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HomeMy WebLinkAbout04.16.12 Council Packet City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING APRIL 16, 2012 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OFALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (4/2/12 Regular) (4/9/12 Workshop) Approved b) First Quarter 2012 New Construction Report—Building Inspections Information Received c) Local Storm Water Model Update/Extension—Natural Resources Information Received d) Adopt Resolution—Accept Happy Harry's Furniture Donation to Rambling River Center—Parks and Recreation R16-12 e) Approve Product Test Agreement with Toro Company—Parks and Recreation Approved f) Hydrant Flushing—Municipal Services Information Received g) Amend On-Sale Liquor License Big Sombrero Mexican Restaurant— Administration Approved h) Adopt Resolution—Approve All Hazard Mitigation Plan - Police R17-12 i) Approve Arena Use Agreement—Parks and Recreation Approved j) Approve Bills Approved 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. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Accept Rambling River Center Improvement Project Ceremonial Check— Parks and Recreation Accepted b) Adopt Resolution—Approve Re-Allocation of Fundraising and Donation Revenue to Future Rambling River Center Building and Grounds Improvements—Parks and Recreation Pulled c) Approve Farmington Youth Hockey Association Agreement—Parks and Recreation Approved d) March 2012 Financial Report- Finance Information Received e) Adopt Resolution-Approve Development Contract Riverbend 4th Addition— Engineering R18-12 f) Approve Agreement with Dakota County for Utility Permits—Engineering Approved 11. UNFINISHED BUSINESS a) Approve Second Amendment to Dispersing Agreement Vermillion River Crossings -Engineering Tabled 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 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 Approve Council Minutes (4/2/12 Regular)(4/9/12 Workshop) Regular Minutes 5 Workshop Minutes 16 First Quarter 2012 New Construction Report and Population Estimate 1st Qtr 2012 20 Local Storm Water Model Update- Extension Storm Water Model Update Extension 29 Storm Water Model Update JPA 30 Adopt Resolution Accept Happy Harry's Furniture Donation to the Rambling River Center memo 31 resolution 32 Approve Product Test Agreement Memo 33 Agreement 34 Hydrant Flushing Hydrant Flushing 38 Map 39 Amend On-Sale Liquor License Big Sombrero Mexican Restaurant Memo 40 Adopt Resolution -Approving All Hazard Mitigation Plan April 16 2012 all haz mitigation plan 41 2012 ALL HAZRD MIT PLAN RESOLUTION 43 Approve Arena Use Agreement memo 45 agreement 46 Approve Bills Bills 47 Accept Rambling River Center Improvement Project Fundraising Ceremonial Check memo 69 exhibit A 71 Adopt Resolution Approve Re-Allocation of Fundraising and Donation Revenue to Future Rambling River Center Building and Grounds Improvements Memo 72 Resolution 74 Approve Agreement with Farmington Youth Hockey Association Memo 75 Agreement 77 March 2012 Financial Report 1 March 2012 Memo 79 March 2012 Monthly Report 81 RRC Expense Detail 86 Adopt Resolution-Approve Development Contract Riverbend 4th Addition Riverbend 4th Addition Development Contract Memo 041612 89 Riverbend 4th Addition Dev Contract Res 041612 91 Riverbend 4th Development Contract Final 041612 92 Approve Agreement with Dakota County for Utility Permits City-County Joint Utility Permitting 041612 106 County Permit System Service Agreement 041612 108 County Permit System IT-Infrastructure SLA for Cities 041612 122 Approve Second Amendment to Disbursing Agreement Vermillion River Crossings Disbursing Agreement Amendment 2-VRC 041612 136 vrc 138 Amendment 2 to Disbursing Agreement VRC 041612 139 2 7Q COUNCIL MINUTES REGULAR April 2, 2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Donnelly, Fogarty,May Members Absent: None Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Teresa Walters, Finance Director;Randy Distad,Parks and Recreation Director;Kevin Schorzman, City Engineer;Cynthia Muller,Executive Assistant Audience: Tom Flanagan,Annette Kuyper, Drea Doffmg,Mitchell Snobeck, Jim Seed,Jonas Seed, Peter Gualtieri 4. APPROVE AGENDA City Administrator McKnight moved item 12a) 195th Street Assessment to the first item under Petitions,Requests and Communications to accommodate the audience. MOTION by Fogarty, second by Donnelly to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Earth Day April 22,2012 Mayor Larson proclaimed April 22,2012, as Earth Day. b) Proclaim Arbor Day April 27,2012 Mayor Larson proclaimed April 27, 2012 as Arbor Day. 6. CITIZEN COMMENTS Ms.Annette Kuyper,20530 Dyers Pass, spoke regarding the Yellow Ribbon Network. The Farmington Warrior to Citizen program has changed their name to the Yellow Ribbon Network to reflect the yellow ribbon which is a symbol of military service families. They have several events including public safety night on April 12,2012; monthly veteran dinners have been held to honor all local veterans at Farmington churches. The last one will be May 7,2012, and will start again in September. The military mother/grandmother luncheon will be held May 12, 2012. 7. CONSENT AGENDA MOTION by Fogarty, second by Donnelly to approve the Consent Agenda as follows: a) Approve Council Minutes(3/19/12 Regular) 5 Council Minutes(Regular) April 2,2012 Page 2 b) Approved Temporary On-Sale Liquor License St.Michael's Church- Administration c) Adopted RESOLUTION R13-12 Approving Gambling Event Permit St. Michael's Church-Administration d) Adopted RESOLUTION R14-12 Accepting Donations to the Rambling River Center Improvement Project—Parks and Recreation e) Approved School and Conference—Parks and Recreation f) Approved Agreement with Marschall Bus Lines for 2012 Swim Bus Program— Parks and Recreation g) Adopted RESOLUTION R15-12 Accepting Donation Marschall Bus Lines— Parks and Recreation h) Approved Bills APIF,MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) 195th Street Assessment-Engineering City Engineer Schorzman explained the developer has requested the entire assessment be placed on the south portion of the property that is still under their direct ownership. Staff recommended Council direct staff to prepare the necessary PUD amendment and assessment resolution based on the pre-payment of$441,144. If Council decides they would prefer to stay with the existing PUD arrangement,they could direct staff to prepare the assessment resolution per the existing PUD. The budget impact of both options was presented to Council in terms of the final ending balance in the road and bridge fund. Mr. James Seed, developer of the Fairhill property, stated they have had 1,000 acres in Farmington for 50 years. They sold the northern half of the property to Mr. Dave Finnegan. The Seed's retained and intend to develop the southern half amounting to 470 acres. In selling the north half, which is the furthest out in terms of development potential,they indemnified Mr. Finnegan from any responsibility for the special assessment which is about to be imposed. It was not planned that there would be a substantial pre-payment on the obligation which would go into a holding fund and used to ultimately pay the bonds. The Seed's do not have a choice regarding any assessment against Mr. Finnegan's land. According to their agreement with Mr. Finnegan,they are required to pre-pay the special assessments for the northern property. This amounts to $2.2 million. An independent appraisal was done and came in at a number that was not satisfactory to Mr. Seed. In discussions with staff,Mr. Seed suggested pre-paying one of the installment payments of$441,144. It is the Seed's objective to have the City comfortable with the land values and their willingness to make all of the assessment payments with the southern half of the property. The$441,144 would be the first annual payment of 2013. Thereafter,all the interest accumulates and 6 Council Minutes(Regular) April 2,2012 Page 3 the Seeds' will make payments twice annually. If Council is not comfortable with accepting the installment pre-payment,then the Seed's would have to pre-pay a substantial amount on the northern half. The Seed's would like the assessments moved to the southern half so they are paying them against their land over ten years. Mayor Larson asked if Council does not approve the $441,144 pre-payment would Mr. Seed pre-pay the entire assessment for the northern half. Mr. Seed stated they would have no choice but to do that. It accelerates a payment that would have been made over the term that matches the bond maturity. Staff's analysis shows if the City receives the accelerated payment,we do not earn the interest we intended to use to pay the bonds. Mayor Larson asked if there was a timeline for development. Mr. Seed stated there has been no active interest for this season. Councilmember May stated she did not understand about the requirement and isn't that the reason the escrow was set up. What does he mean that he is required to pre-pay? City Attorney Jamnik stated that has to do with Mr. Seed's transaction with Mr.Finnegan. They need to clear the assessments off the northern property to close that deal. Councilmember May asked if that was the purpose of the escrow and where is it saying the payment is required to be made? City Attorney Jamnik stated that was set up between Mr. Seed and Mr. Finnegan. There must be a provision in their land transaction. Mr. Seed stated the escrow was funded mid-2011 when they closed the sale. Mr. Seed needed to make good the warranty that Mr.Finnegan would not be part of the assessment. They cannot pay it until it is levied. There is no incentive for Mr. Finnegan or Mr. Seed to pay it when it is levied. Councilmember May asked why they cannot pay what is due in the year it is due? Mr. Seed stated then there is a special assessment lien on the property which is not allowed in the contract with Mr. Finnegan. The way to avoid that is to pay the special assessment as billed. You can voluntarily pay any part of your assessment any part of the year. Councilmember May noted when the agreement was presented to the Council,that was not brought to our attention. Council was told an escrow would be set up for the assessment and now unless we release the lien you will pre-pay the full amount. Mr. Seed agreed and noted he does not have a choice. Councilmember May was not in favor of releasing the lien and needed to protect the taxpayers. She was disappointed in staff's recommendation and when the sale was presented to Council, not all the facts were there. It should be made clear to the Council, especially by the City Attorney,that there could be this pre-payment. We are looking at what the road and bridge fund will look lace in 2027 and that is too far out to be overly concerned with. Mr. Seed stated it is not a pre-payment; it is a payment as billed. We are suggesting a pre-payment of the$441,144. Councilmember May stated Council should have been made aware of the full payment requirement when the sale occurred. We would not want to be in the position of releasing collateral. The City has fulfilled all obligations with this development. Mr. Seed stated as have we. 7 Council Minutes(Regular) April 2,2012 Page 4 Councilmember Bartholomay recalled a conversation he had with staff,that it has to do with a percent not a requirement,but that Mr. Seed can earn more money by having access to the money versus it sitting there. City Engineer Schorzman stated the point of our discussion was to show you that there was an obligation there. It still makes financial sense for them to do this. Councilmember Fogarty stated she understood protecting the taxpayer and there are a lot of different ways to do that. Your best prediction of future behavior is past behavior. This developer has been nothing but solid with the City and worked very well with the City. She is willing to consider their request. Pre- payments are always a possibility. We were not misled. In the past,people have pre-paid more than predicted and we have lost out on interest. It is not a possibility she would like to encourage. She realized 2027 is a long time out,but our job is to look long term. Councilmember Donnelly stated the developer retains development rights over land they sold. So do they have to buy it back? Mr. Seed stated that is exactly right. Mr.Finnegan has no interest in being a developer. The Seed family is the developer and the land owner. Development will come from 195th Street;from south to north. In approximately 25 years,Mr. Finnegan's land would be available for development. If the Seed family is still interested,we would have to repurchase the land from Mr.Finnegan. We are accountable to the City through the PUD Agreement. Councilmember Donnelly stated as soon as the assessment is levied on the northern half,then Mr. Seed has to pay it as billed. On the south half,they will go according to the billing and have no intention of pre-paying. Councilmember Donnelly stated the only way to prevent that trigger from happening is for the Council to move the entire assessment onto land that Mr. Seed owns,then it would not trigger the clause in the contract with Mr. Finnegan that requires them to pay the assessment. Mr. Seed stated that is correct and we would amortize it as it is billed. We thought it would be a positive suggestion to pre-pay the first year of$441,144 so the City would have that margin of safety and we would have more equity into the land. If the entire$4.6 million is spread over the entire property, it will require a substantial advance payment. Mayor Larson asked what kind of safety net does the City have if this is approved and things go bad with the land owner. City Engineer Schorzman stated the land is the first safety net. The second is the MSA funds that were collected for the project that can cover a large portion of the bond payments while we are liquidating land should that become necessary. Councilmember May stated for that reason alone,this discussion is about cash. Speaking for the residents, she wants the cash to protect the residents. If that is what has to happen,then pre-pay. That protects the residents more,than staff's recommendation. There is no comfort level in today's market with vacant land. The Council needs to think about VRC and the situation with that development. 8 Council Minutes(Regular) April 2,2012 Page 5 Councilmember Bartholomay stated with the pre-payment option it looks like numbers are based off of bonds we could pay in 2018 and later. Are there any bonds coming due before 2018? Finance Director Walters stated Vermillion River Crossing will come due in 2013. City Engineer Schorzman noted that is what they discussed last week. Councilmember Bartholomay asked if that would change this scenario. City Engineer Schorzman stated it would change things by switching the pre-payment amount over to a bond that is not associated with it. It gets closer to the$441,144 option,but only with a complete pre-payment which the developer has indicated they do not intend to do. To pre-pay the Vermillion River Crossing bonds you would need almost$4 million. If you only get$2.2 million in the pre-payment you will not have the ability to pre-pay those bonds in 2014. Councilmember Bartholomay asked if we could pay part of them off. Finance Director Walters stated you can refund half of it. Mayor Larson asked how is this similar to Vermillion River Crossing? City Engineer Schorzman explained the similarity is the City issued debt to fund infrastructure improvements that were to be paid by the development as it developed. Councilmember May added and it fell on the residents, so it could be the same. Mayor Larson asked about the differences. City Engineer Schorzman explained the difference is in Vermillion River Crossing the assessments were levied and then deferred numerous times and moved to the point where they are not an active assessment. The land has to change hands before we have an opportunity to collect on those assessments and there is no additional safety net for funding like on the 195th Street bonds as far as bond payments with MSA dollars. Councilmember Donnelly stated regarding MSA dollars,they are set up for many purposes including building roads which is one of the main reasons for those funds;not to make bond payments. If we use MSA funds to make bond payments,then we don't fix roads. City Engineer Schorzman stated that is why they are the third line of defense and not the first. Councilmember Donnelly added then if we would have to fix roads,we have to get the money from the taxpayers. City Engineer Schorzman stated the MSA funds are the 2027 ending balance in the road and bridge fund. Councihnember Donnelly stated he understands the Seed family has been around for a long time. His obligation is to the taxpayers. If we were a bank,what would a bank do? Mr. Seed stated there are not rational things done by many banks. This panel is more rational than banks. He welcomed Councilmember Fogarty's memory of the Seed family. There are trails that have been given,there was this window of opportunity between the City, county and the Seed family to get 195th Street built, construct the bridge, re-route the trout stream and accomplish this in a manner of cooperation. We have that with the City. There is nothing that is going to impede the responsibility of this land owner to make the payments of this obligation. The land values have stabilized and there are uses for land now. Houses are being built in the neighborhood and it is imminent we will be in business. Mr. Seed did not know how they are tarred with someone else, 9 Council Minutes(Regular) April 2,2012 Page 6 Vermillion River Crossing. That is not the style of their family and they have 55 years to prove it. They are not walking away from this project because it is too much of an opportunity. The Seed family has not gone down with the recession and we will build on this property in Farmington. The bridge and 195th Street would not be there except for the land owner cooperating and now wanting to pay his part of it. Councilmember Bartholomay stated Council values the partnership with the Seed family. The decision is about what is fundamentally the right decision. The Seed family should not take Council's decision personally. Past practices with other development has hurt the City. Councilmember Fogarty stated so one developer is going to pay for another developer's mistakes. She understood wanting to protect the taxpayer and there are two ways to do it. There is a right way to do business and a way that gets unwelcoming. Mr. Seed is right;we would not have the 195th Street bridge without their cooperation. They have always had the best interest of the community in their heart. It is a fmancial interest as well. If this community is prospering that is all the better for development in the future. She appreciated what the Seed family has done for the City. This is why cities get the reputation of being difficult to deal with. The assumptions go so far as to assume he will default when he never has before, and that the property will not be valuable enough to collect the claims. That is a terrible assumption to make of someone who has been a great partner with us. Mayor Larson stated the Seed family has owned the land for 50 years. You developed in the City multiple times, you have given everything the City has asked of you as far as money, land, etc. without hesitation. It is has been along time since he has seen someone at a meeting show the amount of integrity that Mr. Seed and his family have shown. That means a lot. He thanked the Seed family for that. Mr. Seed stated you cannot live without integrity. You are the victim of your own behavior if you are anything but honest with all parties. Councilmember May commented on Councilmember Fogarty's comment that the project would not have happened without the Seed family. She understood that, but the City has fulfilled our obligations. It has been a tough few years being a banker. Some of the nicest, smartest people have not survived. That is why her decision is based on risk and nothing to do with integrity. Mr. Seed stated the dream was that we would be in 2012 and have 150 acres developed. All of those closings would have accelerated the payment of the special assessment. Success is creating this problem, for the fact the Seed family does have the liquidity to pay the$2.2 million. Councilmember May makes the argument about what we will have in 2027 for a balance in the road and bridge fund. Mr. Seed stated the perceptual problem for Council, is that you think you are giving us something for the fact you are taking just half the land for all the obligation. If we started with 470 acres it would have been a different discussion. If we did not have the Finnegan portion Council would not be concerned and the 10 Council Minutes(Regular) April 2,2012 Page 7 Seed's are not concerned now. The Seed family simply does not have a contractual choice but to take the assessment on Finnegan's land and pay it as billed. MOTION by Fogarty, second by Larson to approve staffs recommendation to prepare the necessary PUD amendment and assessment resolution based on the pre-payment of$441,144 within 45 days of approval, and the assessment beginning in 2014 for a period of 10 years. Voting for: Fogarty, Larson. Voting against: Bartholomay, Donnelly, May. MOTION FAILED. The assessment resolution will be prepared according to the original PUD to assess in the fall for payment in 2013. The timing of the assessment will be for the 30 days allowed for pre-payment to run out right before the end of 2012 and the assessment would fall to 2013. b) Ice Arena Discussion—Parks and Recreation In October 2011, Council approved reallocating funds from the arena capital projects fund to cover additional capital expenditures that occurred for the arena in 2011. Council also approved closing the arena capital projects fund and transferring the remaining balance for$81,745 to the debt service fund. Recently the public has requested having summer ice,however the arena does not have an adequate dehumidification system. Farmington Youth Hockey Association has stated they would be interested in assisting with improvements if they received a higher priority in scheduling of ice rental time. At a future Council meeting an agreement with FYHA will be brought forward involving a 10-year financial commitment made by FYHA in exchange for a higher priority for ice time. The agreement would provide money for both operational and capital improvement project costs. The Council was interested in using the money transferred to the debt service fund for other improvements to the area. Staff asked if the remaining $81,745 should be transferred back to the arena capital projects fund to be used for other arena improvements. If the money is transferred, what improvements should be completed with these funds? Councilmember Donnelly asked about the options and the costs. Parks and Recreation Director Distad stated the question is does Council want to leave the money in the debt service fund or use it for a dehumidification system and other improvements to the arena. Councilmember Fogarty stated if the school district and FYHA were willing to come up with the difference between the fund amount and the cost of a dehumidification system,are we willing to use those funds in matching with their funds to allow for summer ice. Staff stated when the arena renovations were completed, all the infrastructure for a dehumidification system was installed. The system costs$280,000. Councilmember Bartholomay asked if discussions were going on with other organizations about participating in the funding. City Administrator McKnight stated staff has talked with youth hockey and have an agreement ready to bring to 11 Council Minutes(Regular) April 2,2012 Page 8 the next meeting. Staff has made the same offer to the group that will get bumped in the ice time priority. Mr. Tom Flanagan,President of Farmington Youth Hockey Association, stated currently the agreement is to bump FYHA up one slot in ice preference, so they would be after the high school. The order is City programs,high school,FYHA. FYHA would gain six to eight hours of prime ice every week of the season. In return for that, FYHA's