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HomeMy WebLinkAbout06.17.96 Council Packet . -- AGENDA COUNCIL MEETING REGULAR JUNE 17, 1996 1. CALL TO ORDER - 7:00 P.K. 2. PLEDGE OJ' ALLEGIANCE 3 , ACI<HOWL~LOYEBS COHP LETING HANA~ A.CADEHY ~ v..~ Su.- ~ ~\~ i\ __"._ Y\I\\iiVtJi _ MJ.- · ,"'APPROVs AGBRDA 5'e. ) " p - '(J t:b -:.. ;V lot - ~ ~ 0- S. CITIZENS COMMENTS (5 minute limit per person for items not on Agenda.) a. b. c. d. Response to Weed Control Complaint American Legion parking Lot Sweeping Well Problems at 3310 W. 209th Street Restoration of Property at 3221 W. 213th Street Fire Pit/Recreational Fire Controls ~~ ~ ~\~ CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) 0- Approve Minutes - 6/3/96 (Regular), 6/10/96 (Workshop) Adopt Resolution Approving Development Agreement - TroyHill 3rd Adopt Resolution Approving Development Agreement - Nelsen Hills Farm 5th Addition Adopt Resolution Ordering Feasibility Study for Larch Street Entrance Approve ALF Ambulance 1997 Budget Authorize Advertisement for Bids for Towing Contract Pool Update/Award Pool Lighting Contract/Approve Change Order Approve School/Conference Request - Finance Receive Spring Clean Up Day Final Totals Approve Building Inspection Services Contract for Elementary School Construction/Increase Part Time Inspector's Hours Receive First Quarter Sewer Flow Report Authorize Advertisement for Bids - Sale of Obsolete Solid Waste Dumpsters Approve Capital Outlay Request - Purchase of Recycling Bins Approve Capital Outlay Request - Purchase of Numbers for Solid Waste Containers Adopt Ordinance Rezoning Lots 8 and 9, Block 17, Town of Farmington from B-2 to R-2 Adopt Resolution Approving Development Agreement - prairie Creek Fourth Adopt Resolution Approving Development Agreement - Townhomes of Nelsen Hills Farm Adopt Resolution Adopting Dakota County Cluster Action Plan Adopt Resolution Accepting Donation to Senior Center Approve Payment of the Bills e. 6. a. b. c. d. e. f. g. h. i. j. k. 1. m. n. o. p. q. r. s. t. 7. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7:30 P.M. 1996 Seal Coat Project Assessments - Continuation b. 7:30 P.M. - Lexington Standard Grading Permit 8 . PETITIONS, REQUESTS AND COMMUNICATIONS 9. UNFINISHED BUSINESS a. Dismiss Action - Castle Rock Township/Dakota County Fair Board b. Street Light Standard~il~ \ C. ~ Ptf~~--,~~ ~ 10. NEW BUSINESS a. Discuss Parental Responsibility Ordinance 11. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS a. HPC Context Study Report/Presentation 12 . ROUNDTABLE a. Tree Replacement at 1005 4th Street 14 . ADJOURN -. 1J SUBJECT: Mayor and Councilmembers John F. Erar, City Administrato~ Supplemental Agenda Items TO: FROM: DATE: June 17, 1996 It is requested that the June 17, 1996 agenda be updated as follows. Item 5e - Recreational Fires/Fire Pits. A follow up memo to the meetings between staff and residents involved in this issue is attached. Staff believes the matter has been resolved. Item 6p - prairie Creek Fourth Addition Development Agreement. Several questions have been raised which need to be resolved before approval of the development agreement. Council is requested to delay action until the July 1st Council meeting. It is recommended that the above information be added to the Agenda. ectfully submitted, ;(~ John F. Erar City Administrator I CitlJ of Ftfrmintjton 325 Oalc Street · FarminfJton} MN 55024 · (612) 463.7111 · Fa~ (612) 463.2591 TO: Mayor and counCilmemberS~ FROM: Ken Kuchera, Fire Chief SUBJECT: Recreational Fires DATE: June 14, 1996 INTRODUCTION At the June 3rd Council meeting, Steve Mann presented concerns about fire pits in the Limerock Ridge subdivision. The fire pits in question are located at 19442 and 19452 Elmwood Circle. DISCUSSION Staff met with the residents of 19442 and 19452 Elmwood Circle (Lisa Brandt, and Elizabeth and Rudy Garcia) on Friday, June 14th to discuss Mr. Mann's concerns. Mr. Mann was invited but chose not to attend. Attached are a written statement from these residents and a petition signed by other Limerock Ridge residents. The discussion made it clear that they wanted to be good neighbors and would take any reasonable steps needed to resolve the issue. After the meeting, I met with Steve Mann at his home to discuss the position of his neighbors. I then again talked with the Garcias and Lisa Brandt. It is the understanding of all three parties involved that if smoke from these recreational fires causes a problem for Mr. Mann within his home, the fires will be extinguished. ACTION REQUIRED At this time, I believe this matter has been resolved. If concerns resurface, we will need to revisit the issue. YdJ;~ ~:: Kuchera / /, Fire Chief ---- CitlJ of Ftfrmintjton 325 Oak Street · FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 cc: Mayor Kuchera, Farmington City Council Members To: From: Mr. Ken Kuchera Lisa and David Brandt, 19442 Elmwood Circle, Fannington Liz and Rudy Garcia, 19452 Elmwood Circle, Fannington June 11, 1996 Recreational Fire Pits Date: Subj. We would like to respond to the letter dated June 3,1996, and written by Mr. Steve Mann. Me Mann presented this letter to the city council on June 3, 1996, where he expressed his concern about recreational fires. It is our position that the recreational fires at 19442 Elmwood Circle and 19452 Elmwood Circle are properly attended and pose no danger to the surrounding properties, including Mr. Mann's. ? Me Mann cites the 1991 Uniform Fire Code for much of his argument The specific fire pits he has complaints about meet and exceed the 1991 Uniform Fire Code. As to rule #1 - location - there'is no pit closer than 25' to any home. In fact, they are of a distance that exceeds 50'. Please review the attached diagram of the area. Due to the fact that these are new construction homes there is not a great deal of landscaping, dry brush or trees around. Weare baffled about concerns of flying sparks landing in Mr. Mann's yard and possibly starting a fire of catastrophic consequences. Mr. Mann has a dirt yard. As to flying sparks in general, we feel they really are no more dangerous to homes than wood burning fireplace sparks are. There are wood burning fireplaces in Limerock Ridge and as far as we know there are no complaints against these. Mr. Mann does not provide any logical explanation as to how one spark could start a fire that would have catastrophic consequences. Mr. Mann repeatedly indicates he feels lot size is a problem. It is our position that lot size is not an issue because Farmington has traditionally allowed recreational fires in residential areas without restriction to lot size. Mr. Mann also addresses the issue of noise. We believe the fire pits are not the cause of the noise. Whether fire pits are allowed or not - we will still enjoy our yard with our children, our friends, our children's friends and our neighbors. We believe that when we are enjoying the time in our yard we are well within the city regulations governing noise. As for smoke entering his home - perhaps it is more accurate to say the scent of burning wood may enter his home. He may find this offensive, but there are many odors from the outdoors that can 'be offensive. Weare sensitive to smoke. ~ntering open windows and are willing to work with Mr. Mann on this issue. '. As to rule #2 - fire extinguishing equipment - there is a garden hose available at the fire pits when lit. In addition, both the Brandt's and the Garcia's have home fire extinguishers. Also, due to the nature of Mr. Brandt and Mr. Garcia's occupation they have been trained in fire prevention. The fires are completely extinguished at the end of the evening by applying generous amounts of water and turning the coals. We ensure that no burning or smoldering coals are left unattended. As to rule #3 - attendance - without a doubt these fires are AL WAYS supervised by an adult. We would support a change in the wording of the ordinance to replace attendant with adult. As to rule #4 - discontinuance - We would like to guarantee the chief would not have to point out a hazardous condition to us. We work very hard to provide a home for our families with no desire to see them go up in smoke. If for some reason we wouldn't recognize a hazardous situation, we would in no way interfere with an order from the chief to discontinue a fire. It is important for you to know that we have not been issued any citations showing we have violated the recreational fire ordinance. It is our position that recreational fires do not constitute a hazardous condition. Mr. Mann has not specifically shown that our fires pose a hazardous condition or that we have acted in a negligent manner towards this ordinance. Attached is a petition of almost all the homes in Limerock Ridge. You can - clearly see that we are not alone in the position of believing that recreational fire pits are not a disturbance or a hazard to residents of Limerock Ridge. It is also important for you to know that Mr. Mann has never approached us during these recreational fires to voice his concern. At the time Mr. Mike Palm issued the Garcia's their permit, he informed the Garcia's there was a neighbor lodging complaints with the city. After hearing this the Garcia's approached Mr. Mann in the hopes of discovering which neighbor was concerned about the fires. It was then that Mr. Mann stated that the fires "are an invasion of his privacy" and that smoke enters his home and clings to his suits. We tried to reach a compromise explaining that a prevailing wind in his direction would prevent us from having a fire, but occasional light wind shifts were out of our control. We have met our neighbors and grown as a