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Home My WebLink About05.02.11 Council Packet City of Farmington 430 Third Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING MAY 2,2011 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim National Day of Prayer b) Proclaim Historic Preservation Month c) Minnesota Soybean Festival 1 Community Calendar May 5, 2011 Month of May Information Received 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (This time is reservedfor citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to flVe minutes to address the Council during "Citizen Comment" time.) 7. CONSENT AGENDA a) Approve Council Minutes (4/18/11 Regular)(4/13/11 & 4/20/11 Workshop) b) Appointment Recommendation Fire Captains - Fire Department c) Appointment Recommendation Fire Lieutenant - Fire Department d) Appointment Recommendation Rescue Captain - Fire Department e) Revise EDA Composition - Administration f) Approve Request for Proposal Dental and Long Term Disability Insurance- Human Resources g) Approve Dew Days Fee Waiver - Parks and Recreation h) Approve Farmington Business Association Fee Waiver - Administration i) Adopt Resolution - Accept Donations Rambling River Center Construction Project - Parks and Recreation Approved Approved Approved Approved Approved Approved Approved Approved R23-11 j) Approve Bills REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda, please address the item when the item is discussed. Speakers will be given at least three minutes to speak per item. Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve PUD Amendment FairhilI - Engineering b) Adopt Resolution - Approve Minnesota Green Steps - Planning c) March 2011 Financial Report - Finance 11. UNFINISHED BUSINESS a) City Administrator Search Process - Human Resources 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) HiPP Staff Appointment - Administration 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda. . . . . . . . . . . . . 3 Proclaim National Day of Prayer Proclamation. . . . . . . . 5 Proclaim Historic Preservation Month 2011 Preservation Month Proclamation. .6 Approve Council Minutes (4/18/11 Regular)(4/13/11 & 4/20/11 Workshop) 4/18/11 Minutes. . . . . . . .7 4/13/11 Workshop Minutes . . 13 4/20/11 Workshop Minutes . . 18 Appointment Recommendation Fire Captains Memo . . . . . . . . . . . . . . . . . . 22 Appointment Recommendation Fire Lieutenant Memo . . . . . . . . . . . . . . . . . . . 23 Appointment Recommendation Rescue Captain Memo . . . . . . . 24 Revise EDA Composition EDA Memo . . . . 25 Request for Proposals - Dental and Long-term Disability Insurances 2011 RFP Request-dental-L TD . . . . . . 26 Approve 2011 Dew Days Fee Waiver Request memo . . . . . . . . . . . . . . . . . . . 27 Approve Farmington Business Association Fee Waiver Memo . . . . . . . . . . . . . . . . . . . . . . . 29 Adopt Resolution Accept Donations to the Rambling River Center's Renovation Project memo . . . 30 resolution . .31 Approve Bills List of Bills. . 32 Approve PUD Amendment-Fairhill Amend Fairhill PUD 050211. . 54 LI B 1-#1352236-v1- ASTRA_FAIRHILL_PUD_CONTRACT(CLEARED)_ 4_ 11 (2) . . . . . . . . . . . . . . . 55 Adopt Resolution - MN GreenStep Cities Memo . . . . . . . . . 109 Resolution. . . . . . . 111 March 2011 Financial Report 2011 March Report . . 113 2011 Monthly Report . 116 City Administrator Search Process 2011 City Adm Search-May 2nd. . 122 1 HiPP Staff Appointment Minutes . . . . . .124 . . . . . . . . . . . . . . . . . . . 2 N~V~ off'r~uf'r~ WtlE'REAS - PYCt3leA'" WCA/v{J;OLltpCU"t of()-U,f" tleA'"{J;~~O"ne/ ~LOY\/ lMIl.dev God.{ ~ Ncct"~VCt3l~ ofPYCt3leA'" hcvve; beew CNY\IA f1IUW~ "ty~LOY\/ ~peA'"~ e4Jt"~"to- bet01'\lfltuv fu-Jit 71uur~ of lvfCt3l; WtlEREAS - I"t wfLtLlA'\.fY"th<;t:t we; ~e; CA/ da.;y "to- ~~ ()-U,f" de:p~01'\IG0-C4 "to-e"cpy~~cct"~fOr tlw ~ ~ ~"to-Y~fItuv n.eedt"to-JitY~Y~~ morOLlt v~ iAttt ()-U,f" cM;y, JitCtt"e; ~ VUitt""~ WtlEREAS - A da.;y ofpyCt3leA'" W CNY\I oppo-vtuNUty for cULA f1IUW~ of cUL~ etftwUdty ~potl:LLCaL~~"to-pyCt3I iAttt ~for~~,{y~~~~ WtlEREAS - A da.;y ofpyCt3leA'" help~ ~ Y~ ()-U,f" brave; Wte1I\I ~ w~who-cvve;~()-U,f" CO'tM'lt"ry, Py~~{y~~ "to-~the-tw~~~for~ MM/Y~~"to-pyCt3I for ~ ~ yetu.y~ WtlEREAS - I"twfltuv60~A~VCt31 ofPYCt3leA'" ~fItuv~w '"A MLfihty fortveMl' ~OUf" God}', W ~ O1'\IfItuv VeA'"W/{yOfW P~91:2 whicJ1lJitCtt"~: "I wal.t~ offltuvLOY~ tle;wYJlo/ Y~ ~ J1Io/ {ortY~ J1Io/ G0-C4 iAttt whotw I "tyU4Jt: 11 TtlEREfORE I, Toa.,a,Lcvv~ lvfCt3lOY offltuvClXy offcvv~01'\Ido- heYeby Pyocl.aMnt lvf Ct3I 5, 2011 CA/ VCt3I of PY~eA'" for fItuv C lXy of fcvv~01'\I ~ I et4Jv ()-U,f" cU'~"to- joiAtv wr.tht ~ iAtttPYCt3leA'". IN WITNESS WtlEREOf I hcvve; ~ YJIo/ ~~~fItuv E~we; Se!llLoffltuv cM;y of fcvv~01'\I"to- be; ~~ 2 V\dt da.;y of lvf Ct3I, 2011 ~.-.~ /~ -=--~ ~ Tod,d.,Lar~ MOl:Y01'" 2011 Preservation Month Proclamation WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made be dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as people; and WHEREAS, "Celebrating Farmington's Treasurers" is the City's local theme for National Preservation Month 2011 and is cosponsored by the National Trust for Historic Preservation. NOW THEREFORE, I, the Mayor of Farmington, Todd Larson do proclaim May 2011 as Preservation Month, and call upon the people of Farmington to join their fellow citizens across the United States in recognizing and participating in this special observance. ~~~~ Authorized Signature 7?/Jc;;;r c:: d? 0'// Date 7<2 COUNCIL MINUTES REGULAR April 18, 2011 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Boy Scout Kyle Johnson of Troop 118 led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Bartholomay, Donnelly, Fogarty, May None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Mary Yakibchuk, Shelly & Kyle Johnson 4. APPROVE AGENDA Mayor Larson pulled item 7i) Approve Bills for discussion. MOTION by Fogarty, second by May to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by May to approve the Consent Agenda as follows: a) Approved Council Minutes (4/4/11 Regular)(4/11111 Workshop) b) Received Information First Quarter 2011 New Construction Report - Building Inspections c) Approved Temporary On-Sale Liquor License - Administration d) Approved Request to Waive Fees for Farmers' Market - Administration e) Approved Abatement Request - Finance t) Approved Equipment Shared Use Agreement with Red Wing - Municipal Services g) Approved Sentenced to Service Contract - Engineering h) Approved 2011 Mowing Contract - Engineering i) Approved Bills Mayor Larson asked about the bill for floor mats for City buildings. When Council met with staff, Council was informed the liquor store purchases their own mats. Mayor Larson asked if mats need to be replaced once a week. Staff should check on the cost to clean them and to purchase them, and do whatever is cheaper. APIF, MOTION CARRIED. 7 Council Minutes (Regular) April 28, 2011 Page 2 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Minnesota Green Steps Cities Report - Planning The Minnesota Green Steps Program offers an opportunity for the City to become good stewards ofthe environment. Mr. Phillip Muessig from the Minnesota Pollution Control Agency gave a presentation on the program. The program is a voluntary challenge~ assistance and recognition program to help cities achieve their sustainability goals through implementation of28 best practices. Farmington has already completed 16 ofthe 28 best practices. Therefore, participating in this program would provide some recognition for work staff has already done. The biggest time commitment is doing the inventory of what the City has done and plans to do. City Planner Smick has already done the majority of this work. The program is not tied to any funding or regulations. Councilmembers were uncomfortable with where the program is leading and staff time is a concern. Mr. Muessig stated Cities in the program are getting credit for things they are already doing and are seeing a cost savings in City buildings. It is possible to stop participating in the program at any time. An example of marketing the program is to include it in the annual report for what the City has done during the year. It will show the City is sustainable and willing to go the extra mile. Council was concerned with the 1,000 hours of staff time because we have reduced staff. However, this program would make us more appealing for grants. Council suggested staff explore members of the community who would be interested in helping with this program. City Planner Smick stated the comprehensive plan does not have a sustainability chapter. Staffwill utilize the Green Step program as the sustainability chapter. There are a number of items staff has already done and it is very important the City receives recognition for that. There has been a lot of time commitment by staff and community and residents should understand what we are doing for the environment and social and economic issues. The City has completed 16 best practices. That puts the City into the step three category. As far as what is remaining, there are three items required. The fIrst is to enter base line information into the Minnesota B3 database, the second is audit all City owned buildings. We have the opportunity to have a LEAD certified specialist, Doug Bonar, who would do this for free. The next item to be completed is reporting the progress, organize goals, outcomes and measures for the City's plan. The City also currently does this. In the comprehensive plan staff can update this and have goals and measures for each of the chapters. The third item is the economic side and where the businesses would fall into place. This includes identifying new businesses in the green economy and supporting them. One way is through incubator space which the Council and EDA have supported. Another way is the 8 Council Minutes (Regular) April 28, 2011 Page 3 Buy Local campaign. This is being done through Grow Farmington. These three items would total 108 hours of staff time. Part of the Green Steps program would be an ordinance to allow chickens in residential areas. This would require an interim use permit for properties under 2.5 acres and the permit would be valid for two years. The maximum number of hen chickens allowed would be 12. Roosters are not allowed. A shelter or enclosure is also required. Some residents have contacted the City with an interest in allowing chickens. Staff also asked if they should research wind turbines in residential areas. The majority of Council agreed with moving forward with the Green Steps program, but cautioned about using too much staff time. Staffwill also bring this to the Grow Farmington meetings. Regarding chickens on residential lots, the majority of Council agreed to limit the number of chickens to 3, and to renew the permit yearly. Some CounciImembers cautioned this could open a box of complications and the majority of residents don't expect to have chickens in residential areas. If the City is going to do this, we need to make sure we cover our costs. Council also suggested the chicken ordinance and the Green Steps program should be a budget discussion. Council directed staff to research wind turbines and bring back information on residential size turbines. b) Census Numbers Comparison - Planning Council had asked for a comparison of population numbers estimated by the City versus the Met Council. Staff's estimate is closer because of using 2.95 persons per household versus the Met Council's 2.75 persons per household. As of December 31,2010, staffestimated a population of21,654. The 2010 census showed a population of21,086. Adopt Resolution - Approving Final Plat Riverbend 4th Addition - Planning Mattamy Homes has submitted the Riverbend 4th Addition fmal plat. This is located west of Dakota County Estates and north of Meadow Creek. The plat consists of31 single-family residential lots and 4 outlots. Lots range from 7,280 sq. ft. to 19,848 sq. ft. Contingencies of the fmal plat include: c) 1. An executed deed shall be recorded with the fmaljlat mylars that transfers ownership of Outlots A, B, C, and D Riverbend 4 Addition to the City of Farmington. 2. The fmal plat approval is contingent on the preparation and execution of a Development Contract. 3. The satisfaction of all engineering comments as well as approval of the construction plans for grading storm water and utilities by the Engineering Division. 9 Council Minutes (Regular) April 28, 2011 Page 4 MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R22-11 approving the Riverbend 4th Addition fmal plat with the above contingencies. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) City Administrator Search Process - Human Resources City Attorney Jamnik stated there are two questions for Council to answer tonight. One is whether to approve the position description and notice for the ad, and the second is to confIrm the process to fIll the City Administrator position, either by using a search fIrm or do the process in-house. Council discussed the requirement of a Master's Degree or equivalent. City Attorney Jamnik explained it would be a Master's Degree or an equivalent degree. Some Councilmembers were concerned with losing a good candidate that may have a four-year degree with an extensive amount of work experience. It was decided to change the ad to read a Master's Degree preferred. MOTION by Fogarty, second by Bartholomay to approve the notice. APIF, MOTION CARRIED. The next question was whether Council is comfortable proceeding with Council and staff performing the search process or use a search fIrm. Mayor Larson has discussed this with Human Resources Director Wendlandt and they agreed that using a search fIrm would not be necessary. Staff could place the notice on several government websites and publications. MOTION by Fogarty, second by Donnelly to proceed with a Council and staff management recruitment process. APIF, MOTION CARRIED. There were also optional items for Council to discuss tonight involving the next steps or they can be discussed at a later meeting. Councilmember Bartholomay suggested a couple different processes. One could be for Mayor Larson and the Human Resources Director to review the applications and select a number determined by Council, submit them to all Councilmembers to pick their top fIve, and have the Human Resources Director tabulate the results. Or the second option could be for all Councilmembers to receive the applications, hold a weekend workshop, have the applications numbered for privacy, and make their selections. City Attorney Jamnik added or there could be a combination of the two options. Council needs to be comfortable with who the invitations for interviews are sent to. This can be accomplished through either approach or they can be blended and have each Councilmember submit their top fIve and have a meeting to review the common list and narrow it down or add to it. Mayor Larson agreed with staff and himself eliminating those who are not qualified and those who are qualified sent to Council to pick their top fIve. City Attorney Jamnik cautioned to make the number of selections manageable. With each 10 Council Minutes (Regular) April 28, 2011 Page 5 Councilmember selecting five you could have 25 applicants. Usually there will be approximately three on everyone's list and another 10 or 12 outside of that grouping. That would be the time to have a Council meeting to determine which ones from the second tier to invite to an interview. Councilmember Fogarty stated if the Mayor and Human Resources are going to narrow down the candidates before they are sent to Council, they will need more insight as to what Council as a group considers qualified and not qualified. Councilmember Donnelly stated ifwe choose 25 different candidates, then we have a bigger problem than choosing a City Administrator. He agreed there would be at least three on everyone's list. City Attorney Jamnik stated with the Mayor and Human Resources determining which ones meet the qualifications, Council could still have the list of all applicants so if someone is on the lower tier that Council wants to move up, you could. The one thing we have to avoid is inter-communications between Councilmembers away from a public meeting. We have to integrate the review ofthe list with a meeting or workshop. Councilmember Fogarty recalled in 2005 the applications were numbered and Council came up with a list of 12. City Attorney Jamnik stated those individuals are not considered fmalists until they are offered and accept the interview. Those 12 were sent to PDI for review. The background by the Police Department was done once we reached a smaller group of applicants. Councilmember Fogarty would like to do that same process with PDI. She would also like to have a candidate reception with the fmalists for the public. As far as appointing an Interim City Administrator, Councilmember Fogarty suggested Mayor Larson bring a couple options to Council. 13. COUNCIL ROUNDTABLE a) Process for Revising EDA Composition - City Attorney Councilmember Bartholomay would like to add two ex-officio members to the EDA. Mayor Larson heard from a resident who felt the EDA should be kept to elected officials. Councilmember May suggested having an advisory board where the Council appoints members to an advisory board rather than an authority. Councilmember Fogarty stated she never agreed with elected officials being the EDA, so she was open to having more resident input. She favored an EDA that is more community based rather than Council based. Councilmember Donnelly agreed with getting more community and business involvement to help elected officials make the right decisions for the City. Councilmember Bartholomay stated the two ex-officio members would not have voting rights, but would sit on the board. Ifwe transition into having five residents and two Councilmembers, we would have two residents up to speed. Councilmember May stated the biggest issue right now is the EDA deficit. It would be nice to work through that issue fIrst. Councilmember Fogarty agreed the current EDA needs to come up with a plan for the deficit and not hand it off to others. City Attorney Jamnik stated the Council would make the appointments, not the EDA. The Council could direct staff to seek applicants to serve as ex-officio members ofthe EDA. MOTION by Fogarty, second by Bartholomay to have two ex-officio members appointed to the 11 Council Minutes (Regular) April 28, 2011 Page 6 EDA and direct staff to begin taking applications for the next 30 days and then conduct interviews. APIF, MOTION CARRIED. Councilmember Donnelly: He has been absent due to health issues. Councilmember Fogarty: The Easter Carnival will be held on Saturday at Meadowview Elementary. Councilmember Bartholomay: There was a Grow Farmington branding meeting last Thursday. The next meeting will be April 28. Councilmember May: She participated in the Games for Change organized by the high school students. Proceeds of$2500 and 300 food items went to the food shelf. Finance Director Walters: The Finance Department budget meeting will be held on Wednesday. Mayor Larson: The brand for Farmington is Farmington Friendly. Council had a budget meeting with the Parks and Recreation Department which also oversees the liquor stores. The stores are open and management is looking for ways to save money. There will be another wine tasting coming up. Money spent at the Farmington liquor stores stays here and goes to the Parks department which helps bring the tax base down. This is very important for the community. Saturday, April 30, is pond and park clean-up. There will be a celebration in Rambling River Park following the clean-up. Curbside clean-up starts next Saturday. Apri121, Valmont Industries will be holding a blood drive. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:40 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12 City Council Workshop Minutes Parks and Recreation Budget April 13, 2011 Mayor Larson called the workshop to order at 3:12 p.m. Present: Larson, Bartholomay, Donnelly, May Absent: Fogarty Also Present: Randy Distad, Kellee OmIid, Missie Kohlbeck, Randy Petrofske, Cynthia Muller MOTION by Donnelly, second by Bartholomay to approve the agenda. APIF, MOTION CARRIED. Information was presented on per capita spending for all City departments and parks and recreation operations and maintenance for a year. Parks and Recreation Director Distad also presented a Strategic Revenue Plan from 2002 - 2007 for the Parks and Recreation Department. This was created in 2006. It identifies the amount of money the City wanted to recover in fees and charges versus expenses. Apple Valley and Rosemount do not charge fees for their programs; all are 100% subsidized by taxpayers. Staff asked if Council would like to have this document updated. Mayor Larson would like to see more ofthe arena expenses covered by fees. Currently approximately 80% of the expenses are covered by fees. Staffwill be looking at having more part-time staff at the arena rather than full time. Councilmember Donnelly noted after an event at the arena, staff is there for another 1.5 hours cleaning it up. He asked if that could be done the next morning. Staff explained the arena is not staffed until the afternoon. Those same employees also do building maintenance, so if there is a maintenance emergency, the arena would not be ready for the next event. Council understood. Council agreed with updating the revenue plan and suggested adding to it every year and using it as a working document. Staff wanted Council to reach a comfortable level with the percentages and that is where the budget would be. If revenue is increased, then expenses would increase based on percentages. CounciImember May felt recreation programs are important, but ifwe are faced with a very difficult budget you have to go back to the basic question of what are needs and what are wants. If the taxpayer is subsidizing 70% ofrec programs, that would be a want. Parks and Recreation Director Distad explained this year they split out rec programs from administration. The rec program budget now reflects the direct cost of the program. Park and Recreation Administration Budget - This includes half ofthe Director's time, half of the Senior Center Coordinator's time, and all of the Recreation Specialist's time. It does not include part-time or seasonal staff; this is under recreation programs. Supply costs have been reduced because they relate to programs and are under the programs budget. The number for IT services is provided by Human Resources/IT. It provides money for future replacement of computers, and support from our IT person. Council asked that Human Resources provide information on how this number is determined. New cell phones will be provided this year and next year at no cost through the state contract. 