proposal is $10,000/year for operating and repair of the arena for ten years. Councilmember Bartholomay stated we could transfer the money out of the debt service fund until we decide what to do and if we decide not to do the dehumidification system the money can go back in. Mayor Larson stated it would make $81,745 liquid where we could use it for an arena project. It has to be a capital project,not operating costs. Staff clarified the question tonight is does Council want to transfer the money out of the debt service fund for a future arena project. Then Council will need to decide what that project will be,knowing there is more information coming. Councilmember Fogarty would like to discuss, if the school and the hockey association can come up with the difference, she would be interested in using the funds for a dehumidification system and wanted the opinions of other Councilmembers so the other organizations know where the City stands. Mayor Larson and Councilmembers Fogarty and Bartholomay agreed they would use the funds for a dehumidification system. Councilmember Donnelly clarified we are saying we want to transfer the money back for a project yet to be determined. Right now it is sitting in a debt service fund. We cannot pre-pay the bonds. Finance Director Walters stated it sits there and you can reduce the levy next year by making a payment. Then you have to increase it the following year. Councilmember May asked, if you take out a bond for the arena and you don't use it all, doesn't that money have to go to the bond? Finance Director Walters replied it does,but what we want to do is part of the original project. Councilmember May stated once we got the final costs for the arena and there was extra money,at that time we did allocate extra money to some repairs. So we have already done that. Unless we say we are interested in a dehumidification system,then at what point is the money no longer there where you can pull it back for another use? Finance Director Walters stated we can say it was never transferred at the end of 2011 because we have not finalized our fmancial statements yet. Councilmember May stated that is why we are saying to pull the money out now and decide later. We don't have an agreement before us. It feels like we are putting the money in a pot and see if there is other money that comes in. Even if the hockey association agrees,where will we come up with$200,000 if the cost is $280,000 and we only have $80,000? Finance Director Walters 12 Council Minutes(Regular) April 2,2012 Page 9 explained you are delaying closing the capital projects fund. City Administrator McKnight stated if we can find other partners,we would have to come up with the rest of it. Councilmember May noted they will not give us a lump sum of money, so how do we fund the dehumidification system? City Administrator McKnight stated either the other organizations come up with the money or we have another bond. Councilmember May was not interested in that. We are sitting here without something concrete in front of us. She felt that money should be used to reduce the debt to the taxpayer. Councilmember Fogarty noted the dehumidification system is coming up again, because there are new parties involved. Youth hockey was unaware of the problems last summer and that the dehumidification system had such an impact. She knows there have been conversations with the school district, and they were not fully aware of everything either. Now they are re-evaluating once we said no to summer ice. There are new players involved and they were not aware of the summer ice issues. It is fair to allow them some time to have a conversation. Councilmember May asked what happens if we pull the money out and nothing materializes? How do we get the money back into the arena? Finance Director Walters stated you transfer it back in and close out the fund. Councilmember May was not interested in the money going for any other purpose than a dehumidification system. We have to think about what was presented to the taxpayers and that was to put new ice in and that was done. Mayor Larson was interested in doing this if we put a timeline on it. Staff will draft an agreement with youth hockey and the school district and include a timeline whereby the money has to be raised by a certain date. Staff stated it would be preferable if the timeline ended this year so it does not go into another year for audit purposes. It was agreed to include a timeline of nine months. c) 2011 Parks and Recreation Department's Annual Report—Parks and Recreation Parks and Recreation Director Distad presented the 2011 annual report for activities with parks,recreation programs, liquor operations,Rambling River Center, ice arena, outdoor pool, Parks and Recreation Commission, and the Rambling River Center Advisory Board. d) Approve Agreement Purchase and Installation of Playground Equipment for 5-12 Year Old Children—Parks and Recreation Staff solicited proposals from eight companies for the purchase and installation of new playground equipment for 5-12 year olds in Lake Julia Park. Previously,the Council approved in the improvement budget$125,000 to make improvements to the park. New playground equipment was budgeted for$65,000, a new picnic shelter for$35,000,and construction of a parking lot for$25,000. The Parks and Recreation Commission selected the proposal submitted by Minnesota/Wisconsin Playground for$50,000. This includes installation of the equipment and all taxes. MOTION by Fogarty, second by Bartholomay to approve the agreement with 13 Council Minutes(Regular) April 2,2012 Page 10 Minnesota/Wisconsin Playground for the purchase and installation of playground equipment in Lake Julia Park for 5-12 year old children. APIF,MOTION CARRIED. e) Approve Agreement Purchase and Installation of Playground Equipment for 2-5 Year Old Children—Parks and Recreation Staff recommended purchasing playground equipment for 2-5 year olds in the amount of$15,000 from St. Croix Recreation Company for Lake Julia Park. MOTION by Bartholomay, second by Donnelly to approve the agreement with St.Croix Recreation Company, Inc. for the purchase and installation of playground equipment in Lake Julia Park for 2-5 year old children. APIF, MOTION CARRIED. f) Approve Agreement for Purchase and Installation of Picnic Shelter Lake Julia Park—Parks and Recreation A proposal was received for construction of a picnic shelter in Lake Julia Park for $35,000. It will be a 900 sq. ft. shelter that will allow for 10-12 picnic tables. MOTION by Fogarty, second by Bartholomay to approve an agreement with Flanagan Sales, Inc. for the purchase and installation of the picnic shelter in Lake Julia Park. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: The Easter Carnival is April 7, 2012 at Meadowview Park. On April 14,2012,at Celts there will be a spaghetti dinner fundraiser for the Farmington Royalty. Councilmember Bartholomay: Regarding the spill from a scrap yard operating in a B-3 zone,what are our oversight measures? City Administrator McKnight stated we have staff and neighborhood observation. Councilmember Bartholomay asked about having a yearly volunteer recognition event. Councilmember Fogarty noted the Rambling River Center does their own every year. City Administrator McKnight: The date that will work for a Council retreat is April 30,2012. The purpose is to give the City Administrator direction on a number of items and to set Council goals for the year. Councilmembers agreed on this date. Clean-up days start on April21, 2012. Parks and Recreation Director Distad: The summer edition of the City News and Recreation Guide will be delivered to homes on April 13,2012. Online registration will begin April 16, 2012. 14 Council Minutes(Regular) April 2,2012 Page 11 Mayor Larson: The Farmington Business Association is collecting $20 donations for flower pots. City information is available on Facebook,Nixie or Twitter. He attended the wine tasting last week. Dakota Lumber is having a deck expo April 26, 2012. He encouraged residents to shop local. Local businesses support youth sports. 14. ADJOURN MOTION by Fogarty, second by May to adjourn at 9:22 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 15 City Council Workshop Minutes April 9,2012 Mayor Larson called the workshop to order at 6:31 p.m. Present: Larson, Bartholomay,Donnelly, Fogarty,May(arrived 6:40 p.m.) Also Present: David McKnight, City Administrator;Teresa Walters,Finance Director;Randy Distad, Parks and Recreation Director;Cynthia Muller,Executive Assistant Shelly Eldridge,Ehlers&Associates;Parks and Recreation Commission members Dave McMillen,Dawn Johnson,Mike Haley,Randy Oswald MOTION by Fogarty, second by Donnelly to approve the agenda. APIF,MOTION CARRIED. Fiscal Disparities Discussion Ms. Shelly Eldridge, Ehlers&Associates,gave a history of fiscal disparities,how they are calculated, how they affect the City's tax rate,and their purpose. Fiscal disparities is a tax base sharing program that redistributes a portion of the growth in commercial/industrial property throughout the seven county metro area. The base year for fiscal disparities is 1971 which is when the law was passed. So 40%of the growth from 1971 is what is captured into the contribution. Every community in the region shares a portion of their commercial/industrial growth since 1971. It goes into the area wide pool,then it is redistributed according to a formula to each of the taxing jurisdictions. The purposes of fiscal disparities were to give the less affluent communities resources to attract business,to reduce the competition between communities,to support regional projects,provide assistance to older communities, gives a community incentive to keep open spaces,reduces urban sprawl and promote orderly regional development. The calculation is accomplished through a series of tables. Calculations are based on prior year's values, so for payable 2012 we are using market value of 2010 for taxes payable in 2011. The contribution starts with the county taking all the commercial/industrial value from the prior year, take out any tax adjustment or abatement, calculates the 40%and they send that information to the administrative county auditor who calculates it and that becomes the basis for the contribution pool. The contribution of the pool is value. Distribution from the pool comes out as dollars. Fiscal disparities is based on the City. Farmington's fiscal disparity contribution to the pool was$1,050,763. This is what all the commercial/industrial properties together pay to the pool. The distribution formulas have been set since 1977. Distribution is a two step process. The distribution value for the municipality is determined. This value times the prior year tax rate determines the dollars that will be certified to the pool. Fiscal capacity is indicated market value divided by the municipality's population as determined by the Met Council. Farmington 16 Council Workshop Minutes April 9,2012 Page 2 received a distribution value of 3,617,714 for 2012. Farmington received$2,016,261 in distribution dollars. The distribution dollars received from the pool will change depending on the size of the pool,the percentage of the pool to be received, and the City's prior year's tax rate. Ms. Eldridge presented a table showing the distribution value and dollars for Farmington from 1 2001 —2012. Each county auditor submits the distribution levy to Anoka County,who compiles the levies and calculates the tax rate. For 2012,the area wide tax rate that gets applied to the 40%that went into the pool is 142%. This includes city,county, school and all special taxing districts. The City's tax rate is calculated by taking the City's total value which is reduced by the contribution value. The City's total levy is reduced by the distribution dollars. Therefore, for 2012 the City's tax rate is 63.093%. On the tax statements there is a line for commercial/industrial for area wide taxes. When property taxes are paid,half of that amount will go to the pool and the rest gets distributed to the county, city, school. Each parcel gets a sharing factor. The county takes the total pool value, divides it by the total commercial/industrial tax capacity in the City and comes up with a sharing factor. That is the number that attributes each individual parcel to the pool. If fiscal disparities went away,the tax rate would go up 9.25%and would impact every property. So without fiscal disparities, Farmington's tax rate for 2012 would be 72.344%rather than 63.093%. Mayor Larson asked about the county building in Vermillion River Crossing and how does that building affect fiscal disparities for the commercial/industrial businesses. Ms. Eldridge stated it is tax exempt so it is not included in the contribution, and it is not included in fiscal capacity. If it was not tax exempt the value would be added to both the calculation for the fiscal capacity and the calculations for the contribution, so 40%would go towards the fiscal disparities pool. There is no impact on the fiscal disparities calculation for tax exempt properties. If a resident were to ask about fiscal disparities, Ms. Eldridge suggested explaining that Farmington is a net gainer from the tax. The City would be worse off without it. Budgeting is a policy decision and you need to determine your goal. Some communities have a goal of keeping the levy stable, some want the tax rate down, some say this is what we need to operate and the tax rate will be what it will be. Fiscal disparities may not be the tool to use to become more competitive with other cities. Parks and Recreation Commission a. Empire Ballfield Complex Proposal The ballfield complex in Empire Township is up and they expect to be open in 2013. The fields are built for adult softball. The commission met with the Empire Park and Recreation Commission last November to discuss the ballfield complex. During the discussion the City asked if Empire would be open to the City running the complex which includes running adult softball leagues,other programs, maintenance. Empire was open to receiving a proposal. A draft proposal was presented to the Council for their comments. The proposal includes qualifications,programming proposal, operation and maintenance proposal, scheduling and budgeting. The budgeting includes a 50/50 split 17 Council Workshop Minutes April 9,2012 Page 3 for revenues and expenses. If there is a profit,that would also be split. Whatever City costs would be,we would cover those costs through adult softball league fees. We do not have to add staff. We would use existing equipment and staff for maintenance and programming. Operations from the Rambling River fields would be moved to Empire. Youth baseball would use the Rambling River fields. Empire is aware of this proposal and is very excited for it. The first step is to submit the proposal,then a memorandum of understanding would be prepared for managing the complex. Council agreed with starting negotiations with Empire Township. b. Liquor Store Profits The Parks and Recreation Commission noted a lot of money for park and rec comes from liquor store profits. They realize the issue regarding whether to remain in the liquor store business. If we get out of the business,where would the funding for park and rec come from? Councilmember May noted our concern is it has to make money. If we don't have that,then funding would have to come from the general levy. Councilmember Fogarty felt they were asking if there is support to continue to fund park and rec despite the funding source. She felt park and rec is important to the community. Councilmember Donnelly asked what percentage of the budget comes from liquor stores. Parks and Recreation Director Distad stated we get$20,000;it used to be$60,000. Mayor Larson felt parks and rec is safe. Councilmember May stated we need to be careful. We all agreed it is important,but it is more want than need. There has to be some return. We have to make sure we offer things that work and we are not just spending money. Councilmembers have asked for more detail on programs to take a closer look. Staff is working on providing that detail so Council has answers for residents. Councilmember May noted we have been looking at trail maintenance and where that money will come from. c. 2013 Improvement Project Parks,Trails and Facilities The commission has identified Pine Knoll Park for their next project. Improvements include new playground equipment, new basketball court surface and a new hexagon shelter. The estimated cost is$120,000. This will leave a remaining balance in the park improvement fund of$27,677. Remaining parks marked for improvements include Troy Hill,Hill View, and Prairie View. Councilmember May did not know about the shape of the equipment,but asked if the money would be better spent on trails than equipment. Staff noted this is development money and you cannot spend it for maintenance; it has to be for development. In the community survey,parks and trails were the top two items. When neighborhood parks are done, it brings people out and is a good community builder. d. Fairhill Development 43-Acre Community Park Initial Development Timeline Staff suggested in the next couple years to grade and seed the park area. It could be left open for green space and used for soccer or LaCrosse practice. Currently someone is farming the area and staff will need to look into charging rent for the land. 18 Council Workshop Minutes April 9,2012 Page 4 City Administrator Update Mayor Larson, Councilmember May, City Administrator McKnight, and Parks and Recreation Director Distad met with the Minnesota Municipal Beverage Association to perform an analysis of the City's liquor operations. The report will be received soon. It will be brought to Council the first meeting in May. The lease for the downtown store expires in August. City Administrator McKnight asked if we want to extend the lease by six months. Councilmember May stated we discussed giving the landlord a number and if he does not accept it,then it doesn't work. We need a$20,000 reduction to break even. At the current lease rate we lose money. Council agreed with stars approach to go to the landlord with a number for the lease rate. MOTION by Fogarty, second by Bartholomay to adjourn at 8:22 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 19 , Milf �, City of Farmington '� 430 Third Street If Farmington,Minnesota `�A,'�1�o`s 651.280.6800•Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor,Council Members,City Administrator FROM: Ken Lewis,Building Official SUBJECT: First Quarter 2012 New Construction Report and Population Estimate DATE: April 16,2012 INTRODUCTION The following report summarizes the new construction permits issued during the first quarter of 2012, the year-end building permit totals,and the year-end population estimate. DISCUSSION First Quarter Building Permit Information: During the first quarter of the 2012 building construction season (January 1St through March 31$`), the City issued 14 new single-family detached housing permits and 0 new multi- family permits, for a total of 14 new first quarter housing permits. Construction valuation for single-family homes totaled$2,744,500. The average building valuation of the single-family homes during the first quarter of 2012 was $196,036,down from $211,167 during the fourth quarter of 2011.(Note that the valuation averages do not represent the average sale price or, average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula). Year-End Population Estimate: At the beginning of 2003,City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population,a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit(i.e.,the time required to construct,market and sell the home). Accordingly, staff started with the City population as of April 1, 2000(as determined by the U.S. Census Bureau)and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s is multiplied by 2.95, which was (according to the 2010 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 20 ti 21,086 2010 Census population estimate + 472 = 160 certificates of occupancies issued from the period 4/1/10 to 12/31/11 X 2.95 21,558 Estimated population as of December 31,2011 + 27 =9 certificates of occupancies issued from the period 1/1/12 to 3/31/12 X 2.95 21,585 Estimated population as of March 31,2012 ACTION REQUIRED • This item is informational in nature.No action is required Respectfully Submitted, 04u/el& Ken Lewis Building Official • 21 0 7 - dc - 00000 00. - -0.- . O NO M - 000 00 000.-v- 00000 00000 0 0 p za - co C - 0 7!0 02 00000 O 0 0.- 00000 0 0 0 0 0 00000 O O O O O 00000 O O m . . Z a - T-a 'R3 m - - E -0 0 d'. W 00,,-VW 0 00r - O NN.-10 00000 - 00000 0. . ON 0 0 z 0__ - - 0 -. c - m l'a 0 a Z - U)CO U)O)U) U)U)N4- 010 NUOU) O M� - � N N� V W r hN N UM 0 W M V M N VUM N - 1� M N -. O �CO M. P U) XD ' - - - F _ _ l)) - ' O. 0 z S _ CI c c _ D am' ,_ 00000 00000 0000000000 00000 _00000 00000 . 0 0 o _ - - Z= _ w - co0,=-- M W N O)-: cOOt� U"/"="1.M - 01.-VC"- - W Uf N - m E �"°0 W N V'co_ W CO ' NN 1s Nco 00000 - 00000 O W NOm,--O O C __ C - D X m a 00000 00000_- 00000 0a00v_ 00000 00000 00000 0 0 o = 0 z - -- _ m C LL 11)P cOS c0NW 0W U) fs N 0 co -, .-3 V•F- N10100)10- NOf NN ` V' CO .-NN V P MMNN� -N NM N r.-W W CO - W.- N MN.- .-O - —1- - s- ) P a) m ,T-. Z - 10 - o o - H o 0 b - b H b F- F- F- r F. r r l- Q 2 Cl Cl r 8 co 8 W a 0-._ a v N m TA C.E 0 P oEI 151213.S8 -a E M0 Va ESo a ESO N a ESO N a ETO Cl NMS)N VM VN NV N NMV N s-NM V N -NM VN .-NM V'N .- NM V'N N CO I.- W 0) 0 .- N O O m O O m O m O m O m O _ N N CO N CO N Q N W N 03- N 'm"' N @ 0 0 0 0 0 -- 0 0 m o 0 0 0 of o 0 } I-- F- 1--- F- 1-= 1- F- 22 Monthly permits ea m O O O O O o m 1 '0 CD(D N N "O (D Q. 0 0 O 5- CD cn \\\\\\\\\\\\\\\\\\\\ O c 3 N m v O ;;;Milliigrimum 0 Z 0 p \ co n N N N N N O 0 0 0 0 O O N -• O (0 W 23 Accumulated Total Permits O O O O O O O O O O O CD O O O C_ n a r : a1 6', -n . . g, Cr a a a ti • •• RD - '. --, • 4.< •• = a • •• `— •• ' (D C — • \ '1 D `° •. 3 n o ••• 3 c 'O • C co C— `a. 0 m CD ...<� ` \ - m a X H co -- \ ti \ (Q I N • 4 O a \ (D • 73 \ • • • • • o • n - - •• ` • • • , • • a • • 2 • o -- \ , • G • • • • a 0 • . cn n ' I I I Ir a N N N N N O O O O O —a —a. O O NJ — O (0 CO 24 Monthly Inspections 01 lc N W W -P .A Ui O O 0 0 0 0 O 0 O O O \\\\\\\\\\\\\\\\\\\\I I i I CD cr 11111111111111111111 D \\ N =Milli 0 m - ---- ) 11.11 0 C cn \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\� 0 0 Z 0 a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ • • I9 • N N N N N O O O O O 25 Total Inspections -.L N N CO W P O O O O O O O O O L O O O O O O O O O O 4 •'71 CD 0* �` t •\a• •.a K • a l. ea • • r, • D • • a • \ • 1 • • • \ • • • O \ \ `• • • ♦• w A • ` • / 0 L • 0 • \ • = C 3 (D • • = N O • a1 N 'O I 0. c0 S • ` • —I N L a • 0 O a • \ • V m CD • ., C • v • • 0 m • 1 • = ti• CO - \ r N O w • • (I' • ` • • • lD •a \ -a , \ • \ • • \ • O • n - • \ 1 • • •• • • I `• • z I • Q - I \ • • • I \ • I O ` • C) I. 1 1 I . 1 I1 1 0 0 0 0 0 N -x O (D 01 26 Plans Reviewed 0 01 O U; N W W l O 13P 1 01 c_ \\\\\\\\\\\`=MINIM m v \\\\\\\. CD Cr 0, > \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ v 0 ca \\\\\\\\\\\\\\\\\\\\\\\\�\\\\\\\\\\\\\\\\ cQ (I) (n \\\\\\\\\\\\\\\\\\\\\ CD -a 0 1111 0 Z \\\\\\\\\\\\\\\\\\\\\\\\ 0 a \\\\\\\\\\\\\\\\\\\\\%.■ \\\\\\ (D 0 L ® • ® • N N N N N O O O O O —� 1 O— O O — CD 00 27 Plans Reviewed " - N N Ca W P Ch O Cr O 01 O 01 O O O O O O O O O O N . i 1 . e CT • • t\ • . � -, • • .\ • • D •\ • - • • •_ \ • • • • • \ • • D \ • m • • = c 73 13 13 M o • � • CD 0 • < cc \ , • N < r-' I • �. cn • • 1 • CD -- , 1 • • l • 1 • o- 1 • • 1 • • 1 • < \ • • 0 , CD 0 I I 1 1 1 I 1 1 N N N N N 0 0 0 0 0 N O CD 03 28 7a, 4.