community due to this activity. We even invited Mr. Mann and his wife to come out and enjoy the time with us, they chose not to. Mr. Mann speaks of respect and consideration from his neighbors. We asked the same of him the night we spoke. We asked that ifhe saw any concerns with the fire to please come and speak to us before complaining to the city. We left thinking we had resolved at least some of this, at the very least he would have the decency to approach us with his concerns. We were obviously mistaken. -.. We have spent many hours gathering signatures, composing this letter, and basically just trying to understand why we are here. We have followed the regulations, we enjoy an activity that keeps our children in their own yards, we provide supervision for this to be a safe, memory making time for us as a family and a community. Mr. Mann came to Farmington with what appears to be a preconceived idea of the status of this area. We have never seen any literature that refers to Farmington as a "suburban" community or of Limerock Ridge being an "upper scale" new residential area. If, to be a suburban community means you complain to the city council and request a change in an ordinance that clearly his neighbors support, that when you have a concern about a neighbor's activity you approach a council per~on instead of your nejghbor, then- you can,,;,.. . ;; have it. There are no fences yet in the back of the yards adjoining ours, we enjoy the space together, children playing from one yard to the next. If Mr. Mann's idea of Farmington living doesn't include this, then he needs to make his own decision about what he must do, not impose a lifestyle or restriction on his neighbors. The danger lies not in the fire pits, but in neighbors such as Mr. Mann who hide behind his blinds afraid to speak face to face with his neighbors. Attachments: . Petition . Diagram of location of fire pits - .. We need your help. There is a resident of Limerock Ridge filing complaints with the City of Farmington against the privilege of residents having recreational fires. It is a possibility this activity could be abolished totally. The purpose of this petition is to show support for recreational fires, not to put neighbor against neighbor.. We believe that recreational fires are a wonderful part of Ii ving in the City of Farmington. We believe the city has established clear and concise regulations, that when followed, provide for a safe environment for everyone. We trust that the city, through its regulations, issue fire permits to those individuals who will abide by the gUIdelines set by the city. For the pu~e of addressing the complaints in the Limerock Ridge subdivision, the petitioners all reside In the Limerock Ridge subdivision in the eil)' of Farmington. Show your support by signing below. This petition will be presented to the Fanmngton fire chief. 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Rtf/a EtrnUJood CA re/e i9:J?Z- ;;-LLI:.ver~tV fK. .H~1"1 '-I/,~k -r; /'i3/';' E//;1!J hn Tr j~3~1 ~.'ll'n5-b)\/\ ~; L J~~$17J1~~h~_~~ jh1'>tl~ (f1Z,5~ ~\~~ II" ~ ~ MrQ l"rlV'-'~~__r" Address A~n/~fJING-wJ--rr . I~ c-?L/A/6?dAJ ~c:. /1.f':L7 ./b~~ fa.. . - /fJ37 f'JI{~~T~ -' 9 ~ 7- 1 f=.?..L/ Alc..~ ~C- jqJi2 Z-/I//Z).J;xJ I-,.;;J. ,({3o;;" r'.:l/-r- ~ 5D3g -IQ3'11s-. . .5"Olt /9_3rd Sf. w. )9~~S- t:l""...,coJ c..~,. Iq'1~ (..h."wccd G, r- 1- -::::< ~ TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen Administrative Assistant SUBJECT: Completion of Management Academy DATE: June 17, 1996 INTRODUCTION The 1996 graduates of the Management Academy, Dwight Bjerke, Mary Hanson, Lena Larson, Rich Schindler and Jerome Wacker will be present to accept congratulations for completion of this excellent course. DISCUSSION The Management Academy is a highly credited educational program designed to improve skills and effectiveness of supervisors and employees in the public sector. Our employees have been attending the Academy since 1993 and following is a list of past graduates: Paul Asher Joy Lillejord Jerry Bauer John Manke Jim Bell Kevin Mincke Ted Dau Dan Siebenaler Karen Finstuen Bud Steigauf Don Hayes Rosemary Swedin Tom Kaldunski ACTION REQUIRED Approve proclamation recognizing and honoring the 1995/1996 graduates of the Management Academy. Respectfully submitted, ~~~ Karen F instuen Administrative Assistant CitlJ of Farmintjton 3250alc Street · FarminfJton, MN 55024 · (612) 463.7117 · Fait (612) 463.2591 50.. TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen, Administrative Assistant SUBJECT: Citizen Comments Action on Weed Complaint DATE: June 17, 1996 INTRODUCTION Response to a citizen comment at the May 20th Council meeting regarding a weed ordinance violation was sent to the wrong property owner. DISCUSSION Henry Iwerks had informed Council at the May 20th meeting of a property which was in violation of the City's weed control ordinance. In accordance with policy, staff acted on the complaint. Unfortunately, the property inspected was not the property in question; and, the property owner was informed of the complaining party's identity. This type of error was unintentional and steps have been taken to correct this situation. In the future, staff will contact the complaining party to confirm the facts. A letter of apology has been sent to Mr. Iwerks. ACTION REQUIRED This memo is for information only. Respectfully submitted, ~u.u -;17,. ~ Karen Finstuen Administrative Assistant CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 June 10, 1996 Henry Iwerks 1105 Sunnyside Drive Farmington, MN 55024 Dear Mr. Iwerks, In response to your concerns raised at the June 3, 1996 Council meeting, the City apologizes for any discomfort caused you by staff's response to your May 20th request for action on a weed control violation. After listening to the recorded proceedings of the May 20, 1996 meeting, it was clear that the property to which you referred was the property "north of 209 4th Street", rather than 209 4th Street as staff thought you had stated. It is City policy to respond to complaints made by residents quickly, unfortunately in this case, we were not correct on which property was in violation. In the future, we will contact citizens making complaints at Council meetings prior to taking action to assure both the citizen and ourselves that we have the correct information. In an effort to maintain the confidentiality of the person complaining, the City strongly encourages residents to discuss their concerns more privately. In the future, should you wish to remain anonymous, please use the City's Citizen Request process. Again, please accept our apologies for any inconvenience this situation has caused. If you have any further questions related to this matter, please contact me at 463-7111. Sincerely, Karen Finstuen Administrative Assistant 5b TO: Mayor, Councilmembers and City Administrator FROM: Thomas J. Kaldunski, P. E. Director of Public Works/City Engineer SUBJECT: American Legion Parking Lot Sweeping DATE: June 17, 1996 INTRODUCTION The City has received a request from the American Legion to sweep their parking lot, at no cost, before they have it stripe painted. DISCUSSION Occasionally, the City receives requests for services from private parties. These requests involve the use of City crews to do work on private property. Council establishes equipment rental rates each January to recover the cost of this service. The 1996 rate for street sweeping is $87 /hour, including the operator. Disposal of the materials collected involves trucking, which is at a rate of $54/houL The City has provided these services to others in the community, such as I.S.D. 192 and the FAA Center, and has charged the established rental rates. Other organizations have requested these types of services and have chosen to use private contractors. Providing services without charging user fees would set a precedent that would not be in the City's best interest. RECOMMENDATION It is recommended the City continue with existing City policy of charging for these types of services. 1Z:;.y SUPJU Thomas IL'.m.ki. P.E. Director of Public Works/City Engineer TJKIll cc: file Wayne Henneke Jerry Bauer TJK Ed Nelson CitlJ of Farmintjton 325 Oak Street · FarmintJton, MN 55024 · (612) 463.7111 · Fait (612) 463-2591 5c- TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Citizen Complaint - Mr. Darrell Moench, 19 Elm Street DATE: June 17, 1996 INTRODUCTION Mr. Moench appeared at the June 3, 1996 Council meeting on issues relating to well problems being experienced by his daughter at 3310 W. 209th Street. As Council is aware, this situation is currently being handled by the City's insurer, League ofMN Cities Insurance Trust (LMCIT). Unfortunately, there have been some complications in this matter which still need to be resolved prior to any formal resolution. DISCUSSION At this time, I have met with Mr. Moench and spoke with LMCIT about the situation. A meeting has been scheduled to discuss options available to all parties concerned. One complication has been restrictions imposed by Dakota County on "sand points" which essentially prohibits anyone but the owner of the property to perform any type of sand point repairs. With cooperation from all parties involved, it is hoped that this restriction can be mitigated to bring closure to this matter in the near future. Accordingly, further review and discussion is necessary in order to determine the extent and cost of any proposed solution. Council will be kept informed on any progress. ACTION REOUESTED For information only. Respectfully submitted, / Ci 0Jt ;/~ ;1:~ ~. Erar City Administrator CitlJ of FtfrminfJton 325 Oak Street · Farminqton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 TO: h' ~, ; --XJ Mayor, Councilmembers and City Administrator FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Restoration of Property at 3221 W. 2l3th Street DATE: June 17, 1996 INTRODUCTION Laura Adelmann appeared at the June 3rd Council meeting with concerns regarding additional restoration work needed on her property. DISCUSSION Staff reviewed the property and has restored the property to its original condition. ACTION REQUESTED This memo is provided as information only. ;Z:;;:ll~, Thomas J. Kaldunski, P. E. Director of Public Works/City Engineer TJK/ll cc: file Jerry Bauer Donajo Heikes TJK Laura Adelmann CitlJ of FtfrminfJton 325 Oak Street · Farm;nf/ton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 ~ TO: Mayor, Councilmembers, City Administrator FROM: Mary Hanson Clerk Typist SUBJECT: Recreational Fires/Fire Pits DATE: June 17, 1996 INTRODUCTION At the June 3rd Council meeting, a resident of Limerock Ridge expressed his concerns regarding fire pits and recreational fires within new suburban neighborhoods. DISCUSSION Following the June 3rd meeting, a resident of Limerock Ridge brought a petition signed by neighborhood residents to City Hall requesting that fire pits and recreational fires continue to be allowed within their subdivision. A meeting has been scheduled with representatives of this side of the issue, Fire Chief Kuchera and staff for Friday, June 14th, to try to work out an amicable solution. Steve Mann, the complaining party, has declined to attend. If a solution cannot be reached, this issue will be placed on the July 1st Council agenda for discussion. Staff will inform Council of the meeting's outcome at the June 17th meeting. ACTION REQUESTED Defer action on this issue until the July 1st Council meeting depending upon the outcome of the June 14th meeting. )iJ!Respe~ctfu~lY submitted, / U.t1. /~ ary Hanson . Clerk Typist CitlJ of Ftfrmintjton 325 Oalc Street · FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 / (oc; / TO: Mayor, Councilmembers, City Administrator FROM: Charles Tooker, City Planner SUBJECT: TroyHill 3rd Addition Developers Agreement DATE: June 17, 1996 INTRODUCTION TroyHill PUD was approved last year and the plat for the 3rd Addition was approved two weeks ago subject to the signing of a development agreement. DISCUSSION The 3rd Addition has moved quickly through the platting process since the tough issues were resolved during discussions of the 2nd Addition. The Developers Agreement is somewhat abbreviated since the site was already graded as part of the 2nd Addition. ACTION REQUIRED Adopt a resolution approving the development agreement and authorizing its execution. d:lC t '1/ ;'Zd. Charles Tooker City Planner CitlJ of Ftfrminf/,ton 325 Oalc Street · FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 PRO P 0 SED RESOLUTION APPROVING DEVELOPMENT AGREEMENT - TroyHill 3rd Addition - Pursuant to due call and notice thereof, a special meeting of the City cbuncil of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to a resolution of the City Council the TroyHill 3rd Addition preliminary plat and the signing of the final plat was approved contingent upon, among other things, the signing of a development agreement; and WHEREAS, a development agreement is now before the Council for its consideration setting forth, among other things, the following: Surety Surface Water Management Fees Water Main Trunk Area Charge Sanitary Trunk Sewer Area Park Dedication $621,392.32 $ 47,139.08 $ 18,160.20 credit to Developer $ 23,745.70 $ 24,000.00 NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned developer's agreement, a copy of which is on file in the Clerk's office, is h~reby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of June, 1996. Mayor Attested to the ____ day of June, 1996. Clerk/Administrator SEAL DEVELOPMENT CONTRACT AGREEMENT dated this 17th day of June, 1996, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Builders Development, Inc., a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for TroyHill 3rd Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: Outlot C, TroyHill 2nd Addition, Township 114 North, Range 23 West, Dakota County, Minnesota. 2. Conditions of Approval. The City hereby approves the plat on the condition that: a. the Developer enter into this Agreement; and b. the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Final Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 1 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. 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. Zoning/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System h. Sidewalks and Trails b. Water System (trunk and lateral) i. Site Grading and Ponding c. Storm Sewer j. Traffic Control Devices d. Streets k. Setting of Lot & Block Monuments e. Concrete Curb and Gutter l. Surveying and Staking f. Street Signs m. Landscaping, Screening, Blvd. Trees g. Street Lights 2 The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. 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 preconstruct ion 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 reproducible "As Built" plans. The Developer shall also supply the City with a 3.5" diskette containing the following information in an Autocad Release 12 compatible format (.dwg or .dxf files) : - approved plat - proposed utilities (storm sewer, water main, sanitary sewer) - layer names should be self explanatory, or a list must be included as a key. If the Developer does not provide such information, the City will digitize the data. All costs associated with digitizing the data will be the responsibility of the developer. 7. Time of Performance. The Developer shall install all required public improvements by October 30, 1997. 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. 3 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. If all improvements are installed by one contractor, the warranty period shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. If streets and underground utilities are installed by separate contractors, the warranty period on streets shall commence after the final wear course has been installed and accepted by City Council resolution and the warranty period on underground utilities shall commence following their completion and acceptance by the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. 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 standard specifications for utilities and street construction 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 the plans approved for TroyHil1 2nd Addition. 11. Erosion Control and Fees. An erosion control plan submitted with TroyHill 2nd Addition and approved by the City Engineer 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 backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched 4 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, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for a $350.00 Erosion and Sediment Control fee based upon the number of lots in the plat, plus inspection fees at the current rate of $39.00 per hour as charged by the Soil and Water Conservation District. The Developer is also responsible for a Water Quality Management Fee of $317.50 based upon the number of acres in the plat. 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. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any 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. For purposes of this requirement, outlots shall not be deemed to have been final platted. 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. 5 14. Effect of Subdivision ~proval. 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 any may require submission of a new plat. 15. Surface Water Management Area Fee. The Developer shall pay an area storm water management charge of $ 49,789.08 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer will receive a credit of $2,650.00 for storm sewer oversizing which produces a net surface water management area fee of $47,139.08. 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. 6 17. Water Main Trunk Area Charge. The Developer shall pay a water area charge of $19,951.70 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer shall receive an oversizing credit of $25,898.00 which will be added to credits carried over from the two previous additions resulting in an obligation of the City to the Developer of $18,160.20 which will be applied to subsequent phases. 18. Sanitary Trunk Sewer Area. The Developer shall pay a sanitary trunk sewer area charge of $27,624.10 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer shall receive a credit of $2,913.20 for sanitary sewer oversizing which produces a net sanitary sewer trunk area charge of $23,745.70. 19. Park Dedication. The Developer shall pay a park dedication fee of $24,000.00 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the 7 lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Sealcoating. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $3,939.54 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 21. GIS Fees. The Developer is responsible for a Government Information System fee of $800.00 based upon the number of lots within the subdivision. 22. Easements. The Developer shall furnish the City at the time of execution of ~ this Agreement with the easements designated on the attached Exhibit. 23. 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. 24. Clean Up. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. 8 25. 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 $621,392.32. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be for a period ending September 1, 1997. 