13 Council Park & Rec Budget Workshop April 13, 2011 Page 2 Regarding outside printing, there are three seasonal park and rec brochures that go to the public. They are mailed to the entire school district. Mayor Larson stated in the Council retreat, it was suggested mailing a postcard telling people the brochure is online. Staff stated another city tried this and they lost almost their entire department because people did not sign up for programs. Residents call and stop in for the brochure. Councilmember Bartholomay suggested having a Q.R. code on the brochure. This can be scanned with a smart phone and it will bring up the web page. Rather than not having a brochure, Parks and Recreation Director Distad suggested combining publications such as the City Newsletter and the Parks and Recreation brochure and send it out four times a year. With combining resources, a better quality brochure could be produced. Councilmember Bartholomay asked ifa special code could be placed in each book for people to enter to determine how many are actually using the brochure. Currently 10,000 - 11,000 brochures are sent out. Staff would have to work with the online registration company to see if this would work. The survey said 80% of the respondents use the brochure. Councilmember May asked ifwe could eliminate the calendar and combine it with the brochure. Staff cautioned there would be too much information. That was the reason for not combining with Community Ed is the brochure would be very thick and cumbersome to fmd programs. The calendar is done once a year and is covered through advertising. Staffhas worked hard to get advertising to supplement the cost of mailing the Park and Rec brochure. One year staffbrought in $2,000 in advertising revenue, but each year varies. Council reached a consensus to look at the cost for combining the Park and Rec brochure and the City Newsletter. Staff should also check with the online provider regarding a tracking code. Council also asked that staff check around for printing costs. Recreation Program Budget - Personnel costs are for seasonal staff. Programs are not run if a minimum number of people are not registered. Ifmoney is left at the end of the year, it is because programs were cancelled. Program collaboration is also done with South of the River communities. Umpires and officials are also paid from this fund. Councilmember Donnelly asked about the Empire fields. Staffhas been in contact with them, but Empire wishes to remain separate from Farmington. Rambling River Center Budget - This is a special revenue fund. The pool and the Rambling River Center are set up as a recreation operating fund together. The Finance Director is working on separating them out. The Rambling River Center Advisory Board has begun talking about membership fees for next year. Councilmember May felt the seniors understood that with a new building the fees would increase as that was discussed. Staff stated some seniors understand and some don't. Those that did not want to pay the increased fees did not join again. The fees doubled in 2010. Before moving to the new building membership was at 540, now it is 430. The people who have joined are younger, more active and are using the center more often. The revenue stayed approximately the same because of the increase in the fee amount. The fewer members, the fewer number ofvolunteers. Last year there was 4,000 hours in volunteer time which is equivalent to two full time staff. Council did not want to lose any more members and suggested it would make more sense to increase the fees on programs rather than the membership fee. Councilmember May recalled it was discussed to use it as a teen center. Staff noted we have less staff doing more and it is difficult to fmd the time to get something up and running. Staff had planned on using CDBG funding for a part time person at the center. This person would have done some programming to include teens. Staff's goal is to get the 14 Council Park & Rec Budget Workshop April 13, 2011 Page 3 fundraising done. There is approximately $23,000 left to raise and funding is starting to drop off. Councilmember May asked ifwe are missing a demographic that could bring in those dollars. She saw an article in the newspaper about the train room, which is nice, but it is a whole room. Staff stated the room is unfmished in the back of the building. Councilmember May stated the building was to have multiple uses. Staff has wanted to go in that direction, but it is a work in progress. The teens are enjoying the all night game night on Fridays. To have a staff person there for that is unrealistic. Mayor Larson agreed the teen center would require more staff. Teens will not come from 3:00 - 6:00 p.m.; they will come from 7:30 - 11 :30 p.m. Councilmember Bartholomay stated we can dictate when the teens can be there. It would foster relationships between seniors and teens. Mayor Larson will mention fundraisers more at Council meetings. Councilmember Bartholomay asked ifwe would have to have paid staff for a teen center. Staff stated you would not have to, but it would be difficult to get volunteers to work with teens. Council stated there are a number of high school groups that could be contacted to help with fundraising. Cleaning of the Rambling River Center building is done by the cleaning company five days a week because of the nightly rentals. The City does not have staff available to do that work. The frequency of cleaning can be adjusted with the cleaning company. Councilmember May noted Council will be recommending not cleaning everyday. If the building begins to not look as nice, that is where staffhas to pitch in a little such as emptying own garbage. HR!IT is also included for the Rambling River Center and staff should advise how that number is obtained. In the budget for all areas, Council would like it noted if an item is covered elsewhere in the budget. Staff also brought up for consideration, the CDBG grant was to have covered a part time staff person at the center. The money being saved with a new cleaning company will be significant. Staff at the Rambling River Center felt they would benefit more from a part time person doing the cleaning at night and have them on duty for night rentals. Council agreed with this. Liquor Operations - There is a budget for the Pilot Knob store and the downtown store. The building rent for the downtown store is $155,000. Ifthe City built a building, we could retire the debt within ten years. At the Pilot Knob store in November 2004, they leased 4800 sq. ft. In 2005 the landlord had an adjacent space to add another 2200 sq. ft. for a total of7000 sq. ft. The cost to rent the building went up proportionately. The price is $19/sq. ft. The City pays $15,500/month for Pilot Knob, and $13,000/month for downtown. Tamarack, although not a good location, has 5,000 sq. ft for $10/sq. ft. Commercial rental charges are going down. Parks and Recreation Director Distad stated they have told the landlord twice they don't want the extra space to save $40,000. The lease is up in November 2011. The original lease was for seven years. Staff has proposed a four year lease with an option to opt out at that point or renew for three years. Councilmember Bartholomay asked about the lot with the house adjacent to Hill Dee Park. Staff stated that is spot zoning which is not allowed. Mayor Larson stated this is one of the most important things in the budget. The leases cost us a lot of money. We need to be in the driver's seat. Councilmember Donnelly stated the whole Park and Rec budget is less than the amount of the lease. Mayor Larson stated for the Pilot Knob store, we need to reduce the square footage for the wine cave and we are not paying $19/sq. ft. If 15 Council Park & Rec Budget Workshop April!3,2011 Page 4 the landlord does not like it, we will fmd somewhere else to go. We will have to be ready for it. This should have been done last year when the market was bad. Councilmember May asked about moving to just one store. Staff stated you do not want the Pilot Knob location to go away. There is a location behind CVS. Mayor Larson wanted staff to talk to the CVS landlord so we have something in our pocket to negotiate with. Mayor Larson wanted staff to have some intense negotiations very quickly. We need to act or get out. Councilmember May stated another card is to get out of the business. Ifwe are not going to make money, we are not going to be in the business. Staff stated there is money to be made and the City needs the revenue. Mayor Larson wants to stay in that area, does not want the wine cave, and does not want to pay $19/sq. ft. Councilmember Bartholomay suggested checking on the zoning where the house is located next to the park. Councilmember May asked about the CVS space. It is 5,000 sq. ft. Staffhas been looking everywhere. Councilmember Donnelly suggested moving to the CVS space even if it is temporary rather than paying $19/sq. ft. Staff stated ifwe reduce the cost for three years and have a good location, we will be better off than we are now. Staff is waiting for Jon Einess, current landlord to call. Mayor Larson directed staff to negotiate the best deal they can, then bring it to Council and check on the CVS space. Staff is trying to reduce expenses and have shifted from higher paid staff at $ 15/hour to $lO/hour. Also to reduce costs, rugs were purchased for the stores rather than using Cintas. Not as much inventory is ordered and is turned over more often. Councilmember Donnelly would like a profit and loss sheet for the liquor stores and put it in the general fund and everything will wash out in the end. Councilmember May would like to have transfers done at the end ofthe year so Council can see how various funds are doing. Staff keeps saying it is easier to track if money is moved more often, but Council does not understand. Lakeville stores have flyers stating what the profits go towards. Staff is working on a framed flyer for the liquor stores showing this information. Transferring money to Park and Rec was a policy decision made several years ago. It was 50% of the profits from the liquor store go to Park and Rec and 50% would stay with the liquor store. Mayor Larson would like to have something very simple showing liquor store expenses are here and revenues are here and this much is transferred out. Where ever it goes, put it there, but we need something simple where everyone can see what was transferred out. This will be brought up in Finance budget workshop. Mayor Larson suggested having a workshop to discuss just the downtown liquor store once the Pilot Knob store is settled. Staff cautioned Council when they are talking about the liquor stores they need to be careful. It sends a message to the public and people come in asking ifwe are going out of business. The comments have hurt business. Staff is trying to fmd a positive approach to comments. Everyone needs to send a positive message to help business. Councilmember Donnelly agreed, that what we say in workshops is to work things out, but during roundtable one person says we should get out of the liquor business and the Mayor asks residents to support the liquor store. That is a mixed message and not positive. Council receives a lot of calls regarding trail plowing. The trails are plowed before the road, then when the road is plowed, the trail is full and needs to be plowed again. We need to get a 16 Council Park & Rec Budget Workshop April 13, 2011 Page 5 better handle on that. Residents also complain about no weekend trail plowing. Staff stated give us the money and secondly, if the trails are not plowed fIrst, with the snow from the road it is extremely hard to get it off. Also, when staff is going to plow the rinks, they plow the trail on the way to the rink. MOTION by Donnelly, second by Bartholomay to adjourn at 5:10 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 17 City Council Workshop Finance Department Budget April 20, 2011 Mayor Larson called the workshop to order at 3: 1 0 p.m. Present: Larson, Bartholomay, Donnelly, Fogarty, May (arrived at 3:55 p.m.) Also Present: Teresa Walters, Finance Director; Cynthia Muller, Executive Assistant MOTION by Fogarty, second by Bartholomay to approve the agenda. APIF, MOTION CARRIED. Finance Director Walters gave Council a list of duties performed in the Finance Department. There are 1.5 people doing utility billing. The half person is doing accounts payable. With the Accountant position being eliminated, the half person also does accounts receivable. So the half person does accounts receivable, accounts payable and utility billing. Other than these three areas, all the rest of the duties are completed by two people. It was planned the accountant would leave at the end of February, but stayed until the end of March to help with the audit. That additional month cost an additional $6,773 for salary and benefits. Professional services has $4,950 for auditors to do the accountant work. An audit costs $33,000 and is split between the departments. Normally, professional services only contains the amount of the audit the Finance Department pays. Staff will be going out for RFP for audit services. Regarding the HRA fund, KDV was not aware there was an HRA fund; they thought everything under the HRA was TIF only, but that does not make sense, because you cannot combine HRA and TIP money. There have also been other issues with KDV as far as the Fire Relief Association. The $6,950 is made up of$2,000 for the truth-in-taxation charges for Dakota County. Staff thought we did not have to pay that because they no longer hold hearings, but the county still sends out notices to residents advising when the meetings are held. This had to be paid last year and will have to be paid going forward and is not part of the budget, so that had to be added in. The other $4,950 is for audit services and will not be needed because the Accountant was here during March. This will help to offset her pay for the additional month. Also $2,000 was added into the budget last year for overtime because of losing the Accountant and there are no exempt employees. The budget for January and February does include the salary and benefits paid for the Accountant which is $13,546. Finance Director Walters proposed four options for staff'mg for 2012. Option 1 is to add the Accountant position back into the budget at a cost to the City of $51 ,911. Option 2 is to promote an Accounting Technician to Accountant and make that position exempt which will allow her to work extra hours which would be an increase of$12,061, but would mean there is an additional $9,416 that could go back into the budget for some other use. Even with option 2 extra help may still be needed. Option 3 is to add a part-time staff person at a cost of $4,729. Option 4 is to do both; add a part-time staff person and promote the Accounting Technician to an Accountant. This would add $11,809 to the budget. Finance is requesting this because of losing the accountant and still having the work to do and the need of segregation of duties. Mayor Larson asked what staff recommends because he is concerned with departments being at the point of 18 Council Budget Workshop Apri120, 2011 Page 2 diminishing return. He wants the City to be staffed to the point where we can get the most done, but not over or under staffed. Finance Director Walters would prefer option 4 as option 1 is not realistic and a lot of money. She does not want someone to lose their job because we choose option 1 when we can get by with option 4. Council reached a consensus for option 4 for 2012. Council was provided with a comparison of the 2011 levy versus the 2012 levy. Under levies allowed above legislative limits are all the debt service payments. This was brought to Council as the former road and bridge fund, now the project fund. This shows how things will be shifted around to be able to pay the bonds and still do the projects. The levies in 2011 came to $1,034,490. Proposed for 2012 is $1,033,950, but it is shifted into different areas. The Walnut Street project is not included in this amount. Some bonds need to have a levy that did not have a levy in the past. This means bonds payments were paid from transfers from the road and bridge fund, however the road and bridge fund should not have paid for this; we should have levied for it. Staff is adding in some of the bonds that needed to have a levy that did not have a levy in the past. As far as Walnut Street, it came in below the estimated cost. That money will go to the debt service fund. Staff also anticipates assessments that will cover the Walnut Street project until 2015. The overage was $256,000 that will be transferred. We may not have to levy for Walnut Street until 2015. There is an equipment certificate that is coming due at the end of 2011. This amounts to $162,600. With this certificate coming due, we have the ice arena covered; so we do not have to levy for the ice arena. However, staff strongly recommends levying for the arena and placing the $162,600 into an equipment plan to start replacing equipment. Staff had planned on increasing the levy for the arena. We are not increasing the levy for Walnut Street. Staff added $40,446 to the levy for Police Sergeant salaries because they are going up an additional 1.75% this year. The Fire Relieflevy also needs to increase by $48,825. With no other increases and everything else staying the same we are at a .98% increase in the levy. Staff gave an example of starting from this point adding the equipment levy of $162,600, and an EDA levy of an estimated $50,000. There are funds left over in a municipal fund from building the City Hall and the amount is close to the EDA deficit. We need to close the fund and it is Council's decision what to do with the money. The EDA is part of the City, but it is separate. If Council decides to have the EDA as a separate entity and not have the Council on the EDA, it becomes even more separate and needs to have its own fmanciaIs and have everything segregated. The EDA still needs a levy in order to operate. Staff presented fmancial statements showing the EDA deficit of$242,241, and negative balances in the recreation fund and the ice arena. There is somewhat of a plan to reduce these balances, but it will not completely wipe out the deficit. One ofthe options for next year is there is a new OASB rule in place that cities have to do their fund balances differently. Cities have to show fund balances that are designated for certain purposes, designated by Council, by outside entities, designate internally, there will have to be all these lines in the fund balances to show what the fund balances are for. This is not for enterprise funds; it is for governmental funds. Certain things cannot go in the line item unless approved by Council, etc. OASB also says in order to have a special revenue account you have to have a designated revenue source. That source cannot be from the general fund. We have the Rambling River Center, and recreation where we 19 Council Budget Workshop April 20, 2011 Page 3 transfer quite a bit into those funds. We transfer $155,000 in order for the senior center to operate. That is the majority of their revenue source. The senior center may have to go into the general fund. Staff also proposed putting the recreation fund into the general fund, not including the ice arena. We can look at the arena next year and see if the new sheet of ice increases revenue. (Councilmember May arrived at 3:55 p.m.) Starting with the .98% increase in the levy, the $162,600 equipment levy could be used for an equipment fund, an EDA levy for $50,000, staffraises of$59,000 (2% raise), roll the deficit of $150,000 (the senior center renovations, Rambling River Center, and the pool deficits amount to $150,000). In 2011 staff is proposing to not transfer as much from the liquor store and utilize about $45,000 of the fund balance for the pool. With the new GASB rules~ transfers from the liquor store could be made at year end. Council asked about the $159,000 deficit for the Rambling River Center and where the money came from. It came from pooled cash. Council stated the total financial picture of the City right now, with the deficits, ifwe put all the deficits into the general fund, the fmancial picture is the same. Staff explained if you looked at the City's fmancial position right now, you would see the general fund is negative. The EDA is negative. The recreation funds are negative. The arena is negative. We are sitting with a lot of negative cash. Looking at the cash poo~ someone is offsetting it. Looking at what is left~ you have the road and bridge fund which has money, but that money is designated for a specific purpose to pay bond payments. Council stated the funds we have been borrowing from are no longer sustainable. Staff explained the general fund stays negative until we receive the tax money in June. That is why it is recommended to have a 40% - 50% of your general fund balance so you don't go negative throughout the year. Back to levy increases, in addition to the above, there would be a Finance staff change of $11,809. Reductions include a contingency of $45,000 left in the budget, and a one time transfer of $233,973 transferred to the Vermillion River Crossing bond in order to cover the deficit in the bond which will not be needed this year. That money is in the budget that was levied for and is sitting there. That was taken from fiscal disparities. Doing all of these and using the fiscal disparities and contingency we could keep the levy at 2.83%. Council stated it looks like with the $150,000 roll deficit we are taxing people to cover past things that we already paid for. It's like we used a credit card. The 2012 levy is a clean-up levy. We renovated the Rambling River Center and received pledges~ but we don't have the money yet. The levy would clear up the books and as the money comes in it would go to the general fund. Staff will obtain the amount left to come in for the Rambling River Center renovations. Council noted on the tax statement the school and county go down and the City goes up. Next year the City will be up again. The fiscal disparities for 2011 are $1.5 million. Council noted that number fluctuates depending on the state. In 2012, rather than do a park or an EDA levy, budget for $1.3 million in fiscal disparities and anything above that is split between the two funds until the EDA is paid off and we build up the park fund. 20 Council Budget Workshop April 20, 2011 Page 4 Seal coating needs to be done. Council noted we cannot raise the levy $1 million, but we cannot skip seal coating another year. Council can implement a franchise fee at any time to cover seal coating~ Council could ask taxpayers for money to fIX their roads, but to pay for past actions is hard to do. IfEDA property was sold it would go to reduce the deficit, but we could not eliminate it. CDBG grants have been very effective, but the rules have made it very difficult to obtain the money. Council would like to take any leftover money from proceeds and apply it to the budget and not increase the levy and let the EDA figure its own way out to reduce the burden on the taxpayer. MOTION by Bartholomay, second by May to adjourn at 5:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 21 J /b /\Uil"':-. ~~' IU' ~. l:mro - w I \\. ,I \ .." ~-":.; ~ ""'A~:" City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 wwW.ci.tlumingt4m.TI111.LL.l TO: Mayor, Council and City Administrator FROM: Tim Pietsch, Fire Chief SUBJECT: Appointment Recommendation, Fire Captains DATE: May 2, 2011 INTRODUCTION: Fire Captains Appointment. DISCUSSION: Interviews were conducted for the Fire Captains position (2). Several candidates were interviewed. Upon completion of the interviews Adam Fischer and Ron Lindstrom were selected to remain on as Captains. Both of these candidates meet the requirements ofthis