__zIkRiatt City of Farmington �' 430 Third Street s ; L; ' Farmington.Minnesota �,6 - .4 65L280.6800•Fax 651.2130.6#399 www.d.fanniagtoann.us TO: Mayor, Councilmembers, City Administrator FROM: Jennifer Dullum, Natural Resource Specialist SUBJECT: Local Storm Water Model Update—Extension DATE: April 16, 2012 INTRODUCTION/DISCUSSION At the April 4,2011 City Council meeting, Council approved funding assistance(50%cost share)from the Vermillion River Watershed Joint Powers Organization(VRWJPO)to begin development of a storm water management model consistent with the VRWJPO's existing conditions model. A Joint Powers Agreement was entered into with the VRWJPO and the City of Lakeville to complete this modeling update. Because the final report has not yet been completed,both Farmington and Lakeville requested an extension from the Vermillion River Joint Powers Board(Board). On March 22, 2012,the Board approved an extension to the Joint Powers Agreement to December 31, 2012 for finalization of the report based on comments received. BUDGET IMPACT There is no cost associated with this extension. ACTION REQUESTED Approve the attached amendment for extension of the Joint Powers Agreement with the Vermillion River Watershed and the City of Lakeville. Respectfully Submitted, Jennifer Dullum Natural Resource Specialist 29 Dakota County Contract#C0020417 FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITIES OF FARMINGTON AND LAKEVILLE FOR COST SHARE RELATED TO UPDATE OF LOCAL STORM WATER MODELS WHEREAS, effective April 19, 2011, the Vermillion River Watershed Joint Powers Organization (VRWJPO)and the Cities of Farmington and Lakeville(Cities)entered into a cost share joint powers agreement related to the update of the Cities' respective stormwater management models (Agreement); and WHEREAS,the parties desire to amend the Agreement to extend the term of the Agreement; and WHEREAS,the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties. NOW,THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. To amend Article 3, Term, to extend the effective date to December 31, 2012, or until completion by the parties of their respective obligations under the Agreement,whichever occurs first, unless earlier terminated by law or according to the provisions of the Agreement. 2. Notwithstanding the date of the signatures below, the effective date of this Amendment is December 31, 2011. 3. All other terms of the Agreement between the VRWJPO and the Cities shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Agreement. 4. In any case where this Amendment conflicts with the earlier Agreement, this Amendment shall govern. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF FARMINGTON CITY OF LAKEVILLE Todd Larson, Mayor Mark Bellows, Mayor of Signature,_z, f 2 ,, e0/c, Date of Signature 1 2 / I _. ATTEST: ATTEST: City Clerk ,, City Clerk Date of Signature: s /71 ,-zo/a Date of Signature: 7 L APPROVED AS TO FORM: VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION �""6 3)-1-(0/-1-0 I As istant Dakot Co my Attorney/Date VRW Res. No. 12-17 Joseph A. Harris, Chair K-11-66.001 Date of Signature 71 PiR.4, City + f Farmington ilk;. =3(l Third Street b ' . , -= ,, 1? Farmington,Minnesota ''+ 651.2RI1.6800•Fax 651.280.6899 "°" wtawci.fenningtun.nm.as TO: Mayor,Councilmembers,and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation to the Rambling River Center Renovation Project DATE: April 16,2012 INTRODUCTION A recent donation of$691.00 has been made by Happy Harry's Furniture to the Rambling River Center. DISCUSSION A donation of$691.00 was received from a donation's program that Happy Harry's Furniture established in December 2011. The program was initiated to allow customers who purchase furniture from Happy Harry's Furniture to designate the Rambling River Center to receive 10%of the sale. It's important to note that the 10%is not designated automatically but the customer must verbalize the Rambling River Center's name first in order for 10%of the sale to be donated to the Rambling River Center. This donation's program will continue into the future and periodically it is hoped that money will continue to be received from Happy Harry's Furniture because customers have been mentioning the Rambling River Center's name during their purchase of the furniture. So far this program has netted the Rambling River Center$1,163.65 since the program was implemented in December 2011. Staff will communicate the City's appreciation on behalf of the Council to Happy Harry's Furniture for its generous donation. ACTION REOUESTED Approve the attached resolution accepting the donation of$691.00 from Happy Harry's Furniture. Respectfully Submitted, Randy Distad Parks and Recreation Director 31 RESOLUTION NO. R16-12 ACCEPT DONATION OF$691.00 FROM HAPPY HARRY'S FURNITURE TO THE RAMBLING RIVER CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of April, 2012 at 7:00 p.m. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member May seconded the following: WHEREAS, a donation of$691.00 was received from Happy Harry's Furniture to the Rambling River Center; and, WHEREAS, it is required by State Statute that such donations be formally accepted; and, WHEREAS, it is in the best interest of the City to accept these donations. NOW,THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous $691.00 donation to the Rambling River Center from Happy Harry's Furniture. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April, 2012. Mayor Attested to the J '744 day of April, 2012. City Administrator SEAL 7c. a % City of Farmington 430 Third Street !b ', Farmington,Minnesota 651.280.6800•Fax 651.280.6899 w w'ti6SG1.1 an n1ngt11fl.rn1u1s TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Product Test Agreement with the Toro Company DATE: April 16,2012 BACKGROUND The Toro Company(Toro)assembles new mowing equipment annually and then conducts performance tests at a variety of sites. DISCUSSIONBUDGET IMPACT Toro approached City staff members about allowing the City to use several pieces of Toro's mowing equipment in 2012 during the City's annual mowing/maintenance of parks and right of ways. Toro is willing to provide this equipment at no cost to the City in exchange for the City's parks and right of ways serving as the test sites for the equipment. Toro would benefit from the arrangement because it allows them to monitor and evaluate how the equipment works in the field. Attached is a Product Test Agreement(the Agreement)that identifies the parameters upon which Toro will allow the City to use Toro's equipment while also granting Toro access to monitor and evaluate the equipment as it is used in the daily mowing of parks and right of ways. As a result of approving the Agreement,the value of using Toro's equipment is approximately$5,000 based on the type of equipment being provided and the length of time the City will be allowed to use it. The City Attorney has reviewed the Agreement and has found it to be in an acceptable format. REQUESTED ACTION, Approve by motion the Product Test Agreement with Toro. Respectfully Submitted, Randy Distad Parks and Recreation Director 33 , i ® The Toro Company 100000001ri 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 t Phone 952-888-8801 www.toro.com Fax 952-887-8258 PRODUCT TEST AGREEMENT (Signature Page) PRODUCT TEST AGREEMENT entered into between: TEST SITE City of Farmington Business Name 325 Oak Street Test Site Address Farmington, Mn 55024 City, State, Zip Code And TORO THE TORO COMPANY 8111 Lyndale Avenue South Bloomington, MN 55420 DURATION This agreement 4/15/2012 begins This agreement end 4/14/2013 The "Products" to be tested pursuant to this agreement shall be mutually agreed to by TEST SITE and TORO on a case by case basis. TORO and TEST SITE agree to the SPECIAL TERMS AND CONDITIONS attached as Addendum A and the STANDARD TERMS AND CONDITIONS attached as Addendum B. TORO ..4 TEST SITE idi___ / ,, D.....:3 ../9`14.1_ t-A-- Signature Signature Steven Points DiAv1%) 4 4, kir Name (Please Print) Name (Please Print) Manager, Product Evaluation GT`( ADM1 N t srvzA.1L Title Title /$AP420/2, 14---1 -D rz Date Date Product Test Agreement Page 1 of 4 ADDENDUM A SPECIAL TERMS AND CONDITIONS No SPECIAL TERMS AND CONDITIONS unless specified below. Product Tes agreement Page f 4 ADDENDUM B STANDARD TERMS AND CONDITIONS A. AGENCY The personnel of either party hereto shall not be construed in any way as agents of the other party nor may such personnel accept service of process for the other party. It is understood that TEST SITE shall be serving under this Agreement as an independent company, that the relationship of employer and employee shall not exist between TORO and TEST SITE hereunder,and that the parties shall not be eligible to participate in any benefits extended by the other party to its respective employees. B. SCOPE OF USE OF PRODUCTS TEST SITE personnel shall not use such Products for any purposes other than in the performance of their duties with TEST SITE on such premises which TEST SITE maintains from time to time,nor shall such personnel be permitted to use such Products on the premises of their private residences or those of their friends or relatives. TEST SITE shall limit and restrict the use of all such Products to such premises which it maintains from time to time,unless prior written approval from TORO is obtained. C. TAXES TEST SITE shall pay any taxes assessed or levied on such Products or for work performed while using such Products. D. SECURITY TEST SITE shall make a reasonable effort to ensure continuing security regarding such Products being operated and tested under the terms of this Agreement,and in this regard shall(a)post signs at all entrances to and in the vicinity of the maintenance area made available for TORO equipment and Products clearly stating"Restricted Area,Employees Only",or the equivalent;(b)make every effort to ensure that any proprietary equipment of TORO is moved into such TORO equipment and Product maintenance area when suppliers visit TEST SITE,and to keep them away from such area;and(c)instruct its personnel to exercise care in operating such Products so as to minimize the opportunity for any third party to become aware of the operating characteristics and features of such Products being tested. E. TRADEMARKS.TRADE NAMES AND PATENTS No TORO Product or name shall be altered by TEST SITE,except as required by local safety laws,regulations and interpretations, and with the written approval of TORO,nor shall any trademark,patent number,name plate or other markings thereon be removed or obliterated,nor shall anything be done which would in any way impeach or lessen the validity of such patents and trademarks. No trademark or trade name owned by TORO shall be used,either alone or with any other word or words,as part of TEST SITE'S trade or business name, without the advance written approval of TORO. Upon request by TORO,and in any event upon termination of this agreement,TEST SITE shall discontinue completely any use of TORO's trademarks or trade names for any purpose whatsoever absent a specific written agreement to the contrary. TEST SITE shall prohibit the use of TORO's trademarks and trade names by any other associate business of TEST SITE in the absence of TORO'S advance written approval. F. PROPRIETARY INFORMATION All information developed or received by TEST SITE in the course of providing services under this Agreement shall be the property of TORO. TEST SITE shall maintain such information as confidential and shall not use or disclose it to others. TEST SITE,however,shall not be restricted from using or disclosing information which(a)is or becomes available to the public other than by breach of this Agreement; (b)is in TEST SITE'S possession prior to the time of the disclosure to TEST SITE by TORO and was not acquired,directly or indirectly from TORO;or(c)is made available to TEST SITE by a third party who has the legal right to do so. Upon request,TEST SITE shall return to TORO all documents or things in TEST SITES possession or control which record or reduce such information to tangible form,for example, memoranda,drawings,photographs,electronic records,computer programs,models,samples,etc. If TEST SITE must permit its employees,agents or associates to have access to TORO'S proprietary information to provide services under this Agreement,TEST SITE shall,at the request of TORO,Identify these employees,agents or associates. Such employees,agents,or associates shall be given a copy of this Agreement by TEST SITE and they shall confirm that they agree to the terms and conditions of this Agreement by a document confirming such fact. TEST SITE,however,shall be and remain primarily responsible for the performance of all obligations assumed by such employees,agents,or associates. TORO'S sole remedies under this paragraph shall be termination of this contract or suit for injunction without claim for damages. G. EVIDENCE OF FINANCIAL RESPONSIBILITY TEST SITE shall provide certificates of insurance to The Toro Company evidencing state statutory workers compensation and general liability insurance with minimum coverage of two million dollars for the TEST SITE. The Toro Company shall provide a certificate of insurance providing general liability and products liability insurance with a minimum coverage of one million dollars for the TEST SITE for the period of the contract. Certificates of these insurances shall be sent within 30 days of the signing of this Agreement by both parties. TEST SITE shall send the certificate to:The Toro Company,Attention: Risk Management Department,8111 Lyndale Avenue South,Minneapolis,Minnesota,55420. TEST SITE shall keep all such insurance coverage in force throughout the duration of this Agreement. Product Teal,Agreement Page qf 4 H. AMENDMENT This Agreement may be amended only in writing signed by the parties hereto. SUCCESSORS This Agreement shall be binding upon and inure to the benefit of the parties hereto,their subsidiaries and divisions,whether wholly owned or otherwise,and their respective personal representatives,successors,and assigns. J. RENEWAL This Agreement may be renewed for successive one-year terms by mutual agreement of the parties prior to the expiration of the period already under this Agreement,and such renewal shall be documented by a written,duly executed°Renewal of Agreement'to be attached hereto. K. SEVERABILITY In the event any provision of this Agreement is held in any court of competent jurisdiction to be illegal or unenforceable by either party,or is held contrary to the laws of the jurisdiction,such provision shall be severed from this Agreement,and the remainder of this Agreement shall continue in full force and effect L. NOTICE In the event of a lawsuit or claim brought against TEST SITE or its employees for damage which is alleged to have been caused through the use of a TORO product or component,TEST SITE shall provide TORO with written notice of such suit or claim within ten(10) days of TEST SITE'S receipt of notice of such suit. Any notice,payment,or statement required or permitted to be given or served upon either party pursuant to this Agreement shall be officially given or served and sent to such party by first class mail,postage prepaid,addressed to such party at the address identified in the preamble of this Agreement,or at such other address as one party shall designate by written notice given to the other party. M. TERMINATION This Agreement may be terminated by either party by giving written notice of termination to the other party sixty(60)days prior to the date at which such party elects to have such termination become effective.Notwithstanding such notice,any such termination shall not affect the rights or obligations of the parties hereto which accrue prior to the effective date of such termination. N. MERGER This Agreement sets forth the entire Agreement and understanding between the parties as to the subject matter thereof, supersedes any previous agreement,and merges all prior discussions and negotiations between them. No party shall be bound by and provisions or terms other than as are expressly provided in this Agreement,or as duly set forth on or subsequent to the effective date hereof in writing,signed by the party to be bound thereby,or by a proper and duly authorized representative of such party. O. WAIVER OF BREACH Waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. P. APPLICABLE LAW AND INTERPRETATION This Agreement shall be deemed to have been made in the State of Minnesota and shall be construed,interpreted,and applied in accordance with the laws of that State. TEST SITE consents to the jurisdiction of any court of general jurisdiction located within the County of Hennepin,State of Minnesota,with respect to any legal proceedings arising out of or related to this Agreement,and agrees that a mailing to its last known address by registered or certified mail of any process shall constitute lawful and valid service of process in any such proceeding,suit,or controversy. TEST SITE shall bring any legal proceeding arising out of or related to this Agreement only in the federal or state courts located in the County of Dakota and State of Minnesota. In the event TEST SITE institutes any legal proceedings in any other court,it shall assume all of TORO'S costs in connection therewith,including reasonable attorney's fees. The provisions of this paragraph shall survive the termination of this Agreement and shall be binding upon TEST SITE'S officers and directors. Q. PRODUCT TITLE TORO shall retain title to the Products provided to TEST SITE for testing pursuant to this Agreement TEST SITE shall take reasonable care to avoid damage to Products beyond normal wear and tear,and TEST SITE shall return the equipment to TORO following the prescribed test(s),unless advised otherwise by TORO on a case by case basis. Product Tes Ogreement Page f of 4 7.c j�� Cit of Farmington , X30 Third Strcct ! l�armington,Minnesota 651,280.6S00•Fax 651.280,6899 mos www.cifannington.nin.us TO: Mayor, Council Members, and City Administrator FROM: Todd Reiten, Director of Municipal Services SUBJECT: Hydrant Flushing DATE: April 16,2012 Introduction The City of Farmington's Municipal Services will be flushing hydrants during the weeks of: • April 16th—April 20th(Hydrants north of Hwy 50 and west of railroad tracks) • April 231.d—April 27th(Hydrants in the remaining areas, downtown and east of tracks) Flushing Operation Hydrant flushing is done twice a year in the spring and fall. Hydrant flushing is done to check fire hydrants and flush out any accumulated rust. Rusty water is expected during the flushing process. To avoid getting rust on clothing residents should avoid doing laundry during hydrant flushing dates. If laundry stains occur,keep the discolored items damp and pick-up a bottle of rust remover at the City Hall or Maintenance Facility. A map outlining the tentative schedule is available on the City's website. Action Rea nested This memo is for information only and meant for possible calls the Mayor or City Council may receive during the hydrant flushing procedure. Respectfully submitted, Todd Reiten, Director of Municipal Services 38 Hydrant Flushing Map Hydrants north of Highway 50 and west of the railroad tracks will be flushed April 16-April 20. Hydrants in the remaining areas will he flushed April 23-April 27. APRIL 16-20,2012 WEEK 1 MONDAY ,1,.v,/Ma / TUESDAY I / WEDNESDAY --1I ,,...� prIVIA- am, �.� THURSDAY --—• \' FRIDAY a IN APRIL 23-27,2012 �' ! ,-. WEEK 2 ! I N �•I MONDAY .1 _... .. R , ���0 TUESDAY —� 7 •r \ . WEDNESDAY 1 �a a � i� C..a THURSDAY „,„„,„0.L _ ,.4t1 1 IN slncLi i) _ __..„.„ . . ‘ 1 1, Y. . _ 1 . . „ ,) ‘....7. im.:1,,zo , mr,171. 1..,, ::• r , 1 ,_ . :- vist. 1. ,f. .., c___ Ea. 7,., is, IF HL.L...Jup _1 1 , if. . i .' 11--- `--1_ 1-11-1 iliLiii' Lk i Y aY 7,31 1 g ‘ ?.:, ix ,.._11')------'---.....,_. .., it ik,,-,---/ . ;k,,,,,_ t ,____" .:, - , ..... , la ,-.7 oB - ' ° :40 f 6 , /// pip --L C ...-/ r I JI I BE2 :. 90 I■ ••• .� " 1.= ;am8B88t3 ti... an yag IHi�-gym Rill_— lllllI IlIq tr 11 - .R,�....do MO .,M, :. Im�gLU U HYD FLUSHING MAP �,. . :fall ti. y -1:,1 3 R 5�,00 2 3000 CITY OF FARMINGTON SCALE STREET MAP CURRENT AS OF 12.2-11 39 2 J a# City of Farmington itr 430 Third Street • Farmington,Minnesota 651,280.6800•Fax 65L280,6899 wwwci.iarmingt m.n mus TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Liquor License Amendment—Big Sombrero Mexican Restaurant DATE: April 16,2012 INTRODUCTION/DISCUSSION Pursuant to City Ordinance 3-12-14,any enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the liquor license. The Big Sombrero Mexican Restaurant currently holds an On-Sale Liquor License for 2012. They are requesting an amendment to their license to include the fenced area in front of their building at 953 South 8th Street. Alcohol and food will be served in this area during regular business hours. Construction is completed and upon approval,tables will be ordered and the area will be open in the next couple months. BUDGET IMPACT No fee has been established for this type of license amendment. Staff has reviewed the area and no further staff work is needed. ACTION REQUESTED Approve the request from the Big Sombrero Mexican Restaurant to amend their On-Sale Liquor License to include the fenced area in front of 953 South 8th Street. Respectfully submitted, Cynthia Muller Executive Assistant 40 !� % City of Farmington ,y 430 Third Street Farmington,Minnesota A 651.2R0.6R00•Fax 651.280.6899 www.d.tanningt4rn.rniLL1v TO: Mayor, Councilmembers and City Administrator FROM: Brian Lindquist Police Chief SUBJECT: Resolution to Adopt the All Hazard Mitigation Planning Process DATE: April 16,2012 INTRODUCTION/DISCUSSION The Disaster Mitigation Act of 2000 requires counties and cities to prepare All-Hazards Mitigation Plans every five years. Plans must address potential natural and manmade hazards and develop mitigation strategies to reduce the impacts of hazard events both in dollars and lives saved. Counties and cities must have an approved and adopted plan to be eligible for both federal disaster relief and mitigation project grant dollars. The first All Hazards Mitigation Plan was approved by the Minnesota Department of Homeland Security and Emergency Management (HSEM) and the Federal Emergency Management Agency(FEMA) in 2006. Since early 2010, City staff has been working with Dakota County to coordinate the required 5-year update to the All Hazards Mitigation Plan. The City has participated in the planning process and developed its own mitigation strategies as part of the multi-jurisdictional plan. The draft All Hazards Mitigation Plan has been submitted to both HSEM for initial review and comment. County staff received HSEM'comments and incorporated them into the Plan. No public comments were received after posting the Plan on the County's website. No public hearing is required under the federal guidance documents. This final draft of the Plan was then submitted to HSEM and FEMA for final review. The County received notification of approval of the Plan pending adoption from HSEM and FEMA on December 29, 2011. FEMA commented that it is an excellent Plan, easy to use, strongly organized and well-illustrated. All participating communities must adopt the approved plan within one year of HSEM and FEMA approval. BUDGET IMPACT There are no projected costs. 41 ACTION REOUESTED Staff is recommending that the City Council adopt the 2011 update to the All Hazard Mitigation Plan and authorize submittal of the resolution of adoption to Dakota County for submission to HSEM. Respectfully submitted, Brian Lindquist Chief of Police 42 CITY OF FARMINGTON RESOLUTION NO. R17-12 RESOLUTION TO ADOPT THE DAKOTA COUNTY ALL HAZARD MITIGATION PLAN 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 16th day of April 2012 at 7:00 p.m. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member May seconded the following: WHEREAS, the County of Dakota coordinated preparation of an initial multi jurisdiction all- hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, Dakota County and cities within the County participated in drafting the initial plan which was approved and adopted in 2006; and WHEREAS, federal law requires the plan be updated every five years, and WHEREAS,the Act requires public involvement and local coordination among local units of government as part of the planning process; and WHEREAS, the plan must include descriptions of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, and estimates of structures at risk; and WHEREAS,the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs, in addition to a maintenance or implementation process including plan updates, integration of the plan into other planning documents, and public education components; and WHEREAS, approval of the all hazard mitigation plan update will continue the County's and participating community's eligibility to receive federal disaster relief and mitigation program project grants; and WHEREAS, Dakota County and participating communities have one year to adopt the Plan once the Plan is approved by FEMA; and WHEREAS, HSEM and FEMA have approved the Plan pending adoption. WHEREAS,the City of Farmington participated in the planning process to update the plan and developed mitigation strategies that are included in the plan. NOW THEREFORE, BE IT RESOLVED, that the City of Farmington hereby adopts the Dakota County All Hazard Mitigation Plan that has been approved pending adoption by HSEM and FEMA and authorizes submittal of the resolution of adoption to Dakota County for submission to HSEM. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April 2012. Mayor Attested to the A day of April 2012. U.C. c. ,' / ity Administrat r SEAL 2 ° .J�AR City of Farmington , 430 Third Street ! Farmingt�oa,Minnesota ' 651.2 t1. S00 Fax (SI 280.fifi 4 wtis•�a:ci.tarmingxtin1.mn.u.K TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director RE: Approve Arena Use Agreement DATE: April 16,2012 BACKGROUND The Great American Circus is planning on holding a circus on Saturday April 21, 2012 at Schmitz-Maki Arena(Arena). DISCUSSION/BUDGET IMPACT The City has in the past rented the Arena to different circus companies. Great American Circus is interested in renting the Arena on Saturday,April 21, 2012, in order to offer its circus to Farmington and surrounding area residents. Attached is an Arena Use Agreement allowing Great American Circus to rent the Arena for $533.63 on Saturday,April 21,2012. The rental fee being charged is in accordance with the City's approved 2012 Fee Ordinance. The City Attorney has reviewed the Use Agreement and has found it to be acceptable. REOUESTED ACTION Approve by motion the attached Arena Use Agreement with Great American Circus. Respectfully Submitted, Randy Distad Parks and Recreation Director 45 iiviik PARljyf City of Farmington 430 3rd street, Farmington, MN 55024 (651) 280-6800 * �''-�'"~y www.d.farmington.mn.us 40,. 411111:00 General Building Use Agreement An agreement made this day of April,2012, between the City of Farmington(Lessor)and Great American Circus(Lessee) for the purpose of reserving and paying for the use of facilities in the Schmitz-Maki Arena to hold a circus on Saturday,April 21,2012. The Lessor agrees to lease the Schmitz-Maki Arena to the Lessee subject to the conditions, rules, regulations and policies set forth by the City of Farmington. The time of possession shall be 8:00 a.m. until 12:00 p.m. on Saturday,April 21, 2012 The fees and consideration to be paid by the lessee shall be $533.63 The Lessee before taking possession of said premises, shall be covered by a policy of insurance indemnifying the Lessor of liability according to specifications of the insurance company of the City of Farmington which shall meet the approval of the City Attorney. No intoxicating beverages shall be served on the premises without the written consent of the City Administrator and subject to the limitations of the Lessors insurance coverage and City of Farmington. The Lessor shall furnish space and service at the Schmitz-Maki Arena as follows: ice rink concrete floor,changing rooms and the grounds to the east of the Schmitz-Maki Arena The Lessor grants the Lessee all concession rights prior to and during the circus performance. 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L.T. li 4z d a S rn ca CO m CO v) w ' 0 > e!) 1 O 2 m U c ° U v CC > a j City of Farmington ; X30 Third Strcct Farmington,Minncsota 651.2R0.6R00•Fax 651.280,6899 ww ci.tarmington.nm.us TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Accept Rambling River Center Improvement Project Fundraising Ceremonial Check DATE: April 16,2012 BACKGROUND The Rambling River Center Advisory Board and the Rambling River Center membership pledged in 2009 to raise$90,000 towards the cost to renovate the former City Hall building at 325 Oak Street into the new Rambling River Center building. DISCUSSION Since 2009,the Rambling River Center Advisory Board and City staff members have been working hard to raise$90,000. Advisory Board and Rambling River Center staff members strongly believed from the very beginning that this fundraising goal could be achieved within the five year time frame that was identified. Rambling River Center Advisory Board members involved since 2009 included current Advisory Board members Charlie Weber,Beve Preece, Sarah Miller,Marilyn Briesacher,Gil Anderson,Kim Lomas and Fred Schmidtke and previous Advisory Board members Lanny Drill,Nancy Anderson and Alan Koss. Of course the success of the fundraising would not have been possible if it were not for the Fundraising Committee(the Committee)members. The initial Committee included the following Rambling River Center members:Blanche Reichert,Marilyn Briesacher,Charlie Weber,Joanne Weber and Sarah Miller. City Administrator David McKnight was also part of the original Committee. Dorothy Schmidtke in the past year joined the Committee to help plan fundraising events.The Committee provided many volunteer hours not only to plan fundraising events,but also to help at the events. The Committee laid out an aggressive list of fundraising events from 2009-2011.During this time 39 different fundraising events were held. Some examples of the fundraising events included: • Fashion Shows • Waffle Breakfast • Garage Sales • Bike Auction • Kiss the Pig • Steak Fries(with the help of the Farmington VFW) • Omelet Breakfasts(with the help of the Farmington American Legion) Additionally many private donations were made by members and the community. In all,the total number of different individual or family donations received was 148. Donations received ranged from a few dollars to several hundred dollars. 69 Room Naming Rights was the fmal piece that played a big part of completing the fundraising puzzle.The following organizations and/or families stepped forward to purchase room naming rights resulting in $33,500 being pledged: • Empire Township • McKnight Family • Jerry Ristow • Steve and Andrea Wilson • Fred and Dorothy Schmidtke • Charlie and Joanne Weber • Anchor Bank • Nicolai Family • Rotary Club of Farmington To date$28,000 has been collected of the amount pledged with the remaining$5,500 to be paid in 2013 and 2014. Tonight we are proud to announce that the commitment of raising$90,000 has actually been exceeded not only in the amount raised,but also in the time it took to raise it. The fundraising amount collected monthly is shown on an attached spreadsheet shown as Exhibit A.The monthly accounting of the donations,fundraising and room naming rights collected from January 2009 through the end of February 2012 shows that at the end of February 2012,$93,356.01 has been collected in hand. It's important to note that the fundraising commitment has been met 2 years and 8 months ahead of schedule,which makes a powerful statement about the commitment and energy that the people involved in the fundraising efforts have shown. As a symbolic sign of meeting the fundraising commitment of$90,000 made back in 2009,the Rambling River Center Advisory Board members and Fundraising Committee members would like to present the City Council with a ceremonial check in the amount of$90,000,which signifies that the fundraising commitment has been met. Finally special recognition for this outstanding effort is reserved for several staff members. Senior Center Coordinator Missie Kohlbeck from the beginning had the drive and desire to organize and continue to work with the Fundraising Committee to make it possible to achieve the fundraising goal.Much of the planning of fundraising events became Missie's responsibility.Never once did Missie waiver from achieving this goal. Missie gave up countless weekends to help at fundraising events. Working at the fundraising events caused Missie to spend time away from her family. Another staff member deserving recognition is Cindy McMillen who assisted whenever and wherever she could. She assisted with the planning of many of the fundraising events. Cindy gave up countless weekends to help at fundraising events.Working at the fundraising events also caused Cindy to spend time away from her family. Perhaps it is the selfless sacrifice that both of these individuals gave to this fundraising process that makes the loudest statement about their commitment to the Rambling River Center's members and programs. The City is truly blessed to have such dedicated and committed staff working at the Rambling River Center. REOUESTED ACTION Accept the ceremonial check signifying that the fundraising commitment of$90,000 for the Rambling River Center's Improvement Project has been met. Respectfully Submitted, Randy Distad Parks and Recreation Director 70 O d' r1N O r r 0 a— r in 'N- 01 F� 61,N H .— - 0) 000 O 100409 '- It)) 0 9 000 7 c0 t0 ty CD rr Oa F- I- 0 h I- C R 0 v- 0 0 10 1A o) o rn a) o Q 0 0 0 r ccC co 7 ti O O O N Cl, Z r r Z Z c 0f O M p 1(0) 1U r c0 tel 9 CO (00 O O d=d' O N N" 0) O 10 in O 0 0 r O O CD• 0. ov_a m LC) m Sr§ '0 0 o) N N N CO EL p) Oi n O co t~0 r 000 C 9 0 0 0 r r 0 0 N01 1A c1 t3 of s � `� r r T r c- r t� 0 0 o co 0 CO 0 Q t7 �. Q rN 0 O0 r do0 d-Lo.S . 0 0 = � r I, '" N 4) ti ' th c'9 -) o r C d 0) o0 00f p ti r '4'. t1: V ONN C Op CO r 'ci' tF 7 MM -3 %-� <-t- r- 000 OO 4) T- 0 N- ee 0 0 co O r. r r 0 0 O•C 9 o o O '7 c0 CO r O O ems. c0 N ..... 0 00 cn W � P OM 2 2 , r 2 ~ 0) al 0 0 0 0 0 0 0 O Coo 00 th N Q �q. 0 0 ` �} et W NI 7 Q Q NI� .2. NN N100 C 0) O O O 0 O O r o O C09 M s- 0 9 Ct I- OOO •Z. 000 l,0 0m 0 00' 0 r 2 2 co co 1- 4) 10 N C t0'It0' .- N its 0) 000 0 OO e. "4:cl o ," 9 000 r' 0O 7 NN N CD C m 0 N N m 0) co d eF O = U. U. U. U. c0 tC U. 4)I N N co 0 0 0 p O 0 r 0 o N O O 9 0 0 0 r r '' I� ti a� th el 0 0 W co -2 d. W N N A 0 0 N 0 ts "9 -, c7 M "9 r "9 r d0' 01 m 0 0 0 7 3 7 C C C C Et re re C y O 1— 1— 1— CN W Q C C C C C c0 p O_ O O O co .0 N N TO C N C C C C 0 L 0 ❑ ❑ ❑ ❑ m K !L' 111 p� 010 eLo I � d � C 7 � 0 7 0 0 IC C 0 C Cl m m C r re re� w O /OA as ARA�,r City of Farmington 430 Third Street Farmington, Minnesota `'ti4,�'r - 4V 651,280.6800•Fax 651?80.6899 �•'�° www:ci.larrnington.rnn.L1s TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Adopt Resolution Approve Re-Allocation of Fundraising and Donation Revenue to Future Rambling River Center Building and Grounds Improvements DATE: April 16,2012 BACKGROUND The Rambling River Center has fulfilled its commitment to raise$90,000 for the Rambling River Center Improvement Project(Improvement Project). DISCUSSION The Rambling River Center Advisory Board(Advisory Board)at its April 9,2012,meeting was informed that the$90,000 that was to be raised for improvements to the Rambling River Center was exceeded by $3,356.01 and therefore the commitment made to raise$90,000 in 2009 had been met. Discussion ensued about what to do with the excess funds raised beyond the$90,000 and also any future funds raised through donations and fundraising events.There was some discussion about utilizing the fundraised money to cover either operational costs or capital improvement costs. Overwhelmingly there was a feeling that if any fundraised money was used to cover operating costs that it would be difficult to fundraise because it would be difficult to get anyone to donate for operating costs. At the same time there was an overwhelming feeling that if fundraising were to continue and it would be used for capital improvements to either the building or grounds that people would more likely donate to a specific improvement project due to being able to see tangible results from their donation.As part of this discussion it was further stated that in the past when the Rambling River Center was located at 431 Third Street,money that came from fundraising and donations was used to make improvements to the building. The Advisory Board stated they are interested in resuming this practice now that the Improvement Project fundraising has been completed. The Advisory Board members then unanimously approved a recommendation to the Parks and Recreation Advisory Commission(PRAC)that stated that the excess fundraising money of$3,356.01 be reallocated to building improvements along with any other future fundraising or donated money be used for the same purpose and that this money would be placed in a fund that would allow it to be carried from year to year so it is not lost at the end of each year. The Advisory Board identified several capital improvements that should be made to the building that were not addressed during the improvement project due to budget constraints. The following improvements were identified in a prioritized order: 1. Remove and replace the Oak Street building entrance steel railing and concrete walkway to the entrance and concrete apron to the garage due to the metal railing beginning to rust through and concrete walkway and apron to garage both starting to crack and break apart causing considerable safety concerns(estimated cost is$15,000) 2. Sound absorption panels in the banquet room in order to improve acoustics(estimated cost just under$6,000) 3. Improve flooring in arts and crafts room(estimated cost depends on the type of flooring to be installed) 72 4. Purchase and install new cabinets in coffee nook area(estimated cost is$1,500) PRAC members then took up at its April 11,2012,meeting the recommendation from the Advisory Board. PRAC members agreed with Advisory Board members and unanimously are forwarding the same recommendation to the City Council for consideration. BUDGET IMPACT, Given the estimated amounts of building improvements and the willingness by the Advisory Board to raise money for these improvements and other additional future identified improvements,it will mean that no tax dollars will have to be spent on these identified future capital improvements at the Rambling River Center. REQUESTED ACTION Adopt the attached resolution that allows the excess fund raising money of$3,356.01 plus any future fundraising or donated money to be placed into an account allowing it to be used for future building improvements and allowing the balance to be carried forward each year if it is not spent. Respectfully Submitted, Randy Distad Parks and Recreation Director 73 RESOLUTION NO. R- 12 RESOLUTION COMIVIITTING SPECIFIC REVENUE SOURCES IN THE GENERAL FUND 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 16th day of April 2012 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Governmental Accounting Standards Board's (GASB's) Statement#54 definition of fund balance states that the general fund can restrict or commit expenditures for specified purposes other than debt service or capital projects;and, WHEREAS, the General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds;and, WHEREAS, committed funds are amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision-making authority(City Council), and; WHEREAS, commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally, and; WHEREAS, donations in the Rambling River Center are intended to be used for building improvements,and; WHEREAS, Council action is required to formalize the commitment of the specific revenue sources(donations)to specified purposes(building improvements). NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Farmington that effective April 16, 2012, the specific revenue source of Rambling River Center donations in the General fund and the specific purposes for which they are committed are as follows: Fund Specific Revenue Sources Committed/Assigned For General Fund Donations from the Rambling River Building Renovations Center This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April 2012. Mayor Attested to the day of April 2012. City Administrator SEAL 74 /0e, j.10 City of Farmington , 430 Third Street ! l�armington,Minnesota ` 651,280.6800•Fax 651.280,6899 www.d.ranninlgtouniLus TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Agreement with Farmington Youth Hockey Association Allowing a Higher Scheduling Priority of Ice Rental Time at Schmitz-Maki Arena DATE: April 16,2012 BACKGROUND The Farmington Youth Hockey Association(FYHA) is the single largest renter of ice time at Schmitz-Maki Arena(the Arena). DISCUSSION FYHA has approached City staff about being able to have a higher priority in the scheduling of ice rental time at the Arena. Currently scheduling of ice rental time is performed in the following order: • City sponsored programs and events • Farmington High School boys and girls games,practices and tournaments • Tri County Figure Skating Club • Senior Men's Hockey • FYHA Attached is an agreement that City staff members and FYHA have been working on that would allow FYHA to move up and have a higher priority in the scheduling of ice rental time at the Arena resulting in the following change in scheduling order: • City sponsored programs and events • Farmington High School boys and girls games,practices and tournaments • FYHA • Senior Men's Hockey • Tri County Figure Skating Club(TCFSC) In exchange for having a higher priority in scheduling, FYHA has offered$10,000 annually for the next 10 years for a total of$100,000. The agreement provides for$5,000 of the annual contribution to go to the Arena's operating budget and the remaining$5,000 of the annual contribution to be set aside for future improvements to the Arena. 75 It is important to note that as a result of the change in priority scheduling, TCFSC would be moved down to the lowest scheduling priority. City staff members contacted the TCFSC to see if they would be willing to match the offer made by FYHA. The deadline for TCFSC to notify City staff of their willingness to match the FYHA offer was Monday, April 9,2012,but no matching offer was made by the deadline. This will mean that the TCFSC will be scheduled after the four other groups have been scheduled. The Parks and Recreation Advisory Commission reviewed the agreement at its April 11, 2012, meeting and forwarded a recommendation to the City Council to approve the agreement with FYHA. BUDGET IMPACT The annual amount of$10,000 given to the City by FYHA will help with the annual operating budget as well as for future improvements to the Arena. REOUESTED ACTION Approve by motion the agreement with FYHA to allow FYHA to have a higher priority of scheduling ice rental time at the Arena. Respectfully Submitted, Randy Distad Parks and Recreation Director 76 AGREEMENT This Agreement is made this 44.day of 2�u� 2012,by and between the Farmington Youth Hockey Association("the Association") the City of Farmington, a Minnesota municipal corporation (the"City")(collectively referred to as the"Parties"). WHEREAS, the City owns, operates and maintains the Schmitz-Maki Arena(the Arena) in the City of Farmington;and, WHEREAS, the Association currently uses the Arena for practices, games and tournaments;and, WHEREAS, the Parties acknowledge the Association rents the largest amount of ice time from the City than any other rental group;and, AREAS, the Association is interested in paying an annual amount of$10,000 over the next ten(10) years in exchange for having a higher priority in the scheduling of the ice time it rents from the City which is different from what is currently provided by the City to the Association; and, WHEREAS, the City is interested in allowing the Association to pay$10,000 annually for the next 10 years in exchange for allowing the Association a higher scheduling priority from what is currently provided by the City to the Association. NOW,THEREFORE, in consideration of the promises contained herein,the Parties hereby agree as follows: SECTION 1. Terms of Agreement. 1. Except as otherwise specifically provided herein,the Association shall be allowed to have priority in the scheduling of ice rental time but only after the Owner has scheduled its own programs and events and the Farmington High School has scheduled boys and girls varsity and junior varsity practices, games and tournament(s). 2. Beginning with the 2012-2013 season,the Association agrees to make its first payment of $10,000 on or before June 1,2012 and then each subsequent year on or before June 1st, which is prior to the start of scheduling of rental times for the next ice season.The City shall invoice the Association for this amount. 3. The terms of this Agreement do not bind the Parties to the use of any other City-owned facilities. 4. This Agreement shall be in effect from June 1, 2012 through May 31, 2022. 5. Should the City construct a new arena during the dates of this Agreement,the Parties agree the terms of this Agreement shall be carried over to the new Arena and the agreement would continue to expire on May 31,2022. 6. This Agreement covers priority of scheduling rental of ice only during the annual regular ice season of September to March. 7. The Parties agree that 50%of the annual payment($5,000)shall be used for annual • operational expenses and 50%of the annual payment($5,000) shall be placed into a designated fund for future improvements to the Arena and this so called improvement fund shall be encumbered from year to year. 8. The Owner agrees to consult with the Association on any future improvements that are to be made at the Arena when the money given by the Association is used for the improvements. The City shall make the final decision on which improvements the money is spent on. 9. This Agreement is binding to future Board of Directors of the Association during the term of this Agreement. 10.Periodically this Agreement may be reviewed by the Parties if the need arises. SI.. ON 2. Entire Agreeme tt. This Agreement constitutes the entire understanding of the Parties and no terms may be altered in any way except by the written consent of both Parties. This Agreement may not be assigned or conveyed without each Party's written consent. F.rmington Youth I ockey Associatio,i. CITY •F FARMINGTON,a Minnesota Municipal Co; Ft oration ' y: Tom Fir.:nag.:n :r y: Todd Ln o n Its: President Its: Mayor ( tthJj74J {y: David McKn ht Its: City Administrator loaf /149/ City of Farmington (...10. 430 Third Street ,.r" Farmington,Minnesota A �. 651.280.6400 .Fax 651.280.6899 A PTO" TO: Mayor,Councilmembers and City Administrator FROM: Teresa Walters, Finance Director SUBJECT: March Financial Report DATE: April 16,2012 Enclosed is the financial report for the month of March 2012. Below is an explanation for variations from the budget. If you have any questions prior to the meeting,please e-mail me at twalters @ci.farmington.mn.us or call me at 651-280-6880. General Fund Overall General Fund Revenues are at 2.85%of the budget. Tax revenue is not received until June/July. Without taxes, revenues are at 16.37%of the budget. 