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. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Lateral Water Main Storm Sewer Street & Bikeway Const. $ N/A Monuments $ 6,400.00 $ 80,193.41 St. Lites/Signs $ 9,775.00 $138,149.39 Blvd. Trees $22,200.00 $ 83,479.88 Blvd. Sodding $ 8,800.00 $244,113.38 Wetland Mitigation N/A Two Years Principal and Interest on Assessments $28,281.26 This breakdown is for historical reference; it is not a restriction on the use of the security. 26. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the development of the plat. 9 B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. 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 (3) days shall accrue interest at the rate of eight percent (8%) per annum. 27. 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. 28. 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. 29. 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, 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 10 any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 30. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 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 rough site grading, installation of erosion control devices and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. 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. 11 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, that 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. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and 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 12 as provided in paragraph 25 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 29 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. 31. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Fritz W Van Nest, President Builders Development, Inc. 1055 E. Wayzata Boulevard P.o. Box 637 Wayzata, MN 55391 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: John F. Erar, Administrator City of Farmington 325 Oak Street Farmington, MN 55024 13 SIGNATURE PAGE CITY OF FARMINGTON By: Eugene "Babe" Kuchera, Mayor By: John F. Erar, City Administrator DEVELOPER: Builders Development, Inc. By: Its Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (612) 463-7111 14 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 19_ by Eugene "Babe" Kuchera, Mayor, and by , John F. Erar, City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 19 ____ by , the of corporation under the laws of Minnesota, on behalf of the corporation. , a Notary Public 15 / / / / , 0C TO: Mayor, Councilmembers, City Administrator FROM: Charles Tooker, City Planner SUBJECT: Nelsen Hills Farm 5th Development Agreement DATE: June 17, 1996 INTRODUCTION Nelsen Hills Farm 5th Addition plat was approved subject to the approval and execution of a development agreement. DISCUSSION This development agreement requires substantial security because of the length of the sanitary sewer needed to serve the site and the extensive street system. The developer has raised questions about the relatively little credit being given for a well site, but has agreed to accept the amount offered. ACTION REQUIRED Adopt a resolution approving the developer's agreement and authorizing its signing. <<:Ict'l/!Y1J:~d. Charles Tooker City Planner CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 PRO P 0 SED RESOLUTION APPROVING DEVELOPMENT AGREEMENT - Nelsen Hills Far.m 5th Addition - Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to a resolution of the City Council the Nelsen Hills Farm 5th Addition preliminary plat and the signing of the final plat were approved contingent upon, among other things, the signing of a development agreement; and WHEREAS, a development agreement is now before the Council for its consideration setting forth, among other things, the following: Surety Surface Water Management Fees Water Main Trunk Area Charge Sanitary Trunk Sewer Area Park Dedication $1,578,960.30 $ 125,915.84 $ 23,441.75 $ 32,117.81 credit to developer $ .00 and NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned developer'S agreement, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of June, 1996. Mayor Attested to the ____ day of June, 1996. SEAL Clerk/Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 17th day of June, 1996, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Heritage Development, a Minnesota corporation (DEVELOPER). 1. Request for Plat ~proval. The Developer has asked the City to approve a plat for Nelsen Hills Farm 5th Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: Outlot A of Nelsen Hills Farm 4th Addition 2. Conditions of ~proval. The City hereby approves the plat on the condition that: a. the Developer enter into this Agreement; and b. the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Final Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 1 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. 4. ~ales 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. Zoning/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System h. Sidewalks and Trails b. Water System (trunk and lateral) i. Site Grading and Ponding c. Storm Sewer j. Underground Utilities d. Streets k. Setting of Lot & Block Monuments e. Concrete Curb and Gutter l. Surveying and Staking f. Street Signs m. Landscaping, Screening, Blvd. Trees g. Street Lights 2 The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. 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 lev-,l of quality control to the extent that the Developer's engineer will be able to 2rtify 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 preconstruct ion 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 reproducible "As Built" plans. The Developer shall also supply the City with a 3.5" diskette containing the following information in an Autocad Release 12 compatible format (.dwg or .dxf files) : - approved plat - proposed utilities (storm sewer, water main, sanitary sewer) - layer names should be self explanatory, or a list must be included as a key. If the Developer does not provide such information, the City will digitize the data. All costs associated with digitizing the data will be the responsibility of the developer. 7. Time of Performance. The Developer shall install all required public improvements by October 30, 1997. 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. 3 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. If all improvements are installed by one contractor, the warranty period shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. If streets and underground utilities are installed by separate contractors, the warranty period on streets shall commence after the final wear course has been installed and accepted by City Council resolution and the warranty period on underground utilities shall commence following their completion and acceptance by the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. 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 standard specifications for utilities and street construction 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 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. 4 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 backfilling operations shall be reseeded 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, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for a $425.00 Erosion and Sediment Control fee based upon the number of lots in the plat, plus inspection fees at the current rate of $39.00 per hour as charged by the Soil and Water Conservation District. The Developer is also responsible for a Water Quality Management Fee of $814.75 based upon the number of acres in the plat. 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. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any phase until a final plat for the phase has been filed in the County Recorder's office and the necessary 5 security has been furnished to the City. For purposes of this requirement, outlots shall not be deemed to have been final platted, Outlots B, C, D and E. If the Developer furnishes security acceptable to the City, rough grading on additional outlots may take place if it complies with the preliminary Grading and Erosion Control Plan dated April 25, 1996, and is approved in writing by the City Engineer. 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 any may require submission of a new plat. 15. Surface Water Mana~ement Area Fee. The Developer shall pay an area storm water management charge of $127,765.84 for the plat. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are 6 entered into. The Developer shall receive a credit of $1,500.00 for storm sewer oversizing resulting in a net surface water management fee of $125,915.84 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 Char~e. The Developer shall pay a water area charge of $46,046.75 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer shall receive a credit of $19,405.00 for water main oversizing and a credit of $3,200.00 for a well site (Lot 1, Block 1) resulting in a net water main trunk charge of $23,441.75. In additin, the Developer will work with Builders Development, Inc. to provide a pro rata share of the cost associated with the water main built within the 190th Street corridor. 18. Sanitary Trunk Sewer Area. The Developer shall pay a sanitary trunk sewer area charge of $41,487.07 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based u~on requirements in effect at 7 the time the Development Contracts for those phases are entered into. The Developer shall receive a credit of $70,199.00 for Sanitary Sewer Trunk oversizing and $3,405.88 for previous assessments against the property resulting in a net sanitary sewer trunk credit of $32,117.81 to be used in future platting. 