position. ACTION REQUESTED: Approve Fire Chiefs request to re-appoint Adam Fischer and Ron Lindstrom as Fire Captains. Respectfully submitted, Tim Pietsch Fire Chief 22 'c. City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.tarm;ngtllll.TI1n.LL.i TO: Mayor, Council and City Administrator FROM: Tim Pietsch, Fire Chief SUBJECT: Appointment Recommendation, Fire Lieutenant DATE: May 2, 2011 INTRODUCTION: Fire Lieutenant Appointment. DISCUSSION: One candidate applied for the Fire Lieutenants position. Jason Greiner currently holds this position. He meets all the requirements of this position. ACTION REQUESTED: Approve Fire Chiefs request to re-appoint Jason Greiner as Fire Lieutenant. Respectfully submitted, Tim Pietsch Fire Chief 23 Jd City of Farmington 430 Third Street ...armington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.farmingtlm.TIln.LL.I TO: Mayor, Council and City Administrator FROM: Tim Pietsch, Fire Chief SUBJECT: Appointment Recommendation, Rescue Captain DATE: May 2, 2011 INTRODUCTION: Rescue Captain Appointment. DISCUSSION: Interviews were conducted for the Rescue Captains position per policy. Several candidates were interviewed. Upon completion of the interviews Chris Matek was selected to fill this position on 6/1/2011. Chris meets all the requirements of this position. ACTION REQUESTED: Approve Fire Chiefs request to appoint Chris Matek as Rescue Captain. Respectfully submitted, Tim Pietsch Fire Chief 24 )e City of Farmington 430 Third Street larmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.tarmingtfm.TI1ll.LL.i TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: EDA Composition DATE: May 2, 2011 INTRODUCTION At the April 25, 2011, EDA meeting, staff was directed to bring a recommendation to Council to change the composition of the EDA. DISCUSSION Currently the EDA is comprised of 5 Councilmembers. The EDA is recommending changing the composition to 5 Councilmembers and 2 residents. The resident's seats would be ex-officio and terms would end on 1/31/14 and 1/31/16. An enabling resolution and ordinance need to be approved at a public hearing to be held on May 16, 2011, to change the composition. Following approval, the resident seats will be advertised and applications will be accepted until June 17, 2011. BUDGET IMPACT The EDA recommended the stipend for the 2 resident's seats be $IO/meeting. ACTION REOUESTED Direct staff and the City Attorney to prepare an enabling resolution and ordinance to change the composition of the EDA to 5 Councilmembers and 2 residents as ex-officios and schedule a public hearing for the May 16, 2011, Council meeting. Respectfully submitted, Cynthia Muller Executive Assistant 25 7+ City of Farmington 430 Third Street Farmington, 1\'1innesota 651.280.6800. Fax 651.280.6899 www.ci.furminl:.Ttlm.mn.LL~ TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Request for Proposals - Dental and Long-Term Disability Insurance(s) DATE: May 2, 2011 INTRODUCTION This memorandum is to request to go through separate Request for Proposal (RFP) processes allowing for a solicitation of proposals from insurance carriers to provide for group Dental and Long-term Disability (LTD) insurances effective January 1, 2012. DISCUSSION The City currently provides dental insurance through HealthPartners, Inc. and L TD Insurance through Assurant BenefIts as part of the group benefIt package provided to benefIt eligible employees. Although staff has been very satisfIed with the service provided by both carriers, State Statute ~471.6161 requires that we undertake a full scale competitive bid process to select insurance carriers every fIve years. The City has utilized the services of Jim Ochs with Integrity Employee BenefIts with regards to these types of benefIts and would continue to use his services during this process. BUDGET IMPACT Other than staff time involved with the RFP process, there is no additional cost to go through this process. ACTION REOUESTED The action requested is to approve allowing RFP processes to be used for providing Long-term Disability and Dental insurance. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: fIle 26 73 City of Farmington 430 Third Street Farmington, 1\.1inncsota 651.280.6800. Fax 651.280.6899 www.Ci.tILnl1ingttln.nl1l.LL.l TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Request to Waive Fees for Dew Days Celebration DATE: May 2, 2011 INTRODUCTION Permits and facility rental fees would normally be required for events related to the 2011 Dew Days celebration. DISCUSSION The Dew Days Committee is requesting that the City Council waive the fees for the permits and facility rental fees required for the Dew Days celebration. Council has approved the waiver of these fees in past years. It is important to note the Dew Days Committee has agreed to allow the Rambling River Center to sell popcorn during the beer and bingo event being held in the Rambling River Center's garage as a fundraiser for the renovation project. The Dew Days Committee has agreed to waive the $150 fee normally charged to concession vendors. BUDGET IMPACT It is anticipated that based on the preliminary schedule for this year's Dew Days activities, there would have been $1,833.00 collected ifpermits and facility rental fees were required. The permit and facility rental fees for the Dew Days celebration were not budgeted as revenue in the City's 2011 budget. ACTION REOUESTED Approve the request to waive the permit and facility rental fees for the 2011 Dew Days celebration. Respectfully submitted, Randy Distad Parks and Recreation Director 27 2011 DEW DAYS PERMITS The following is a listing of events, sponsors and the established fees for each event which either requires a permit or a facility rental form: Exhibition Temporary Outdoor COrd 3-17-4) 2011 Fee $15.00 Transient Merchant Permit (Ord 3-18-1) 2011 Temnorary Fee @ $45.00 Each Name of Event Flavors of Farmington Arts and Craft Sale Concessions Concessions Concessions Concessions Concessions Concessions Pancake Breakfast Father's Day Steak Fry Soonsor Dew Days Committee Dew Days Committee Kettle Kom Schroeder VFW Pizza Man Lion's Club Miss Farmington Candidates Farmington Masons Dew Days Committee 10 Events @ $45.00 = $450.00 City Facility Rental Fees Name of Event Beer and Bingo Showmobile Flavors of Farmington Soonsor Dew Days Committee Dew Days Committee Dew Days Committee Location Rambling River Center Garage Fourth and Oak Street Rambling River Park Shelter Fee $300 $800 $268 Three Facilities Rented $1,368.00 Location of Event Rambling River Park Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Total Amount of Fees Waived for 2011 Dew Days Celebration $1,833.00 28 7// /{f"HRMJ .~.-<~ 1~'f1 ~ I.. W : I.~ i \,. ,.. ~ " "..,.. A .,.,p City of Farmington 430 Third Street hl.rmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.mrmiTlgum.nlll.uo; TO: Mayor, Councilmembers, City Administrator FROM: Peter J. Herlofsky, Jr., City Administrator SUBJECT: Farmington Downtown Business Association - Fee Waiver Request DATE: May 2, 2011 INTRODUCTIONIDISCUSSION The Farmington Downtown Business Association (FDBA) has applied for a Transient Merchant Permit for the Minnesota Soybean Festival to be held May 21, Block Party July 16,2011 and its Dazzle Day Festival December 3. A Transient Merchant Permit is required by City Code to sell merchandise at these events. The Farmington Downtown Business Association is requesting the City Council waive the Transient Merchant Permit fee required. In addition to the request to waive the Transient Merchant permit fee, the FDBA is also requesting that Council waive the fees for the showmobile rental and the fees for two 300-gallon garbage containers to be used for the Minnesota Soybean Festival and the Block Party. BUDGET IMPACT A Transient Merchant Permit for one year is $65.00. The fee for the showmobile is $400.00 and the fees for two garbage containers is $75 (Two 300 gallon containers $35 (delivery fee) and $20/per container to dump). ACTION REOUESTED Approve waiver of the above fees totaling $540.00 for the Farmington Downtown Business Association. Respectfully submitted, Peter J. Herlofsky, Jr., City Administrator 29 7/' City of Farmington 430 Third Street larmington, 1\.1inncsota 651.280.6800. Fax 651.280.6899 www.ci.f.:tnTlingtl!l1.mn.LL.. TO: Mayor, Councilmembers, and City Administrator FROM: Missie Kohlbeck, Senior Center Coordinator SUBJECT: Adopt Resolution Accepting Donations to the Rambling River Center Renovation Project DATE: May 2, 2011 INTRODUCTION Donations continue to be made to the Rambling River Center's Renovation Project. DISCUSSION The following recent donations were received by Rambling River Center staff for the Rambling River Center's Renovation Project: Name of Donor Donation Amount John Enyart $100 Taylor Marie Fashions (Heidi Welbig, owner) $130 Staff will communicate the City's appreciation on behalf of the Council to these donors. ACTION REOUESTED Approve the attached resolution accepting the donations that have been made to the Rambling River Center's Renovation Project. Respectfully Submitted, Missie Kohlbeck Senior Center Coordinator 30 RESOLUTION No. R23-11 ACCEPT DONATIONS TO THE RAMBLING RIVER CENTER'S RENOVATION PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of May 2011, at 7:00 p.m. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS, John Enyart has donated $100 to the Rambling River Center's renovation proj ect; and, WHEREAS, Heidi Welbig, owner of Taylor Marie Fashions, has donated $130 to the Rambling River Center's renovation project WHEREAS, it is in the best interest of the City to accept such donations. 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(/) (/) (/) (/) (/) (/) III 1:: 1) _[It) ~ g 0 8 8 !:: !:: 0 0 en en en en <0 g. CIl e! C <0 <0 '" <0 <0 """ """ N """ en ::J ' ~ .,; .,; 0 0 Il5 ~ 0 0 cD cD .,; ~ g a: o lZ <Xl <Xl ~ '" ~ ~ ~ I'- en 0 ~ N N '" """ """ en_ C .,f ~ ~ E 0 E 0 5 (/) ... ... ... (3 ~ ... ... ... 0 0 0 0 ..J ~ ~[ ~ ~ ~ ::iE ~ ~ ~ ::J .c U ~ Iii il ... ~ ... u ... .... I- ... III III It) 0 II) It) ... ... ... a: z ... ... ... lOa- City of Farmington 430 Third Street Farmington, Minnesota 651,280.6800. Fax 651.280.6899 ww'w.ci.tarmingtlm. TIln.LL'i TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Approve Pun Amendment - Fairhill DATE: May 2, 2011 INTRODUCTIONIDISCUSSION Attached is an amended Pun agreement for the Fairhill Development. The amendment is necessary due to the addition of ownership interest in the property covered by the Pun agreement. David and Karen Finnegan are purchasing part of the northern portion of the development. Astra Genstar Partnership will continue to be the developer of the entire property covered by the pun, and will retain the originally agreed upon development plan. The changes to the pun agreement are limited to those necessary to add the Finnegans as additional owners of the property. Staff, as well as the City Attorney have reviewed the changes and are recommending that Council approve the amended pun. The proposed changes to the pun agreement do not in any way diminish the City's security interests in the property related to the assessments for the 195th Street project. BUDGET IMPACT None. ACTION REOUESTED Approve the attached pun agreement for Fairhill, amended to add David and Karen Finnegan as owners of a portion of the subject property. Respectfully Submitted, Kevin Schorzman City Engineer cc: file 54 -,------ style DefInition: Nonnal: Font: "" (Default) Callbrl, 11 pt, Space After: "'" 10 pt, Une spadng: Multiple 1.1511 .1 ' style DefInition: Char Char: Font: (Default) Tahoma, (no proofing), Pattern: Clear (Dark Blue) y- ------------ ~_:</-{ Deleted: 5/29/08 m- ----{ Formatted: Centered CITY OF FARMINGTON PLANNED UNIT DEVELOPMENT CONTRACT FOR FAIRHILL (AMENDED) THIS AMENDED PLANNED UNIT DEVELOPMENT CONTRACT ("PUD CONTRACT"), made and entered into and effective on this _ day of I ~O_l J . by_ ~<i _ ~~1J.B. the _ ~ITX _():If:lf ~9rQ:N, _ a l\1~l?~.'?!a- _Illl1l1icil'al. C<?!1?~~ati()~ hereinafter referred to as the "CITY," and ASTRA GENSTAR PARTNERSHIP, LLP, a ...f Deleted: 2008 Minnesota limited liability partnership, hereinafter referred to as the "DEVELOPER," and. respectively. MICHAEL E. MCMAHON AND RICHARD M.C. GLENN III TRUSTEES UNDER TRUST AGREEMENT DATED MARCH 19, 1976 WITH FRED M. SEED AS DONOR FOR JAMES MICHAEL SEED AND DAVID J. FINNEGAN AND KAREN L. FINNEGAN. HUSBAND AND WIFE. as more fuIIy identified on the attached Exhibit H and hereinafter referred to as the ,..{ Deleted: ." "OWNE~." _'I11!~_~~Ilded P:QR.c::;ONTMc::;J rel'l~~es and sUJl~!~~<i~s_inits entiretx_~YP6()~m_-"" version of the PUD CONTRACT. Subject to the terms and conditions of this PUD CONTRACT, and in reliance upon the representations, warranties and covenants of the parties ...f Deleted: OWNER herein contained, 1he CIlY, 1he.oWNERS aodthe IJE\'IlI-QPER~ hereby agree as folloWS:...... ~u/:/A __ ""'" . ~ I L..um uL____ ARTICLE 1. RECITALS 1.1) The DEVELOPER has applied to the CITY for COMPREHENSIVE PLAN AMENDMENT, preliminary plat and preliminary development plan approval of the SUBJECT PROPERTY in accord with the PUD PLANS for the F AIRlllLL DEVELOPMENT (hereafter "F AIRlllLL" or "F AIRlllLL PROJECT"). 1.2) The DEVELOPER has applied to the CITY for a PUD zoning designation and application of the PUD ORDINANCE to the SUBJECT PROPERTY. The SUBJECT PROPERTY legal description is attached as Exhibit A. 1.3) In conjunction with the granting of these approvals, the CITY requires the dedication, installation and/or availability of various streets, utilities, trails, ponds, parks, and other facilities. 1.4) Under authority granted to it, including Minnesota Statutes, Chapters 412, 429 and 462, the COUNCIL has approved the COMP PLAN AMENDMENT PRELIMINARY PLAT and PUD PLANS for the SUBJECT PROPERTY and is rezoning the SUBJECT PROPERTY to the PUD ORDINANCE on condition that the DEVELOPER andPWNERS _el*~n_------{ Deleted: OWNER into this PUD CONTRACT, which contract addresses the development parameters of the COMP PLAN AMENDMENT, the concept site plan, preliminary development plan, the PRELIMINARY PLAT, and the other PUD PLANS and the zoning designation under the PUD ORDINANCE for the SUBJECT PROPERTY and further defines the work which the DEVELOPER shall undertake to complete within the boundaries of the SUBJECT PROPERTY. 1.5) The CITY adopted the final Alternative Urban Area Review ("AUAR") for the SUBJECT PROPERTY pursuant to Minnesota Rules, Section 4410.3610 in January 2004; an updated AUAR was accepted by the CITY on August 21,2006. 1.6) The DEVELOPER holds an ownership interest in all of the SUBJECT PROPERTY, either by means of being the fee owner or by means of being a contract vendee, or pursuant to a purchase agreement. 1.7) The T()WNE~_~_ ()fthe _ ~lJl3JE:C;:I J.l~Q}>~R:rx:,_~~~l:t_~_e~I1~_l?t _toJl1eir: _~~l'aI:ate___ _ mm_- __--{ Deleted: OWNER ownership interests in the SUBJECT PROPERTY. agree to the regulatory controls and the -------{ Deleted: jointly and severally. agrees restrictions on DEVELOPMENT that are imposed by this PUD CONTRACT. TheT()~RS u/---{ Deleted: OWNER acknowledges acknowledge and understand.th~tthJ~ I'@ <:::Q~<:::'f.i111I'O_S~~ _rl?~M_cti()n~al1(t()1>lig~tiolls ()~ w _ / - { Deleted: s the DEVELOPMENT of the SUBJECT PROPERTY as a whole and accepts such restrictions. Notwithstanding the foregoing, the obligations of the DEVELOPER are not those of the OWNERs., unless the.oW1'JF:RS engageinp.~~:L9}>Mf:1'ITb~ecl_o_n writtenc()l1sent ofthe____ /---{ Deleted: OWNER engages DEVELOPER and approval by the CITY. 1.8) The DEVELOPER, the.oWNERS at1cLthf)GI'IY_int~ncl_thatthe~lJl3JE:gru PROPERTY will be developed and used as F AIRHllL in accordance with the PUD CONTROLS. /--{ Deleted: OWNER :,.{ Formatted: Font: 9 pt I.. uuuu_n__2 1.9) The SUBJECT PROPERTY comprises approximately 965 acres. The SUBJECT PROPERTY will be developed in stages or phases so that each stage or phase will be in accord with the PUD CONTROLS including the DEVELOPMENT CONTRACT for each phase or stage. The stages or phases will be determined by the DEVELOPER, consistent with the PUD CONTROLS. For purposes of calculating fees for F AIRHILL, net acreage shall be determined based on the provisions of City Code, resolutions and policies in effect at the time of application for CITY approvals. The breakdown of the land area to determine net acreage under current City ordinances is described on Exhibit B. 1.10) The SUBJECT PROPERTY will be fmal platted in phases,. ~~th the iI1i!ialI>l1as€l~___~~~~~~~{ Deleted:. The ~onsisting~~iIn~ily of a.re~ t() ~b€l.~e.di~elyd€lciic~eci .t.!? tlle <:;ITY f()~. Str€let all4Parl<........... n~ ~ ~ .' ~ ~ { Deleted: will consist improvements (pHASE 0 or INITIAL PHASE PLAT). an~_~Jth PHASEJ,Illatt€ldiI1Jot:s.al1d__m~_~~'~'{ Deleted:). bloc~ as S?own JRtlle J>r€llinliI1ary J)lat:-:Pl1liSeJ (llfOl) Jor ap~r()xitt1a.t(lly ~4.2)ots, alld th~ __ __ __ <- - - --{ Deleted: will be remaInder ~ olltlot:s... ~y_ ~ll~l.agre_eIl1eI1t.th€l.P_artle~ _I.J:111yd€lVlllte 1i'OIl1_th€l.PJ:oJ€lct€ldJ)l1as_~g. n ~ _ '--.:--- { Deleted: on plan. The remaining outIots will be later submitted in phases for PRELIMINARY and FINAL \-......{ Deleted' Th ] PLAT approval into lots and blocks. When PHASES or portions or combination of PHASES are ... .... . . e ready for development, consideration will be given to the FINAL PLAT and FINAL PLAT '...., { ::::~~a: SUBJECT PROPERTY ] PLANS for those particular portions in accordance with the PUD CONTROLS. Nothing '.( Deleted: ] contained in this PUD CONTRACT is deemed a FINAL PLAT approval for any of the PHASES at this time. Notwithstanding that FINAL PLAT approval will be staged commensurate with the timing of the DEVELOPMENT of the individual PHASES, the parties understand and agree that by this PUD CONTRACT, the CITY is granting a PUD zoning designation pursuant to the PUD ORDINANCE for the SUBJECT PROPERTY and is approving certain PUD PLANS referenced herein. The parties acknowledge and agree that the PUD PLANS will have to be supplemented and refined and FINAL PLAT PLANS prepared to receive CITY approval before any DEVELOPMENT can occur on particular PHASES. The parties understand, agree, and intend that the FINAL PLAT PLANS shall be controlled by the PUD PLAN, including the PUD CONTROLS. 1.11) The DEVELOPER, CITY andP.~~Snagr(l€l_!!?_(;o~I>ly~~~th_tlle:PlJ:I>_______n~ ~~~~~~{ Deleted: OWNER CONTROLS for a period of twenty (20) years. Subject to performance by the DEVELOPER and OWNER, the CITY will allow DEVELOPMENT on the SUBJECT PROPERTY in accord with the PUD CONTROLS, and any amendments thereto mutually agreed to by the parties. ARTICLE 2. PUD ZONING 2.1) PUD ORDINANCE - FINDINGS. The COUNCIL finds that the SUBJECT PROPERTY should be and is hereby rezoned pursuant to the PUD ORDINANCE. The COUNCIL finds that such rezoning accomplishes the following: (a) Provides the means for greater creativity and flexibility and environmental design than is provided for under the strict application of the existing zoning code while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the CITY and its inhabitants; I "~~___.m ~ ~~~~~.~3._________._n //{ Formatted: Font: 9 pt -------------- --------------- (b) Functions as a catalyst in assisting resolution of transportation issues by facilitating the preservation of four-lane right-of-way and initiating construction of a two- lane extension of 195th Street, with a bridge, connecting the west side of the CITY to TH 3 and by the DEVELOPER'S reserving right-of-way for the possible future construction of Diamond Path through the SUBJECT PROPERTY, all pursuant to long-term transportation policies and plans of the City and County; ( c) Functions as a catalyst in assisting resolution of park facility issues by ,preservitlg _ _ _ _ _ _ _ - - { Deleted: dedicatim, mmrnYimotelv 42 acres in the southwest comer of the SUBJECT PROPERTY for CITY construction of youth ball fields, while also reserving adjacent property for potential CITY purchase; (d) Encourages a creative and efficient approach to the use of land by concentrating the majority of development on upland areas east of North Creek and the railroad tracks and away from wetlands, steep slopes and adjacent open space; ( e) Encourages the preservation and enhancement of desirable land characteristics and open space especially through the retention and enhancement of wetlands, woodlands and open space adjacent to North Creek, a tributary to the Vermillion River, through the protection of steep slopes, and by the construction of approximately five miles of public trails connecting to existing CITY trails; (f) Mixes lifecycle housing and a neighborhood commercial area, with active and passive public and private parks, connected by a substantial network of public trails, all surrounding a passive public park in the middle of the SUBJECT PROPERTY; and (g) Encourages an integrated development pattern and a harmony with the land use, density, transportation facilities and community objectives of the COMP PLAN. 2.2) DEVELOPMENT AND LAND USE. The land use ofthe SUBJECT PROPERTY shall be in accord with the COMP PLAN AMENDMENT, PUD ORDINANCE and PUD PLANS. Unless the COUNCIL by separate action approves otherwise, no DEVELOPMENT or use shall occur on any PHASE, until the PRELIMINARY or FINAL PLAT PLANS for that PHASE have been approved by the COUNCIL. PRELIMINARY or FINAL PLAT PLANS reasonably consistent with the COMP PLAN AMENDMENT and PUD PLANS will be approved by the COUNCIL. The list ofPUD PLANS are attached as Exhibit C and incorporated herein by reference. 2.3) DENSITY. The PUD PLANS for each PHASE may reflect different densities, provided overall density for the SUBJECT PROPERTY shall be in accord with the COMP PLAN AMENDMENT and PUD ORDINANCE. Specific land area densities will be as set forth in the attached Exhibit D. 2.4) RESTRICTIVE COVENANTS. Prior to the FINAL PLAT approval for any PHASE or combination of PHASES, the DEVELOPER shall submit model deed restrictions, covenants, agreements, bylaws and a proposed homeowner's association or other documents or contracts controlling the use and maintenance of the land within the particular PHASE. These documents shall be subject to the review of the CITY Attorney. The documents shall provide for (i) architectural design and exterior materials guidelines; (ii) maintenance of the private park and ,.,.{ Formatted: Font: 9 pt II. 4 other private facilities by the association; (Hi) maintenance of private streets, trees and landscaping in center islands, medians, and boulevard areas on public or private streets and common areas, and other designated areas. The documents shall also insure the continued maintenance of private facilities and common areas, if any, within each PHASE by the DEVELOPER or the established homeowners association and shall be recorded with the FINAL PLAT. The Developer shall maintain and display in a prominent location at any model home or sales office within F AIRHILL the deed restrictions, covenants, agreements, bylaws and homeowners association or other documents or contracts controlling the use and maintenance of the land within the particular PHASE. 2.5) CHANGE OF ZONING. The SUBJECT PROPERTY is intended to be developed as an overall integrated, unified, and planned unit development pursuant to the COMP PLAN AMENDMENT and PUD CONTROLS. Subject to Article 5 of this PUD CONTRACT, no change in zoning shall affect the SUBJECT PROPERTY during the term of the PUD CONTRACT unless agreed to by the parties. PUD PLANS 2.6) APPROVAL OF PUD PLANS. The CITY hereby approves the PUD PLANS. 