25%of the year has passed. In comparison, last year at this time, revenues were at 12.8%of the budget(without taxes). Expenditures are at 19.88%of the budget. Last year at this time, expenditures were at 21.93%of the budget. REVENUES - Licenses: License revenue is at 76.76%.Last year at this time we were at 55%of the budget. Animal licenses are payable every two years;they were due this year. - Permits: Permit revenue is at 16%which is approximately$10,000 higher than last year at this time. - Fines are at 18.62%of the budget. This is comparable to last year at this time. - Charges for services: This is seasonal and will increase during the summer months. - Investment Interest: This is at 17.44%. Last year at this time we were at 12.7%. Most of our investments accrue interest;therefore, it is not received(or recorded as revenue)until later in the year. - Franchise fees: These are usually received 2 months following the quarter. We will probably receive our first payment of 2012 in May. EXPENDITURES, Overall expenditures are at 19.88%which are well within budget. Recreation Budget(Included in the General Fund): Rambling River Center: March expenditures exceeded revenues by$7,840. Since the RRC is part of the General fund, it is not expected to cover its costs. Revenues are at 37.6%of the 79 amount budgeted. This is due to membership renewals early in the year. Expenditures are at 20%of the amount budgeted. Per Council request,a detailed list of expenditures is enclosed. Pool: The pool is closed,but had$2,123 in expenditures so far this year. The majority is due to electric, gas, and insurance bills. Special Revenue Funds: The Special Revenue funds are established to account for specific revenue sources(grants)or to finance a specific activity. A plan to eliminate deficits will be discussed during the budget process. The following is a summary of some of the special revenue funds: EDA: March revenues exceeded expenditures by $60. With transfers,this brings the fund balance from a negative$159,708 at the end of January to a negative $122,088 at the end of March. The 2012 budget includes a transfer that will eliminate the deficit by the end of the year. Ice Arena: Ice Arena revenues exceeded expenditures by$3,332, reducing the deficit balance to $223,236 at the end of March. Entermise funds: The Enterprise funds are self supporting and do not need financial assistance from the General fund. Downtown Liquor Store: Revenues exceeded expenditures by$25,053 this month. As you recall,we transfer$70,007 from the liquor stores each year. This equates to $5,834 per month, which is split evenly between the two stores bringing the amount to $2,917 per store. After the $2,917 transfer to the General Fund,the remaining $22,136 is added to the overall liquor store fund balance. Pilot Knob Liquor Store: Revenues exceeded expenditures by$54,477 this month. After the $2,917 transfer to the General Fund, $51,560 is added to the liquor store fund balance. Compared to last year at this time we exceed the total net income in both stores by$67,265. The fund balance includes approximately$340,000 in inventory. Sewer, Solid Waste, Storm Water,Water, and Street Light Utilities are all in line with where they should be at this time. Graph: The graph shows that overall 2012 YTD fund balance slightly($56,273) lower than the 2011 fund balance at this time. 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NI t \ , e . . . q w I m r w co g q N N a q It 2 d § § 2 \ \ \ \ CO / a a O \ a, \ \ � ] ( 3 " e 2 � U- § 2 q Si 1q ID 1 + § ¢ § § § 2 0 a to 8 8 oi 0 CO \10 10 W % 10 a k01 co w = as n m / k § O § ° CO z co q E z § 0 § w co o § } / § j ) z § 3 0 ce u ' 0 0 0 S 0 0 § 2 § § R 0 n 0 0 ) © k k / 2 § e _It /Oe FAR i City of Farmington 430 Third Street,Farmington, MN 55024 (651) 280-6800 Fax(651) 280-6899 www.ci.farmington.mn.us A Paw- TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman,P.E., City Engineer SUBJECT: Adopt Resolution—Riverbend 4th Addition Development Contract DATE: April 16,2012 INTRODUCTION The Development Contract for Riverbend 4th Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Riverbend 4th Addition was approved by the City Council on April 18, 2011. The Riverbend 4th Addition plat has 31 lots. The original plat for Riverbend had 23 lots in this same area. The fees collected with the Riverbend 4th Addition Development Contract maintain the same assessment per lot as the original assessments levied as part of the Riverbend Development Contract. This is consistent with the approach used for Riverbend 2nd Addition and Riverbend 3rd Addition. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement;and 2. the Developer provide the necessary security in accordance with the terms of this Agreement;and 3. the Developer pay the identified development fees, which total $233,437.00 prior to the City signing the development contract;and 4. the Developer record the plat and the deeds for Outlots A, B, C and D,with the County Recorder or Registrar of Titles prior to the City signing the development contract. BUDGET IMPACT None. 89 Riverbend 4th Addition Development Contract April 16,2012 Page 2 of 2 ACTION REOUESTED Adopt the attached resolution approving the execution of the Riverbend 4th Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, Kevin Schorzman, P.E. City Engineer cc: file 90 RESOLUTION NO. R18-12 APPROVE DEVELOPMENT CONTRACT RIVERBEND 4th ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 16th day of April, 2012 at 7:00 P.M. Members present: Larson, Bartholomay,Donnelly, Fogarty, May Members absent: None Member Fogarty introduced and Member Bartholomay seconded the following resolution: WHEREAS, pursuant to Resolution No. R22-11 the City Council approved the Final Plat of Riverbend 4th Addition subject to the following conditions: 1. The Final Plat approval is contingent on the deeding of Outlots A, B, C and D to the City, preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE,BE IT RESOLVED THAT: 1.) The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer pay the identified development fees, in full, that total $233,437.00 prior to the City signing the development contract; and d) the Developer record the plat and the deeds for Outlots A, B, C and D, with the County Recorder or Registrar of Titles prior to the City signing the development contract. and; 2.) The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16t day of April, 2012. Mayor Attested to this /6-44 day of April, 2012. SEAL rty Admirustrato DEVELOPMENT CONTRACT AGREEMENT dated this 16th day of April, 2012,by,between,and among the City of Farmington, a Minnesota municipal corporation(CITY)and Mattamy(Minneapolis)Partnership,a Minnesota general partnership(DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Riverbend 4th Addition (also referred to in this Development Contract[CONTRACT or AGREEMENT] as the PLAT,which was originally platted as Block 1,Lots 1-14;Block 9,Lots 14-15; and Block 10,Lots 1-7 of Riverbend(23 lots). The aforementioned lots have been replatted as Block 1, Lots 1-20; Block 2,Lots 1-8; and Block 3,Lots 1-3 of Riverbend 4`s Addition(31 lots)) The land is situated in the City of Farmington,County of Dakota, State of Minnesota,and is legally described on the attached Exhibit"A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement;and b) the Developer provide the necessary security in accordance with the terms of this Agreement;and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer,subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract,subject to paragraphs 6 and 34G,the plans shall control. The required plans are: Plan A-Final Plat Plan B-Soil Erosion Control and Grading Plans Plan C-Landscape Plan Plan D-Zoning/Development Map Plan E-Wetlands Mitigation as required by the City Plan F-Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas,electrical,cable television,and telephone. The installation of these utilities shall be constructed within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and standard detail plates. Within the plat or land to be platted,the Developer may not construct sewer lines,water lines,streets,utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, 1 92 b) The necessary security has been received by the City, c) The plat has been submitted for recording with the Dakota County Recorder's Office,and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonina/Develonment Man. The Developer shall provide an 8 1/2"x 14"scaled map of the plat and land within 350'of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses;and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System h. Sidewalks and Trails b. Water System(trunk and lateral) i. Erosion Control,Site Grading and Ponding c. Storm Sewer j. Traffic Control Devices d. Streets k. Setting of Lot&Block Monuments e. Concrete Curb and Gutter I. Surveying and Staking f. Street Signs m. Landscaping,Screening,Blvd.Trees g. Street Lights The improvements shall be installed in accordance with Plans A through F,and in accordance with all laws,City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the final plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition,the City may,at the City's discretion and at the Developer's expense,have one or more City inspector(s)and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned,including the City staff,to review the program for the construction work. Within sixty(60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of"As Built"plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development, adjacent to developable lots, must be completed before building permits will be issued. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. §505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 2 93 7. Time of Performance. The Developer shall install all required public utilities, by November 30,2012, in accordance with the requirements set forth in the City's Engineering Guidelines.The Developer may,however,request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement,and written acceptance by the City Engineer,the improvements lying within public easements shall become City property,except for cable TV,electrical,gas,and telephone,without further notice or action. ()Idiots A, B, C and D of Riverbend 4th Addition shall be deeded to the City at the time of signing this Development Contract. Dakota County requires that properties being transferred to public ownership be transferred prior to June lay in order for that property to receive tax-exempt status for the following year. If the outlots are deeded to the City after June l's,and as a result taxes are owed on the property in the subsequent year,the Developer shall reimburse the City for the cost of the taxes. 9. Warranty.The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by the City Engineer in writing. It is the responsibility of the Developer to request,in writing,City acceptance of the streets. Failure of the Developer to request acceptance of the streets in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive,of good quality,and disease free for twelve(12)months after the security for the trees is released. Any replacements shall be warranted for twelve(12)months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent(10%)of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed,whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Grading Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded,but before any utility construction is commenced or building permits are issued,the erosion control plan,Plan B,shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City,the City may take 3 94 such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty(30)days,the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. 12. Landscaping. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners,etc. B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with 1)a height that exceeds four feet or 2)a combination of tiers that exceed four feet or 3)a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one(1)phase in accordance with Plans A—F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement,this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted,or official controls,shall apply to or affect the use,development density,lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Management Fee. The Developer shall pay an area storm water management charge of$ 124,831 for the plat. 16. Wetland Conservation and Mitigation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charge. The Developer shall pay a water main trunk area charge of$42,535 for the plat. 4 95 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$18,600 for the plat. 19. Sanitary Sewer Trunk Area Charge. The Developer shall pay a sanitary sewer trunk area charge of$40,090 for the plat 20. Park Development Fee. The Developer shall pay a Park Development Fee of$7,381 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. 21. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 22. License. The Developer hereby grants the City,its agents,employees,officers and contractors,a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 26. Clean U . The Developer shall weekly,or more often if required by the City Engineer,clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush,vegetation,trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited,except for fire training only. The City has a contract for street cleaning services.The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 27. Security. To guarantee compliance with the terms of this Agreement,payment of real estate taxes including interest and penalties,payment of special assessments,payment of the costs of all public improvements in the plat and construction of all public improvements in the plat,the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator,from a bank(security)for$729,000. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form(Attachment"C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Erosion Control $21,200 Monuments $7,800 Sanitary Sewer $160,000 St.Lights/Signs $1,500 Water Main $146,600 Landscaping $20,100 Storm Sewer $84,400 Wetland Mitigation N/A Street Construction $287,400 This breakdown is for historical reference;it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications,and terms of this Agreement,and that all financial obligations to the City,subcontractors,or other persons have been satisfied,the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent(90%)of the financial obligations that have been satisfied.Ten percent(10%)of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed,all financial obligations to the City satisfied,the required"as built"plans have been received by the City,a warranty security is provided,and the public improvements are accepted by the City Council. 28. Responsibility for Costs. 5 • 96 A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat,including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat,the preparation of this Agreement,and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs,damages or expenses which the City may pay or incur in consequence of such claims,including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract,that the sums due them have not been paid,and the laborers,materialmen,or others are seeking payment from the City,the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,Minnesota Rules of Civil Procedure for the District Courts,to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge,and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court,except that the Court shall retain jurisdiction to determine attorneys'fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty(30)days after receipt. If the bills are not paid on time,the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty(30) days shall accrue interest at the rate of five percent(5%)per annum. If the bills are not paid within sixty(60)days,the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris,thereby preventing it from being blown off site,except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Wetland Buffer and Natural Area Signs. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits;and Wetland Buffer,Natural Area,and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 32. Existing Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps,brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder,the City may, at its option,perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement,is first given written notice of the work in default,not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work,the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties,their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder 6 97 shall continue in full force and effect even if the Developer sells one or more lots,the entire plat,or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms.of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion,section,subsection,sentence,clause,paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements,the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However,the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right,power or remedy herein conferred upon the City is cumulative and in addition to every other right,power or remedy, express or implied,now or hereafter arising,available to City at law or in equity,or under any other agreement, and each and every right,power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City,to the best of its knowledge,that the plat is not of"metropolitan significance"and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed,the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses,including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply,the City may,at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand,the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns,that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property;that there are no unrecorded interests in the property being final platted;and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury,including death,and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any 7 98 of them. Limits for bodily injury or death shall not be less than$500,000.00 for one person and$1,000,000.00 for each occurrence; limits for property damage shall not be less than$200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy,the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement,the City may,without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of$500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof,this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount,which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday-Friday 7:00 A.M.until 7:00 P.M. Saturday 8:00 A.M.until 5:00 P.M. Sunday and Holidays Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a$500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches(12")on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 33. O. Third parties have no recourse against the City under this contract. 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents,or mailed to the Developer by certified or registered mail at the following addresses: Mattamy(Minneapolis)Partnership 2100 W.County Road 42 Burnsville,MN 55337 Notices to the City shall be in writing and shall be either and delivered to the City Administrator,or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: David J.McKnight,City Administrator City of Farmington 430 Third Street Farmington,MN 55024 8 99 SIGNATURE PAGE CITY OF FARMINGTON By: Todd Larson,Mayor By: David McKnight,City Administrator DEVELOPER: Mattamy(Minneapolis)Partnership By: Its: Drafted by: City of Farmington 430 Third Street Farmington,Minnesota 55024 (651)280-6800 9 100 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Todd Larson, Mayor, and by David McKnight, City Administrator, of the City of Farmington, a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Calben (Minnesota) Corporation, a general partner of Mattamy(Minneapolis)Partnership, a Minnesota general partnership,on behalf of the partnership. Notary Public 10 101 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 by NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651)452-5000 SRN 11 102 EXHIBIT"A" LEGAL DESCRIPTION Outlot C,Riverbend 2°d Addition and Outlots B,D and E,Riverbend 3'd Addition. 12 103 City of Farmington 430 Third Street, Farmington, MN 55024 r�,,, _ .��� (651) 280-6800 Fax(651) 280-6899 s�, alr? 7 www.ci.farmington.mn.us A .,y LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed,deed(s)on the parcel(s)listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 13 104 EIIBIT"C" IRREVOCABLE LETTER OF CREDIT. No. Date: TO: City of Farmington 430 Third Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue,for the account of .and in your favor, our Irrevocable Letter of Credit in the amount of$ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a)Bear the clause, "Drawn under Letter of Credit No. , dated , 20 , of (Name of Bank) "; b)Be signed by the Mayor or City Administrator of the City of Farmington. c)Be presented for payment at (Address of Bank) . This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless,at least forty-five(45)days prior to the next annual renewal date,the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of,or cancel,this Letter of Credit.Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail,at least forty-five(45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator,430 Third Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty(30)days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified,amended, amplified, or limited by reference to any document, instrument, or agreement,whether or not referred to herein. This Letter of Credit is not assignable.This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No.400. • We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 105 /Cr : 4 ! City of Farmington 430 Third Street ! iNc Farmington,Minnesota 651,2R0.6R00.Fax 651.280,6899 www.d.i'armingt{r.nin.us TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Combined City and County Utility Permit Agreement DATE: April 16,2012 INTRODUCTION During the roundtable portion of the February 21, 2012, City Council meeting, staff mentioned that several cities and Dakota County were working on a combined utility permitting system that would allow applicants to go to the County's website and apply for both City and County permits. The system is referred to as the"One-Stop Permit System". DISCUSSION Attached are the necessary agreements between the City and Dakota County which will facilitate the transition to the new small utility permit system. Staff from Dakota County has worked diligently over the past several months to make their existing system work for both City and County permits. To that end,the $2,000 cost included in the agreement is reimbursement to the County for the staff time necessary to make the changes that were required to the County's permitting system. This is a one-time cost that each city choosing to participate will pay. At this time eight cities have expressed an interest in using this system. The other cost identified is a monthly fee which covers the County's costs associated with processing permits as well as hosting and maintaining the system. Farmington's annual total for the monthly fee is $533.33. This fee is based on the average number of permits expected from participating cities each year. This number will be reviewed on an annual or biannual basis to ensure its continued validity. City staff will still be involved in the approval of each City permit. Once a permit is received at the County, designated City staff will receive an e-mail notifying them that there is a permit pending. Staff will then log onto the County's system, review the permit, work with the applicant to resolve any issues and then approve the permit. 