape Project - Change Order DATE: September 5, 2000 INTRODUCTION Several changes to the Downtown Streetscape Project are herewith forwarded to Council for review. DISCUSSION The first item for Council consideration is a mill and overlay of 3rd Street and Oak Street. As the project has progressed, early in the project, it became apparent to staff that performing a mill and overlay of 3rd Street and Oak Street would provide some benefits. One benefit of including the mill and overlay in this year's project is the elimination of future construction disruption to the downtown business area. Another benefit is the elimination of a seam or joint at the mid-block point on 3rd Street. Finally, the completion of the mill and overlay with this project will significantly enhance the aesthetic results of the project this year. The estimated cost to mill and overlay 3rd Street and Oak Street in the project area is $23,776.94. The second item for Council consideration is the relocation of one of the benches on the east side of 3rd Street, south of Oak Street. The bench in its current location partially interferes with a doorway and needs to be moved. The bench will be moved north, closer to the intersection at Oak Street. The relocation of the bench involves the removal and replacement of concrete and pavers both in the area it is being moved from and the area it is being moved to. The removal and replacement of the concrete and pavers in both places is necessary to maintain the concrete and paver patterns on the project. The estimated cost to relocate the bench is $3,137.50. The third item for Council consideration is the addition of some landscaping rock that was placed in some of the landscape areas in the area of the walkway between 2nd and 3rll Streets. This rock was placed to fill in the landscaping areas that lost rock and areas that became larger with the construction of the project. The cost of the additional landscape rock is $801.09. BUDGET IMPACT The total estimated costs for the three items outlined above is $27,705.53. These costs are within the contingency amount budgeted for the project. Current project budget projections indicate that the project line items as a whole are slightly under budget; therefore the use of the budget contingency at this time would be somewhat less than the total amount indicated for the three change order items. ACTION REQUESTED Authorize the change order to the Downtown Streetscape Project in the amount of$27,70S.S3. Respectfully submitted, p{. mm~ Lee M. Mann, P .E. Director of Public W orkslCity Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /r1cc TO: FROM: Mayor, City Council, City Administrat~ Robin Roland, Finance Director SUBJECT: Approval of Preliminary 2001 Tax Levy and Establishment of Dates for Truth in Taxation Hearing DATE: September 5, 2000 INTRODUCTION State statutes require a preliminary tax levy to be certified to the County by September 15, 2000. This preliminary levy is used by the county to develop the proposed property tax statements issued to taxpayers in conjunction with the Truth in Taxation process. Once the proposed tax levy is adopted, the City Council may lower the levy, but cannot increase it. Dates must also be selected for the Truth in Taxation hearings and included in the Preliminary Tax Levy resolution. DISCUSSION AND BUDGET IMPACT The City Council was presented a copy of the Proposed 2001 Budget on August 25,2000 and a budget workshop was held on August 29th. The preliminary tax levy is part of the proposed budget and was discussed with Council at the August 29th workshop. The Tax Levy proposed as part of the budget is $2,095,067 and includes $550,000 for debt service, $50,000 for the Fire levy and $150,000 for a capital projects levy. The proposed Tax Capacity Rate, based on current County estimates, is 30.0%. As was the case in 1999, the Truth in Taxation hearing may be held on the same date as a regularly scheduled City Council meeting, as long as it is held as a separate public hearing. Therefore, staff proposes that the Truth in Taxation public hearing be held as part of the regularly scheduled City Council meeting on Monday, December 4th. A continuation hearing, if necessary, could take place on December 12th. In either case, the Ci~ Council would adopt the 2001 Budget and Tax Levy at the City Council meeting on December 18 . ACTION REQUIRED Adopt the attached resolution, certifying the 2001 Preliminary Tax Levy of $2,095,067 to Dakota County and establishing December 4, 2000 at 7:00 P.M. as the City of Farmington's Truth in Taxation hearing for Tax Levy collectible 2001. Respectfully submitted, dk4'/J , Robin Roland Finance Director RESOLUTION NO. R -00 APPROVING PROPOSED 2000 TAX LEVY COLLECTIBLE IN 2001 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 5th day of September, 2000 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Minnesota Statutes currently in force require certification of the proposed tax levy to the Dakota County Auditor on or before September 15, 2000; and WHEREAS, the City Council of the City of Farmington, Minnesota, is in receipt of the proposed 2001 revenue and expenditure budget; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Farmington, that the following sums of money by levied in 2000, collectible in 2001, upon the taxable property in said City of Farmington for the following purposes: Tax Levy General Fund Debt Service (see attached) Capital Projects Levy Fire Levy Gross Levy Less: Fiscal Disparities Less: HACA Net Levy $2,183,000 550,000 150,000 50,000 $2,933,000 (433,567) (403,466) $2,095,967 BE IT FURTHER RESOLVED that the Truth in Taxation public hearing will be held on Monday, December 4,2000 at 7:00 P.M.. If needed, the continued hearing will be held on Tuesday, December 12, 2000 at 7:00 P.M.. The Tax Levy will be adopted at the City Council meeting on December 18, 2000. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of September, 2000. Mayor City Administrator 2001 BUDGET Summary of Debt Service Levy to be Attached and Become part of Resolution Number -00 Fund Title Levv Amount Improvement Bonds of 1986A Improvement Bonds of 1987 Improvement Bonds of 1992B Improvement Bonds of 1993A Improvement Bonds of 1994A Wastewater Treatment Bonds 1995 Certificates of Indebtedness 1996 Certificates of Indebtedness 1997 Certificates of Indebtedness 2000 76,675 114,040 32,194 12,068 77,381 85,367 5,275 47,000 100.000 $ 550,000 Total /3CL. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P.E., Director of Public WorkslCity Engineer FROM: SUBJECT: Construction Traffic Signage DATE: September 5, 2000 INTRODUCTION At the August 21, City Council meeting, a Councilmember complimented the temporary construction traffic signage that Arcon Development installed as part of the Autumn Glen project. DISCUSSION Based on the positive response to the signage installed as part of the Autumn Glen project, staff will be working with developers on future projects to install similar signs to address construction traffic related issues. BUDGET IMPACT None. ACTION REQUESTED For information only. Respectfully submitted, ~ )11)Uvw-- Lee M. Mann, P.E. Director of Public W orkslCity Engineer cc: file