2.7) PUD PLANS CONTROL DEVELOPMENT. DEVELOPMENT on the SUBJECT PROPERTY shall conform to the PUD PLANS and FINAL PLAT PLANS. Design standards for single family and multi-family dwellings are shown on Exhibit E. These design standards confirm minimum lot types with development requirements. 2.8) PUD CONTROLS. The DEVELOPER and CITY agree to comply with the PUD CONTROLS and amendments thereto. Subject to performance by the OWNER and DEVELOPER, the CITY agrees to allow DEVELOPMENT on the SUBJECT PROPERTY in accord with the PUD CONTROLS and PUD PLANS, and amendments thereto. ARTICLE 3. PRELIMINARY AND FINAL PLAT. PHASE.!__ ...{ Deleted: o AND PHASE __:::: -- { Formatted: No underline 3.1) DURATION OF PRELIMINARY PLAT APPROVAL. Notwithstanding any other law, regulation or ordinance to the contrary, approval of a preliminary plat for th~_Initi~L_m__----'{ Deleted: PHASE Phase or Phase 0 andfl1as~ J ~~~IIJ:>~ _y~!~~ [or fi~e_ ):'~_~ ~l11d_ ~l'l'r()"a~_ ~fapx~lilI1ill~ 'pl~!X()r" < /{ Deleted: l'HASE a subsequent phase or stage shall be valid for two years from the date of approval. \;::--{ Deleted: llal:h \::-{ Deleted: firnntbeirr""""",,vedatesof ] 3.2) APPROVAL OF PHASE J J?RELIMlliARY f~1\T ySubj~toJl1eJtlJ:llls_81l<i_m { Deleted' ~ ] conditions of this PUD CONTRACT and subject to conformance with the other PUD PLANS, UU\:':___:f :] the CITY hereby approves the PRELIMINARY PLAT ~itlUtlsp'e~ toJ)llA~:B: 0 or,tlleINp:rAL" _ '.:'--,,' Deleted. Q . PHASE. consisting of the road and park areas~. The FINAL PLAT for PHASE 1 shall be "'" '.) Deleted: AND FINAL ] submitted for CITY review and approval at the discretion of the DEVELOPER and shall "'" { Deleted: ] conform to the requirements of the PUD CONTROLS. Notwithstanding the current design of ,{ Deleted: and FINAL PLAT ] the PRELIMINARY PLAT. the DEVELOPER may submit a FINAL PLAT for the INITIAL PHASE encompassing solely the right-of-way for the extension of 19Sth Street and construction of the roundabout at TH 3. and other street park and stormwater retention areas. :A Formatted: Font: 9 pt I.. uui_uu_n_ 3.3) FINAL PLAT. PHASE) REc:;()lUJIN:(J~n1'l1eJINM~}>~1\T for~the INI1:I1\L nnu~~-~-~-{ Deleted:Q PHASE.sl1a,11~erec~or4ed\\'ith.iI1~@Aa)'s orin~ the alterI1~tive withjn fi~eyears iKtl1e9~~~m~__~~~~{ Deleted: 0 has conveyed or otherwise dedicated for public pw:poses. including right-o~-:wa'y. Jl!l:~Jic utiH!!e_s~~~~~~~~-l Deleted: executingthisPUD or public parks or trails that portion of the FINAL PLAT for the INITIAL PHASE depicted as CONTRACT such. retaining for development pw:poses in Outlots that portion not dedicated for public pw:poses. ARTICLE 4. RELATIONSHIP OF PUD PLANS TO FINAL PLAT PLANS AND FINAL PLATS 4.1) PHASING. Final platting of the SUBJECT PROPERTY shall occur in PHASES. 4.2) FINAL PLATS. Grading and installation of public utilities on the entire SUBJECT PROPERTY may be .p~l1llitte4'uattheJ?~y:gI..():p~]q)risl<, llPon apprClyat ()fth~ n m u/ ~~~{ Deleted: PRELIMINARY PLAT, subject to review and approval by the CITY Engineer of final grading and utility plans, and at the discretion of the CITY Engineer. No other DEVELOPMENT will occur on any PHASE until the COUNCIL approves the FINAL PLAT for that PHASE and the FINAL PLAT is recorded with the COUNTY. The DEVELOPER and OWNER shall record the FINAL PLAT for each PHASE within six months after signature on the FINAL PLAT by all signatories required by Minnesota law. The DEVELOPMENT CONTRACT for each such PHASE shall also be executed after PRELIMINARY PLAT approval and before FINAL PLAT approval. 4.3) RELATIONSHIP OF PUD PLANS TO FINAL PLAT. The COUNCIL shall approve FINAL PLAT PLANS, including the DEVELOPMENT CONTRACT for each PHASE, that confonn to the PUD CONTRACT and PUD PLANS. 4.4) INCONSISTENCY AMONG PUD CONTROLS. To the extent an inconsistency or conflict exists among the PUD CONTROLS, the following documents in descending order shall govern: (a) FINAL PLAT PLANS (b) PUD CONTRACT (c) PUD PLANS (d) PUD ORDINANCE (e) ZONING ORDINANCE (f) SUBDMSION ORDINANCE. I ~ mmuun __uu~n6~u j'/'/{ ........., Rme 9 ~ ARTICLE 5. RELATIONSHIP OF PUD CONTRACT TO SUBJECT PROPERTY 5.1) RELATIONSIllP OF PUD CONTRACT TO SUBJECT PROPERTY. This PUD CONTRACT applies to and runs with the SUBJECT PROPERTY. This PUD CONTRACT does not apply to real property outside of the SUBJECT PROPERTY. 5.2) CHANGE OF ORDINANCES. The COUNCIL finds that the F AIRHILL PROJECT is a planned and staged development within the meaning of Minn. Stat. ~ 462.358, subd.3(c). Pursuant to Minn. Stat. ~ 462.358, subd. 3(c), the CITY agrees that if the following conditions are being met: (a) DEVELOPER is not in material DEFAULT under this PUD CONTRACT; (b) DEVELOPER has either a fee title interest, optionee, or a contract purchaser - vendee interest in the PHASE; then for twenty (20) years from the date of this PUD CONTRACT with respect to the SUBJECT PROPERTY, the CITY will not, without the consent of the DEVELOPER, apply any changes to the City Code provisions with respect to the following: (a) permitted, conditional and accessory uses; (b) development density; (c) lot size; (d) lot layout, coverage, depth or width; ( e) building setbacks; (f) street, other right-of-way, or utility dedication requirements; (g) park dedication requirements or fees in lieu thereof; or (h) platting requirements, including the timing of phases or stages lfthfl I>:g~I-Q:p:g~ l'e'lu_est~a cl1811ge_ t() _*e _ JlTJI:)c:Q:NJ1~.<:>PHor flsl'ec:ific_ :Pffi\~:g _ _ n n _,' ,- - -1 =:~~:ont: TImes New and the CITY grants the change, then the above restrictions do not apply for that PHASE. I Except as provided above, fees for each PHASE shall be calculated using the City fee ordinance in effect at the time of approval for that PHASE. Me_r thfllw.;t~ay_orth~ _~~J?~J~th(20) yellrfi:o~_!hl?_ ~l!*~ _<?f~~l?c~~i~~ _<?f WsJ)TJI:)nn n _n_'--- --{ Deleted: , CONTRACT, the CITY may, with notice ~_reSlllit:ed by law tothflp:gYE_i.QJl:gR()rQw:r-ml~.'sL:------{ Formatted: Font color: Auto change the PUD ORDINANCE and other platting and zoning provisions with respect to the ------{ Formatted: Underline above matters and this PUD CONTRACT shall automatically terminate. ,,.{ Formatted: Font: 9 pt I Lm nnnnn_ _ _ _ _ n _ _ _ -1- _ _ _ _ _ _ _ n_ 5.3) CHANGE OF PUD CONTRACT AND DEVELOPMENT CONTRACT. The CITY and the DEVELOPER of any respective PHASE may mutually agree to change this PUD CONTRACT and the DEVELOPMENT CONTRACT for a particular PHASE. ARTICLE 6. STREETS 6.1) DEDICATION OF STREETS. The Roadway Typology Plan (pUD08, 09) shows the street system within the SUBJECT PROPERTY that will serve the F AIRHILL PROJECT. All such streets shall be dedicated to the CITY upon the recording of the FINAL PLAT for each PHASE. (a) 195th Street Construction: The DEVELOPER shall dedicate 150 foot right-of- way for 195th Street with the FINAL PLAT for the INITIAL PHASE.(1)HASE _ _-----{ Deleted: R, Q1. The City will construct the INITIAL 195th STREET IMPROVEMENTS and specially assess the DEVELOPER'S share of costs relating to the construction as discussed below in Section 6.8. Notwithstanding its dedication, the DEVELOPER, at its own cost and risk ofloss, shall be allowed to plant temporary landscaping materials in the right-of-way for the future phase of 195th Street, upon review and approval of the landscaping plan by the CITY. All maintenance costs relating to such temporary landscape plantings shall be borne by the DEVELOPER and it shall retain full ownership and control of such plantings. The CITY will use its best efforts to include suitable fill from the SUBJECT PROPERTY in the bid specifications for INITIAL 195th STREET IMPROVEMENTS. The DEVELOPER and CITY will consult regarding the schedule relating to 195th Street construction. The City will oversee such construction to ensure timely completion. The DEVELOPER will dedicate right-of-way for the extension ofDeerbrooke Path and public trails from Mystic Meadows to the intersection with 195th Street as part of the FINAL PLAT for the INITIAL PHASE (pHASE O)'aIl~Grrx\ViIL_------{ Deleted:....JM construct and pay for the extension ofDeerbrooke Path and public trails as part of the construction of 195th Street. (b) Diamond Path: The DEVELOPER will not be required to~~~_4ic.atetightl?K~~)'__m-------{ Formatted: No underline for the extension of Diamond Path, north of its connection to the extension of 195th Street as part of the FINAL PLAT for the INITIAL PHASE (pHASE O). A potential right-of-way corridor has been identified on the COMP PLAN AMENDMENT and PUD PLANS. Ifbuilt, the DEVELOPER will not contribute to the cost of construction of Diamond Path, either directly or through special assessment unless a specific PHASE proposes the access to be constructed or the improvement can be assessed based on benefit provided under M.S. ~ 429.081. i/) Formatted: Font: 9 pt I.. uuuuu_&______ (c) TH 3: The DEVELOPER will dedicate right-of-way for turn lanes on TH 3. Access control for TH 3 will be provided with the FINAL PLAT for each PHASE, tied to approval of access to the SUBJECT PROPERTY from TH 3. The CITY will cooperate with the DEVELOPER to secure access to the SUBJECT PROPERTY as shown on the PUD PLANS. The DEVELOPER shall contribute Three Hundred Ten Thousand and 00/100 Dollars ($310,000) for construction of the Hwy 3 Roundabouts, to be paid at the time offl!laLt~lat, ''-''-'{ Deleted: FINAl. Pl.AT approval for J:he Initial Phas,e,(}>l1ase <U'u nuuuuunuu'uU uu."",-{ Deleted:~ 6.2) PLANS. Street layout and right-of-way widths shall conform to the Roadway Typology Plans. 6.3) TESTING. Prior to FINAL PLAT approval for any particular PHASE, the DEVELOPER shall provide such soil borings, final road designs, typical pavement sections and grading quantities for the roadway serving abutting or connecting to the PHASE as may reasonably be required by the CITY Engineer. 6.4) GRADING STREETS. The DEVELOPER shall grade all public streets, boulevards, and driveways within each PHASE to CITY approved grades and cross-sections in accordance with the PUD PLANS and DEVELOPMENT CONTRACT for such PHASE. 6.5) STREET SIGNS. The DEVELOPER shall be financially responsible for the installation of street identification signs and non-mechanical and non-electrical traffic control signs within the SUBJECT PROPERTY consistent with standard City engineering detail plates for all public streets and as proposed by the DEVELOPER and approved by the CITY for all private streets. 6.6) BOULEVARD AND AREA RESTORATION. With respect to streets within each PHASE, the DEVELOPER shall lay cultured sod in the boulevards as required by the DEVELOPMENT CONTRACT for the PHASE. 6.7) SUBDMSION MONUMENTS. At the time of FINAL PLAT, the DEVELOPER, at its own expense, shall install all subdivision or plat monuments required by law or reasonably required by the CITY, including but not limited to lot monuments and buffer signs. 6.8) CONSTRUCTION. TIMING AND FINANCIAL ASSURANCE. The DEVELOPER shall, at its expense, commence and complete construction of the streets within each PHASE by the schedule in the DEVELOPMENT CONTRACT for such PHASE. The CITY shall make every reasonable effort to begin construction of the INITIAL 19STH STREET IMPROVEMENTS by July 2008 to ensure that the DEVELOPER has access to the SUBJECT PROPERTY, and to substantially complete the construction not later .th~,~(),:elllb.er)L2QI0. , Formatted: Font color: Auto , " , " "","' / / .{ Formatted: Font color: Auto ..,__", _ Jl:1tl ,c;r;rx ,~~,~n ,~~ess, Ilo,lll()re, tl1~, !'!':~_lllillioJl s~ 111lIldr~d,llllcl !()ur, tl1()usancl. _.,. _.... _,,::,<,::. { Formatted: Font color: Auto dollars ($5,604,OOO)...of tlte .co.~!s ()f. ~()Il~~ctit1g tlttl ,brilige. ~li. fu~~. ~o.l~es. ()f 19~tl1Street ()l1, j'>"., I Formatted: Font: Bold, Font color: :eJ~':~~:~~~~~~t;r~~::;~c~~~Il~~~~:~c1~~~~~[i~~~e!m~~?ed'aii~::::::::::;;~:~:-{ ~:atted: Font color: Auto drainage areas, as well as installation of utilities, drainage, trails and roadway surface /,.{ Formatted: Font: 9 pt I ..u________________ ,u____,____.________u _____,9, _uu____nn.u.____ __,uu.u__n____u _u, ,_uu____ , Formatted: Font color: Auto , Formatted: Font: Not Bold, Font color: Auto improvements, all as detailed in the Feasibility Study for 195th Street dated January 17,2006. The CITY will issue 15 year general obligation im.8fovement bonds pursuant to Minnesota Statutes, Chapter 429 to finance the INITIAL 195 STREET IMPROVEMENTS. The CITY currently estimates that the INITIAL 195TH STREET IMPROVEMENTS will cost.~~,n5,()O~ The CITY will, in conjunction with Dakota County pursuant to the JOINT POWERS AGREEMENT, pay 16% of the cost of the INITIAL 195TH STREET IMPROVEMENTS, Dakota County will pay 37%, and the City will specially assess 47% of the costs of the INITIAL 195TH STREET IMPROVEMENTS against the SUBJECT PROPERTY. The special assessments to be levied as described below will be payable in installments over a term of 10.5 years with interest at a rate equal to the rate the CITY is obligated to pay the general obligation improvement bonds referenced in this Section 6.8, plus 5 basis points. Payment of special assessments from the DEVELOPER and OWNERS will be deferred, with no interest accrual until the COUNTY completes payment of its cost share relating to the INITIAL 195TH STREET IMPROVEMENTS, estimated to be 4.5 years. Thereafter, the DEVELOPER AND OWNERS shall be obligated to make payments on a per-lot basis over 10.5 years. The DEVELOPER AND OWNERS will not be required to post a letter of credit or any other type of security for the costs relating to the construction of the INITIAL 195TH STREET IMPROVEMENTS. _,'------{ Formatted: Font: Not Bold \-,::--{ Deleted: \:<:,{ Formatted: Font color: Auto '\'( Formatted: Font color: Auto \( Formatted: Font: Not Bold The DEVELOPER AND OWNERS hereby consentt()aIlass~sslllelltb.YJh~_.9.TITiI1aIl u__------{ Deleted: ~ amount not to exceed .$~~6()'M()() -< o!sucI11es~er fitlal ~llllOllD.td~tel'Illine(by tile _ c::lJY' ~ mum m_ _ _ - - - - { Formatted: Font color: Auto Finance Director) against the SUBJECT PROPERTY (to be allocated among lots and outlots in the FINAL PLAT), pursuant to Minnesota Statutes Chapter 429 and waives any and all procedural and substantive objections to a special assessment in that amount, including, but not limited to, notice and hearing requirements, claims that the SUBJECT PROPERTY, or any part thereof, does not receive a benefit from the INITIAL 195TH STREET IMPROVEMENTS, claims that the assessment is not uniform upon the same classes of property and claims that the amount of the special assessment allocated to any lot or outlot exceeds the benefit to such lot or outlot. DEVELOPER AND OWNERS also waive...aIly_aJ>pelll!igl:1ts_()tIle1"\\'ise_ll"ailfllJl~p~sl1aIltt()_mm_------{ Deleted: ~ Minnesota Statutes, Section 429.081 and any rights available under the CITY Ordinances. The consents and waivers set forth in this Section 6.8 run with title to the SUBJECT PROPERTY and are binding on the DEVELOPER and its successors and assigns. The CITY does not intend to levy the special assessment until the FINAL PLAT is approved. Until the CITY levies the special assessment, the special assessment constitutes a pending special assessment. Once the CITY levies the special assessment, DEVELOPER AND OWNERS must pay the installments of special assessment certified for payment with annual real estate taxes when and as they become due, but not until the COUNTY completes payment of its cost share as described above. Upon the recording of the FINAL PLAT the pending special assessment described in this Section 6.8 will be allocated among the lots and outlots as determined by the CITY'S Finance Director. If the cost of the INITIAL 195TH STREET IMPROVEMENTS is greater than anticipated, the A Deleted: has CITY reserves the right to levy an assessment in a greater amount or levy supplemental ,./ A Formatted: Font color: Auto assessments pursuant to Minnesota Statutes, Section 429.071, but the DEVELOPERA@uum/' /A Deleted: OWNERS have not, in any way, consented or agreed to an assessment in an amount greater than :/:-{ Formatted: Font color: Auto Mi_,_~()..,O()O._or_ t() _su'ppl~1?1~~1:lllasse~~~eIlts_ ()r'\\'Il~Y~ _aIlY_llPp~~I_ tigh~ _'\\'~!l1_res'p~ct t() _all_ _ _ _ _ _ _ _ _ _ _l<'- - { Formatted: Font: Bold assessment in an amount greater than lS.s,(j()4,()()O_ ()~_ t()suPJ>lelll~n1:llLas_ses_sIIleIlts. u n n U U U m U U U u': - -- - - { Formatted: Font: Bold, Font color: ", l Auto The CITY will not assess the OWNERS OR DEVELOPE~r any successor developer ""{ Formatted: Font color: Auto of any of the sobseqoeot phases any of the costs relating to the 195 STREET /it __ "'" 9 ~ I.. lQ._u IMPROVEMENTS, other than those specified herein regarding the INITIAL 195TH STREET IMPROVEMENTS. The City may assess successors and assigns for the construction of subsequent improvements to 195th Street consistent with state law and city policies. Under Minnesota Statutes, Chapter 429, the CITY may cause the amounts assessed against the SUBJECT PROPERTY to be payable in a single installment or in equal annual installments extending over a period not to exceed 30 years. The CITY will make the special assessment described in this Section 6.8 payable in annual installments extending over the 10.5 years in consideration for this PUD CONTRACT to pay the entire, uncertified balance of the assessment levied pursuant to this Section 6.8 against any lot or outlot (whether such lot or outlot is created in the FINAL PLAT or is created as a result of a subsequent subdivision of all or a portion of a lot or outlot created in the FINAL PLAT or subsequent plat for a PHASE) upon the sale or other transfer (including, but not limited to, the conveyance of equitable ownership pursuant to a contract for deed) of that lot or outlot. If the DEVELOPER.orO~~RS (:onvex_m__------{ Deleted:~ or otherwise transfer ownership ofa lot or outlot sub1ectto the assessment described in this _------{ Deleted:~ Section 6.8 before the CITY jeViesiheassessmen~ihe -DEVELOPER must escrow the portlon- of the pending special assessment attributable to that lot or outlot with the CITY or with a title insurance company reasonably acceptable to the CITY to provide for the payment of the special assessment attributable to that lot or outlot when the CITY levies the special assessment, and the purchaser must, in the escrow agreement, acknowledge and agree that it is subject to and bound by the consents and waivers described in this Section 6.8. If the DEVELOPER elects to escrow the funds with a title insurance company, the CITY must be a party to the escrow agreement. 6.9) SEAL COATING. The DEVELOPER will deposit funds for seal coating of dedicated streets with each PHASE consistent with the CITY policy in effect at the time of the FINAL PLAT for that PHASE. ARTICLE 7. UTILITIES 7.1) INSTALLATION OF UTILITIES WITHIN THE PHASE. The DEVELOPER shall be responsible for installation and construction of sewer and water lateral lines and services within each PHASE to serve the DEVELOPMENT therein. The DEVELOPER may sell, convey or otherwise assign its rights to a third party for a phase or stage, with approval of the CITY, provided such third party assumes responsibility in writing for the obligations in this section and other conditions of the CITY. 7.2) STANDARDS. The sewer and water lateral and service utilities shall be constructed by the DEVELOPER within each PHASE according to the standards in the PUD PLANS and as approved by the CITY Engineer. 7.3) TIMING. The utilities shall be completed by the dates established in the applicable DEVELOPMENT CONTRACT for each PHASE. 7.4) FINANCIAL ASSURANCE. The DEVELOPER shall post the fmancial assurance required by the DEVELOPMENT CONTRACT for each PHASE, not to exceed 125% IL mn_umll i//.I-'-'~ of the estimated cost of the improvements within each PHASE as determined between the City Engineer and DEVELOPER. 7.5) TRUNK SANITARY SEWER AND WATERMAlli'uJ):E.~I,.()P:E.~sl1a1L---'{ Deleted: cooperate with the CITY in the planning, design and construction of trunk sanitary sewer lines and wateQllllin~vtitll_su.fficit}nt ~apllcity to. rt}ct}ive all. Sallital)' se",ert1o""fr()ll1 tile. t}ntire _. . . . _ .. _ _ _ . _ / { Deleted: DEVELOPMENT, and to provide sufficient water supplies to the entire DEVELOPMENT, plus additional capacity to service other areas of the CITY. (a) The CITY shall, consistent with City fee ordinances in effect at the time of FINAL PLAT of each PHASE, impose a trunk water main fee but will credit the DEVELOPER that portion of the cost of construction of trunk sanitary sewer and wateQIlairls llttIibllta.blt} to. th.e (;al'a(;ity t}x.cee~ing th.at ~e<:e~sary t() .sel"Vt}tht}........ _.' / { Deleted: DEVELOPMENT. .Sirlce thep~~L()l:JEJ~Js co~structing__~I1.trunlcJll,?!lities ../--.{ Formatted: UnderlIne necessary to serve the entire DEVELOPMENT. no trunk sanitary sewer fee nor City Sewer Availability Charge (SAC) will be imposed against the SUBJECT PROPERTY. A!l fees !lnd chargt}s by th~ Me~op.oli!lln Counci1.Envirollll1.t?~~L _.....{ Formatted: Underline Services or other state agency will be charged. ARTICLE 8. STORM SEWER 8.1) STORM SEWER PLAN. DEVELOPMENT on the SUBJECT PROPERTY shall conform with the DRAINAGE PLAN and UTILITY PLAN as approved by the CITY Engineer. 8.2) TIMING. The storm sewer improvements shall be constructed by the dates established in the applicable DEVELOPMENT CONTRACT. Dedication of storm sewer improvements will occur at the same time as CITY acceptance of public street and utility improvements. Subsequent to dedication, maintenance of storm sewer improvements shall be the responsibility of the CITY. 8.3) RESPONSffiILITY FOR CONSTRUCTION. The DEVELOPER is responsible, at its own expense, for construction of the on-site storm sewer improvements. Financial assurance shall be posted as required by the DEVELOPMENT CONTRACT for each PHASE. The DEVELOPER may sell, conveyor otherwise assign its rights to a third party for a phase or stage, with approval of the CITY, provided such third party assumes responsibility in writing for the obligations in this section. 8.4) SURFACE WATER MANAGEMENT FEE. Based on the cost of actual improvements made within the SUBJECT PROPERTY, including DEVELOPER's voluntary financial contribution of$100,000 to the stream re-meandering project within the SUBJECT PROPERTY, the CITY shall provide a credit against or waive surface water management fees to the DEVELOPER for the construction of storm sewer improvements within the SUBJECT PROPERTY. No additional surface water management fee will be imposed against the SUBJECT PROPERTY. CITY shall assess the $100,000 amount against the SUBJECT PROPERTY without interest and DEVELOPER shall pay a proportional amount of the assessment based on gross acreage at the time if final approval of subsequent PHASES. /{ Formatted: Font: 9 pt I... .._____u12____ ARTICLE 9. GRADING - DRAINAGE 9.1) GRADING AND DRAINAGE PLAN. DEVELOPMENT on the SUBJECT PROPERTY shall conform with the GRADING PLAN approved by the CITY Engineer. 9.2) TIMING. The grading improvements shall be commenced and completed by the dates established in the applicable DEVELOPMENT CONTRACT. 