106 Combined City and County Utility Permit Agreement April 16,2012 Page 2 of 2 BUDGET IMPACT As indicated above, the one time fee for this program is $2,000, and the annual fee for Farmington is $533.33. It is proposed that these fees and charges be paid from the Engineering budget. While these items were not included in the 2012 Engineering budget, staff believes that costs can be absorbed into the current budget without exceeding the overall department budget. ACTION REOUESTED By motion, approve the attached agreement with Dakota County for the "One Stop Permit System". Respectfully submitted, Kevin Schorzman, P.E. City Engineer 107 DAKOTA COUNTY SERVICE AGREEMENT WITH THE CITY OF FARMINGTON FOR ONE-STOP PERMIT SYSTEM THIS DAKOTA COUNTY SERVICE AGREEMENT FOR ONE-STOP PERMIT SYSTEM ("Agreement") is made and entered into by and between the County of Dakota, a body politic and corporate under the laws of the State of Minnesota ("County"), and the City of Farmington, a municipal corporation organized under the laws of the State of Minnesota ("City"). County and City are each sometimes referred to herein as a"Party"and collectively as the"Parties." WHEREAS, Dakota County's One-Stop Permit System brings together the permitting processes of the County and participating cities into one, easy to use permitting application process where the public can easily apply for permits that apply to one or more entities within the County; and WHEREAS, Dakota County and the City of Farmington desire to partner with each other to offer the One-Stop Permit System to the public as part of their mission to provide efficient, effective and responsive government to their citizens. NOW, THEREFORE, in consideration of the mutual promises and agreements made herein the Parties agree as follows: 1. Definitions. (a) "System Software" means County's proprietary computer software program(s)described in Exhibit A(the"System Overview"), in object code form only, including all Updates. (b) "Permit System" means the One-Stop Permit System Internet site operated by the County, accessible by the City and the general public as applicable, through secure access points, with a specific Uniform Resource Locator to be provided to the City(or any successor URL). (c) "City Data" means the data collected by the Permit System issued on behalf of the City relating to the Permits issued. (d) "Documentation" means any Permit System user manuals, training or education materials, technical manuals, and specifications describing the System Software and Services created by the County relating to the Permit System, in printed and/or electronic form, including all Updates. (e) "Permitted User" means the City's employees and the general public who are provided access to the Permit System in accordance with the procedures in Section 10 of this Agreement. Page 1 of 14 108 (f) "Provider Content" means County's reports, information, and data other than City Data made available to the City and its Permitted Users as part of the Services. (g) "Renewal Term"has the meaning set forth in Section 16. (h) "Services" means operating the System Software and utilities in County's host computer system, providing Provider Content to the City, storing City Data, and making the System Software, Provider Content and City Data available to Permitted Users via the Permit System, as more fully described in Exhibit A. Services do not include integrating the Permit System or City Data with any application or computer system other than email notification that a permit has been issued and the standard reports included in the Permit System. (i) "Update" means, as applicable, any update, modification, or new release of the System Software, Documentation, or Provider Content that the County makes generally available to the City at no additional cost. 2 Provision of On-line Services. (a) The City hereby engages the County, and the County hereby agrees (subject to the terms and conditions herein) to provide the Services more fully described in this Agreement and in the system overview attached hereto as Exhibit A (the "System Overview") and grants to the City a non- exclusive, non-assignable and non-transferable license to use the Permit System for its intended purpose during the term of this Agreement. (b) The City acknowledges and agrees that the County's provision and performance of the Services is dependent and conditioned upon the City's full performance of its duties, obligations and responsibilities hereunder. (c) Each party shall at all times during the term of this Agreement designate an individual to serve as its primary point of contact regarding the Services provided and the rights or obligations of each Party under this Agreement. 3. Additional County Responsibilities. During the Term of this Agreement,the County shall be responsible for the following: (a) The County shall provide all required hosting and operations support for the Permit System. (b) The County may, from time to time, in its sole discretion, install Updates, modify the Services or any component thereof provided that such Updates shall perform and contain functionality that is equal to or better then the current version of the Services. The County will complete such installations and modifications in accordance with the County's normal application implementation plan and will, where possible, minimize any impact on the City's or general public's use of the Permit System and its Services. The County will notify the City by standard methods of notification such as email, system generated messages on the Permit System home page or similar communication methods, in advance of the installation of an Update or modification to the Services. (c) The County will provide support and system maintenance to the Permit System as more fully described in this Agreement and the System Overview. Page 2 of 14 109 (d) The County will provide the computer servers that will run the Permit System, providing secured (SSL Certificate)access to the City and the general public. (e) The County will provide technical support for the servers that are hosting the Permit System and for the Permit System code and the databases that hold the information collected and used to run the Permit System. (f) The County will provide timely email notification to the City prior to any scheduled maintenance outages that could make the Permit System unavailable. (g) The County will provide help desk support for the Permit System during the hours of 7:00 am to 4:30 pm (CST)on County business days. (h) The County shall have in place a Business Continuity and Disaster Recovery Plan and will utilize industry standard back-up and archival procedures. (h) The County will configure and maintain the Permit System to provide reasonable system response time for the City's Permitted Users and the general public that is within the control of the County. (k) The County will provide training on the use of Permit System for City staff as set forth in Section 9 of this Agreement. 4. The City Responsibilities. During the Term of this Agreement,the City shall be responsible for the following: (a) The City will pay the initial "sign on fee" and monthly fee as set out in the Payments section below. (b) The City shall be responsible for providing, at no cost to the County, the necessary personnel and information needed to configure and run the Permit System for the City. (c) The City shall identify the City's staff that need to have access to the Permit System so that the security access can be setup for them. (e) The City shall be responsible for ensuring that the City's use of the Permit System complies with this Agreement and all laws applicable to the City. (f) As between the Parties, the City shall be responsible for the accuracy and completeness of all records and data provided by the City in connection with this Agreement. 5. System Features and Configuration. The City acknowledges and agrees that it will be using the Permit System that is also utilized by other Cities and agencies in Dakota County and potentially elsewhere in Minnesota. The capabilities and functions of the Permit System will be determined by County. County will consult with the County Permits Collaborative Users Group (the User Group), which is comprised of the member cities who have met and continue to meet the payment responsibilities described in the Payments section of this agreement. When settings or features have been added to the Permit System that are designed by the County in conjunction with the Users Group, the Parties shall work cooperatively to identify System features or functionality (common practices, processes, and procedures conducted by the Page 3 of 14 110 City in day-to-day operations as they relate to utilizing the Permit System) that are configurable to best fit the City's business practices. The County shall set available configurations in the Permit System for the City. 6. Ownership. Protection and Security. (a) The County shall own the intellectual property and all other proprietary rights and interests associated with the Permit System and Services and all components thereof and associated documentation, except as expressly provided herein. The City acknowledges and agrees that nothing in this Agreement or any other agreement grants the City any licenses or other rights with respect to the Permit System (source code or object code)or Services other than the right to receive Services as expressly provided herein. (b) Ownership of any data, text, graphics or other information or content materials and all records and databases supplied or furnished or entered into the System by the City hereunder for incorporation into or delivery through the application(s)described in the System Overview shall remain with the City, and the County shall cease use of all such material upon termination of this Agreement. (c) The County grants to the City a limited license during the term of this Agreement to use and reproduce the County's trademarks and logos pertaining to the Permit System for purposes of including such trademarks and logos in City materials and links relating to the Permit System. All uses of such trademarks and logos shall conform to the County's guidelines and requirements for use of such trademarks and logos. (d) By storing City Data on the County's equipment and System, the County does not obtain any ownership interest in the City Data except to the extent that the County is obligated to keep said data intact and secure and to regularly backup the data for redundancy and disaster recovery purposes. As between the City and the County, City Data is and shall remain the sole and exclusive property of the City, including all applicable rights to copyrights, trademarks or other proprietary or intellectual property rights thereto. (e) The City shall be responsible for responding to any data practices requests related to any City Data the City or its Permitted Users have entered into the System. 7. Implementation. The County agrees that upon execution of the Agreement and payment of the required funds as set forth in the Payments section, the County will work with the City to setup and configure the Permit System so that City permits can be requested and paid for by the general public in accordance to the City's schedule of fees. The time table for implementation is provided in Exhibit D. 8. Training and Acceptance Testing. The County will hold a half day training session for all Cities that are going live when the Permit System initially goes live. An Administration User's Guide will be provided to all people attending the training session. A second half day training session will be provided for the Cities that are coming online in the second batch of Cities. The Cities will be asked by the County to participate in the Acceptance Testing of the Permit System, which will take 10 (ten) days. Any defects found by the Cities will be communicated to the County giving full details of the situation that caused the defect and screen shots where possible to assist in the troubleshooting process. Dates for the Training Sessions Page 4 of 14 111 and the Acceptance Test period will be communicated to the Cities by the County's Project Manager. The County will undertake to have, wherever possible, all defect corrections made prior to going live. If a defect is found that cannot be resolved prior to the go live date, and if the Cities agree to go live anyway, the County will communicate the date on which the final defect resolutions will be implemented. 10. User Access Restrictions. The Parties acknowledge and agree that access to the Permit System will be restricted to those employees or agents of the City having a business need to enter and view City Data or Provider Content. The City will request access to the Permit System by filling out a Permit System Access Request form and emailing it to the County Help Desk at help.desk a(�co.dakota.mn.us. The Permit System Access Request form can be obtained from the County's Help Desk by emailing the above email address or by contacting the County's Help Desk on (651)438 4346. The Permit System Access Request form will be included in the Permit System Administration User's Guide given out in the training sessions. The City shall promptly notify the County's Help Desk whenever an Authorized User ceases to be an employee or agent of the City or no longer has a position that requires access to the Permit System. Authorization to access to the System by all City Approved Users will expire on the date this Service Agreement terminates. • 11. County Representations and Warranties. (a) The County shall provide the Provider Content and Services to City for the Permit System to be accessible to the City and the General Public without interruption, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of the County including, but not limited to, any Force Majeure Event(as defined in Section 19). (b) The County warrants that the Permit System and Services will operate in conformance with the criteria set forth in this Agreement, its Schedules and Exhibits, and the applicable specifications and Documentation, not including any post-Acceptance modifications or alterations to the Documentation which represent a material diminishment of the functionality of the Permit System, Service, or Provider Content; when used in accordance with the Documentation and all of the terms and conditions hereof. (c)The County warranties that the Permit System is compatible with and will operate successfully with the following intemet browsers: Microsoft Internet Explorer version 7 and up, Firefox version 10 and up, Google Chrome version 17 and above and Apple's Safari version 5 and above. (d) In the event that the City discovers a non-conformance with any of the County's warranties or representations as stated in this Agreement, the City shall promptly inform the County of such fact in writing, and, upon receipt of such notice the County shall correct the non-conformity within a reasonable period of time not to exceed thirty(30)days without any additional charge to the City. (e) THE SERVICE LEVEL WARRANTY SET FORTH HEREIN SHALL ONLY APPLY TO THE PERMIT SYSTEM PROVIDED BY THE COUNTY AND DOES NOT APPLY TO (A) ANY PROFESSIONAL SERVICES; (B) ANY SUPPLEMENTAL SERVICES; (C) ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SYSTEM OVERVIEW FOR SUCH SERVICES). THIS SECTION STATES THE CITY'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY THE COUNTY TO PROVIDE SERVICE(S). Page 5 of 14 112 (f) Ownership of Services and System Software. The County warrants that it is the sole owner and developer of the Permit System and has the right and authority to provide access and use of the Permit System software, Provider Content and Services to the City and authorized users as set forth in this Agreement. If the County's ownership rights are successfully challenged to the extent that the City must cease using the Services,the County shall refund a prorated portion of the annual fees paid by the City (should the fees be paid annually) for the current term of this Agreement as measured from the date the City must cease using the Services. (g) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND THE CITY'S USE OF THE SERVICES IS AT ITS OWN RISK. THE COUNTY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE COUNTY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. COUNTY DOES NOT AND CANNOT WARRANT THE RESULTS OBTAINED BY USE OF THE SERVICES. COUNTY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COUNTY SOFTWARE WILL MEET THE REQUIREMENTS OF THE CITY OR GENERAL PUBLIC. (h) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. THE COUNTY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA BETWEEN THE POINT THAT THE PERMIT SYSTEM CONNECTS TO THE INTERNET (WHETHER SECURE OR NOT) AND THE CITY'S FACILITIES AND EQUIPMENT. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT THE CITY'S CONNECTIONS TO THE COUNTY'S PERMIT SYSTEM. ALTHOUGH THE COUNTY WILL USE REASONABLE EFFORTS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, THE COUNTY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COUNTY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 12. Nondisclosure. Through exercise of each Party's rights under this Agreement, each Party may be exposed to the other party's technical and financial information and data, in electronic, magnetic, photographic and other forms that is confidential or private information ("Confidential Information"). In recognition of the other Party's need to protect its legitimate business interests and legal obligations, each party agrees that it shall regard and treat each item of information or data constituting Confidential Information of the other Party as confidential or private and that, except as required by law including the Minnesota Government Data Practices Act, it will not redistribute or disclose to any other person,firm or entity,or use or modify for use, directly or indirectly in any way for any person or entity any of the other Party's Confidential Information. If Confidential Information is required by subpoena, court order or government requirement to be disclosed, each Party shall give the other Party prompt written notice of such subpoena, court order or government requirement to allow the other Party an opportunity to obtain a protective order to prohibit or restrict such disclosure. Page 6 of 14 113 13. Data Security. During the term of this Agreement, the County shall, at a minimum, implement the following procedures designed to protect the security of City Data: (a) User identification and access controls designed to limit access to City Data to Authorized Users; (b) Industry standard firewalls regulating data entering the County's internal data network from an external source, which will enforce valid secure connections between internal and external systems; (c) The County will maintain and follow a disaster recovery plan designed to maintain access to the System Software and Services and to prevent the unintended destruction of City Data; 14. Liability Limitations. (a) THE COUNTY SHALL NOT BE LIABLE TO THE CITY OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE. (b) Under no circumstances shall the County's total liability to the City related to the System Software, Provider Content, or performance of Services under this Agreement exceed the aggregate amount of fees and revenue received by the County hereunder for the prior twelve (12)month period. 15. Parties Liable for Own Acts. Each party to this agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers or employees. The Municipal Tort Claims Act, MN Stat. Ch.466, and other applicable laws shall govern the County and City's liability. 16. Term and Termination. (a) This Agreement shall commence as of the date executed by both Parties and shall remain in effect unless terminated by either party as set forth herein ("Initial Terms). After three years and every three years after that, the County may revise the cost associated with this agreement, by creating an amendment to this agreement which would then be agreed to and signed by both parties. (b) Each Party reserves the right to terminate this Agreement immediately if the Services provided hereunder become illegal or contrary to any applicable law, rule, regulation or public policy. Each Party shall have the right to terminate this Agreement upon ninety(90)days prior written notice to the other party. Termination of this Agreement by either party does not entitle the City to a refund of any annual fees the City has paid to the County. (c) Within sixty (90) days of termination of this Agreement, the County shall provide the City with a copy of all of the City Data contained in the Permit System. Within a reasonable time after providing Page 7 of 14 114 the City Data, the County shall delete and remove all of the City Data from the County's servers and data storage. 17. Payments. (a) Initial Buy In Payment and Monthly Fees. The City will pay the County an Initial Buy-In Fee of $2,000 as the Cities share of the development costs. The City will also pay the County a monthly fee to cover the hosting and support costs. The monthly fee is calculated using the average count of the last three years permits multiplied by $3.50, divided by 12 months, plus $25. The city may pay this fee on an annual basis, calculated as the Monthly Fee multiplied by 12 months. The details of this calculation are set out in Exhibit C. Based on these calculations the monthly fee to be paid by the City is$44.44. (b) The Permit System will allow the public to apply for a permit in a "one stop shop"portal that is accessed from the intemet. For example, if the member of the public requires a permit from the County, the City of Apple Valley and the City of Lakeville, the Permit System will allow the member of the public to apply for all three permits at once. If the permits are paid for by credit card, the County will collect the money paid for the permits and will distribute the permit fees to the Cities according to the Cities permit fees structure. Credit card fees applied to the County by the credit card companies will be subtracted from the permit fees distributed to the Cities by the County, proportioned according to the ratios of the County's and City's fee structures. (c) If the permits are paid for with a check instead of by credit card, the person applying for the permits will pay the check directly to each,the County and Cities involved. (d) Fees for any extra services provided by the County that are outside the services that the County must provide under this Agreement shall be at pay for by a rate of$65.00 per hour. 18. Participation on the Permit System User Group. The Permit System User Group provides input to the County's Information Technology staff as to upgrades and enhancements that need to be made to the Permit System. The User Group consists of representatives from the County and cities who have committed to using the Permit System by paying the above mentioned fees and by signing this Agreement. The County will take the Cities requests into consideration when planning work on the Permit System. The County retains the right to make the final decision on what new functionality will be included in future releases. 19. Force Majeure. Neither Party shall be liable to the other Party for any damages, costs, expenses or other consequences incurred by a Party or by any other person or entity as a result of delay in or inability to deliver any Services or comply with other obligations and responsibilities under this Agreement due to circumstances or events beyond the Party's reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi)fire or explosion; (vii) riot, military action or usurped power; or(viii) actions or failures to act on the part of a governmental authority. Page 8 of 14 115 20. Miscellaneous. Assignment. The Parties shall not assign its rights or obligations under this Agreement without the prior written consent of the other party. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the Parties. No failure or delay by either Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy. Goveminq Law. This Agreement shall be governed by the laws of the state of Minnesota, and the Parties hereby submit to exclusive jurisdiction in the federal and state courts located in Dakota County, Minnesota for all disputes in connection with this Agreement or the transaction contemplated hereby. Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be mailed by United States first class mail, postage prepaid, sent by facsimile or delivered personally by hand or nationally recognized courier. All such notices and other written communications shall be effective one business day after the date of mailing, receipt of confirmed facsimile transmittal or delivery. All notices shall be addressed to the applicable Party at its respective address first set forth above or such other address as may be designated on notice to the other Party pursuant hereto. Independent Contractors. The County and its personnel or agents, in performance of this Agreement, are acting as independent contractors and not as an employees or agents of the City. Under no circumstances will either Party have the right or authority to enter into any contracts or assume any obligations for the other or to give any warranty to or make any representation on behalf of the other. INTENTIONALLY LEFT BLANK Page 9 of 14 116 IN WITNESS WHEREOF, the parties have caused this Service Agreement for One-Stop Permit System to be executed by their respective duly authorized officers as of the date set forth above. This Agreement shall be effective only when executed below by both Parties. CITY OF By Mayor Date Approved As To Form: City Attorney/Date Attest: City Clerk Date COUNTY OF DAKOTA By Anita Scott, Director Information Technology Department Date Approved As To Form: Dakota County Board Resolution No. County Attomey/Date Contract No. Page 10 of 14 117 EXHIBIT A SYSTEM OVERVIEW Dakota County's one stop Permit System brings together the permitting processes of the County and the Cities within the County into one, easy to use permitting application where the public can apply for permits that apply to one or more entities within the County. Customers will have an online web user interface where they will be able to: 1) Create and update their profile 2) Purchase multiple permits in a shopping cart environment 3) Make one payment via Credit Card for all permits 4) Be able to view purchased permits and reprint permit copies 5) Be able to view pending permits and update as needed Cities will be able to: 1) View all permits at a glance 2) Create user profiles or update user profiles 3) View reports of purchased permits, be able to see who has not paid for a permit and suspend their purchase abilities until payment has been made 4) Update permits that have been purchased and accept or reject their status for further review. 