18. Park Dedication. The Developer shall pay a park dedication fee of $.00 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. Outlots E and F shall be dedicated to the City for trails and the trails constructed during the road construction phase of the development. 20. 190th Street. The Developer shall participate with Builders Development in the construction of 190th Street from its western terminus in Fair Hills Addition to Everest Path in the TroyHill 3rd Addition. 21. Sealcoating. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $7,887.28 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $1,975.00 based upon the number of lots within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements to get storm water runoff from this plat west into the north tributary of the Vermillion River. In addition, Outlots Band C shall be dedicated to the City for stormwater ponding. 8 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements, installed pursuant to the Development Contract, have been installed and accepted by the City. 25. Clean Up. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $1,578,960.30. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be for a period ending October 30, 1997. 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. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Lateral Water Main Storm Sewer Street Construction $ 249,458.00 Monuments $ 15,800.00 $ 323,822.29 St. Lites/Signs $ 21,243.75 $ 258,330.00 Blvd. Trees $ 55,000.00 $ 106,788.00 Blvd. Sodding $ 34,191.12 $ 469,810.00 2 Yrs Tax & Asmt. $ 44,517.37 9 This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. 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 (3) days shall accrue interest at the rate of eight percent (8%) per annum. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 10 29. Existing Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 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 rough site grading, installation of erosion control devices 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 11 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. The Developer and his assigns may receive certificates of occupancy for lots in this development without the bituminous paving on the streets and driveways until June 15, 1996. All paving must be in place by June 15, 1996. No certificates of occupancy will be issued after June 15, 1996 without bituminous pavement on the streets. E. 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, that 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. 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. 12 I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and 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 25 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 29 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. 32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: John Dobbs Heritage Development 450 E. County Road D St. Paul, MN 55117 13 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: John F. Erar, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 14 CITY OF FARMINGTON SIGNATURE PAGE By: Eugene "Babe" Kuchera, Mayor By: John F. Erar, City ~dministrator DEVELOPER: Heritage Development By: Its Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota (612) 463-7111 55024 15 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 19_ by Eugene "Babe" Kuchera, Mayor, and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 19____ by John Dobbs, the of Heritage Development, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 16 TO: Mayor, Councilmembers and City Administrator 601 FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Authorize Feasibility Study for Project 96- 21, Larch Street Access to S. T . H. 3 DATE: June 17, 1996 INTRODUCTION The City approved the development agreement for East Farmington Second Addition which outlines improvements on Larch Street as S.T.H. 3. The City is to do the construction project and assess the costs as outlined in the agreement. DISCUSSION In order to initiate the Minnesota Statute 429 assessment process, Council needs to pass a resolution ordering the preparation of a feasibility report for the project. A proposed resolution is attached for Council review. The development agreement indicates that Sienna Corporation is responsible for 100% of the costs associated with the east frontage road and 50 % of the costs associated with the median construction. Finance Director Henneke, has indicated funding for this work is available in the Road and Bridge fund. RECOMMENDATION Approve the attached resolution ordering the feasibility study for Project 96-21, Larch Street Access Improvements to T.H. 3. R-,?ny Submitted, -14- j,(4.-~ Thomas J~ldunski, P.E. Director of Public Works/City Engineer TJK/n cc: file, Wayne Henneke, Donajo Heikes, TJK Rod Hardy, Sienna Corporation CitlJ of Ftfrmintjton 325 Oak Street · FarminfJton, MN 55024. (612) 463.7117 · Fait (612) 463.2591 PROPOSED RESOLUTION NO. R -96 ORDERING FEASffiILITY REPORT FOR 1996 LARCH STREET ACCESS IMPROVEMENTS TO T .H. 3, PROJECT 96-21 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, it is proposed to make the following improvement: Project 96-21 Description Larch Street Access Improvements Location T.H. 3 & E. Farmington Dev. ; and WHEREAS, it is further proposed to assess Sienna Corporation for all or a portion of the cost of the improvement, pursuant to M.S. Chapter 429, and the Development Agreement between the City of Farmington and Sienna. Corp. (Developer of East Farmington). NOW THEREFORE, BE IT RESOLVED that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, cost effective and as to whether it would be best made as proposed or in conjunction with some other improvement and the estimated cost of the improvements as recommended. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of June, 1996. Mayor Attested to the day of ,1996 Clerk! Administrator SEAL 29 TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: 1997 ALF Budget DATE: June 17, 1996 INTRODUCTION The 1997 ALF Budget has been reviewed by the ALF Board and three administrators and is now being presented for Council consideration and ratification. Kevin Raun, ALF Ambulance Director, has included a cover memo which explains significant aspects of the budget. DISCUSSION A management review of the budget has been included by Director Raun that should provide Council with a good review of significant events impacting ambulance operations in 1997. One notable event is the addition of a third power shift in Farmington beginning in the second quarter of 1997 that will provide ambulance coverage in Farmington 10 hours a day for 5 days a week. This coverage has been scheduled to coincide with the full-time housing of an ambulance in the city of Lakeville. BUDGET IMPACT One of the more significant financial impacts of the ALF Budget is the reduction of per capita costs from $.70 in 1996 to $.50 in 1997. The ambulance operation is in very sound financial condition due to the strong leadership of the ALF Board, and prudent management of ambulance resources. ACTION REOUESTED Adoption of the ALF 1997 Budget by Council is requested. Z'6tte~ A~:: Erar City Administrator CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 ". 11 ;~MlmULANCI 14200 Cedar Avenue South Apple Valley, Minnesota 55124 Phone - 612/431-8887 ALF AMBULANCE 1997 PROPOSED BUDGET To the Honorable Mayor and City Council Members: Attached to this letter is the proposed budget for the 1997 fiscal year. Per the Ambulance Joint Powers Agreement, the ALF Ambulance Operations Board has reviewed and are hereby recommending for approval by the member cities the attached budget document. It is the goal of the ALF Ambulance Board to see that ALF Ambulance continues to deliver high quality emergency medical services and response times to the citizens in the ambulance service area, while maintaining a fiscal responsibility to the overall operations of the ambulance service. 1996 OPERATIONS LEVEL To review our operations level as budgeted for this year, we will be increasing staff and hours of unit operations in the fourth quarter of this year. As the Council will note, we presently are operating (1) unit 24 hours a day and a second unit 16 hours a day. This fall, the 16 hour unit will be staffed to operate on a full 24 hour schedule. This increase in staffing is justified by the ever increasing call volumes we are experiencing each year. This operations enhancement is a step progression to further unit and area coverage which is being proposed in the 1997 budget. 1997 BUDGET PROPOSAL FORMAT Included within this budget document is a breakout of line item expenditures. This year there are two significant changes to the budget document in terms of our format: 1996 Revised Estimate; This year in the budget document, the reader will note that on pages 1 and 2 we have included a column for a 1996 Revised Estimate. Due to the fact that we are not placing into service a third unit power shift for this year, we are already able to determine a significant reduction in expenses for this years operating budget. When compared to the 1997 Proposed Budget Page 2 1996 approved budget, the reader will note that instead ofposting a net loss of$20,459, the revised budget shows a net gain of$100,458. This information is being posted for the Council and will not require any action. Towards the end offiscal year 1996 a budget amendment will be prepared for the Board's review and ratification. SalarieslLine Item 4110; The salaries posted for the 1997 Budget were calculated for the tenure and number of positions required to fulfill our 1997 staffing needs while frozen at the 1996 wage rates. This method was used due to the fact that wage schedules can not and should not be predicted in our budget document. I believe this is a sound philosophy to use in budget years where we do not know the rate of increase. When salary rates are determined, that will be entered in via a budget amendment. 