9.3) RESPONSmILITY FOR CONSTRUCTION. The DEVELOPER is responsible, at its own expense, for construction of the on-site grading and drainage improvements. Financial assurance shall be posted as required by the DEVELOPMENT CONTRACT for each PHASE. The DEVELOPER shall receive a credit from the CITY for grading and drainage improvements which are required by the CITY to accommodate drainage from outside the SUBJECT PROPERTY. The DEVELOPER may sell, conveyor otherwise assign its rights to a third party for a PHASE with approval of the CITY, provided such third party assumes responsibility in writing for the obligations in this section and other conditions required by the CITY. 9.4) PREPARATION OF FINAL GRADING",PLAN~.J>ri()rt():FIN1\;LJ>I-Al'_ _-----{ Formatted: Underline approval for any PHASE, the DEVELOPER shall submit overall detailed grading plans and a narrative which addresses how grading for utility, road and individual PHASE DEVELOPMENT will occur. These detailed grading plans, once approved, shall form a part of the FINAL PLAT PLANS. Included in the plans and text shall be an overall erosion control plan which addresses erosion control and protection of surface water quality. There shall be no permits issued for grading of any portion of a PHASE until the detailed grading plans which include erosion control for the area to be graded have been reviewed and approved by the CITY Engineer. The DEVELOPER may obtain building permits for its model village units based upon installation of Class 5 road materials, lot specific erosion control and measures for protecting surface water quality, Jit:l?_p'rotec_~i_<?!l~ _atld_ ~at~r _ s~t:YJ_~e_ t() _tIle _ re_que~~l?~ _Ino~el_ ~~ts~ _ M<?~el~ Illay_ !l()t _b~ _sold_ _ _ _ _ __ - - - - { Formatted: Underline or occupied until full water, sewer and other utilities are provided to the models and road and other improvements are constructed as required in the DEVELOPMENT AGREEMENT for that PHASE. ARTICLE 10. WETLANDS 10.1) WETLAND. DEVELOPMENT on the SUBJECT PROPERTY shall conform with the WETLAND ACT and any state or federal wetland fill permits which have been issued at the time of DEVELOPMENT. All wetland.,aJ1~J?~ffer_lU"eliS;;haIL\)eJllcl\ld.e~_in_()lltlOts'__mm__------{Deleted: areas will be placed in outlols ] .de_dicatedt()th~gr:ry._ H mm___H n~'<::--{ Deleted: dedicated to the CTIY; ] ",<,,{ Deleted: will ] ,,{ Deleted: or easements and ] 10.2) TIMING. The improvements, mitigation, replacement and construction relating to wetlands for each PHASE shall be completed by the dates established in the respective DEVELOPMENT CONTRACT and the approved wetland fill permits. /,{ Formatted: Font: 9 pt IL _ _n_ _ _ _ _ _ _ __ _______ _ -11-- 10.3) MSPONSffiILrn')"():R'(:::()NSTRUCTION. T.h~ PE:Y:EI"()}>E:l~.Js l"esp()llsible, U _ _ _ _ - - - { Formatted: Font color: Auto at its own expense, for all costs of compliance with the WETLAND ACT within each PHASE, and for placing city required monumentation and signage marking wetlands and buffer areas. The CITY shall be responsible for the cost of wetland compliance relating to the proposed CITY community park, 195th Street project, and any CITY-initiated changes to the PUD PLANS. lOA) COMPLIANCE WITH WETLAND PERMITS. The DEVELOPER and the CITY shall each be responsible for the conditions imposed on it pursuant to the wetland fill permits issued by the U.S. Army Corps of Engineers and the CITY pursuant to Minnesota Statutes, Chapters 103 A through 103G. ARTICLE 11. PARKS 11.1) PARK DEDICATION - CONTRIBUTION REQUIREMENT. The parties agree that the public park dedication requirement for the F AIRHILL PROJECT shall be satisfied by the DEVELOPER in the form of: (1) a land dedication in the amoUnt of84 acres designated on Exhibit F to be dedicated without any use restriction, and (2) by dedicated easement for approximately 6 acres of public trails to be dedicated at the time of FINAL PLAT for that PHASE encompassing the proposed public trail. See Park Dedication Table at Exhibit G. The Developer will dedicate without restriction the 42 acres in the Southwest Comer of the DEVELOPMENT as shown on the PUD PLANS at the time of FINAL PLAT for the INITIAL PHASE (PHASE O). In addition to its dedication ofland for public parks and public trails, the DEVELOPER is including private parks in the DEVELOPMENT. Such private parks will be the responsibility of the Homeowners Association created by the DEVELOPER. All financial responsibility for development, construction, maintenance or operation of such private park areas will be borne exclusively by DEVELOPER or the Homeowners Association. The DEVELOPER shall clearly mark by appropriate signage approved by the CITY park and facilities which shall be designed to clearly differentiate between public and private areas and facilities. (a) CITY Community Park: At the time of FINAL PLAT for PHASEJ,Jl1emmmuu__------{ Deleted:!! DEVELOPER will dedicateT4.2a.cr~s t()tl1~_c:;r:rx iI1~~_ ~()lltl1""estc()~er ()ftl1~__ u_/ - -{ Deleted: annmximRtelv SUBJECT PROPERTY for use as a public park. The dedication shall be made as an outlot ofPHASE,[ ~Jtl1()l,lt_~ylls~res1:ricti()n}~clsl1all~clll~eJb.eJ~e~!ifie<i__----{ Deleted:!! right of way alignment for Diamond Path as a separate outlot. The CITY, in consultation with DEVELOPER, will establish a schedule for development of park facilities in the community park. The CITY will be responsible for fle"eloPIll~nt ~d Il1a~te~~c:e ()ftl1e _ c_o~ll11ity l'tn:kJ>roperty"aIlcl ~ill not allow _ _- _- - - { Deleted: l!!:!!!!!!!g, such property to become unsightly from a lack of normal maintenance.uTIle m - u DEVELOPER will withhold development of approximately 16.35 acres directly east of the proposed CITY community park for not more than (2) years for possible purchase of such property by the CITY. /( Formatted: Font: 9 pt I'L.____ _u14 (b) CITY Central Park: The DEVELOPER will dedicate).oa.cr~sLof\'Vhiclq~a_cres//{ Deleted: mmTmnmRfelv is upland, to the CITY in the center of the SUBJECT PROPERTY for use as a public park. (c) CITY Neighborhood Parks: The DEVELOPER will dedicate land for two (2) public neighborhood parks totaling S acres, as reflected in the Neighborhood and Open Space Framework (PUD-04). (d) The DEVELOPER will grade and seed the public park areas. The DEVELOPER will receive credit from the CITY against city park development fees for any construction of physical improvements to the public parks and trails within the SUBJECT PROPERTY. 11.2) MANNER OF CONVEYANCE. The public park conveyances shall be by warranty deed or dedication on a FINAL PLAT, subject to PERMIITED ENCUMBRANCES. 11.3) TIMING AND TYPE OF PARK IMPROVEMENTS. The CITY and DEVELOPER shall consult regarding the types and timing of the improvements for each public and private park. 11.4) PARK GRADING. The DEVELOPER shall rough grade and seed the public park areas.._______ ____________ ________________ ____________ __________ _ " _ Deleted:, based on plans approved by the CITY; however, the DEVELOPER will have no obligation to grade or seed the 42.acre connmmity park in the 11.5) PARK FEES.. Th~ ~~~J:.,Q}>~~ \'VilI ~()tb~ Cl1arg~dJ)ar.kAe.v~I'?Pllle~tfetls .for m _ southwest corner public park improvements within the SUBJECT PROPERTY in lieu of the Developer ------{ Formatted: Underline constructing the identified Park and Trail Improvements in the PUD plans and purchasing and installing the identified park facilities and trails for the public park areas and landscaping within the public park areas. A schedule of all park improvements will be prepared which may be modified by mutual agreement of the parties at the time of final plat for that phase. ARTICLE 12. TRAILS 12.1) TRAIL PLAN. To the extent a trail is shown on the plans for a given PHASE, then DEVELOPMENT in a particular PHASE shall conform to the approved systems of trails and the FINAL PLAT PLAN for that PHASE. The DEVELOPER shall not be charged its park dedication fees for land dedicated for use as public Fails consi_stent.",ith (;lTYpolicitls_in p~llCej----{ Formatted: Underline at the time of dedicatio~_______m__ m__m__ m_m__--/{ Formatted: Underline 12.2) CONSTRUCTION RESPONSffiILITY AND TIMING. The DEVELOPER shall construct the trails within or abutting each applicable PHASE by the dates established in the DEVELOPMENT CONTRACT. 12.3) CONVEYANCE OF TRAILS. All trails shall be located within outlots, public easements or public right-of-way, and shall be dedicated at the time of FINAL PLAT for the respective phase recording. All trails within the SUBJECT PROPERTY are open to the public and shall be clearly marked for that purpose by signage acceptable to the CITY. if Formatted: Font: 9 pt IL_m_ m_1S___ 12.4) RESPONSffiILITY FOR CONSTRUCTION. Except to the extent otherwise provided, the DEVELOPER is responsible for construction costs of all the trails as shown on the Open Space and Amenities Plan (PUD-07). The .c;IIT_ ~ULbi:}res.p()IlsilJ.ll? fortl1e _ ~_<?~ts of __ __ _ m _ _ _/ { Formatted: All caps constructing the trails noted as City Responsibility on the Open Space and Amenities plan.- ARTICLE 13. PUBLIC IMPROVEMENTS 13.1) APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any PUBLIC IMPROVEMENTS must first be approved by the CITY Engineer. 13.2) CONSTRUCTION. Except for work relating to construction of 195th Street, the DEVELOPER shall cause its contractors to furnish the CITY Engineer with a written schedule of proposed operations, subcontractors and material suppliers for all PUBLIC IMPROVEMENTS prior to commencement of construction work on such PUBLIC IMPROVEMENTS. 13.3) INSPECTION. The CITY Engineer or its designated representative, shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents as authorized by CITY ordinances. The CITY Engineer and the DEVELOPER will coordinate inspections to minimize duplication but the CITY reserves its rights to access the SUBJECT PROPERTY at any time to conduct inspections to determine compliance with this PUD CONTRACT or a DEVELOPMENT CONTRACT for a particular PHASE. 13.4) FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of the PUBLIC IMPROVEMENTS. 13.5) CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once the PUBLIC IMPROVEMENTS have been completed. The CITY shall then inspect the PUBLIC IMPROVEMENTS and notifY the DEVELOPER of any PUBLIC IMPROVEMENTS that do not conform to the approved PUD PLANS. Upon compliance with this PUD CONTRACT and PUD PLANS, and acceptance by the CITY, PUBLIC IMPROVEMENTS shall become the property of the CITY. If the PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. If the DEVELOPER fails to complete the required repair or replacement without just cause as verified by the CITY, the CITY may proceed under Article 17. 13.6) RAILROAD PERMITS. The.c;IIT_~illap'pIYf()rlllld.o~tainpel'tIlits from thi:} mu_------{ Deleted:Q!x railroad company necessary for constructing public improvements under railroad rigIit~of-way. ARTICLE 14. RESPONSmILITY FOR COSTS 14.1) PHASE IMPROVEMENT COSTS. Unless otherwise provided in this PUD CONTRACT or a DEVELOPMENT CONTRACT for a PHASE, the DEVELOPER shall pay ,/) Formatted: Font: 9 pt I. .__uuuu__u____lu____ for the PHASE IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 14.2) COSTS. The DEVELOPER shall reimburse the CITY for its reasonable costs incurred by it in conjunction with the F AIRHILL PROJECT including without limitation, costs relating to the preparation, administration, and enforcement of this PUD CONTRACT and the DEVELOPMENT CONTRACTS for each PHASE, including reasonable engineering. inspection. and attorneys' fees. The CITY and DEVELOPER will establish a schedule for cost- sharing for the signalman stationed at rail crossings during construction. 14.3) MI~J?~~~~__Ih~P:E~~()~:ER \Vi!!pay: GISJ~_esat~l?-~_tin111_of~INMJ)~A'Lor __-----{ Formatted: No underline each PHASE in accordance with the CITY fee schedule in effect at the time of approval. 14.4) TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY for which DEVELOPER is responsible within forty-five (45) days after receipt of detailed billing. The bills shall itemize the person doing the work, the services rendered, the date rendered, the time involved and the applicable charge rate for the services. Bills not paid, without just cause as verified by the CITY, within forty-five (45) days shall accrue interest at the rate offive percent (5%) per year. ARTICLE 15. INDEMNIFICATION OF CITY 15.1) INDEMNIFICATION OF CITY. Subject to Section 15.4, DEVELOPER shall and does hereby indemnify, defend and hold the CITY, its COUNCIL and employees harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, liabilities and damages, including interest, penalties and attorneys' fees, including without limitation any litigation which may be commenced by any party, that the CITY incurs or suffers, which arise out of, result from, or relate to any of the following: (a) Failure by the DEVELOPER or PWNERS t() _ o_bsel'\'e_ ()rl'er:fo1'lll anyc()v:eIlan~ _ _ _ _ -- - - { Deleted: OWNER condition, obligation or agreement on their part, either jointly or severally, to be observed or performed under this PUD CONTRACT; (b) Failure by the DEVELOPER or PWNER.~J()_p_ay:_c()Il:tr8.(:to~,--sllb~<?Iltrtlct()~L laborers, or materialmen retained by either of them; _-----{ Deleted: OWNER (c) Failure by the DEVELOPER or .o~RS to pay for mllteri~s_ord~red byeith.er__ _-----{ Deleted:oWNER of them; - mm - . (d) Approval by the CITY of the PUD PLANS, the FINAL PLAT PLANS and other PUD CONTROLS; (e) Approval by the CITY of any FINAL PLAT; /,.{ Formatted: Font: 9 pt 1..__ ______17mm_ (f) Failure by the DEVELOPER to obtain the necessary permits and authorizations to construct the PHASE IMPROVEMENTS; (g) Construction of the PHASE IMPROVEMENTS; and (h) All costs and liabilities arising because building permits were issued prior to the completion and acceptance of the PHASE IMPROVEMENTS or because there were delays in completion of the PHASE IMPROVEMENTS caused by the DEVELOPER, the OWNER, their contractors, subcontractors, materialmen, employees, agents or third parties. 15.2) NOTICE. Within a reasonable period of time after the CITY's receipt of actual notice of any matter giving rise to a right of payment against the CITY pursuant to Section 15.1, the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The DEVELOPER shall not be obligated to make any payment to the CITY for any such claim until the passage of ninety (90) days from the date of its receipt of FORMAL NOTICE from the CITY, during which time the DEVELOPER shall have the right to cure or remedy the event leading to such claim. 15.3) DEFENSE OF CLAIM. With respect to claims or demands asserted against the CITY by a third party of the nature covered by Sections 15.1 and 15.2 above, and provided that the CITY gives FORMAL NOTICE thereof, the DEVELOPER in its discretion may, at its sole expense, provide for the defense thereof with counsel of its own selection but approved by the CITY; the DEVELOPER will pay all costs and expenses including reasonable attorneys' fees incurred in so defending against such claims, provided that the CITY shall at all times also have the right to fully participate in the defense. If the DEVELOPER fails to defend, the CITY shall have the right, but not the obligation, to undertake the defense of, and to compromise or settle the claim or other matter, for the account of and at the risk of the DEVELOPER. All reasonable attorneys' fees incurred by the CITY related to such defense shall be paid for by the DEVELOPER. 15.4) CITY VIOLATION OR NEGLIGENCE. This Article 16 shall not apply to costs incurred or suffered which relate to, result from, are attributable to or are caused by the CITY's violation of applicable law or the CITY'S reckless or negligent acts, or changes ordered by the CITY as to the PUBLIC IMPROVEMENTS. ARTICLE 16. REMEDIES UPON DEFAULT 16.1) CITY REMEDIES. Except as set forth in Section 16.5, if a DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEF AUL T and the DEVELOPER shall have thirty (30) working days to appear before the COUNCIL to discuss the DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEFAULT within thirty (30) working days after the COUNCIL appearance, then the CITY may avail itself of any remedy afforded by law and any of the following cumulative, non-exclusive remedies. I"__mmu _u_u_uuu uuuullL__ :,.{ Formatted: Font: 9 pt (a) the CITY may specifically enforce this PUD CONTRACT; (b) the CITY may suspend any work, improvement or obligation to be performed by the CITY only with respect to the PHASE affected by the DEF AUL T; ( c) the CITY may collect on any bond, irrevocable letter of credit or cash deposit or other security applicable only to the PHASE affected by the DEFAULT; (d) the CITY may deny building and occupancy permits for buildings only on the PHASE affected by the DEFAULT; (e) the CITY may deny or withhold FINAL PLAT approval to the extent that the DEF AUL T relates to the FINAL PLAT then pending before the CITY; (f) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within sixty (60) days after written billing by the CITY reimburse the CITY for any reasonably necessary costs and expenses incurred by the CITY to cure the DEFAULT. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER and TQ~~~ _l1erllby VV:~~~e a.ny _ at1<l _~U)rocedl!!~Jan.d ~uJ?sta.n.tiv~ _obj~~l?~s t() _ fue _ _ _ - - - -{ Deleted: oWNER installation and construction of the work and improvements and the special assessments resulting therefrom, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit. With respect to such special assessments arising only under this subsection, the DEVELOPER and OWNER hereby waive any appeal rights otherwise available pursuant to Minn. Stat. ~ 429.081. 16.2) DEVELOPER REMEDIES. Except as set forth in Section 16.5, if a DEF AUL T occurs, that is not caused by FORCE MAJElJRE, the DEVELOPER shall give the CITY FORMAL NOTICE of the DEFAULT and the CITY shall have thirty (30) working days to discuss the DEFAULT with the DEVELOPER. If the CITY, after FORMAL NOTICE to it by the DEVELOPER, does not cure the DEFAULT within thirty (30) working days thereafter, then the DEVELOPER may avail itself of any remedy afforded by law and any of the following cumulative, non-exclusive remedies. (a) the DEVELOPER may specifically enforce this PUD CONTRACT; (b) the DEVELOPER may suspend any work, improvement or obligation to be performed by the DEVELOPER only with respect to the PHASE affected by the DEFAULT; (c) the DEVELOPER may, at its sole option, perform the work or improvements to be performed by the CITY, in which case the CITY shall within sixty (60) days after written billing by the DEVELOPER reimburse the DEVELOPER for any reasonably necessary costs and expenses incurred by the DEVELOPER to cure the DEFAULT. //,.{ Formatted: Font: 9 pt I L_ u19__m_m 16.3) PUD CONTRACT TERMINATION DEFAULTS. DEFAULTS by the DEVELOPER which have not been remedied shall permit the CITY to terminate the PUD CONTRACT and repeal the PUD ORDINANCE after following the procedures set forth in Section 16.1 above: (a) Failure by the DEVELOPER to commence DEVELOPMENT of PHASE 1 within the time frame established in Section 3.1 above. (b) Defaults by the CITY which have not been remedied shall permit the DEVELOPER to terminate the PUD CONTRACT and rescind its dedication obligations through legal or equitable remedies, as necessary. CITY failure to substantially complete construction of 195th Street with the bridge by November 1, 2010 shall be a material breach. 16.4) NO ADDillONAL WAIVER IMPLIED BY ONE WAIVER. If any agreement contained in this PUD CONTRACT is breached by the DEVELOPER or OWNER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breaches hereunder. All waivers by the CITY must be in writing to be effective. 16.5) NO REMEDY EXCLUSNE. Except as provided in Section 16.2, no remedy herein conferred upon or reserved to either party shall be exclusive of any other available remedy or remedies available to the parties under Minnesota law, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the PUD CONTRACT or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any DEF AUL T shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to exercise any remedy reserved herein, it shall be necessary to give notice as provided in Section 16.1 or 16.2. 16.6) EMERGENCY. If DEVELOPER'S DEFAULT creates an imminent threat to life, safety, or health of the public, the CITY, without affIrmative duty to do so, may proceed immediately to cure the DEF AUL T and thereafter proceed pursuant to the provisions of Section 16.1. 16.7) DISPUTES. If the CITY and DEVELOPER are in dispute as to whether either is in default of the terms of this PUD CONTRACT, then the party who prevails in the dispute shall be entitled to reimbursement from the other for all costs and expenses incurred by the prevailing party related to the dispute. ARTICLE 17. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 17.1) ADDillONAL IMPROVEMENTS. If the DEVELOPER requests the CITY to construct the PUBLIC IMPROVEMENTS and reimburses the CITY for its costs associated with preparation of a feasibility study and other costs for plans and specifications therefore, the CITY may install and construct the PUBLIC IMPROVEMENTS. In such case, the CITY, at its option, I... ________ -- _ -- _ _ ----- _ _ _ -- _ ----- - - - - _ _ _ _ .20- /../{_._.~ may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429, provided that the DEVELOPER first had the opportunity to review the plans and specifications and the bids and determine whether it wishes the CITY to proceed with the contract before bid award. If the DEVELOPER requests the CITY not to proceed, the CITY shall not award the bid for public construction of the PUBLIC IMPROVEMENTS. If the CITY proceeds to install the PUBLIC IMPROVEMENTS pursuant to this Section 17.1 and assesses the cost of any portion thereof, then pursuant to M.S. ~ 462.3531 the..()~~S..at1d]~lE:'mI:,,9~E:~.~y'.sel'arate..m.mm..../..{ Deleted: OWNER document shall waive any and all procedural and substantive objections to the installation of the improvements and the special assessments, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit. In such instance, the I p~~~ .at1d J:>F:'mI:,,()~F:~ ~y. ~el'arateud()cllll1el1t shall \\,ai"e a.ny al'l'elll.rigltts ()thel'\\'ise.. m m....... { Deleted: OWNER available pursuant to Minnesota Statutes ~ 429.081 relating solely to such PUBLIC IMPROVEMENTS, and the.oWNERS and DEYEL():P:E~sl1alLa<:lot()VVl(;ld.ge.thllttheb.en.etiL ......{ Deleted: OWNER from the improvements equal or exceeds the amount of the special assessments, as provided in M.S. ~ 462.3531. 17.2) OBLIGATION FOR PAYMENT OF SPECIAL ASSESSMENTS. In the event requested by the DEVELOPER, the DEVELOPER hereby agrees to pay the special assessments for the PUBLIC IMPROVEMENTS pursuant to M.S. ~ 462.3531 as and when said special assessments become due and payable. Subject to Section 6.8 above, the foregoing does not constitute a waiver or acquiescence by DEVELOPER to any special assessments for the cost of any PUBLIC IMPROVEMENTS within the SUBJECT PROPERTY. 17.3) PAY-OFF OF ASSESSMENTS. Whenever the CITY issues a building permit for a home constructed on a lot, then at such time the special assessments pending or levied against that lot shall be paid in full, together with the accrued interest thereon. The DEVELOPER will be released from its obligations for special assessments relating to a specific PHASE upon timely payment of such assessments applicable to the DEVELOPMENT. 