5) Add/Update/Delete documents to permits as needed 6) Create permits for customers as needed Procedure: A member of the public can become a customer by creating a user or company profile to do business with the Permit System. A customer can go to their`work place"where they have options to purchase a permit or print existing permit copies. Once they request to purchase a permit a customer will be given an option to select a permit type. Once that type is selected the customer will be prompted to select a city or cities in which they need a permit. If multiple cities are selected the permit system will loop through the process creating permits for the customer for each city that is selected and place the completed permit(s)into a shopping cart for further review or purchase. Upon the completion of the purchase the customer will receive verification of the purchase and notification that a representative will be in contact with them regarding their purchase. The city can accept or reject the permit. If accepted the customer is notified by email that the permit was approved and a copy of their permit will be included in the email to them. If the city rejects the permit, the city will contact the customer and tell them why and allow them to update and supplement the permit request as needed. Page 11 of 14 118 EXHIBIT B MAINTENANCE AND SUPPORT SERVICES The County shall maintain the Permit System including related hardware and software hosted by the County according to the separate Service Level Agreement(SLA) between Dakota County Information Technology and the Dakota County Cities. Page 12 of 14 119 EXHIBIT C PERMIT SYSTEM FEE CALCULATIONS summer summer 2012 2012 Inver Apple Burnsville Eagan Farmington Hastings Grove Lakeville Rosemount West St. Mendota St.Paul Valley Paul Ht's Hts. Not 2009 149 110 174 60 73 0 140 68 50 50 2010 156 116 209 75 75 76 150 47 SO 50 At 2011 158 100 202 65 70 134 130 53 SO 50 This Time 2012 OW/Utility W W W W W W W W egistration W W W W W W W W Ibstruction W W W W W Special Events :cay./Grade W W W versize load W ccess(New Or) _.._._..._.._._.._.._._.............._._.._.._.._.._._..__._.._.._._.._.._._.._.._._.._.._._._._._.._._.._. andscaping W W W W W srmit#Avg. 154 109 195 67 73 105 140 56 50 50 Monthly $70.01 $56.69 $81.88 $44.44 $46.19 $55.63 $65.83 $41.33 $39.58 $39.58 charge: Annual $840.17 $680.33 $982.50 $533.33 $554.33 $667.50 $790.00 $496.00 $475.00 $475.00 Charge: art Up Fee: $2000. $2000. $2000. $2000. $2000. $2000. $2000. $2000. $2000. $2000. The County will charge $ 65. per hour for consulting services that are outside the scope of this Agreement. This hourly rate may be increased by the County every three years when the other fees of the agreement are reassessed. Page 13 of 14 120 EXHIBIT D IMPLEMENTATION SCHEDULE Permit Date Comment Utility Right of Way Permit Week of testing in test environment Week training in production environment Training for Utility Right Of Dakota County Northern Way& Registration Service Center for all City staff affected Release to the public Registration Form Week of testing in test environment Week trialing in production environment Release to the public General Excavation Permit Release to the public Obstruction Permit Release to the public Special Event Permit Release to the Public Oversized Load Permit Release to the Public Access (New Driveway) Release to the Public— New Permit Landscaping Release to the Public— New Permit Page 14 of 14 121 SLA for Dakota County Cities EXHIBIT B Service Level Agreement (SLA) Between Dakota County IT And Dakota County Cities For One-Stop Permit System Effective Date: April 1, 2012 IT Relationship Manager: Dave Miland Version Version Date Revision/Description Author 1.0 6-21-10 Draft Don Turner/Anita Scott 1.1 3-28-11 Final Don Turner 1.2 2-9-12 Update for Dakota County Cities Anita Scott/Tim Auld Approval (By signing below, all Approvers agree to all terms and conditions outlined in this Agreement.) Approvers Title Approval Date and Signature Anita Scott IT Director, Dakota County City POC Agreement Termination Approvers Title Termination Approval Date and Signature Anita Scott IT Director, Dakota County City POC 122 SLA for Dakota County Cities Table of Contents 1. Agreement Overview 3 2. Goals&Objectives 3 3. Stakeholders 3 4. Service Environment 4 5. Periodic Review 4 6. Service Agreement 4 6.1 Service Scope and Costs 4 6.3 Service Availability 5 6.4 Incident and Service Request Reporting and Management 5 6.5 Incident and Service Request Prioritization 6 6.6 Response and Resolution Times 8 6.7 Escalation Procedures 9 6.8 Service Provider Responsibilities 9 6.9 Service Assumptions 9 6.10 Customer Requirements 10 7. Service Level Management 10 7.1 Availability Restrictions 10 7.2 Service Measurement and Performance Targets 10 7.3 Service Level Reviews 11 7.4 Service Requests 11 7.5 Service Maintenance 11 Amendments. 11 Appendix A: Definitions 12 Appendix B: Maintenance Schedule 13 2 123 SLA for Dakota County Cities 1. Agreement Overview This Agreement represents a Service Level Agreement ("SLA" or "Agreement") between the Dakota County IT Department and Dakota County IT Customers of the One-Stop Permit System for the provisioning and delivery of IT infrastructure core services and support. This Agreement may be updated by Dakota County from time to time after consultation with the Stakeholders. Update changes will be recorded in the Amendments section of this Agreement and are effective upon the date recorded therein. 2. Goals & Objectives The purpose of this Agreement is to define the service level expectations as it relates to the delivery and support of IT infrastructure core services to Dakota County IT Customers by the Service Provider(Dakota County IT). The goal of this Agreement is to obtain as much as possible a mutual agreement and understanding for IT infrastructure services and support between the Service Provider and Customer. The objectives of this Agreement are to: • Provide clear reference to service ownership, accountability, roles and/or responsibilities. • Present a clear, concise and measurable description of service provision to the customer. • Match perceptions of expected service provision with actual service support&delivery. 3. Stakeholders The following Service Provider(s) and Customer(s) will be used as the basis of the Agreement and represent the primary stakeholders associated with this SLA: IT Service Provider(s): Dakota County IT Infrastructure IT Customer(s): Dakota County Cities The following stakeholders are responsible for the deployment and ongoing support of this agreement Stakeholder Title/Role Contact Information Anita Scott IT Director, Dakota County anita.scott @co.dakota.mn.us Dave Miland IT Manager, Dakota County Dave.Miland @co.dakota.mn.us Tim Auld IT Manager, Dakota County Tim.Auld @co.dakota.mn.us City POC 3 124 SLA for Dakota County Cities 4. Service Environment The following information provides an estimate of the number of users, permits and the infrastructure supported by this SLA: User Base Description All Staff Number of Users Unlimited Number of Permits Number of estimated permits to be processed by the city each year: see Exhibit C of the contract between the Dakota County and the Cities for host the Permits System. Number of Servers One web server and one database server. Location Dakota County Administration Center Network Devices Switches,firewalls, load balancers, tape libraries, etc. 5. Periodic Review This Agreement is valid from the above Effective Date and is valid until the Date of Termination. This Agreement may be reviewed on an annual basis; however, in lieu of a review during any period specified, the current Agreement will remain in effect. The IT Relationship Manager ("Document Owner') is responsible for facilitating regular reviews of this document. Contents of this document may be amended by Dakota County after consultation with the primary Stakeholders and communicated to all affected parties. The Document Owner will incorporate all subsequent revisions and obtain mutual agreements/approvals as required. IT Relationship Manager: Dave Miland Review Period:Annually Previous Review Date: None Next Review Date: January, 2013 This Agreement will be made accessible to all Stakeholders electronically. 6. Service Agreement The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement. 6.1 Service Scope and Costs The following Services are covered by this Agreement. The funds for these standard services are provided via Dakota County I.T. operating budget. The operating budget supports personnel costs, training, contractual services, equipment maintenance, software licensing and maintenance and technology infrastructure improvements for the County. A breakdown of what services are charged back to the cities is in the table below. 4 125 SLA for Dakota County Cities Reference Service Provided Costs to be Recovered No. TS1.1 Network Infrastructure Support Services - Included in $25 a month flat fee installation, configuration, management and support for data networks, network servers, firewall maintenance and administration and other security related services, management of the storage and backup of files and data. TS1.2 Application Hosting Services—installation, Included in $25 a month flat fee configuration, management, and support for application software, server hardware, server operating systems, and management of remote network access. TS1.3 Help Desk Services—single point of contact for Included in$25 a month flat fee reporting of all IT related problems and requests. Records and tracks reported incidents and service requests; assigns related priority levels and coordinates IT communications, manages the accounts required for security and access control to systems and files. TS1.4 Fee per permit processed $3.50 • The funds required to provide these services—including the tools required to provide them—are generally supported via the Dakota County I.T. operating budget. Exceptions to this rule are found where services are not evenly consumed or can be directly attributed to a specific request to enhance the application for one or more of the cities. For example,the cost of establishing a new permit type or customization that is specific to a city or a request to add additional functionality that is requested by all the cities. • Non-Standard services are not covered by the terms of this SLA and may require further negotiation and may be subject to additional fees. Any required fees will be agreed to prior to the work commencing. 6.2 Service Availability Coverage parameters specific to the service(s) covered in this Agreement are as follows: • Monday to Friday 7:00 A.M. to 6:00 P.M. • Coverage from 6:00 P.M. to 9:30 P.M. on most nights 6.3 Incident and Service Request Reporting and Management The IT Help Desk is the single point of contact for all IT related services and requests. There are primarily two classifications of all inquiries received by the Help Desk categorized as: • Incident—any event which is not part of the standard operation of a service and which causes, or may cause, an interruption to, or a reduction in,the quality of that service. • Service Request—a simple request from a Customer that does not involve a failure such as a software installation, telecom change, etc. 5 126 SLA for Dakota County Cities 6.4 Reporting Procedures To report incidents or initiate service requests, please select one of the methods below: • Call the Help Desk telephone number to be connected with an agent—651-438-4346-and after hours select from the main menu the appropriate option for assistance. Based on your selection, your call will be handled appropriately. OR • Email Help.Desk @co.dakota.mn.us and enter your problem and/or service request. The Help Desk will review your request, assigned a priority, and route it to the appropriate technical teams for action. Once an incident or service request has been received,the Help Desk primary responsibilities are to: • Record and track reported incidents(e.g. problem)and service requests; • Enter a ITSM ticket • Provide initial classification (e.g. assign service category)and support; • Assess impact and urgency; • Determine priority level; • Alert appropriate technical teams • Monitor escalation procedures • Coordinate IT communications(e.g. downtime notifications, IT updates, etc.) When the Help Desk receives an incident or service request from a customer, a tracking number and priority level (See Section 6.5—Incident and Service Request Prioritization)will be assigned. If the Help Desk agent cannot resolve the incident quickly either through a permanent solution or workaround, they will hand it off to the appropriate technical specialists and/or teams for further investigation, diagnosis and resolution. The customer is notified of the incident status and priority level assigned. 6.5 Incident and Service Request Prioritization One of the key roles of the Help Desk staff is to assess event impact and urgency and determine an adequate priority level. These activities are not an exact science, as there are virtually unlimited scenarios and potential situations. However, the following framework and variables/factors are used as a benchmark when determining priority ratings: • Number of Users Affected by the Incident • Single user • Multiple Users, floors or work units • Work site • Multiple work sites • Business Impact of the Incident • Low—low/minimal impact on business customer • Moderate—moderate/minor impact on business customer • High—high impact on business customer • Existence of a short term fix or work around 6 127 SLA for Dakota County Cities Service parameters are defined based on criticality of service and/or application and appropriate priority assigned based on impact and urgency. A guideline to the priorities assigned is specified below: SERVICE PARAMETERS PRIORITY TO BE ASSIGNED • A major service or mission critical application is unavailable; • Has a high impact and is highly visible; affects a large number of users, application or service; • Short term fix or work around is not available Priority 1 -Immediate • Service request in this category are rare and limited to those that are considered urgent in nature; Provider management approval required • A service or application is unavailable or degraded; • Has a high impact and is highly visible; affects a large number of users, application or service; • Short term fix or work around is available Priority 2-High • Service request for access to applications, systems, directories, groups, etc. • A service or application is down or degraded; • Has a moderate impact or moderately visible; affects a limited number of users, application or service Priority 3 -Moderate • Service request for new hardware, software, telecom changes, etc. • A non-critical service or application is down or degraded; • Has a low impact; affects a small number of users or a single user; • A workaround or maintenance is acceptable Priority—4 Low • Service request for a general question or a request for information Where: • Large number of users= 75 or more • Limited number of users= 25-75 • Small number of users= 1-25 The above numbers are provided as guidelines but business impact may also be a factor. 7 128 SLA for Dakota County Cities 6.6 Response and Resolution Times INCIDENTS An incident (problem) is an event which causes an interruption to, or reduction in, the quality of a service, incidents are given a priority rating between 1 and 4 with priority 1 being the highest. The following table outlines the Key Performance Indicators for INCIDENTS: Priority Maximum Time to Respond Maximum Time to Resolve 1 - Immediate 15 Minutes 4 hours or less 2- High 1 hour 4 hours 3- Moderate 2 hours 2 business days 4- Low 4 hours 5 business days • Time to Respond is the time the Incident is opened to initial contact by a technician. • Time to Resolve is the total time from incident reported to resolution. • Priority of incidents can be raised from lower to higher priority if no response is received from the Service Provider within the response time window defined as per this SLA. Please refer to section 6. 7—Escalation Procedures for further details. SERVICE REQUESTS A service request refers to common customer request that does not involve a failure or disruption of a service. Examples of such requests include: new hardware/software requests, telecom requests, physical staff moves, etc. All service requests are assigned a priority from 1 through 4. It is recommended, whenever possible that customers provide as much advance notice as possible prior to the required date. The following table outlines the Key Performance Indicators for SERVICE REQUESTS: Priority Time to Respond Time to Resolve 1 - Immediate Same Day within 1 business day 2- High 2 Days within 3 business days 3- Moderate 2 Days within 4 business days 4-Low 2 Days within 8 business days • Custom requests are excluded from the above key performance indicators. Custom Requests refers to an IT related request that does not fall into the Incident or Service Request categories. Examples of such requests include: new system design and technical review and analysis, major office relocations/moves etc. The Provider manages these requests on a case-by-case basis as each request is unique and may require significant project planning and resources. As a result, it is not possible to define standard response and resolution times. The Provider will respond to and discuss such requests within a reasonable period of time. 8 129 SLAfor Dakota County Cities 6.7 Escalation Procedures The Help Desk escalates incidents and service requests according to the procedures outlined below. Customers may initiate escalation when they believe their incidents or service requests are not being handled in a timely manner. The customer should contact the Help Desk and ask for their incident or service request to be escalated. The Help Desk agent will escalate your request to the Provider's internal management team as noted below. PROVIDER INTERNAL NOTIFICATION AND ESCALATION PROCEDURES Standard Business Hours are 7:00 a.m.—6:00 p.m. Monday— Friday [unless otherwise specified] Escalation Level Priority 1 Priority 2 Priority 3 Priority 4 Contact* Incident Incident Incident Incident Help Desk Immediate Immediate 2 hours 4 hours Notification Notification Service Delivery Immediate 1 hour 4 hours 8 hours Manager or Notification Technical Team Manager or Lead Technology Director 1 hour 2 hours 8 hours Next Business Day Business Unit 1 hour 2 hours 8 hours Next Business Day Management 6.8 Service Provider Responsibilities Service Provider responsibilities and/or requirements in support of this Agreement include: • Meet service measurements as outlined in Section 7.2—Service Measurement and Performance Targets; • Monitor customer satisfaction via a customer survey tool; • Follow escalation process when deemed appropriate; • Provide Service Reviews to Customer as outlined in Section 7.3—Service Level Reviews; • Provide appropriate notification to Customer for all scheduled maintenance as outlined in Section 7.6—Server Maintenance. 6.9 Service Assumptions Assumptions related to in-scope services and/or components include: • Services are provided to Dakota County customers only; • Services are provided only for standard devices and applications; • Support for major upgrades will be defined as"projects"and are outside the scope of this agreement; • Availability of needed equipment in the event of failure; • Availability of external vendor support, if required; • Changes to services will be communicated to all stakeholders. Some components of service delivery are outside the Provider's control. These components could affect the service goals listed in this document. While the Provider will make every effort to mitigate any damage caused by these problems, excluded from the service measurements listed in this agreement are any problems related to: • Failure of the Provider's vendor's equipment; • Actions or inactions of the Provider's vendor or contractor; • Outages and/or degraded performance of infrastructure not managed by the Provider 9 130 SLA for Dakota County Cities 6.10 Customer Requirements Customer responsibilities and/or requirements in support of this Agreement include: • Staff/users within the business units report problems/issues in a timely manner; • Staff/users follow the established procedures as outlined in Section 6.4—Incident and Service Request Reporting and Management for reporting incidents or initiating service requests; • Staff/users within the cities understand the features and functionality of the permitting application they need to use in order to complete their work assignments. It is the responsibility of cities to ensure staff obtains the necessary training. • Provide a detailed description of the problem/issue being encountered; • Provide error messages received, if appropriate; • Reasonable availability of customer(s)when resolving a reported incident or service request 7. Service Level Management Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring, measurement and reporting of in-scope services and related components. 7.1 Availability Restrictions Customer requests for service availability outside the coverage parameters as outlined in Section 6.3-Service Availability should be submitted in writing to the Provider for review. If needed,this SLA may be amended to reflect those changes or a supplemental SLA negotiated. 7.2 Service Measurement and Performance Targets The following measurements will be established and maintained by the Service Provider to ensure optimal service provision to the Customer: Measurement Definition Performance Target Target Incident Time the Help Desk responds to 90% of incidents will be Acknowledgment customer acknowledging receipt acknowledged in 30 Minutes or less Time and/or report of incident. Target Incident Provider response time from time 80% of incidents responded to within Response Time incident is opened to initial established timelines based on contact by a technician. priority levels. (See Section 6.6) Target Incident Total time from incident reported 80% of incidents resolved within Resolution Time to resolution. established timelines based on priority levels. (See Section 6.6) Number of Number of outages during the 99.9%of the time mission critical Unscheduled Core Availability Time systems will be available.* Outages Target Service Total time from service request 80% of service requests resolved Request reported to resolution within established timelines based Resolution Time on priority levels(See Section 6.6) *Mission critical systems are currently defined as: Email, Phones, Internet Access, Jail Management Systems, JAIIMS, CJIIN, CIBERLaw, Portals(Criminal History), and any Community Services Systems that administer support to Public Health and Social Services. Most of those systems are housed at the State of Minnesota but our network is required to run them. 10 131 SLA for Dakota County Cities 7.3 Service Level Reviews The Service Provider will use a phased approach in initially conducting Service Level reviews. The reviews will be conducted on an annual basis or as needed. The IT Relationship Management will facilitate the Service Level reviews with the appropriate city point of contact. 7.4 Service Requests In support of services outlined in this Agreement, the Service Provider will respond to reported incidents and/or service requests submitted by the Customer within the established time frames as outlined in Section 6.6 — Response Times. 