1997 BUDGET PROPOSAL The addition of a third ambulance power shift is the significant change to the 1997 budget and was the major focus of stafJ: city administrators and the Joint Powers Board in the development of this budget document. Third Ambulance Power Shift; This budget allows for a third unit power shift to commence the second quarter of 1997 to coincide with the quartering of a unit at the new Lakeville Water Treatment Facility. This will afford the following service area coverage: Apple Valley - Lakeville Farmington one (24) hour unit (7) days a week one (24) hour unit (7) days a week one (10) hour unit (5) days a week This operation schedule allows for excellent coverage and operations for our service area. The actual ( 10) hour coverage period for the third unit is still being researched as to the most prudent start time. Presently, that window is considered to be from 11:00 a.m to 2:00 p.m Regardless of the initial start time selected, we will always have the ability to adjust it if call data indicates. The five days for operation have been selected to be Thursday through Monday. Our call data base has historically indicated that Tuesdays and Wednesdays are generally our least busy days. '. , .. 1997 Proposed Budget Page 3 KEY POINTS OF THE PROPOSED BUDGET 1997 Proposed Budget 1996 Adopted Budget Three City Population Total Three City Subsidy Per Capita Cost Projected Transports Average Revenue Per Call 90,788 $45,394 $0.50 2,070 $597 87,763 $61,436 $0.70 1,930 $567 This budget is respectfully submitted for your review, comment and subsequent ratification. If you should request further information or need questions addressed, please feel free to contact me. If requested, I will be available to meet with you at your council meeting. Respectfully submitted, ALF AMBULANCE w~~ ;eI J. Ra Ambulance Director Attachment: 1997 Proposed Budget KJR/ AS 0-P TO: Mayor, Council Members and City Administrator FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Towing Contract DATE: June 17, 1996 Introduction The City has received a request from a towing company to open the City's towing contract for competitive bids. Discussion The City of Farmington currently has a contract with Blaha's Towing. Our current contract has expired and is subj ect to renewal at the request of either the City or Blaha's Towing. Staff has received a request from Dakota County Towing Inc. to open the contract to competitive bids. Recommendation Authorize Staff to solicit bids for the City Towing Contract. Respectfully submitted, Daniel M. Siebenaler Chief of Police DMS/m CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 TO: Mayor, Councilmembers, City Administrator FROM: James Bell, Parks and Recreation Director SUBJECT: Pool Reconstruction Update, Pool Lighting Contract and Approve Change Order DATE: June 17, 1996 INTRODUCTION The following information is an update on the municipal pool reconstruction project schedule and budget. During the reconstruction, staff identified the need to purchase pool lighting for evening swimming activities, also the State requires an automatic pool level controller be installed. DISCUSSION Reconstruction is proceeding slightly behind schedule due to unforeseen difficulties and weather. The project should be completed on June 15, 1996, seven days later than the June 8th scheduled opening. During demolition, the under water lights had to be removed. In order to have evening swimming, lighting has to be installed. Staff recommends lighting positioned outside the fenced area that shines onto the pool area. This type of lighting is more desirable than under water lighting for both ease of maintenance and safety. Staffhas acquired the poles through a donation. Cost of the light fixtures will be $2050 with additional dollars needed for trenching and electrical work. Staff has directed the contractor to do the following additional work: · The State of Minnesota health code requires that every new gutter system must include an automatic water level controller which automatically feeds water into the pool to maintain a constant level. This was not included in the original contract and needs to be done. 6q ~ . A pool water return pipe was found to be sagging making it difficult to winterize. Staff instructed the contractor to install a small drain pipe which would allow staff to drain the pipe during shutdown. BUDGET IMP ACT The contractor has assured staff that the cost of the water level controller and drain line will not exceed $2,500. Project expenses appear to be within budget at this time. Attached, is an update of the 1996 portion of the pool reconstruction budget. ACTION REOUESTED Approve the additional changes to the 1996 pool reconstruction project. Award the purchase of lights to Graybar Electric. Respectfully submitted, ,J~ ~~ c-6--.QQ James Bell Parks and Recreation Director POOL RECONSTRUCTION 1996 BUDGET UPDATE JUNE 17, 1996 DESCRIPTION APPROVED APPROVED YEAR TO DATE VARIANCE BUDGET CHANGE EXPENDITURES ORDERS Gutter $98,750 $98,750 0 Decking $4,500 $4,500 0 Demolition $6,300 $6,281 $19 Slide $6,000 $3,810 $2,190 Lift for handicapped $5,000 $2,900 $2,100 Consultant fees $14.000 $12.892 $ .LlQ.8. $134,550 0 $129,133 $5,417 1996 Contingency $26,050 Mn Dept of Health Fee 0 C.O.Concrete Cuts 0 C.O.Pool Lights 0 C.O.Water Level 0 C.O.Drain Line 0 Total 1996 $160,600 $200 $3,075 $3,550 $2,000 $500 $9,325 $200 $3,075 $3,550 $2,000 $500 $138,458 $26,050 ($200) ($3,075) ($3,550) ($2,000) ($500) $16,725 REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT ? -tt-CU<-":> k- Q1Gc::...l2-~\.b,..J I TEM( S) TO BE PURCHASED ~Pt""\L L\b~ DATE OF REQUEST to/IIJql-, ~'- )..."\\A<LCS AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 19~b BUDGET: $;f AMOUNT REMAINING AS OF DATE OF REQUEST: 5 ~ QUOTATIONS RECEIVED: ~ 1. VENDOR ""......~ c-O D ATE 512- ..z.-f 'f (.. DATE c.}IO 19t- AMOUNT $ 4,<.57 AMOUNT $ Z5SO . 2. VENDOR L.-I"LA.-{ ~~<2- ~ATTACH QUOTATIONS, IF VERBAL 0UOTES, EXPLAIN BELOW COMMENTS: -\'~~ A'O>:>I'T\c/'oJ S\c::50~ 'S~....,,.., oroJ ~~ ~u.~G...:'\ \~ ~oo.. ~",,-...rr ~c-~ \?o-n.. ~OL.~ ,~c:.t-t \~c::.. * e:..~q(2.,c:. Po L ~~. \\ ~h'-~ ~ti'P~C; , ~.. L.-o-J~. \,-\T€'st;' ~ ,,",,~ O'UL.-f ,w-'o G--.o'<c:;~ ~c::..~\"';'cf\~ ~ S" ~ ~ ~.-0L c../t2-)ql. DEPARTMENT HEAD SIGNATURE DATE iJ.~d~#k FINAN DIRECTOR-SIGNATURE 6it.:! J96 -oArr TO: THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. SIGNATURE OF CITY ADMINISTRATOR DATE ACTION TAKEN BY THE COUNCIL ON THE DAY OF 19 (A?PROVED) (NOT APPROVED) FILE: CC: ~ U.l."'-'.......................~ ~. ....."..- .-....... SPORTS 'l'BCHNOl~OGY, INe. 1'.0.....1 a.w-v....lIN"., p~one (612)533-2030 fax {612)S25-0070 musec SPORTS-LIGHTING,INC. DATE:~1f, . ____ Please Dirac-e This Fax '1'0: ~~ b~L rrol\l:C~b 6~ project Dae.: ~..,~~~_ L, {9t+T,.Wh i'~ - 'i~~~ ~~~.s~ ~::t':~ '~ii.-:;~: I ~ )l;t-r;~. t'h':::.3~age :_~.. .-. ~....:L-~~~':~O '''Lu'':'''lIr'1~ 7/#- fl,- ".w--~- _ 1+ O€>L-f. ~'(~ T/t.A1 L THe r ~.r (jE ~E- Se~~c..l tJ~(e/.l- do- L I~J.-I.rf~t. ,"<~~T~ #1'f-J;C-#-I (A,J,:"'L fA,"'lhE ...~Q ~7~~{~( ~~~ _"-';"/-1-1 /"i 4'1J/e}57, If=. 7bcJ~~,"-l> LJ~~ ~~ ~4-FIlf':;fl..~,4L t:II1Al!.~\,{t!NT..~ R~L)""~ A::r A :'_~' ~~~ ~';1J ~ ~T~L ~~ '''" Po, - "ii - '1. _ . t= . .. : r l.! I N ~ Lv > . 7 p...)< i "5 Nt''' 'tv ~ 4.. () i) ;; /J( -'Htt:V\US, _'" of :1'_. lueludiDg C_l: S- .. '6,q; ~ . .,. '_:U"O':""" .... ~ " ". , . ", ';', Wi .:~. .'. . :!It.- .;,~.' . .': . OUOTATION ,: :'" ..'" ~aR . IJr.mOTRIO OOMPAIfY;"IB'O. . ~... ~'. WtfEN ORCle:RINO ~a MENTION t -/(J-91o ?d67-~ l~), f~ YOU,", REP'R_ · C;iy .of ~., ~ . ,. . . tn! r.. Ar. , .' . ','. " . ': ";. .,"';" "" ... . .. .'U ..:i'I. , . "\ . '1;'9 .- . . 0.1'" '''':' .~ <::' ') oi" ." 4 ...~ . .. IU",.""..,. .. . /J' . . ft.J.. t,obt: .y 6~ . ~;94 ty' . .:...: ,. ....... "/'" If' uj '4. iP x'c (' d Ul>. 00 / - " ... :............; -":1 " ~. ,: .', . ".~'. . --\ " . - ';,'. J ;..4. '" "l \" :........ ~. . '" ~" " I I .:: \ Shipment We hope that 'We shall b8 favored with YOIU'Qrder. and assure you of prompt att';t?J ..'" . ..";:i'::, ..... ,.;,,,,.;.,:,,:.'<.>~,.;,." t';'fi>., ~.' ~ ~ ~;~;i~~:*~~~t:2i ~.~~. ~t:.../~~ ..'~~ ~):j~{:;'.ii~:~ii~\r.7;7'....r~\f",~~,~ '.~;:"~' .:~. ',- ,,~"." .-'.O~..~.... -~ ~. . .~ .,". '." .:( ."O~.:M'.J,..u '~", .\>. ....r...~ .."'- "r . .' IF-f'. (t I/M' Tn'.J TTn. n"l c::n.nT cih'r\T Ilnr OciC7_07J_7TO_T 'I~I 'JUCJI U'JC\ o To: Mayor, Councilmembers, City Administrator From: Wayne Henneke, Finance Director Subject: School/Conference Request Advanced Accounting Date: June 17, 1996 Introduction Approve request to attend MNCP A class "Advanced Accounting for Governmental Units under GASB" on June 26, 1996. Discussion The Minnesota Society of Certified Public Accountants (MNCP A) is conducting a class on Advanced Accounting for Governmental Units under Governmental Accounting Standards Board (GASB) standards. As Finance Director, it is important to remain current in the field and continually improve governmental accounting skills. This class is designed to do so. Budget Impact Funding is provided for this request in the 1996 Budget. Action Requested Approve the request of the Finance Director to attend the MNCPA class "Advanced Accounting for Governmental Units under GASB". Respectfully submitted, tJ~~ Wayne E. Henneke Finance Director c.c. file I CitlJ of Ftfrmintjton 325 Oak Street- FarminfJton, MN 55024. (612) 463.7111 · Fait (612) 463.2591 REQUEST FORM SCHOOLS/CONFERENCES/TRAINING DEPARTMENT __~i.Il1!.Q~~______ DATE OF CONFERENCEji.