17.4) WATER TOWER. At or before the approval ofPHASEJ1()r.~~.~~~J:lJa.tertirr1e.~u.......{ Deleted:! mutually agreed to, the CITY will purchase land for its proposed water tower, to be located on the east side of the proposed central park, under terms of an agreement between it and the DEVELOPER. ARTICLE 18. MISCELLANEOUS 18.1) NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY, OWNER or the DEVELOPER under this PUD CONTRACT. 18.2) TIME OF THE ESSENCE. The parties agree that time is of the essence in the successful completion of the obligations provided for in this PUD CONTRACT. 18.3) CONSENT TO AMENDMENTS. The CITY agrees that changes to the PUD PLANS which are required based on federal or state law will not be unreasonably withheld. i,1 Formatted: Font: 9 pt I .o.uuuuuu.uuuu...u mmm2L 18.4) VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this PUD CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this PUD CONTRACT. 18.5) RECORDING. The PUD CONTRACT and PUD ORDINANCE or a memorandum summary thereof shall be recorded with the COUNTY Recorder, and the OWNER and DEVELOPER shall provide and execute any and all documents necessary to implement the recording. At the request of DEVELOPER from time to time, the CITY Administrator will provide a recordable instrument certifying the extent to which the DEVELOPER is in compliance with the PUD CONTRACT and the PUD ORDINANCE. 18.6) ESTOPPEL CERTIFICATES. The CITY shall, at any time and from time to time, upon not less than ten (10) days' prior notice by Developer, execute, acknowledge, and deliver to Developer a statement in writing certifying that this Agreement is unmodified and in full force and effect (or if there shall have been modifications that this Agreement is in full force and effect as modified and stating the modifications) and stating whether or not (to the best knowledge of City) Developer is in default in the performance of any covenant, agreement, or condition contained in this Agreement and, if so, specifying each such default of which City may have knowledge, it being intended that any such statement delivered pursuant to this section shall be in a form approved by and may be relied upon by any prospective assignee of Developer's interest in this Agreement or any mortgagee of the Property or any assignee of any mortgage upon the Property. 18.7) BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable PUD CONTRACT shall run with the SUBJECT PROPERTY, and shall be binding upon the heirs, successors, administrators and assigns of the /{ Deleted: oWNER I ,.oWNER,S _atldJ:>F:~;[PI>F:~___ -- - - - ----------------------- - - - ____________m_ - --- - ------------------------------- m~ 18.8) CONTRACT ASSIGNMENT. The DEVELOPER may not assign this PUD CONTRAC~,\\,itl1ol.lt _th_e\VIi~Il P~rrni~si()n_()rtl1e _ q:)lJN<:g,~__1'hep:Ey:E:I:pP:E~'~ _ _ _ _ u uum _ _ u_------{ Deleted: , other than to a related entity, ] obligations hereunder shall continue in full force and effect until completion of IMPROVEMENTS on the last PHASE, even if the DEVELOPER sells one or more lots. However, upon completion of its obligations pursuant to a DEVELOPMENT CONTRACT for a PHASE, the DEVELOPER shall be relieved of its obligations hereunder for that PHASE. 18.9) AMENDMENT AND WAIVER. With respect to the PHASES, the CITY and the OWNER and DEVELOPER for that PHASE hereto may by mutual written agreement amend this PUD CONTRACT in any respect for that PHASE. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this PUD CONTRACT which inaccuracies would otherwise constitute a breach of this PUD CONTRACT, waive compliance by another with any of the covenants contained in this PUD CONTRACT and performance of any obligations by the other or waive the fulfilhnent of any condition that is precedent to the performance by the party so waiving of any of its obligations under this PUD CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this PUD CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. ,/A Formatted: Font: 9 pt I A __ ______________u___ __22__ 18.10) GOVERNING LAW. This PUD CONTRACT shall be governed by and construed in accordance with the laws of the State of Minnesota. "I 1 I I I I 18.11) COUNTERPARTS. This PUD CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 18.12) HEADINGS. The subject headings of the paragraphs and subparagraphs of this PUD CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 18.13) ACCESS. The DEVELOPER and?9WNE~~_ hel'e~y~~t_ t()thec:ITX,JJs u u u_-- _---{ Deleted: OWNER agents, employees, officers, and contractors a license to enter the SUBJECT PROPERTY to perform all work and inspections deemed appropriate by the CITY during the installation of any improvements by the CITY. 18.14) CONVEYANCES. All conveyances to the CITY shall be by plat dedication, easement or warranty deed, subject only to PERMITTED ENCUMBRANCES and subject to drainage, ponding access and utility and trail easements that are necessary for the F AIRHILL PROJECT. 18.15) OTHER PERMITS AND COOPERATION. The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY and the OTHER REGULATORY AGENCIES. Major design requirements of any such entities shall be determined prior to construction and incorporated into the FINAL PLAT PLAN. The CITY will cooperate with the DEVELOPER regarding issues arising from construction of sanitary sewer, storm sewer and water improvements under the railroad tracks. The CITY will cooperate with the DEVELOPER to secure requested access from MnDOT to the SUBJECT PROPERTY and to resolve issues relating to the TH 3 interchange. 18.16) DEFINITIONS. Certain terms used in this PUD CONTRACT are defined as follows: (a) 195TH STREET IMPROVEMENTS. "195TH STREET IMPROVEMENTS" means the improvements to future Dakota County Road 64 from approximately one mile east of County State Aid Highway 31 (pilot Knob Road) to Trunk Highway 3 in the CITY, as specified in Dakota County Project No. 64-18. (b) CITY. "CITY" means the City of Farmington, a Minnesota municipal corporation. (c) COMP PLAN. "COMP PLAN" refers to the Comprehensive Plan of the City prepared and adopted, pursuant to Minnesota Statutes, Chapter 462. (d) COMP PLAN AMENDMENT. "COMP PLAN AMENDMENT" means the Comprehensive Plan amendment for the SUBJECT PROPERTY, as approved by the COUNCIL on June 18,2006 and as amended on April 21, 2008. /A Formatted: Font: 9 pt I Am m21m_ (e) COUNCIL. "COUNCIL" shall mean the governing body of the CITY. (f) COUNTY. "COUNTY" means Dakota County, Minnesota. (g) DEFAULT. "DEFAULT' means and includes, jointly and severally, any of the following or any combination thereof: (1) failure by the DEVELOPER after notice to timely pay the CITY any money, including without limitation special assessments or CITY invoices, required to be paid under this PUD CONTRACT; (2) failure by the DEVELOPER after notice to construct the PHASE IMPROVEMENTS for each PHASE according to the DEVELOPMENT CONTRACT; (3) failure by the DEVELOPER after notice to observe or perform any covenant, condition, obligation or agreement on their part, either jointly or severally, to be observed or performed under this PUD CONTRACT and the DEVELOPMENT CONTRACT; and (4) failure by the DEVELOPER after notice to develop the SUBJECT PROPERTY according to the PUD CONTROLS. (h) DEVELOPER. "DEVELOPER" means Astra Genstar LLP, a Minnesota limited liability partnership, and the assigns and successors thereof. DEVELOPER also means any person or entity, except the CITY, that undertakes DEVELOPMENT of the SUBJECT PROPERTY. (i) DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means those improvements which DEVELOPER is obliged to construct pursuant to a DEVELOPMENT CONTRACT or this PUD CONTRACT. G) DEVELOPMENT. "DEVELOPMENT' means use of the SUBJECT PROPERTY and any construction on or improvement of the SUBJECT PROPERTY by theP~:RcSnOrl)~Y:EI,.QP~~_p_~U_atltt_<?_tl1e_I>gJ:>_mm___ _-----{ Deleted: oWNER CONTRACT and PUD PLANS. DEVELOPMENT includes, but is not limited- to, grading, construction of buildings or structures and installation of PHASE IMPROVEMENTS and DEVELOPER IMPROVEMENTS. DEVELOPMENT also includes material alteration of the SUBJECT PROPERTY and includes tree removal and any excavation by DEVELOPER or OWNER. (k) DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT' means a contract between the CITY and the DEVELOPER for each PHASE, in accordance with the PUD CONTRACT and PUD PLANS, which contract specifies the detailed DEVELOPMENT requirements for that PHASE, identifies the responsibilities for installation of streets and utilities and provides financial /{ Formatted: Font: 9 pt I L_n ___24__ assurances for completion by DEVELOPER of the DEVELOPER IMPROVEMENTS and the streets and utilities on or abutting the PHASE. (1) F AIRHILL OR F AIRHILL PROJECT. "F AIRHILL" or "F AIRHILL PROJECT" means the DEVELOPMENT of the SUBJECT PROPERTY in accord with the PUD CONTROLS. (m) FINAL PLAT. "FINAL PLAT" means the final plat, preceded by or concurrent with a PRELIMINARY PLAT, for each PHASE approved by the COUNCIL, which plat shows the buildable lots on the PHASE and the public easements and public streets and the other information necessary to record the plat. (n) FINAL PLAT PLANS. "FINAL PLAT PLANS" means the FINAL PLAT, the DEVELOPMENT CONTRACT, and PUD PLANS approved by the CITY pursuant to its SUBDMSION ORDINANCE for each PHASE that shall address the following: (1) grading (2) wetlands (3) surface water quality (4) storm water controls, erosion controls and drainage (5) street and lot layout (6) parks and trails (7) sewer and water utilities (8) landscaping (9) basement elevations (10) signage (11) easement for public utilities. (0) FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to, floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area); riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, fires or explosions, labor strikes, terrorism, unknown soil conditions and unavailability of commercially reasonable financing and availability of building materials. FORMAL NOTICE. "FORMAL NOTICE" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or (P) I Amum_ __________u25_ ,'/,A Formatted: Font: 9 pt K____ _ I L_ by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: Peter J. Herlofsky, Jr. City Administrator City of Farmington ~pO Third ~tre~L . _ Farmington, MN 55024 Joel Jamnik, City Attorney Campbell Knutson P A 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 nnmnm_.-----{ Deleted: 32S..Qak _ -' Formatted: Font: TImes New mnnumn Roman, 12 pt nnn.__mu__<:::_n{ Deleted: Queensland ""1 Formatted: Font: TImes New . Roman, 12 pt nmmmnmmnn .mmnnm--;::----{ Deleted:' mum'nnmmm m-u<>~:J =:~~tFont: TImes New n'nnn_numm nnmmnn nm_\'.:,\ \{ Deleted:, \,\,\{ Formatted: Font: TImes New ... ... l Roman, 12 pt \.''( Deleted: , \{ Formatted: Font: TImes New . Roman, 12 pt IftoOWNE~. .. )aIl1es :M..S~e<i! _~ Tru~te€loftl1e :Fr~<l M. ~~e<iI.iviIlg._ Trust of 1979 50 South Main Street Providence. RI 02903. . . David J. and Karen L. Finnegan 212 Ehn Street Farmington. Minnesota 55024 If to DEVELOPER: Peter Gualtieri - - - - - - - ~ - - - - - - - - - -- 7662 .Qu~~nlan9.. r.~~ N().. Maple Grove, MN 55311 .. _ _ .JaIl1~~_M..S~e4....__ . _.5Q .Sol.ltl1MaiIl.St... . J>r_o~i<lellc~!.~. 9_2~()~_ or to such other address as the party addressed shall have previously designated by notice given in accord with this section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. (q) GRADING PLAN. "GRADING PLAN" means that certain Grading, Drainage and Erosion Control Plan (pUD-16, 17). Once approved by the COUNCIL, the GRADING PLAN shall be part of the PUD PLANS, together with any additions or changes approved by the COUNCIL pursuant to the PUD ORDINANCE. ....26. mm<----{ Deleted::. Formatted: Default Paragraph Font, Font color: Black Formatted: DeltaVlew Insertion, Font color: Auto ,/,'{ Formatted: Font: 9 pt (r) (s) I Lumn INITIAL 195TH STREET IMPROVEMENTS. "INITIAL 195TH STREET IMPROVEMENTS" means the first two lanes of the 195th STREET IMPROVEMENTS as detailed in the Feasibility Study for 195th Street, including, without limitation, excavation of roadbed and drainage areas, as well as installation of utilities, drainage, trails, bridge and roadway surface improvements. JOINT POWERS AGREEMENT. "JOINT POWERS AGREEMENT' means the Joint Powers Agreement dated December 13,2006, by and between the County of Dakota, Minnesota and the CITY regarding the 195TH STREET IMPROVEMENTS. (t) OPTION PROPERTY. "OPTION PROPERTY" means lands contained within the SUBJECT PROPERTY in which the DEVELOPER has a contract interest, whether by option, purchase agreement, or contract for deed. (u) OTHER REGULATORY AGENCIES. "OTHER REGULATORY AGENCIES" means and includes, jointly and severally, the following: (1) Minnesota Department of Transportation (2) Dakota County (3) Dakota County Highway Department (4) Vermillion River Watershed Joint Powers Organization (5) State of Minnesota (6) Minnesota Pollution Control Agency (7) Metropolitan Council (8) Minnesota Department of Natural Resources ("DNR") (9) U.S. Army Corps of Engineers (10) Minnesota Department of Health (11) Minnesota Board of Water and Soil Resources (12) Minnesota Environmental Quality Board (13) any other regulatory or governmental agency or entity affected by, or having jurisdiction over DEVELOPMENT on the SUBJECT PROPERTY. (v) OWNE~. _ "OWN:E~S,,_rn,~~~~P~~()Il~aI1~_~Iltities_~hos~_seI>ar~te_ ownership interest is identified on the attached Exhibit H, and the heirs, successors, and assigns thereof. n.. _. _ _ _ m_27m.' _ _ _ __ _-----{ Deleted:. "OWNER --"-'{ Deleted: ,joint1yandseverally, /{ Formatted: Font: 9 pt (w) OWNER WARRANTIES. "OWNER WARRANTIES" means that the OWNERJi.\Vll1Tant and represent tlieJoll()\Vi11g:n.umm...._muuum.mu "-1 Deleted: ,jointly and severa11y, hereby ] _' _,' warrants and represents (1) Authority. Each OWNER has the right, power, legal capacity and authority to enter into and perform its obligations under this PUD CONTRACT, and no approvals or consents of any persons are necessary in connection with the authority of OWNER to enter into and perform its respective obligations under this PUD CONTRACT. (2) No Default. Neither OWNER isjn defaultund,eranyle~~,c()ntract()r.__-----{ Deleted: not agreement to which it is a party or by which it is bound which materially would affect performance under this PUD CONTRACT. Neither OWNER is.al'arty t()or ~ound, .by allY .Dl()rtgage~ lien, leas~~ _agre_eIl1ellt,_ _ . . . _ _ / { Deleted: not instrument, order, judgment or decree which would prohibit the execution or performance of this PUD CONTRACT by OWNER or prohibit any of the transactions provided for in this PUD CONTRACT. (3) Fee Title. p.~.R:S own fee title to the resPectiv~;PMC:::EL.S~_uu _------{ Deleted: oWNER owns included in the PUD PLANS and as shown on..Exhibits }\alld,JI~umm./--{ Deleted: Exhibit (x) OPEN SPACE AND AMENITIES PLAN. "OPEN SPACE AND AMENITIES PLAN' means that certain Open Space And Amenities Plan (PUD-07) depicting parks, trails, landscape buffers, greenways, wetlands, ponds and any additions or changes approved by the COUNCIL pursuant to the PUD ORDINANCE and PUD PLANS. (y) PERMITTED ENCUMBRANCES. "PERMITTED ENCUMBRANCES" means easements of record that do not interfere with the use intended. (z) PERSON~ "PE.~~()l'r'Il1e~sallyi1?-~iyi_dl.l~~~orp()~tioll~p~er~~Jp~JiI1:1it~d.__..-_----{ Formatted: Underline liability company, joint venture, association, joint stock company, trust, unincorporated organization or government or any city or political subdivision thereof. (aa) PHASE 0 or INITIAL PHASE. "PHASEQ"()r"I~I'fJALI>lI.A.SE."sl111111l1eatlm_------{ Deleted: 0 the initial phase of the project dedicating right-of-way and publicJatld_s.totl1e m...------{ Deleted: parkland City J11c()njU1l~ioll\Vitl1.~~ _e}{eclltioll ()f~is ;P"lJI). C::()lltract. _ _. _ . _ _ _ n m. m. u. - -.- - - --1 :l~=:F~:~ in the FINAL (bb) PHASE 1. "PHASE 1" shall mean all or a portion of the SUBJECT PROPERTY Deleted: ,as approved by the Council as depicted on the PRELIMINARY PLAT...u on April 21, 2008 (cc) PHASE IMPROVEMENTS. "PHASE IMPROVEMENTS" are those IMPROVEMENTS required to be installed by the DEVELOPER for a particular PHASE of the DEVELOPMENT. (dd) PHASES. "PHASES" means those phases or stages for development of the SUBJECT PROPERTY. ,/A Formatted: Font: 9 pt I L. m . mmu28., (ee) PRELIMINARY PLAT. "PRELIMINARY PLAT' means that preliminary plat approved by the COUNCIL on April 21, 2008, and the PRELIMINARY PLAT for subsequent PHASES as and when approved. (ff) PUBLIC IMPROVEMENTS. "PUBLIC IMPROVEMENTS" means those elements of urban infrastructure, whether installed by DEVELOPER or CITY, over which the CITY ultimately accepts ownership and maintenance responsibility, including without limitation, streets, sanitary sewer, storm sewer, storm water ponds, water lines, sidewalks, trails, and boulevards. (gg) PUD CONTRACT. "PUD CONTRACT" means this contract by, between and among the CITY,.oWNERS alld.pgY:E.I:.QI>F:~ mmuumU.... mmmm_U" (hh) PUD CONTROLS. "PUD CONTROLS" means and includes, jointly and severally, the following: _--1 Deleted: OWNER (1) PUD ORDINANCE (2) PUD PLANS (3) PUD CONTRACT (4) FINAL PLAT AND FINAL PLAT PLANS (4) ZONING ORDINANCE (5) SUBDMSION ORDINANCE. (ii) PUD ORDINANCE. "PUD ORDINANCE" means Chapter ?=_orr~~~~y=_orm_------{ Deleted: 5-24 the City Code of the City of Farmington creating PUD Zoning, which ordinance .------{ Deleted: 10 sets forth the land use restrictions and other zoning regulations relating to the SUBJECT PROPERTY. The PUD ORDINANCE excludes any amendments, modifications or additions made by the CITY during the term of the PUD CONTRACT. (jj) PUD PLANS. "PUD PLANS" means all those plans, drawings, specifications and surveys identified on the attached Exhibit B, and hereby incorporated by reference and made a part of this PUD CONTRACT. (kk) SUBDMSION ORDINANCE. "SUBDMSION ORDINANCE" means Title 11 of the Farmington City Code, excluding any changes adopted by the CITY during the term of the PUD CONTRACT. (ll) SUBJECT PROPERTY. "SUBJECT PROPERTY" means in the aggregate and jointly and severally all of the PARCELS and real estate described on the attached Exhibit A. /{ Formatted: Font: 9 pt IL _____29_______U____. .._u_n (mm) SUBSEQUENT PHASES. "SUBSEQUENT PHASES" means all PHASES of ,/{ Deleted: 0 and PHASE the DEVELOPMENT other than PHASE). mmmnn nuum.uuummm.~ (no) TRAIL PLAN. "TRAIL PLAN" means that certain OPEN SPACE AND AMENITIES PLAN showing the location of various trails throughout the SUBJECT PROPERTY. When approved by the COUNCIL, it will be part of and contained within the PUD PLANS. The TRAIL PLAN also includes additions or changes approved by the COUNCIL pursuant to the PUD ORDINANCE. (00) UTILITY COMPANIES. "UTILITY COMPANIES" means and includes, jointly and severally, the following: (1) utility companies, including electric, gas, telephone and cable television; and (2) pipeline companies. (Pp) UTILITY PLAN. "UTILITY PLAN" means that certain plan showing the major drainage and waterway improvements to adequately move storm water away from the SUBJECT PROPERTY. (qq) WETLAND ACT. "WETLAND ACT' means all local, state, COUNTY, CITY, and federal laws and regulations relating to water and wetlands, including, but not limited to, Section 404 of the Clean Water Act (33 U.S.C. 1344), Minnesota Statute Chapters 103A through 103G, and all regulations promulgated pursuant thereto. WETLAND ACT also includes all additions, modifications and regulations subsequent to that version of the WETLAND ACT which exists on the date hereof. (rr) ZONING ORDINANCE. "ZONING ORDINANCE" means Title 10 of the Farmington City Code, as amended from time to time, excluding any changes adopted by the CITY during the term of the PUD CONTRACT. IN WITNESS WHEREOF, the parties have executed this PUD CONTRACT the day and year first above written. I OWNE~: M~~h_~J:E~ _ M~Mal1on ~lil~.i~har<iM._ ~'_ QI~~ _III,;\s.'rl'1.lsteesUl1<i~l' ]).:~~tt1~ A&I:~~Il1_eIltdllte<i. _ _ - - - -- f =:~~:ont: TImes New March 19, 1976 with Fred M. Seed, as Donor. /{ Formatted: Font: 9 pt IL . mmmmmm3Q. ) Deleted: , MICHAEL M. MCMAHON and RICHARD M.C //) Deleted:' Am. __mm__. _ m______ __mm__ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ mm ugI,.:E~JII,_A~'I:K(]_S~_~~_ ~cler_'fl1lS~::: -:::: -::;::,>1 =:~~tFont: TImes New :::::::::::_::::::::::::::::::::::::::___:_::::::::_:_::::~~e~1~~~~:~~:;:}~~9J~!:J{:;~t~~~::::::-::::'::,,:,--1 =:~~tont: TImes New ""',J Deleted: 11 , Formatted: Font: TImes New Roman, 12 pt u,um__. ",{ Deleted: 11 "-1 Formatted: Font: TImes New Michael E. McMahon, As Trustee" __ u u m _ U __ n , . Roman, 12 pt Lmuumuummmmmnnmmmmumm _n__a11cltl()tin<ii~dl.ll1lIYmm_u_ numnmmmmmm n_.. '-.",{ Deleted: 11 ", -1 Formatted: Font: TImes New . Roman, 12 pt A Deleted: 11 ,/,,[ Formatted: Font: TImes New . ......nn. u__",<>/ I :;:~:Pt " " 11 uu_u_u_nnn__J /,/ ~ ,'/ ,A Deleted:, ~'fAl'ltQfJ~JIQJ:>~.IS_I-J\NI)__mJ.. ____ nuummm mmum ____mmUU muummm__l(-- =:~~tont: TImes New Ln ____muLss_".... u nu.... uu. u u_...u.... u. m __m nm_________Uu_... :-':::,:,--1 =:~~~tFont: TImes New PQTJNI.YQf'PRQYIR:ENC::E.mmumLuuu_uu.uu um__u mm____ mmm__ . . ""'" ,,{ Deleted: , n", "f Formatted: Font: TImes New \'" l Roman, 12 pt \::-{ Deleted: , \{ Formatted: Font: TImes New ] l Roman, 12 pt . :~' ---f Deleted:, 1 " l' c;;:mj "" { Formatted r.::rzrl _,-{ Deleted: 11 ] ,:<--{ Formatted ~ ______________mmn_n-:::::::::::::..:::-__.__~':""-,{ Deleted:, .n ] mmmnmmmu_mummmm,>::,':{ Formatted r=14ll "" '} Deleted: 11 ~ Luu, uTh~J9~~g9.itlg}~~~nt\\'as,f1C.}{t10_~!~g~J~~f<?~~ _1tl~_thJs_ daY_ ()Luumm u - - - - - -", "" Formatted 5 , 20_, by Richard M. C. Glenn as Trustee under Trust Agreement dated '<,>{ Deleted: 11 n. ] March 19, 1976 with Fred M. Seed, as Donor, for James Michael Seed. "'{ Formatted ~ ..{ Deleted: , r=rni uuuu_uunm_m_.--::_-{ Formatted ~ - - u uu_umnn_ ',/) Formatted: Font: 9 pt ] 'W._____________________ )3)'; By: Richard M. C. Glenn, as Trustee,,___ mmmmmm n_atlcl_Il()t _in_4~X~41.l11lIYm __ _ _ .m_ ll. . . . . . . . . Th~ J9_rego.ing}~~~nt '\\'as__ac.}{t1owledged ~efor~ .Itl~thi~ day_ ()f. u . . . _ . mum , 20_, by Michael E. McMahon, as Trustee under Trust Agreement dated March 19, 1976 with Fred M. Seed, as Donor, for James Michael Seed. .No~_P1l~lic _. ___. ___. ___.____.. ~'f A TF: 9f. RI:IQJ:>~ _IS_I-J\NI) _ u u mA__ A....___........_.._____..... ..__._.C_ss" AC.QTJNI.Y_Qf'_~R9Y1R:ENc:~_ n_n_n_Ln___ .No~_P~~lic.. _............ ._.. I Ln_nnn______.______________n_n__. ______________uuu u__31.. David J. Finnegan Karen L. Finnegan STATE OF MINNESOTA ) ( ss. ) COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of . 20 . by David J. and Karen L. Finnegan. husband and wife. Formatted: Normal, Don't keep with next, Tabs: 0.5", Left + 2.63", Left + Not at 2.88" + 3.63" + 6.5" ...- DEVELOPER: Formatted: Font: TImes New Roman, 12 pt, Font color: Auto ,,[ Deleted: , /,{ Formatted: Tabs: Not at 0.52" :::/,[ Formatted: Font: TImes New ,;' " . Roman, 12 pt mmmmmmuu }l~: ASTRA GENSTAR PARTNERSHIP, ~mmi>l ~""" --mmun-------1 =:~~tont: TImes New uuum-,<---1 ~eted:, - - - - - -. - - U - u":\:"'1 Formatted: Font: TImes New '. .... Roman, 12 pt ---------------------- -- -----------------,---..--..