7.5 Service Maintenance All services and/or related components require regularly scheduled maintenance ("Maintenance Window") in order to meet established service levels. Please refer to the table provided in Appendix E — Maintenance Schedule for a description of those activities and scheduled timeframes. Those activities will render systems and/or applications unavailable for normal user interaction. • For those activities outlined in Appendix B—Maintenance Schedule the customer will be notified 5 days in advance of the scheduled maintenance; • Notification of service outages and/or emergency or critical maintenance will be made within 60 minutes of an occurrence, whenever possible. These notifications may come from either the Help Desk or some other part of Information Technology depending on the source of the problem. Amendments: 11 132 SLA for Dakota County Cities Appendix A: Definitions Acknowledgement Time is the time the Help Desk responds to Customer acknowledging receipt and/or report of incident. Availability—the ability of a component of or an IT service to perform its required function at the required times. Category—a classification of a group of incidents that are similar in a defined way. Customer—the term used to refer to the department, or division using the services. Downtime—the period of time during which a Service or component is not available to customers. Escalation—the mechanism that assists in the timely resolution of an Incident. Impact—the measure of business criticality. Incident — any event which is not part of the standard operation of a service and which causes, or may cause, an interruption to, or a reduction in,the quality of that service. IT Infrastructure — all of the components required to deliver IT Services (e.g. hardware, software, telecom, networks, etc.). Known Error — the status give to a Problem once root cause is identified and a Workaround is developed (if appropriate) Problem—the unknown root cause of one or more existing or potential Incidents. Priority—the value given to an Incident/Problem to indicates its level of importance in the organization. Help Desk—the single point of contact for customers to report incidents/problems and submit service requests. Service Level Agreement (SLA)—a written and signed agreement between IT and internal Customers documenting the delivery and support of IT services. Service Request — a simple request from a Customer that does not involve a failure such as a software installation, enhancement request, etc. Time to Resolve is the total time from incident reported to resolution. Time to Respond is the time the Incident is opened to initial contact by a technician. Underpinning Contract—an agreement made between an external vendor/supplier and IT in support of an SLA. User—the term used to refer to the person who makes day-to-day use of the service. Workaround—a temporary fix to an Incident/Problem that allows the Customer to maintain a level of productivity. 12 133 SLA for Dakota County Cities Appendix B: Maintenance Schedule Maintenance Task Description Frequency Estimated Hours of Outage Windows Updates on Apply Microsoft Monthly 10 hours—from Windows Servers Windows Security approximately 6:30 Patches, Hot-Fixes, p.m.-Midnight one and Hardware Driver Friday per month Updates Avaya Call Pilot Apply fixes As needed—average 1 hour Call Pilot Maintenance 4-5 times per year Server Outage New Windows Server Servers are generally Annually No Server outage Installation and replaced on a four Our Virtualized Replacement year cycle, required environment allows hardware upgrades us to handle these for increased capacity upgrades.We are and performance 100%virtualized. Window Server Upgrade memory, Annually 1 hour Server outage Hardware Upgrades hard drive space, etc. Systems deemed critical will be scheduled for after hours. As operating systems get better the ability to add disk space without interruption to the Servers is coming. Windows Operating Install new versions of Annually 1 hour Server outage System and Service the Operating System during normal Pack Upgrades and/or Service Pack business hours— releases systems deemed critical will be scheduled for after hours. Avaya CS1000 Install fixes or 3-4 Times a Year 2 hour Phone Server Maintenance upgrades to the outage during normal telephony business hours— environment This is deemed critical will be scheduled for after hours. Network Switch Installation of new Annually 2 hour Switch Devices switches outages deemed critical and will be done after hours. Server Firmware Install fixes to correct Annually No Server outage Upgrades hardware and during normal performance business hours— problems; and systems deemed general release critical will be versions scheduled for after hours. We will do these upgrades using 13 134 SLA for Dakota County Cities Vmotion in VMware Remote Office Rotate Server Daily—by designated No outage Windows Servers Tape backup tapes to remote office staff Backup Rotation Information Technology to be sent to Iron Mountain daily Dakota Firewall Rule Update Dakota As needed 1 hour during off Base and Policy Firewall rules and business hours Updates policies Mainframe Software Upgrade Software to Monthly 4 hours during off Fixes and Upgrades , keep current business hours 14 135 !ft%,, City of Farmington 430 Third Street I p I = W Farmington, .,,. l4linncsota :" 651.280.6800•Fax 651.280.6899 A ozowk w+mci.f trmingnann.n n_u.{ TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Amendment No.2 to Disbursing Agreement-Vermillion River Crossings DATE: April 16,2012 INTRODUCTION, On November 2, 2009, Council approved Amendment No. 1 to the disbursing agreement for Vermilion River Crossings. This amendment facilitated reimbursement of expenses related to the completion of the Dushane Parkway project. Under that amendment, any funds remaining after the Dushane Parkway project would roll into the interest for the escrow. Also, under that amendment, the parties agreed to negotiate in good faith related to the disbursement of the portion of the funds designated as"Interest". DISCUSSION Attached is proposed Amendment No. 2 to Disbursing Agreement, which sets forth the agreement for the disbursement of the "Interest"portion of the escrow. In its simplest form,the agreement says that the City will receive all funds designated as interest ($202,160.93), and in exchange, the City will issue a Certificate of Completion to the current owner. What this means is that once the City has received the funds, the City can use them to pay for whatever improvements the City sees fit (lighting, sidewalk, etc.). It also means that the developer/owner is no longer obligated to any of the requirements of the development contract. The following items are provided to assist Council with this decision: • Would provide funding to complete improvements within the project that Council feels are important. • Would allow Council to determine the timing of improvements • The landowner's would have the ability to contest any assessment placed upon the property as a result of the City completing any of the originally agreed upon improvements. From an infrastructure standpoint, all of the roads, storm sewer, sanitary sewer, and water improvements required by the development contract have been completed. The only infrastructure items remaining are sidewalks and lighting. If Council approves this amendment, staff would recommend that the first outstanding infrastructure item completed would be the sidewalk on the west side of Dushane Parkway between the CDA project and McDonald's. This 136 Amendment No.2 to Disbursing Agreement-VRC April 16,2012 Page 2 of 2 would complete the sidewalk/trail loop, and provide pedestrian access between the two parcels. The CDA has already made a request to the City to complete this portion of the sidewalk. Our recommendation would be to complete this section of sidewalk this summer. The following are estimates to complete the remaining infrastructure improvements: • Sidewalk from CDA project to McDonalds: $40,000-$50,000 • Intersection Lighting: $75,000-$100,000 • Future sidewalk/trail work: $50,000-$55,000 From an amenities/aesthetics standpoint, many of the originally contemplated improvements have not been made. Landscaping in the medians, exposed aggregate sidewalks, benches, trellises, and raised planters were all eliminated from the bid when Dushane Parkway was completed, because the costs were substantially more than the money available in the escrow. Should Council want to preserve the option of completing all of the amenities/aesthetic elements, the amendment should not be approved as this would make assessing these costs back against the properties more difficult. However, adding additional assessments to the remaining properties in the development would only add to the current difficulties in developing and marketing the properties. For reference, the deferred assessments attributable to the large lot in the middle of the development and to the outlot along CSAH 50 are: Large central lot: $1,478,900(approximately$2.30 per square foot) Outlot along CSAH 50: $ 306,830(approximately$2.26 per square foot) Completion of the amenities/aesthetics, based on the bids received in 2009, would cost approximately $800,000 (an additional $1.13 per square foot on each of the parcels described above.) BUDGET IMPACT Approval of this amendment would make $202,160.93 available for use to complete sidewalk/trail and lighting infrastructure within the development. ACTION REQUESTED By motion approve the attached "Amendment No. 2 to Disbursing Agreement" related to the Vermillion River Crossings development. Respectfully submitted, Kevin Schorzman, P.E. City Engineer cc: file 137 Print Preview Page 1 of 1 �.W Dakota County, MN , . 4. .. . t. } j; It "'999,,,t t '- + '-S.� ' � • ti• I , „. c„....L.0,--v...., . (6.,.. , , . ii Outlot along CSAH 50 ye.4 -- It F r--' _ ____ „,_Ira DI, ideb'ialk between C l 1 ^- 4: ,and McDonalds rf / `;, Lire - f_:_iiLfril P.-III—1 vita w� -,' _- _-_ � ,,r \\ -- \ 77 - • ', • r ., N}'t4 8: b- .' ___, Iliiiill r 4.,y.. a .e Lai,.1. Tt i Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch =271 feet appraisal, survey, or for zoning verification. http://gisx.co.dakota.mn.us/website/dakotanetgis/prii1 eview.aspx?PrintOptData=Dakota ... 4/11/2012 AMENDMENT NO. 2 TO DISBURSING AGREEMENT THIS AMENDMENT NO.2 TO DISBURSING AGREEMENT("Amendment No.2"),made and entered into as of this day of , 2012,by and among Farmington Land, LLC,a Delaware limited liability company("Current Owner"); Commercial Partners Title, LLC,a Minnesota limited liability company, as agent for Chicago Title Insurance Company("Title Company"); and the City of Farmington ("City"). RECITALS WHEREAS, Dougherty Funding LLC, a Delaware limited liability company ("Dougherty"or"Lender"), as predecessor in interest to the Current Owner, LAND,LLC, a Minnesota limited liability company("Borrower"),the former owner of the Property (as defmed in the Original Agreement),the City and the Title Company entered into that certain Disbursing Agreement dated September 25, 2007("Original Agreement"),as amended by that certain Amendment No. 1 to Disbursing Agreement dated October 29, 2009 ("Amendment No. 1")(the Original Agreement and Amendment No. 1 shall be collectively referred to herein as"Disbursing Agreement");and WHEREAS,Dougherty made a loan to Borrower in the maximum principal amount of$5,600,000 ("Loan"). To secure the repayment of the Loan,the Borrower executed and delivered to Dougherty that certain Amended and Restated Construction Mortgage, Security Agreement,Assignment of Rents and Leases and Fixture Filing dated as of September 25,2007 and filed with the office the Dakota County Recorder on September 28,2007 as Document No. 2547154("Mortgage")pursuant to which Borrower granted Dougherty a first priority lien and security interest in the Project and the assets related thereto. WHEREAS,the Borrower defaulted under the terms of the Mortgage. Dougherty assigned all of its right,title and interest in the Loan including but not limited to the Mortgage to Current Owner pursuant to an Assignment of Construction Mortgage, Security Agreement,Assignment of Rents and Leases and Fixture Filing and other loan documents dated January 21, 2011,which was filed in the office of the Dakota County Recorder on January 24, 2011 as Document No.2781026. As a result of the defaults under the Loan,Dougherty commenced foreclosure proceedings pursuant to Minn. Stat. Section 580.01, et seq., and Current Owner was the successful bidder at the sheriff's sale conducted on March 18,2011,as evidenced by the Sheriff's Certificate of Sale executed by Dave Bellows as Sheriff of Dakota County, Minnesota, and filed in the office of the Dakota County Recorder on March 24,2011 ("Sheriff's Certificate"). The redemption period expired on September 18, 2011 and no redemption was made. Accordingly,the Current Owner acquired title to the Project and all other personal property described in the Mortgage. WHEREAS,the City has completed all Dushane Parkway Construction(as defmed in Amendment No. 1)and,therefore,the City seeks disbursement of escrowed 1 139 funds under the Disbursing Agreement for the reimbursement of the City's costs in connection therewith;and WHEREAS,the City has agreed to issue its Certificate of Completion in exchange for disbursement to the City of all amounts held by the Title Company pursuant to the Disbursing Agreement, including all interest, and the City may use said amounts to complete any remaining improvements required under that certain Development Contract between the City and Borrower's predecessor-in-interest Vermillion River Crossing, LLC,a Minnesota limited liability company("Vermillion"), dated August 1, 2005 and filed October 26, 2005 as Document No.2374405 with the Office of the Recorder in Dakota County, Minnesota,as amended by First Amendment to Development Contract between the City and Borrower's predecessor-in-interest Vermillion and consented to by Lender dated May 15,2005 and filed May 22, 2006 as Document No.2431725 with the Office of the Recorder in Dakota County,Minnesota,as amended by Second Amendment to Development Contract between the City and Borrower's predecessor-in-interest Vermillion and consented to by Lender dated September 24, 2007 and filed October 4, 2007 as Document No.2548303 with the Office of the Recorder in Dakota County, Minnesota,as amended by Third Amendment to Development Contract between the City and Borrower's predecessor-in-interest Vermillion and consented to by Lender dated December 15,2008 and filed January 27,2009 as Document No. 2632971 with the Office of the Recorder in Dakota County, Minnesota,as amended by Fourth Amendment to Development Contract between the City and Borrower and consented to by Lender dated May 4, 2009 and filed on September 2,2009 as Document No.2682049 with the Office of the Recorder in Dakota County, Minnesota(collectively referred to herein as the"Development Agreement"). NOW, THEREFORE, in consideration of the sum of One Dollar($1.00)and other mutual covenants and agreements herein contained,the parties hereto agree as follows: 1. The City has provided the Title Company with the following items required by Amendment No. 1: a. A pay request executed by the City for the Dushane Parkway Construction (as defined in Amendment No. 1); b. Waivers of mechanic's liens and materialman's liens from all laborers and materials suppliers for the Dushane Parkway Construction(as defined in Amendment No. 1); c. Copies of all laborers' and materials suppliers' invoices related to the Dushane Parkway Construction(as defined in Amendment No. 1);and d. Written confirmation from the City that the Dushane Parkway Construction(as defined in Amendment No. 1)has been completed. 2 140 2. Upon execution of the Certificate of Completion attached hereto as Exhibit B and delivery to the Title Company of the executed Certificate of Completion,all remaining escrowed funds including escrowed funds designated as"Interest"on Exhibit A attached hereto(collectively,the"Remaining Escrow Amount") shall be disbursed to the City and shall be used to make such remaining improvements required under the Development Agreement as the City may determine in its sole discretion. The City agrees and acknowledges that the Borrower and the Current Owner shall be deemed to have fully satisfied all obligations under the Development Agreement upon payment of the Remaining Escrow Amount to the City by the Title Company. Upon the City's receipt of the Remaining Escrow Amount,the Title Company shall file the Certificate of Completion with the Dakota County Recorder. After such filing,-the Title Company shall deliver the original recorded, executed Certificate of Completion to the Current Owner. The parties agree and acknowledge that they have completed the good faith negotiations required under the second paragraph of Paragraph 20 of the Disbursing Agreement and this Amendment No.2 represents the resolution of all remaining issues under the Development Agreement and the Disbursing Agreement. 3. The City represents and warrants that it does not hold nor has it ever received a letter of credit as security for the obligations under the Development Agreement or otherwise with respect to the Current Owner's property that is the subject of the Development Agreement. 4. In the event of a conflict between the terms of the Disbursing Agreement and the terms of this Amendment No.2,the terms of this Amendment No. 2 shall prevail. 5. This Amendment No. 2 shall be binding upon the parties hereto and their respective successors and assigns. 6. This Amendment No. 2 constitutes the entire agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Development Agreement and/or Disbursing Agreement. There are no verbal agreements that change this Amendment No. 2 and no waiver of any of its terms will be effective unless in writing executed by the parties. 7. This Amendment No.2 may be executed in any number of identical counterparts each of which shall be deemed to be an original and all,when taken together, shall constitute one and the same instrument. A facsimile or similar transmission of a counterpart signed by a party hereto shall be regarded as signed by such party for purposes hereof. [THE REMAINDER OF THIS PAGE SHALL REMAIN BLANK] 3 141 IN WITNESS WHEREOF,the parties hereto have executed this Amendment No. 2 to be effective as of the date and year first above written. CURRENT OWNER: FARMINGTON LAND, LLC, a Delaware limited liability company By: Its CITY: CITY OF FARMINGTON By: Its TITLE COMPANY: COMMERCIAL PARTNERS TITLE,LLC, a Minnesota limited liability company, as Agent for Chicago Title Insurance Company By: Mark Goodman Its Vice President 4 142 EDIT A ESCROWED FUNDS $900,000 Funds for Dushane Parkway Extension Project Construction, City of Farmington Project No. 09-7 $202,160.93 Interest Exhibit A 143 EDIT B CERTIFICATE OF COMPLETION [SEE ATTACHED] Exhibit B 144 CERTIFICATE OF COMPLETION WHEREAS,the City of Farmington, a municipal corporation organized under the laws of the State of Minnesota ("City"), and LAND, LLC, a Minnesota limited liability company ("Developer"), are parties to that certain Development Contract between the City and Developer's predecessor-in-interest Vermillion River Crossing, LLC, a Minnesota limited liability company ("Vermillion"), dated August 1, 2005 and filed October 26, 2005 as Document No. 2374405 with the Office of the Recorder in Dakota County, Minnesota, as amended by First Amendment to Development Contract between the City and Developer's predecessor-in-interest Vermillion and consented to by Dougherty Funding LLC, a Minnesota limited liability company ("Lender") dated May 15, 2005 and filed May 22, 2006 as Document No. 2431725 with the Office of the Recorder in Dakota County, Minnesota, as amended by Second Amendment to Development Contract between the City and Developer's predecessor-in-interest Vermillion and consented to by Lender dated September 24, 2007 and filed October 4, 2007 as Document No. 2548303 with the Office of the Recorder in Dakota County, Minnesota, as amended by Third Amendment to Development Contract between the City and Developer's predecessor-in-interest Vermillion and consented to by Lender dated December 15, 2008 and filed January 27, 2009 as Document No. 2632971 with the Office of the Recorder in Dakota County, Minnesota, as amended by Fourth Amendment to Development Contract between the City and Developer and consented to by Lender dated May 4, 2009 and filed on September 2, 2009 as Document No. 2682049 with the Office of the Recorder in Dakota County, Minnesota (collectively referred to herein as the "Development Agreement"), which Development Agreement sets forth the terms and conditions of the development of certain real property, legally described on the attached Exhibit A("Property"). WHEREAS, the Property has been developed and all conditions under the Development Agreement have been satisfied; WHEREAS, Farmington Land, LLC, the current owner of the property, has requested and the City has agreed to release the Property from the Development Agreement. 1 145 NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City acknowledges and agrees that the terms and conditions of the Development Agreement have been fully satisfied, and the City hereby releases the Property from any and all terms and obligations of the Development Agreement. IN WITNESS WHEREOF, the parties have caused this Certificate of Completion to be duly executed to be effective as of the day of , 2012. CITY OF FARMINGTON By: Its: STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of ,2012,by ,the , of THE CITY OF FARMINGTON, a municipal corporation organized under the laws of the State of Minnesota,on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: OPPENHEIMER WOLFF&DONNELLY LLP (CAE) 3300 Plaza VII 45 South Seventh Street Minneapolis,Minnesota 55402-1609 (612) 607-7000 2 146 EXHIBIT A LEGAL DESCRIPTION The South One-half of the Northeast Quarter (S '/2 of NE 'A) of Section 36, Township 114, Range 20, Dakota County, Minnesota, EXCEPTING therefrom the West Ten (W.10) acres thereof, AND EXCEPTING as follows: Commencing at the Northeast (NE) corner of the Southeast Quarter of the Northeast Quarter (SE 'A of NE 'A) of said Section 36;thence south(assumed bearing)along the East line thereof a distance of 315.0 feet;thence South 89 degrees 38 minutes 06 seconds West parallel with the centerline of Minnesota Hwy. No. 50 a distance of 111.0 feet to its intersection with a line 50.0 feet easterly of the centerline of CSAH No. 31; thence North 05 degrees 30 minutes West parallel with said centerline a distance of 9.11 feet to the beginning of a tangent curve to the right, radius of 1859.86 feet; thence northerly along curve which is concave to the East, central angle of 06 degrees 10 minutes, 50 feet easterly of and parallel with said centerline, a distance of 200.17 feet to the point of tangency;thence North 00 degrees 40 minutes East along tangent to said curve a distance of 105.54 feet, more or less, to its intersection with the North line of said Southeast Quarter of the Northeast Quarter(SE '/a of NE 'A), thence easterly along said North line to the point of beginning; AND EXCEPTING a 100 foot wide tract of land in the Southeast Quarter of the Northeast Quarter (SE 'A of NE '/a) of said Section 36, the centerline of said tract of land being described as follows: commencing at a point 319.92 feet West and 312.75 feet North (assuming the East line of said SE %a bears North) of the Southeast corner of said SE 'A; thence North 38 degrees 30 minutes East for a distance of 14.29 feet; thence Easterly a distance of 200.70 feet along a tangential curve concave to the South having a radius of 250.0 feet and a central angle of 46 degrees 00 minutes; thence North 84 degrees 30 minutes East for a distance of 65.0 feet;thence Southeasterly a distance of approximately 74.0 feet along a tangential curve concave to the South having a radius of 150.0 feet and a central angle of 50 degrees 00 minutes to the East line of said SE 'A, and said centerline there terminating. The side lines of said 100 foot wide tract of land are shortened or extended to intersect the East line of said Southeast Quarter (SE '/4) of the Northeast Quarter(NE 1/4),all according to the Government Survey thereof. 3 2814657 v.6 147