-_2..6..__/ ------- Ft~om To;:' LOCATION________~~~~~~~~~_~~~~~~~_~~Q~~~:_~iUUliL__________ EMPLOYEE(S) ATTENDING: 1)___~~~~_~~~~~~~__________________ 2)__________________________________ 3)__________________________________ TYPE OF CONFERENCE___~~~~~~~~~~~~~~-~~~~~~~op------------- TOP I CS 1) _~~~~~~~<!_~~c:.<?~~~1;.~~_~<?.;._C!.<?..Y..~~~~e.P_t..~l._U_n_iJ~p__u_n_d~J:"_.s;ASB 2)__________________________________________________ 3) -------------------------------------------------- METHOD OF TRAVEL car ------------------------------------------- Amount Request $ Amt Remai ni rIg $ 220 ----------- 968 1) Travel $_______________ 2) Regisb~at icon $___2_2..P.....JlJL 3) Room $_________________ 4) Meals $________________ 5) Other Expense $________ Amount Provided in Adjusted 19_~~ Budget $_tLQQQ_____ 6-11-96 ------------------- -------- Department Head Date __w ----------------------------------------------------------- TO MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. -------------------------- CITY ADMINISTRATOR Date ACTION TAKEN BY THE COUNCIL ON THE ______ DAY OF __________________, 19 (APPROVED) (NOT APPROVED) Rev 9/86 0/ TO: Mayor, Councilmembers and City Administrator FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Spring Clean Up Day 1996 DATE: June 17,1996 INTRODUCTION The City recently completed its annual Spring Clean Up Day. This successful project has helped the community in its efforts to keep Farmington beautiful. DISCUSSION The attached memo outlines the quantity of materials handled at the event. This information will be the basis for billing the townships for their share of the cost. I would like to commend staff for their hard work and dedication on the project. The City also owes its gratitude to Dakota Electric for the use of their facilities. A letter of thanks will be sent. BUDGET IMPACT The City has included funding for the Spring and Fall Clean Up Days within the Public Works Department budget. The townships will reimburse the City for their share of the costs upon receipt of the bill from the City. ACTION REQUESTED This memo is for information only. TJK/ll cc: file, Wayne Henneke, Benno Klotz, Lena Larson, TJK I CitlJ of Ftfrmintjton 325 Oak Street. FarminfJton, MN 55024 · (612) 463.7117 · Fait (612) 463.2591 TO: Tom KaldJmski~ FROM: Lena Larson SUBJECT: Spring Clean Up Day 1996 DATE: June 11, 1996 (Jastl<<fRock. Empire FarnrlllgtOrt TOTAL Vehic1es 57 46 342 445 Batteries 16 29 121 166 Appliances 25 17 124 166 Microwaves/ A/C 3 1 22 26 Tires 345 122 561 35,574 lbs. MattressesiBox Springs 17 32 158 207 Misc. Landfilled -- -- -- 80,600 lbs. As usual, the employees of Dakota Electric were extremely accommodating, making our jobs much easier. Also, I would like to bring to your attention how invaluable the assistance of the Police Department is at Clean Up Days. Please let me know if you have any questions or would like further information. ~~ Lena Larson Public Works Administrative Assistant cc: file Benno Klotz CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJtonl MN 55024 · (612) 463.7117 · Fait (612) 463.2591 (0' J FROM: Mayor, councilmemb~ City Administrator~ '-- Karen Finstuen Administrative Assistant TO: SUBJECT: 1) Increase in Hours - Part Time Building Inspector 2) Approve Inspection Contract with State DATE: June 17, 1996 INTRODUCTION 1. An increase in building inspection requests has created a need for an increase in the Part Time Building Inspector's hours. 2. The State of Minnesota's request that the City provide inspections of the Middle School swimming pool construction project requires Council approval. DISCUSSION . As indicated on attached Exhibit A, the City is experiencing an increase in building permits over 1995's level. The increase is due to both an increase in permits for single family dwellings and permits for decks being added on new homes built last year. In February, 1996, Council approved an increase in Faith Druckrey's hours from 20 to 30 hours per week. To meet the increased inspection load level, I am now requesting her hours be increased to 40 hours per week on an as needed basis. . Exhibit B is a letter of agreement with the State for inspections of the Middle School swimming pool. Pool inspections will not begin until October. Since residential inspection requests begin to slow at that time, pool inspections will fit into the inspectors' schedules more easily. BUDGET IMPACT The increase in the Part Time Building Inspector's hours will result in a $6,890 increase in salary. The increase in salary and benefit costs will be funded through the Farmington Elementary School renovation and Middle School Swimming Pool building permit costs ($16,000 and $8,270, respectively). I CitlJ of Ftfrmintjton 325 Oak Street. FarminfJtonl MN 55024 · (612) 463.7111 · Fu (612) 463.2591 ACTION REQUESTED . Two actions are requested. 1) approve the increase in the Part Time Building Inspector's hours from 30 to 40 hours per week as needed; and, 2) approve the contract with the State of Minnesota for City inspection service for the Middle School swimming pool. Respectfully submitted, ~~ Karen Finstuen Administrative Assistant i)<h;~d Il- BUILDING INSPECTION REPORT 6/10/96 Revenue Comparison 1996 1995 Base Fee's 146,793.00 121,429.25 Plan Check Fee's 91,747.90 77,363.07 Mechanical Fee's 9,348.50 8,757.00 Plumbing Fee's 7,951.00 9,169.13 Total Fee's 255,840.40 216,718.42 May Comparison to Other Cities City May Permits FT Inspectors PT Inspectors Seasonal Eagan 241* 5 0 0 Apple Valley 146* 3 0 0 Lakeville 241# 6 0 0 Rosemount 76# 2 0 0 Farmington 179* 1 2 0 * - Includes Plumbing & Heating Permits # - Includes permits for Storage Sheds and Fences (Farmington does not require) STATE OF MINNESOTA Department of Administration "'~~.~ ,,~.. .0 .$"~",,"~iiY~ ~~'i'- :t.~ ::: :' o. ff /::. . \~ 5~. - - ,( "-~ :i s :.'.-.~r \:....~.... -:' -./.:irl ~:,',.:,~-;':~~~ ~ "'1858"".\\\\\\' Our mission: To improve the quality and productivity of Minnesota govemmenL LETTER OF AGREEMENT DELEGATION OF STATE BUILDING CODE ADMINISTRATION FOR PUBLIC BUILDINGS - MINNESOTA STATE STATUTE 16B.61 Subd.1a MUNICIPALITY, circle one (city, county, township) Manke, John City ofFannington 325 Oak St. Farmington, MN 55024 Date: 5/23/96 PROJECT: LOCATION: COUNTY: DESCRIPTION: ADDRESS: Farmington Mid. School Swimming Pool Add City of Farmington Dakota 11000 sf one story addition (lane pool) 4200 208th St. W. ***************************************** * ASSIGNED PROJECT NUMBER: 960239 Date Recei"ed: 5/23/96 ***************************************** This letter shall serve as a contractual agreement pursuant to Minnesota Statute 16B.61 Subd.la, between City of Farmington and the Commissioner of Administration for transfer of State Building Code administration from the Minnesota Department of Administration to the municipality for the "Public Building" or "State Licensed Facility" project described in this agreement. THIS AGREEMENT MUST.BE RETURNED WITHIN 15 WORKING DAYS. PaFormAG Page 1 Building Codes and Standards Division, Facilities Management Bureau, 408 Metro Square Building, Seventh and Robert Streets, St. Paul, MN 55101; Voice: 612296-4639; Fax: 612 297-1973 TTyrrDD: Twin Cities 612297-5353 or Greater Minnesota 800 627.3529 and ask for voice number STATE OF MINNESOTA Department of Administration ,,~~~ 'S' \Jt. "0 ~,$'..~"10i1.~i~ .;mQ f :"/; ".~ S :- :~ ~~: .~ .. - ( ..-::~ ~~>~....~. . ~ fifl ~<l.'.'H"'~~? "'"1858"'" \\\\\ Our mission: To improve the quality and productivity of Minnesota government Project: Farmington Mid. School Swimming Pool Add Project #: 960239 Descrilltion: 11000 sf one story addition (lane pool) Location: City of Farmington 1. Duties of Municipality. Please check the duties you are willing to contract (a or b must be initialed by State Building Inspector). a. Attend to all aspects of State Building Code administration, including: 1. Preliminary plan re,iew with Building Codes and Standards Dhision Plan Re,iew Staff when required by the Building Codes and Standards Dhision. 2. Plan Re,iew of building and grounds with municipal plan review comments, designers responses, and state plan review application form signed by designer and forwarded to the Building Codes and Standards Di,ision. 3. Interpretations, application, and enforcement of all code pro,isions. 4. Issuance of all permits. 5. Documentation on file of all equivalences and modifications to code as required by UBC 105 and 106. 6. Maintain all records. 7. Issuance of certificate of occupancy with a copy informing the State Building Inspector when senices are completed. b. Attend to all required inspections of said building including: 1. Issuance of all permits. 2. Maintain all records. 3. Issuance of certificate of occupancy with a copy informing the State Building Inspector wben senices are completed. 