-, ---------------------,------- --"------'--',\:\\ \f ~eted: 11 \~, '-.. \\ '.[ Formatted: Font: TImes New '. '. . Roman, 12 pt \,'.( Deleted: , mmmmuuummu__mu'":<:"" ''[ =:~~tont: TImes New m_mmuu\\\:,{ Formatted: Normal, Justified ,,'. '. \{ ,,\, \. Deleted:, \\ '[ Formatted: Font: TImes New , " \, . Roman, 12 pt \'. \" '.[ Formatted: Font: TImes New '. ". Roman, 12 pt \, ''[ Deleted: , '.[ Formatted: Font: TImes New . Roman, 12 pt .'/A-__9~ Notary Public. ~---- Au Its K.. .. )3y: Its Kn I :S~~~~~=~9~~}~s~ COUNTY OF DAKOTA ) A nmu()Il~~S day oX ,}Q---!bef'or~~~_~_~~~_I>l.l~li~Vlitl1in___ and for said County, personally appeared and , to me personally known, who being each by me duly sworn, did say that they are respectively the and of ASTRA GENSTAR PARTNERSHIP, LLP, the I A nnunnnunu"_U_ n_nnn_12...._______ Minnesota limited liability partnership named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation. Deleted: , , ~o~_~~Hc:_______________________ , Formatted: Font: TImes New Roman, 12 pt CITY: W ""_'<_.--{ Deleted: 1) W u u m,\,,>{ Formatted: Tabs: Not at 0.52" ... "1 Deleted: , u. u u u. u _mm un\. \\ :.. KevanA. Soderberg1) \, \{ Formatted: Font: TImes New ... . Roman, 12 pt ... \[ wuuuuu_-."" Formatted: Font: TImes New n<<l =T''''' Not" "~ \\"1 ~eted: 11 "[ Formatted: Font: TImes New . Roman, 12 pt ASIA1'.E;.Qf_MINl'm~9Ir\.lmu______umuuu_mm_. ____muuu ...mmu____u_ -umm------n----mm.::~~<:--l =:~~tFont: TImes New P()iINTYQF])A:KOi,A~. SS'........ n........ .... . .nmn ....... ...................................... .::<1 :=;" N,_ J"""'" mmn.9Ilth-~~_ <iay()f ,20_l:l~fol'e.IlleaJ'rotaI)'~~lic\\'ithiI1_~<iu_, \,\, { :o:~:ont: TImes New for said County, personally appeared.J<?M _LarsoIl ~.~!~t: _J .1IeJ:lofs}(Y~ to llle. p~rs()IlallY' n _ m n, \., \."{ o:.ete:.: 1) known, who being each by me duly sworn, each did say that they are respectively the Mayor and \,'" \,[ ed ':' \ Formatt : Font: TImes New City Administrator of the City of Farmington, the municipality named in the foregoing '':. \. Roman, 12 pt instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said '.\\ \[ Formatted: Font: TImes New municipality by authority of its City Council. \\[. Roman, 12 pt ... . Deleted: Kevan A. Soderberg u_muumum.u.uuu mmuummuuuumu mmu_.,>, 'I =:~~tFont:TImesNew "'>{ Deleted: 1) '.{ Formatted: Font: TImes New l Roman, 12 pt Formatted: Font: TImes New Roman, 12 pt, Font color: Auto Formatted: Normal, Don't keep with next, Tabs: 0.5", Left + 2.63", Left + Not at 2.88" + 3.63" + 6.5" Jl ______________ mumuJ3y: Todd Larson .... ....Its.May()r ........ ......__._.. _.. _.._ By: A____________ Peter J. Herlofsky, Jr ..._ .. . Its . (;it)' _i\<ftniIlis~t()r Notary Public 1352236.1 /{ Formatted: Font: 9 pt I Lmuuuumm nnu__un._uuull Page 31: [1] Deleted Author Page 31: [2] Formatted Font: Times New Roman, 12 pt Author Page 31: [3] Formatted Font: Times New Roman, 12 pt Author Page 31: [4] Formatted Font: Times New Roman, 12 pt Author Page 31: [5] Formatted Font: Times New Roman, 12 pt Author Page 31: [6] Formatted Font: Times New Roman, 12 pt Author Page 31: [7] Deleted Author Page 31: [8] Formatted Font: Times New Roman, 12 pt Author EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY The South One-Half of the Southeast One Quarter of Section 7, Township 114, Range 19, according to the Government Survey thereof, Dakota County, Minnesota. AND: The Northwest One Quarter, the Northeast One Quarter, the Southeast One Quarter and the Southwest One Quarter, all in Section 18, Township 114, Range 19, according to the Government Survey thereof, Dakota County, Minnesota. AND: The Northwest One Quarter and the Northeast One Quarter of Section 19, Township 114, Range 19, according to the Government Survey thereof, Dakota County, Minnesota. EXCEPT the following described parcels: That part of the Northeast Quarter and the Northwest Quarter of Section 19 and the Southwest Quarter and the Northwest Quarter of Section 18, all in Township 114, Range 19, Dakota County, Minnesota, described as follows: Commencing at the East Quarter Comer of said Section 19; thence North 89 degrees 59 minutes 19 seconds West, assumed bearing, along the south line of said Northeast Quarter of Section 19, a distance of 1839.93 feet to the easterly right-of-way line of Chicago, Milwaukee & St. Paul Railway Company and the actual point of beginning of the land to be described; thence North 89 degrees 59 minutes 19 seconds West, continuing along said south line, a distance ofl07.88 feet to the westerly right-of-way line of said Chicago, Milwaukee & St. Paul Railway Company; thence North 22 degrees 01 minutes 41 seconds West, along said westerly right-of-way line, a distance of2,839.35 feet to the north line of said Northwest Quarter of Section 19; thence North 89 degrees 47 minutes 56 seconds West, along said north line and continuing along said westerly right-of-way line, a distance of 16.20 feet; thence North 22 degrees 01 minutes 41 seconds West, continuing along said westerly right-of-way line, a distance of 1,433.45 feet to the north line of the Southeast Quarter of said Southwest Quarter of Section 18; thence North 89 degrees 49 minutes 14 seconds West, along said north line and continuing along said westerly right-of-way line, a distance of 16.20 feet; thence North 22 degrees 01 minutes 41 seconds West, continuing along said westerly right-of-way line, a distance of 1,433.01 feet to the north line of said Southwest Quarter of Section 18; thence North 89 degrees 50 minutes 32 seconds West, along said north line and continuing along said westerly right-of-way line, a distance of21.60 feet; thence North 22 degrees 01 minutes 41 seconds West, continuing along said westerly right-of- way line, a distance of835.90 feet; thence northerly, continuing along said westerly right-of-way 34 88 line, along a tangential curve, concave to the east, having a central angle of 0 1 degrees 52 minutes 46 seconds, a radius of3,920.92 feet and an arc distance of 128.62 feet; thence North 69 degrees 51 minutes 05 seconds East, continuing along said westerly right-of-way line, not tangent to said last curve, a distance of 50.00 feet; thence northerly, continuing along said westerly right-of-way line, along a non-tangential curve, concave to the east, having a central angle of34 degrees 11 minutes 01 seconds, a radius of2,915.51 feet and an arc distance of 1,739.43 feet, the chord of said curve bears North 03 degrees 03 minutes 25 seconds West to the north line of said Northwest Quarter of Section 18; thence South 89 degrees 53 minutes 09 seconds East, along said north line, not tangent to said last curve, a distance of 103.14 feet to said easterly right-of-way line of Chicago, Milwaukee & St. Paul Railway Company; thence southerly, along said easterly right-of-way line, along a non-tangential curve, concave to the east, having a central angle of26 degrees 56 minutes 01 seconds, a radius of2,815.51 feet and an arc distance ofl,323.51 feet to the north line of the Southwest Quarter of said Northwest Quarter of Section 18, the chord of said curve bears South 01 degrees 04 minutes 24 seconds West; thence South 89 degrees 51 minutes 50 seconds East, along said north line and continuing along said easterly right-of-way line, not tangent to said last curve, a distance of 51.24 feet; thence southerly, continuing along said easterly right-of-way line, along a non-tangential curve, concave to the east, having a central angle of 07 degrees 31 minutes 29 seconds, a radius of2,765.51 feet and an arc distance of363.19 feet, the chord of said curve bears South 16 degrees 23 minutes 10 seconds East; thence southerly, continuing along said easterly right-of-way line, along a tangential compound curve, concave to the east, having a central angle of 01 degrees 52 minutes 46 seconds, a radius of3,720.92 feet and an arc distance of 122.06 feet; thence South 22 degrees 01 minutes 41 seconds East, continuing along said easterly right-of-way line, tangent to said last curve, a distance of2,350.54 feet to the said north line ofthe Southeast Quarter of the Southwest Quarter of Section 18; thence North 89 degrees 49 minutes 14 seconds West, along said north line and continuing along said easterly right-of-way line, a distance of 54.0 1 feet; thence South 22 degrees 01 minutes 41 seconds East, continuing along said easterly right-of-way line, a distance of 4,272.47 feet to the point of beginning. AND: That part of the Northeast Quarter of Section 19, Township 114, Range 19, Dakota County, Minnesota, described as follows: Beginning at the East Quarter Comer of said Section 19; thence North 00 degrees 02 minutes 17 seconds East, assumed bearing, along the east line of said Northeast Quarter of Section 19, a distance of897.00 feet to the north line of PER CINE LOTS 2ND ADDITION; thence North 89 degrees 59 minutes 19 seconds West, along said north line and its westerly extension, a distance of 1,025.66 feet; thence South 00 degrees 02 minutes 17 seconds West, a distance of203.50 feet; thence South 89 degrees 47 minutes 01 seconds East, a distance of50.06 feet; thence South 00 degrees 00 minutes 41 seconds West, a distance of53.40 feet; thence North 89 degrees 59 minutes 19 seconds West, a distance of 180.09 feet; thence South 00 degrees 02 minutes 17 35 89 seconds West, a distance of209.92 feet; thence North 89 degrees 59 minutes 19 seconds West, a distance of 858.53 feet to the easterly right-of-way line of Chicago, Milwaukee & St. Paul Railway Company; thence South 22 degrees 01 minutes 41 seconds East, along said easterly right-of-way line, a distance of 463.90 feet to the south line of said Northeast Quarter of Section 19; thence South 89 degrees 59 minutes 19 seconds East, along said south line, a distance of 1,839.93 feet to the point of beginning. EXHIBIT B FAIRHTT.T, DRVRI,OPMRNT ACRRAGR DEVELOPMENT DATA Total Platted Area: Less Highway 3 ROW Less 195th ROW Less RR Outlot Less Floodplain Less Wetlands 965.01 acres 14.44 acres 19.69 acres 0.76 acres 132.11 acres 26.74 acres Total Development Acreage 771.27 acres 36 90 EXHIBIT C PUD PLANS PUD PLAN COVER SHEET (PUD-OO) SITE CONTEXT - CULTURAL FEATURES (PUD-Ol) NATURAL FEATURES - SLOPE ANALYSIS (PUD-02) 195TH STREET PLAN (PUD-03) NEIGHBORHOOD AND OPEN SPACE FRAMEWORK (PUD-04) PROPOSED COMPREHENSIVE PLAN AMENDMENT (PUD-05) CONCEPT SITE PLAN (PUD-06) OPEN SPACE AND AMENITIES PLAN (PUD-07) ROADWAY TYPOLOGY (PUD-08) ROADWAY TYPOLOGY (PUD-09) EXISTING CONDITIONS (PUD-IO) EXISTING CONDITIONS (PUD-ll) CONCEPT SITE PLAN (PUD-12) CONCEPT SITE PLAN (PUD-13) GRADING PLAN (PUD-14) GRADING PLAN (PUD-15) UTILITY PLAN (PUD-16) UTILITY PLAN (pUD-17j COVER SHEET (P-OO) OVERALL PLAN (PS-Ol) EXISTING CONDITIONS - PHASE 1 (PS-02) PRELIMINARY SITE PLAN - PHASE 1 (PS-03) 37 91 PRELIMINARY SITE PLAN - PHASE 1 (PS-04) PRELIMINARY PLAT - PHASE 1 (OVERALL) (PP-Ol) PRELIMINARY PLAT - PHASE 1 (INSET) (PP-02) PRELIMINARY PLAT - PHASE 1 (INSET) PP-03) PRELIMINARY GRADING PLAN - PHASE 1 (pG-Ol) PRELIMINARY GRADING PLAN - PHASE 1 (pG-02) PRELIMINARY GRADING DETAILS (pG-03) PRELIMINARY STREET PROFILES - PHASE 1 (PR-Ol) PRELIMINARY STREET PROFILES - PHASE 1 (PR-02) PRELIMINARY UTILITY PLAN - PHASE 1 (PU-Ol) PRELIMINARY UTILITY PLAN - PHASE 1 (PU-02) PRELIMINARY UTILITY PLAN - PHASE 1 (PU-03) PRELIMINARY INFO CENTER BUILDING PLAN AND HOA BLDG. PLAN (P A-Ol) PRELIMINARY MONUMENT PLAN (PA-02) PRELIMINARY LANDSCAPE PLAN - PHASE I (PL-Ol) PRELIMINARY LANDSCAPE PLAN - PHASE 1 (PL-02) 38 92 EXHIBIT D METROPOI.lTAN COlJNCII. I.AND lJSE SlJMMARV 39 93 40 94 J EXHlBIT E FAIRHTl,L MTNTMUM LOT SIZE AND DESIGN STANDARDS 41 95 Desion Standards 45' 110' 4950 55' 110' 6050 65' 120' 7800 75' 120' 9000 I Setbacks Front Garaae 20' 20' 20' 20' Porch 12' 12' 12' 12' LMna Snace 15' 15' 15' 15' Side 6' 6' 12' 12' 15' 15' 10' 10' Ie Structure 50% 45% 45' 45' 3.5 du/Ac. 5.5 du/Ac. Site Requirements Maximum Gross Density Maximum Net Density 6' 12' 6' 12' 15' 10' 15' 10' 40% 45' 35% 45' Multi-Family Attached Product (Medium Density) Setbacks Front Setback 15' Garage Setback 20' Setback Between Buildings, Side-Side 20' Setback Between Buildings, Rear-Rear 30' Setback Between Buildings, Rear-Side 20' Side Setback Low Density Adjacent Land Use 20' Rear Setback Low Density Adjacent Land Use 30' Setback from Gas Easement/Outlot 10' Setback from Pond Outlot 20' Building Requirements Maximum Lot Coverage of All Structures 50% Maximum Height of Structure 45' Site Requirements Maximum Net Density Private Road Width (MinImum) Private Common Drive Width (Minimum) Required Common Parking Commercial Lot Requirements Lot Width Lot Square Footage (Minimum) Setbacks Front Setback Side Setback Rear Setback Parking Structure from HWY. 3 Structure from C.R. 64 14.0 24'B-B 20'BB 0.5 Spaces/Unit 50' 5,000 0' 0' 0' 10' 30' 30' 42 96 EXHIBIT F FAIRHILL PARK PLAN AND OPEN SPACE December 31,2007 FAIRHILL PUD SUMMARY 965 Acres Site Area 391 Acres Total Open Space 574 Acres Developed Land CITY PARK LAND DEDICATION REQUIREMENT Residential Area: 732 Acres Net Developable Area (total site less wetlands, steep slopes, floodplain, 195th ROW, Highway 3 ROW, Commercial) 2.8 - 3.5 Units per net acre based on Concept Plan 82 Acres Residential Park Dedication Requirement (12%) Commercial Area: 25.4 Acres Commercial Developable 43 97 1.27 Acres Commercial Park Dedication Requirement App. 84 Acres Total Park Dedication Requirement PROPOSED PARK/OPEN SPACE AREA 90 Acres Developable Land Area Identified for Public Park Dedication 42 Acres SW Community Park 37 Acres Central Park (does not include steep slopes of 11.97 acres 2 Acres North Farm Park 3 Acres The Orchards Park 6 Acres Trailway Area (approximately 5 miles outside already dedicated areas About 173 Acres Private park/open space/creek corridor/wetland/floodplain 263 Acres TOTAL OPEN SPACE AND PARK AREA 44 98 EXHIBIT G FAIRHILL - PARK DEDICATION TABLE January/8/08 Required Park Dedication 89.1 * Any credits for dedication/donation of park area to City will be discussed at time of transaction. 45 99 EXHIBIT H OWNERS David J. Finnegan and Karen L. Finnegan, husband and wife, as to that portion of the Subject Property identified in Attachment 2 to this Exhibit H. Michael E. McMahon and Richard M.C. Glenn III Trustees under Trust Agreement dated March 19, 1976 with Fred M. Seed as Donor for James Michael Seed, as to that portion of the Subject Property identified in Attachment 3 to this Exhibit H. Attachment 1 is a graphical depiction of the respective interests ofthe Owners. 46 100 ATTACHMENT 1 (GRAPIDC ATTACHED) 47 101 ATTACHMENT 2 TRACT 1: The South Half of the Southeast Quarter of Section Seven (7), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota. TRACT 3: The Northwest One Quarter (NW 1/4) of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, lying West of the right of way of the Chicago, Milwaukee & St. Paul Railway Company. TRACT 4: All that part of the Northwest Quarter of Section Eighteen (18),Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota lying East of the right of way of the Chicago, Milwaukee & St. Paul Railway Company, EXCEPTING THEREFROM: That part of the Northwest Quarter of Section Eighteen (18),Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota lying easterly and southerly ofthe following described line: Commencing at the southeast corner of said Northwest Quarter; thence North 89 degrees 50 minutes 32 seconds West, assumed bearing along the south line of said Northwest Quarter, a distance of 48.00 feet to the point of beginning of the line to be described; thence northerly along a non-tangential curve concave to the northeast having a central angle of 18 degrees 20 minutes 32 seconds, a radius of 933.00 feet for an arc distance of 298.68 feet, the chord of said curve bears North 17 degrees 09 minutes 06 seconds West; thence North 07 degrees 58 minutes 50 seconds West, tangent to said curve a distance of 125.27 feet; thence northerly along a tangential curve, concave to the east, having a central angle of 14 degrees 20 minutes 14 seconds, a radius of 833.00 feet for an arc distance of 208.44 feet; thence North 08 degrees 09 minutes 04 seconds East, tangent to said curve a distance of 60.00 feet; thence North 08 degrees 59 minutes 36 seconds East, a distance of 275.57 feet; thence on a bearing of East, a distance of 108.74 feet to the east line of said Northwest Quarter and said line there terminating. TRACT 5 The North One Half of the Northeast Quarter of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota. TRACT 6 The South One Half of the Northeast Quarter of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, EXCEPTING THEREFROM: 48 102 That part of the South One Half of the Northeast Quarter of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said South Half of the Northeast Quarter; thence North 89 degrees 51 minutes 17 seconds West, assumed bearing along the north line of said South Half of the Northeast Quarter, a distance of 1737.91 feet to the point of beginning; thence South 12 degrees 54 minutes 43 seconds West, a distance of 874.95 feet; thence North 84 degrees 12 minutes 57 seconds East, a distance of 1.71 feet; thence South 05 degrees 47 minutes 03 seconds East, a distance of 242.90 feet; thence South 22 degrees 58 minutes 08 second East, a distance of 168.25 feet; thence South 27 degrees 57 minutes 00 seconds East, a distance of 70.94 feet to the south line of said South Half of the Northeast Quarter; thence North 89 degrees 50 minutes 32 seconds West, along said south line a distance of 834.97 feet to the west line of said South Half of the Northeast Quarter; thence North 00 degrees 15 minutes 31 seconds East, along said west line a distance of 947.83 feet; thence on a bearing of East, distance of 209.30 feet; thence North 80 degrees 11 minutes 01 seconds East, a distance of 80.19 feet; thence North 55 degrees 04 minutes 07 seconds East, a distance of 80.19 feet; thence North 27 minutes 01 seconds 04 minutes East, a distance of 77.88 feet; thence North 17 degrees 52 minutes 07 second East, a distance of 42.27 feet; thence North 11 degrees 35 minutes 32 seconds East, a distance of 197.77 feet to said north line; thence South 89 degrees 51 minutes 17 seconds East, along said north line a distance of 458.96 feet to the point of beginning. TRACT 7 That part of the East half of the Southwest Quarter of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, lying easterly of the right of way ofthe Chicago, Milwaukee & St. Paul Railway Company and lying northerly of the following described line; Commencing at the Northeast Corner of the South Half of the Northeast Quarter of said Section 18; thence North 89 degrees 51 minutes 17 seconds West, assumed bearing along the north line of said South Half of the Northeast Quarter, a distance of 72.00 feet to the west right of way of State Highway 3; thence continuing North 89 degrees 51 minutes 17 seconds West along said north line a distance of 1,665.91 feet; thence South 12 degrees 44 minutes 28 seconds West, a distance of 1,579.23 feet to the point of beginning of the line to be described; thence South 68 degrees 07 minutes 02 seconds West, a distance of 1634.07 feet more or less to the easterly right of way of the Chicago, Milwaukee & St. Paul Railway Company and said line there terminating. EXCEPTING THEREFROM: That part of the East half of the Southwest Quarter of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, lying northeasterly of the following described line: Commencing at the northeast corner of said East Half of the Southwest Quarter; thence North 89 degrees 50 minutes 32 seconds West, assumed bearing along the north line of said East Half ofthe Southwest Quarter, a distance of 48.00 feet to the point of beginning of the line to be described; thence southeasterly along a non-tangential curve, concave to the northeast having a central angle 49 103 of 5 degrees 58 minutes 33 seconds, a radius of 933.00 feet for an arc distance of 97.31 feet to the east line of said East Half of the Southwest Quarter and said line there terminating. TRACT 8 That part of the Northeast Quarter of the Southwest Quarter of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, lying easterly of the right of way of the Chicago, Milwaukee & St. Paul Railway Company and lying southerly of the following described line; Commencing at the Northeast Corner of the South Half of the Northeast Quarter of said Section 18; thence North 89 degrees 51 minutes 17 seconds West, assumed bearing along the north line of said South Half of the Northeast Quarter, a distance of 72.00 feet to the west right of way of State Highway 3; thence continuing North 89 degrees 51 minutes 17 seconds West along said north line a distance of 1,665.91 feet; thence South 12 degrees 44 minutes 28 seconds West, a distance of 1,579.23 feet to the point of beginning of the line to be described; thence South 68 degrees 07 minutes 02 seconds West, a distance of 1634.07 feet more or less to the easterly right of way of the Chicago, Milwaukee & St. Paul Railway Company and said line there terminating. 50 104 ATTACHMENT 3 The South Half of the Northwest Quarter of Section 19, Township 114, Range 19, Dakota County, Minnesota, EXCEPT that part platted as FAIRHlll PARK, according to the recorded plat thereof, said Dakota County. TOGETHER WITH The Southwest Quarter of the Southwest Quarter of Section 18, Township 114, Range 19, Dakota County, Minnesota, less Railway right-of-way and EXCEPTthat part platted as FAIRHlll PARK, according to the recorded plat thereof, said Dakota County. TOGETHER WITH The Northeast One Quarter (NE 1/4) of Section Nineteen (19), Township One Hundred Fourteen (114), Range Nineteen (19), lying easterly ofthe easterly right of way line ofthe railway and EXCEPTthat part lying southerly, easterly and southerly of the following described line, said exception constitutes the Registered portion in the southeast corner of said Northeast Quarter: Beginning at the northwest corner of Block 1, PERCINE lOTS 2ND ADDITION, according to the recorded plat thereof, said Dakota County; thence South 89 degrees 59 minutes 19 seconds East, assumed bearing along the north line of said Block 1, a distance of 538.68 feet to the east line of said Northeast Quarter; thence North 89 degrees 59 minutes 19 seconds West, a distance of 1025.66 feet; thence South 00 degrees 02 minutes 17 seconds West, a distance of 203.50 feet; thence South 89 degrees 47 minutes 01 seconds East, a distance of 50.06 feet; thence South 00 degrees 00 minutes 41 seconds West, a distance of 53.40 feet; thence North 89 degrees 59 minutes 19 seconds West, a distance of 180.00 feet; thence South 00 degrees 02 minutes 17 seconds West, a distance of 209.92 feet to the north line of the South 430 feet of the said Northeast Quarter; thence North 89 degrees 59 minutes 19 seconds West along said north line of the South 430 feet, a distance of 858.53 feet to the easterly right of way line of the Chicago, Milwaukee & St. Paul Railway Company and said line there terminating. ALSO EXCEPTthat part platted as FAIRHlll PARK. TOGETHER WITH The North One Half (N 1/2) of the Northwest Quarter (NW1/4) of Section Nineteen (19), Township One Hundred Fourteen (114), Range Nineteen (19) West of the Fifth Principal Meridian, less a strip of land One Hundred (100) feet, side extending across said lands now occupied by the Chicago, Milwaukee and St. Paul Railway Company for railroad purposes. ALSO EXCEPTthat part platted as FAIRHlll PARK. 51 105 TOGETHER WITH That part of the Northwest Quarter of Section Eighteen (18),Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota lying easterly and southerly of the following described line: Commencing at the southeast corner of said Northwest Quarter; thence North 89 degrees 50 minutes 32 seconds West, assumed bearing along the south line of said Northwest Quarter, a distance of 48.00 feet to the point of beginning of the line to be described; thence northerly along a non-tangential curve concave to the northeast having a central angle of 18 degrees 20 minutes 32 seconds, a radius of 933.00 feet for an arc distance of 298.68 feet, the chord of said curve bears North 17 degrees 09 minutes 06 seconds West; thence North 07 degrees 58 minutes 50 seconds West, tangent to said curve a distance of 125.27 feet; thence northerly along a tangential curve, concave to the east, having a central angle of 14 degrees 20 minutes 14 seconds, a radius of 833.00 feet for an arc distance of 208.44 feet; thence North 08 degrees 09 minutes 04 seconds East, tangent to said curve a distance of 60.00 feet; thence North 08 degrees 59 minutes 36 seconds East, a distance of 275.57 feet; thence on a bearing of East, a distance of 108.74 feet to the east line of said Northwest Quarter and said line there terminating. TOGETHER WITH The Northwest Quarter of the Southwest Quarter of Section 18, Township 114, Range 19, Dakota County, Minnesota, less the existing railroad right of way. TOGETHER WITH That part of the East Half of the Southwest Quarter of Section 18, Township 114, Range 19, Dakota County, Minnesota, less the existing railroad right of way and also except that part of the Northeast Quarter ofthe Southwest Quarter, lying east of the easterly railroad right of the Northeast Quarter of the Southwest Quarter. TOGETHER WITH That part of the East half of the Southwest Quarter of Section Eighteen (18), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, lying northeasterly ofthe following described line: Commencing at the northeast corner of said East Half of the Southwest Quarter; thence North 89 degrees 50 minutes 32 seconds West, assumed bearing along the north line of said East Half of the Southwest Quarter, a distance of 48.00 feet to the point of beginning of the line to be described; thence southeasterly along a non-tangential curve, concave to the northeast having a central angle of 5 degrees 58 minutes 33 seconds, a radius of 933.00 feet for an arc distance of 97.31 feet to the east line of said East Half of the Southwest Quarter and said line there terminating. TOGETHER WITH The Southeast Quarter of Section 18, Township 114, Range 19, Dakota County, Minnesota, EXCEPTING THEREFROM that part platted as FAIRHILL PARK, according to the recorded plat thereof, said Dakota County, Minnesota. 52 106 TOGETHER WITH That part of the South Half of the Northeast Quarter of Section 18, Township 114, Range 19, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said South Half of the Northeast Quarter; thence North 89 degrees 51 minutes 17 seconds West, assumed bearing along the north line of said South Half of the Northeast Quarter, a distance of 1737.91 feet to the point of beginning; thence South 12 degrees 54 minutes 43 seconds West, a distance of 874.95 feet; thence North 84 degrees 12 minutes 57 seconds East, a distance of 1.71 feet; thence South 05 degrees 47 minutes 03 seconds East, a distance of 242.90 feet; thence South 22 degrees 58 minutes 08 second East, a distance of 168.25 feet; thence South 27 degrees 57 minutes 00 seconds East, a distance of 70.94 feet to the south line of said South Half of the Northeast Quarter; thence North 89 degrees 50 minutes 32 seconds West, along said south line a distance of 834.97 feet to the west line of said South Half of the Northeast Quarter; thence North 00 degrees 15 minutes 31 seconds East, along said west line a distance of 947.83 feet; thence on a bearing of East, distance of 209.30 feet; thence North 80 degrees 11 minutes 01 seconds East, a distance of 80.19 feet; thence North 55 degrees 04 minutes 07 seconds East, a distance of 80.19 feet; thence North 27 minutes 01 seconds 04 minutes East, a distance of 77.88 feet; thence North 17 degrees 52 minutes 07 second East, a distance of 42.27 feet; thence North 11 degrees 35 minutes 32 seconds East, a distance of 197.77 feet to said north line; thence South 89 degrees 51 minutes 17 seconds East, along said north line a distance of 458.96 feet to the point of beginning. 53 107 EXlDBIT I PLANNED UNIT DEVELOPMENT CONTRACT FOR FAIRHll.L PROJECT DEVELOPMENT CONTRACT FOR PLATS MARCH ---' 2007 1352236.1 54 108 / lOb City of Farmington 430 Third Street Farmington, Minnesota 651.280_6800. Fax 651.280.6899 www.ci.timningtlm_TI11l_L1:; TO: Mayor, Council Members, City Administrator FROM: Lee Smick, City Planner AICP, CNU SUBJECT: Adopt Resolution - MN GreenStep Cities DATE: May 2, 2011 INTRODUCTION Staff is requesting that the City Council implement the Minnesota GreenStep Cities program. The City of Farmington is well on its way to being established as a MN GreenStep City upon resolution ofthe City Council. DISCUSSION At the April 18, 2011 Council meeting, staff introduced the MN GreenStep Cities program. The program is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability goals through implementation of 28 best practices. Each best practice can be implemented by completing one or more specific actions from a list of four to eight actions. These actions are tailored to all Minnesota cities and focuses on cost savings and energy use reductions, while encouraging innovation. The GreenStep program is divided into 28 Best Practices as shown below. After reviewing the Best Practices worksheet, it was determined that Farmington has completed 16 of the 28 Best Practices as underlined below. There are 3 required Best Practices including #1, #24, and #25 that still need to be completed to obtain a Step 3 GreenStep City designation. 1. Public Buildioj!s - Required 12. Mobilitv Ontions 2. Private Buildings 13. City Fleets 3. New Green Buildings 14. Demand-Side Travel Planning 4. Outdoor Lighting & Signals 15. Environmental Purchasing 5. BuildinQ Reuse 16. Urban Forests 6. Comn Plan 17. Storm water 7. HiQher Densitv 18. Green Infrastruchrre 8. Mixed Uses 19. Surface Water 9. HiQhwav Deve10nment 20. Water and Wastewater Facilities 109 10. Conservation Design 21. Septic Systems 11. Comnlete Green Streets 22. Solid Waste Reduction 23. Local Air Quality 27. Local Food 24. Benchmarks & Community Engagement 28. Business Synergies - Required 25. Green Business Development - Reauired 12. Mobilitv Ontions 26. Renewable Energy ACTION REOUESTED Adopt a resolution approving the MN GreenStep Cities program. Respectfully submitted, Lee Smick, City Planner AICP, CNU 110 RESOLUTION NO. R24-11 A RESOLUTION AUTHORIZING THE CITY OF FARMINGTON TO P ARTICIP ATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM 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 2nd day of May, 2011 at 7:00 P.M. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Bartholomay introduced and Member Donnelly seconded the following: WHEREAS, the Minnesota GreenStep Cities program aims to provide Minnesota cities a clear pathway to greater sustainability based upon implementing best practices specific to Minnesota cities of differing sizes and capabilities. Due to the multiple environmental, economic and social dimensions of the best practices, leadership from a city's council is needed to oversee their implementation and coordination/integration with other city and community activities; and WHEREAS, climate changes have been observed in Minnesota and have the potential to negatively impact local, regional and state economies; infrastructure development; habitat; ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS, local governments have the unique opportunity to achieve both energy use and climate change gas reductions through building and facilities management; land use and transportation planning; environmental management; and through economic and community development; and WHEREAS, the Minnesota GreenStep Cities program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development; WHEREAS, Minnesota Session Laws 2008, Chapter 356, Section 13 directed the Minnesota Pollution Control Agency ("MPCA") and Office of Energy Security in the Department of Commerce ("Office of Energy Security"), in collaboration with Clean Energy Resource Teams ("CERTs"), to recommend municipal actions and policies that work toward meeting the State's greenhouse gas emissions reduction goals. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington does hereby authorize the City of Farmington to participate in the Minnesota GreenStep Cities program. Be it further resolved that the City: 1. Appoints the City Planner to serve as the City's GreenStep coordinator to facilitate best practices implementation; and 2. Will facilitate the involvement of community members, civic, business and educational organizations, and other units of government as appropriate [Dakota County Regional Chamber of Commerce, Farmington Downtown Business Association, City of Farmington Green Team, etc.] 3. Will identify a short list of best practices for initial implementation by May 2, 2011; and 4. Will claim credit for having implemented in total at least 16 required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community's greenhouse gas footprint. A summary of the city's implementation of best practices will be posted on the Minnesota GreenStep Cities web site. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of May, 2011. By: _~~ Mayor Attest to the '7 -r~ day of May, 2011. .-----~ . . '. ~.J:~ c/~/~ City Adm' lstrator " . SEAL 2. lOG City of Farmington 430 Third Street h.rmington, 1\.1innc5om 651.280_6800. Fa" 651.280.6899 www.ci.tilnningtllll_nl1l_Llll TO: Mayor, Councilmembers and City Administrator FROM: Teresa Walters, Finance Director SUBJECT: March Financial Report DATE: May 2, 2011 Enclosed is the financial report for the month of March 2011. Below is an explanation for variations from the budget. If you have any questions prior to the meeting, please e-mail me at twalters@cLfarmington.mn.us or call me at 651-280-6880. General Fund Overall General Fund revenues are at 2.54% ofthe budget. Without taxes, revenues are at 12.81 % of the budget. Tax revenue is not received until June/July. At 21.93% of the budget, overall General Fund expenditures are below budget. 25% of the budget year has passed. General Fund Compared to Last Year at This Time: In 2010 the General Fund revenues were at 3.95%. This was mainly due to the ALF payment which we no longer receive and building permit revenue which is down by approximately $59,000 when compared to last year. Generally permit revenue is higher during the warmer months; therefore last year should not be used as a comparative year. The permit revenue should fall in line with the budget towards the end of the year as the CDA and other projects are initiated. General Fund expenditures were 21.08%. Although the variance is not large, it is due mainly to higher snow removal costs in 2011. REVENUES Licenses: License revenue is $2,264 higher than last year at this time due to higher beer and wine licenses. Fines: Although fmes are lower than 25% of the budget, they are $1,765 higher than last year at this time. Intergovernmental: This includes the State Aid Maintenance payment. Total intergovernmental revenue is consistent with last year at this time. Charges for Services: This is seasonal and will increase during the summer months. Investment Interest: This should increase during the second half ofthe year. 113 EXPENDITURES Historic Preservation is at 40.11% of the budget; however, as of March, we have expended the fIrst half of the retainer. Snow Plowing: Snow plowing is higher due to greater than anticipated snowfalls this year. Finance: Salaries are slightly higher than 25%. Our accountant was budgeted to retire in February but actually retired at the end of March. This should level out throughout the year with a reduction in professional services. Snecial Revenue Funds: The Special Revenue funds are established to account for specific revenue sources (grants) or to fmance a specific activity. A plan to eliminate defIcits will be discussed during the budget process. The following is a summary of each special revenue fund: EDA: In March, expenditures exceeded revenues by $4,821. This was a result oflegal expenses and, Bonestroo charges related to the McVicker lot as well as taxes and legal charges related to the old Liquor Store property. Overall the EDA is showing a net loss of$3,689 bringing the defIcit to $(266,232) as of March. We currently have a contract in place for the sale of the old Liquor Store building. This should help off-set the defIcit. Rambling River Center Operations (Senior Center): As a result of transfer, March revenues exceeded expenditures by $938. The overall fund balance increased from a negative $33,159 at the beginning ofthe year to a negative $10,787 in March. Without the transfer, the RRC operations would show expenditures exceeding revenues by $21,944 as of March. Rambling River Center Renovations: March revenues exceeded expenditures by $388. The overall fund balance increased from a negative $159,585 at the beginning of the year to a negative $151,771 in March. Swimming Pool: The Swimming Pool will be funded this year by a $20,000 transfer from the liquor stores. The fund balance as of the end of December was $58,278. This fund balance will be drawn down throughout the year due to a reduction in the transfer. Year to date Pool expenditures are $4,297. This is for gas, electric, insurance, etc. Ice Arena: Overall Ice Arena revenues exceed expenditures by $30,973 for the quarter. This brings the fund balance from $(256,903) at the beginning of the year to $(225,930) as of the end of March. Entelprise funds: The Enterprise funds are self supporting and do not need fmancial assistance from the General fund. Liquor: Revenues exceeded expenses by $6,431 this month. More information will be provided to Council on the quarterly Liquor report. 114 Overall the Sewer. Solid Waste. Storm Water. Water. and Street Light Utility. enterprise revenues exceed expenditures in March. Street Light: Expenditures exceeded revenues by $12,666. Since we bill quarterly, revenues are behind by 2-3 months. With the fee increase approved by the Council for 2011, we should break even by the end of the year. Graoh: The graph shows that overall 2011 YTD fund balance slightly lower than the 2010 fund balance at this time. Respectfully submitted, Teresa Walters Finance Director 115 -#. t; ~ ~ E ~ as Cl ~ ~i~ r-:l;icO ~~."i ~"'''' ......... ii~ (~! i~&l ~~f8 O~~ ..........~ .....0... ~~~ ~~~ ""O~ ~ Cl ~ -~-- o III 0 ;~~ ~~g ~~gj 3~~ O...~ ~~O Cl"'''' ~~i Y:~or= ~~~ "g"E-g .tiE.! 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Fax 651.280.6899 WW\\'.ci. funnillgtllll.nlll.Llll TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: City Administrator Search Process DATE: May 2, 2011 INTRODUCTION The purpose of this memorandum is to provide an update and request further action from Council regarding the City Administrator search processes. DISCUSSION On April 18, 2011, the Council approved the position profile, job announcement and approximate time line for filling the City Administrator position. At this time, the job announcement has been placed and the City is currently accepting applications for the position. However, the Council still needs to make some determinations regarding the recruitment process. In past processes, as outlined in my memorandum to Council on April 18th, the City used a variety of forums in the recruitment of the City Administrator including a leadership assessment of the top candidate, staff interviews/input, and "meet the candidates" receptions. ACTION REOUESTED The following items for consideration and Council action: 1) Determine the role of the Council Sub-committee (i.e.- narrow the pool down to those to be interviewed or narrow to the top ten, remove candidate identifiers, and have the entire council determine the top five fmalists). 2) Decide whether or not to have the top candidate take a management assessment similar to those used in the past? 3) Decide whether or not the Council wants any involvement and/or input from City staff (at all levels) on the fmalists? 122 4) Determine to have a "meet the candidates" reception for community members before the fmal decision is made? 5) Determine how to or who will handle Administrator responsibilities in the interim. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 123 /3a.. HiPP Steering Committee Workshop Meeting Notes April 22, 2011 8:15 -10:00 a.m. Eagan City Hall The meeting was called to order at 8:15 a.m. by co-chairs Mike Maguire and Peter Herlofsky. The agenda had basically three components. 1. Debriefing of the current resetting process of RiPP 2. Committee assignments for the six projects outlined in our draft report 3. Work plan and meeting schedules Those in attendance were: Shenie Le, Assistant City Manager, W. St. Paul Sandra Krebsbach, Councilmember, Mendota Heights Paye Flomo, Mayor, Hampton David McKnight, City Administrator, Mendota Heights Dave Osberg, City Administrator, Hastings Joe Lynch, City Administrator, Inver Grove Heights Craig Ebeling, City Manager, Burnsville Catherine Durham, ICMA Management Fellow, Dakota County Brandt Richardson, Administrator, Dakota County Tom Lawell, City Administrator, Apple Valley Heidi Welsch, OP A Manager, Dakota County Tom Hedges, City Administrator, Eagan Mike Maguire, Mayor, Eagan George Tourville, Mayor, Inver Grove Heights Jim Englin, W, St. Paul Elizabeth Kautz, Mayor, Burnsville Nancy Schouweiler, Commissioner, Dakota County Peter Herlofsky, City Administrator, Farmington The issues brought forward regarding the resetting process were as follows: . Project was well conceived . The right steps occurred in the process . One of the pluses was a town hall voting method . People enjoyed being on the focus group . Did people provide thank you letters to those who participated? . Craig Rapp was well prepared for the meetings and everyone felt he did a great job . One of the positive elements was information from SCALE . The group felt they fed off Craig Rapp's energy and he brought a lot to the meeting agendas CmullerIHerlofskylHiPP/HiPP Meeting Notes 4-22-11 124 Some items which need to be worked on if this is done again: . Questions regarding follow-up to participants . Ideas were limited at the meetings and they should have been more free flowing . Questions regarding people being familiar with the settings . Sometimes people were trying to fInd things to do . The connection to SCALE did not work out as well, but the exercise with SCALE was helpful . If done again, there would be less consultant help and more involvement from the City and County, The next item on the agenda was for the subcommittees to be worked out. Subcommittee participants are as follows: Administrative Courts Steve Miell{e, Co-chair (Lakeville) Elizabeth Kautz, Co-chair (Bumsville) Jenni Faulkner (Burnsville) Dianne Miller (Eagan) Dark Fiber Tom Hedges, Chair (Eagan) Sandra Krebsbach (Mendota Heights) Tom Garrison (Eagan) Anita Scott (Dakota County) Tammy Omdal (Burnsville) E-Government Platforms Craig Ebeling, Co-chair (Burnsville) Mike Maguire, Co-chair (Eagan) Kristi Peterson (Eagan) Tom Venables (Burnsville) Heidi Welsch (Dakota County) Joint Training Programs Tom Lawell, Chair (Apple Valley) Laurie Peterson (Eagan) BJ Jungmann (Burnsville) Sandie Thone (Mendota Heights) Nancy Hohbach (Dakota County) Shared Technical Expertise Joe Lynch, Chair (Inver Grove Heights) Sherrie Le (W. St. Paul) CmullerlHerlofskylHiPPlHiPP Meeting Notes 4-22-11 125 Dave Osberg (Hastings) Jill Hansen (Bumsville) Laura Kushner or Tom Grundhoefer (League ofMN Cities) Kristi Petersen or Dan Cook (Eagan) Dawn Pearson (Apple Valley) Cathedne Durham (Dakota County) Public Safety Facilities Dave McKnight, Co-chair (Mendota Heights) George Tourville, Co-chair (Inver Grove Heights) Jim Englin (W. St. Paul) Paye Flomo (Hampton) Jim McDonald (Eagan) Tom Hansen (Burnsville) Nealon Thompson (Apple Valley) Scott Johnson (Apple Valley) Paul Schnell (Hastings) Tim Leslie (Dalmta County) Bob Hawkins (Burnsville) BJ Jungmann (Burnsville) BJ Battig (Dakota County) The work plan includes the next meeting will be Friday, June 10, from 8:15 -10:00 a.m. at the City of Eagan. Each of the subcommittees are to provide some updates of their progress and no new projects are to be added unless authodzed by the HiPP steering committee. The Co-Chair with Mike Maguire will be discussed at the next Dakota County Administrator's meeting on Friday, April 29. The meeting adjourned at 10:00 a.m. Respectfully submitted, Peter J.Herlofsky, Jr. City Administrator CmullerlHerlofskylHiPPlHiPP Meeting Notes 4-22-11 126 Peter Herlofsky From: Sent: To: Craig Ebeling [craig.ebellng@ci.burnsville.mn.us] Tuesday, April 26, 201112:40 PM Tom Lawell; Tom Hedges; dwight.johnson@ci.rosemount.mn.us; steve King; John Remkus; Steve Mielke; Brandt Richardson (External); Joe Lynch; David J. McKnIght; Dave Osberg (External); Peter Herlofsky; tim.madigan@ci.northfield.mn.us Welsch, Heidi; Mike Maguire; mayor.mike.maguire@gmail.com FW: E-Government Platforms- HIPP ad-hoc Committee Executive Summary. pdt, E-government platforms excerpt.pdf Cc: Subject: Attachments: Dear Colleagues As you know, the High Performance Partnership (HiPP) Steering Committee recently completed an evaluation of potential new collaborative efforts. Through research, citizen focus groups, and public town hall meetings, six Ideas with high potential to increase efficiency, save money, and/or improve services were recommended. Mayor Mike Maguire (City of Eagan) and I are excited to co-chair an ad-hoc committee on one of these ideas, E-Government Platforms. The purpose of this committee will be to explore how the city and County partners might share and collaborate around platforms that continue to build capacity for digital and virtual government applications. (Please find attached the report executive summary as well as a brief description of the recommended e-government platforms.) We are asking that you name a staff representatives from your organizations to serve on the ad-hoc committee to pursue these ideas. We anticipate that the ad-hoc committee will meet until the idea is fully explored, Most of the ad- hoc work groups who worked in a similar capacity in the 2004 HIPP effort completed their work within six to eight months or less. of course in some cases the concepts were advanced further by groups that were formed after the Initial ad-hoc group completed its report. The first meeting of this group will be: Date: Time: Location: Wednesday, May 18 1:30 p,m. to 3:30 p.m. Dakota County Western Service Center, Rm. 104 14955 Galaxie Avenue Apple Valley, MN 55124 Thank you for your willingness to participate in this worthwhile effort. If you have comments or questions please contact Mayor Maguire, Heidi Welsch or me. Craig L. Ebeling City Manager City of Burnsvllle, Minnesota 952-895-4465 {Office} 612-804-4558 (Cell) 952-895-4404 (Fax) Listen Respectfully, ThInk Ahead, Act ResponsIbly 1 127