2. All costs of building code administration shall be as prescribed by Minnesota Statute 16B.61 Subd. la. IN WITNESS WHEREOF, the parties han caused this agreement to be duly executed intending to be bound thereby. APPROVED: APPROVED: BUll..DING OFFICIAL DATE STATE BUll..DING OFFICIAL APPROVED: DATE: MUNICIPAL MANAGER/ADMINISTRATOR DATE PaFormAG Page 2 Building Codes and Standards Division, Facilities Management Bureau, 408 Metro Square Building, Seventh and Robert Streets, St. Paul, MS 55101; Voice: 612 296.4639; Fax: 612 297-1973 TTYITDD: Twin Cities 612297.5353 or Greater Minnesota 800 627-3529 and askfor voice number TO: Mayor, Councilmembers and City Administrator 61( FROM: Thomas J. Kaldunski, P,E. Director of Public Works/City Engineer SUBJECT: First Quarter Sewer Flows DATE: June 17, 1996 INTRODUCTION The Met Council monitors the City's sewer flows on a regular basis. They have submitted the report on the first quarter sewer flows for Farmington. DISCUSSION Attached you will find a graph that shows the City's monthly sewer flows as monitored by the Met Council. This chart clearly shows a significant drop in sanitary sewer flows in August, 1995. This corresponds with the construction of the channel from the Prairie Waterway to the Hendersen Addition. The trend of lower monthly sewer flows appears to be continuing in the first quarter of 1996. If the second quarter report, available in July, indicates this trend is continuing, the City should experience a drop in sewage treatment costs in 1996. BUDGET IMPACT It appears that the City will receive additional benefits from reduced wastewater treatment plant costs in 1996, similar to avoided costs the City realized in 1994 and 1995. An estimate of the avoided costs can not be predicted at this time, however, Council will be updated as the year goes on. ACTION REQUESTED This memo is for information only. ,; ~""::!i: TJK/ll cc: file Wayne Henneke Jerry Bauer Donajo Heikes TJK CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 c o C .~ o[ .....E 0)0 CO -- ~ E~ ~~ ca:c LLE o ~ Ct) V to <0 0> 0> 0> 0> 0> 0> 0> 0> ,.- ,.- ,.- ,.- * + * + "- <<1 ~ .n Q) LL C <<1 J o 0 0 0 0 000 ,..... <0 LO V (V) N ,.- o Q) o > o z co C\I I"- (0 ~ (f) C') C') C\I l"- f'- 0> ,... co 0> C') C') ,... co co ,... C\I (0 f'- .q .q ,... f'- ,... f'- ~ . ,... 0 .q (f) C\I CO C') (0 C\I f'- ,... LO C') .q CO (0 0> f'- LO f'- LO (f) (f) 0> (0 CO (0 0> ,... (0 .q .q C\J CO LO 0 CO 0') LO (f) .q (0 f'- (f) CO C\I LO .q (f) .q 0> (0 LO ,... ~ .q l() (0 (f) en (f) C\I C\J CO 0> C\I C') 0 f'- (0 C') C\I C\I f'- l!) CO .q 0> LO ,... C\I C\I (f) (f) C\I C') ~ l() (0 0> 0> 0> 0> 0') 0> 0') 0> ,... ,... ,... ,... > - C o en ~ o - LL -0 Q) '- Q) +oJ Q) ~ +oJ o o a. Q) (f) 0> ::J <( ::J J C ::J J > <<1 ~ "- Q.. <( o / / TO: Mayor, Councilmembers and City Administrator FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Approve Sale of Solid Waste Dumpsters DATE: June 17, 1996 INTRODUCTION Due to recycling and special solid waste pickups being contracted out, the Public Works Department has 19 - 1-112 cubic yard dumpsters that it no longer needs. DISCUSSION Attached is a request for bids which will be sent to local solid waste haulers to generate interest in this sale. The City sold similar dumpsters in March of 1996, and received $75.00/dumpster at that time. Any revenue generated from this sale will be put into the capital improvement's fund. RECOMMENDATION Authorize the sale of this equipment to the highest bidder. f1Z:;:lYj'lZ:J Thomas ~a~dunski, P.E.-" Director of Public Works/City Engineer TJK/ll cc: file Wayne Henneke Benno Klotz Lena Larson TJK I CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fu (612) 463.2591 REQUEST FOR BIDS Sealed bids will be received by the City of Farmington, Minnesota in the City Hall at 325 Oak Street until 2:00 PM on Monday, July 15, 1996, at which time they will be publicly opened and read aloud for the sale of the following equipment: (19) 1~ cubic yard dumpsters To arrange a viewing, contact Benno Klotz, Solid Waste Supervisor, at (612) 463-3799. Each bid shall be accompanied by a bidders bond naming the City of Farmington as obligee, certified check payable to the City of Farmington, or a cash deposit equal to at least five percent (5 %) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to purchase the equipment. The City Council reserves the right to retain the deposits of the three highest bidders for a period not to exceed 90 days after the date and time set for the opening of the bids. No bids may be withdrawn for a period of 90 days after the date and time set for the opening of the bids. Payment for equipment will be cash or certified check. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to sell the equipment to the best interests of the City. Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/ll cc: file local solid waste haulers TO: Mayor, Councilmembers and City Administrator G/YJ FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Approve Capital Outlay Request - Public Works Department - Recycling Bins DATE: June 17,1996 INTRODUCTION Due to rapid residential growth, it is necessary to purchase 500 recycling bins. DISCUSSION Supplies of recycling bins are getting low, and it is necessary to order them now in order to keep up with the demand created by new home construction. BUDGET IMPACT The low quote was secured from C.R. Manufacturing Company in the amount of $3,475.00 including tax and shipping. The funds are in the 1996 budget. RECOMMENDATION It is recommended to purchase 500 recycling bins from C.R. Manufacturing. ~i::!::! Director of Public Works/City Engineer TJK/ll cc: file Benno Klotz Lena Larson TJK CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 1,63.2591 REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT Public Works DATE OF R~QUEST 6/17/96 ITEM(Sl-TO BE PURCHASED 500 Recyclinq Bins AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 19~ BUDGET: $ AMOUNT REMAINING AS OF DATE OF REQUEST: $ QUOTATIONS RECEIVED: ~ 30,000 8,927 DATE 6/5/96 6/5/96 AMOUNT $ 3,475.00 AMOUNT $ 3,905.00 1. VENDOR CR Manufacturing DATE 2. VENDOR Larson & Associates ~ATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN BELOW COMMENTS: ~ DATE vht}4"'" ~~j, FINANC DIREC OR SIGNATURE 6//1 /9t? DATE TO: THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. SIGNATURE OF CITY ADMINISTRATOR DATE ACTION TAKEN BY THE COUNCIL ON THE DAY OF 19_ (A?PROVED) (NOT APPROVED) FILE: CC: (PI) TO: Mayor, Councilmembers and City Administrator FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Approve Capital Outlay Request -- Solid Waste Container Numbers DATE: June 17, 1996 INTRODUCTION' It is necessary to order 4" high number decals for addressing solid waste containers. DISCUSSION Due to rapid residential growth, it is necessary to order numbers to put addresses on the 30-60-90 gallon containers used for solid waste collection. BUDGET IMPACT Two quotes were obtained, the lowest being from Fabra Print, Inc. for $730.00, including shipping and sales tax. RECOMMENDATION Approve the attached Capital Outlay Request in the amount of $730.00 from Fabra Print. 1t:1Y:tJ!:J Thoma' ~Unski. P,E, Director of Public Works/City Engineer TJK/ll cc: file, Wayne Henneke, Benno Klotz, TJK CitlJ of Ftfrmintjton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT Public Works DATE OF REQUEST June 17, 1996 ITEM(Sl TO BE PURCHASED Solid Waste Container Numbers AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 19~ BUDGET: $ AMOUNT REMAINING AS OF DATE OF REQUEST: $ QUOTATIONS RECEIVED: ~ 30,000 5,452 1. VENDOR Fabra Print. Inc. DATE 6 / 5 / 9 6 AMO UN T $ 7 3 0 . 0 0 6/5/96 AMOUNT $ 892.00 2. VENDOR Wipson Poster DATE ~ATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN BELOW COMMENTS: 'fti'- ~ FINANCE DIRECTOR SIGNATURE t!/fJ!9h 'OA'TE" TO: THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. SIGNATURE OF CITY ADMINISTRATOR DATE ACTION TAKEN BY THE COUNCIL ON THE DAY OF 19_ (A~PROVED) (NOT APPROVED) FILE: CC: TO: / j" f 1 M~yor, C~U~CilmemberS'({/~,. tJ C~ty Adm~n~strator (/ ," Charles Tooker City Planner FROM: SUBJECT: Rezoning of Lots 8 and 9, Block 17, Town of Farmington DATE: June 17, 1996 The subject lots were rezoned General Business by the Council at the request of the HRA for a specific housing proposal. The Developer and the HRA are no longer interested in proceeding with this proposal. DISCUSSION The rezoning decision anticipated that these properties would be purchased and replaced with a multi level apartment building. The proposal then shifted to a different site and later was abandoned. The property owners now have non conforming residential structures in the B-2 General Business District. In order for these owners to eliminate the non conforming status, the HRA ha petitioned for a rezoning to R-2 Medium Density Residential. The Planning Commission held two discussions on the request and have forwarded a recommendation for approval. There was no citizen participation in the Commission hearings. ACTION REQUESTED Adopt an ordinance rezoning the lots from B-2 to R-2. i1/SPjCtfUll y ::17mi~ ted, (., Ii (AA/Iv If! 7ff~ Charles Tooker City Planner I CitlJ of Ftfrmintjton 325 Oalc Street · FarminfJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 PRO P 0 SED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA An Ordinance Rezoning Lots 8 and 9, Block 17, Town of Farmington from B-2 to R-2 THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 10, Chapter 2, Section 8 of the Farmington City code is hereby amended by adding the following: Ordinance No. 096-____, adopted the 17th day of June, 1996 , rezones Lots 8 and 9, Block 17, Town of Farmington from B-2 General Business District to R-2 Medium Density Residential. SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the 17th day June, 1996. TO: Mayor, Councilmembers, City Administrator / (of FROM: Charles Tooker, City Planner SUBJECT: Prairie Creek Fourth Addition Developers Agreement DATE: June 17, 1996 INTRODUCTION The plat of prairie Creek Fourth Addition was approved earlier this spring following a complete revision of its sanitary sewer and storm water drainage systems. DISCUSSION This plat is served by a sanitary sewer line that will access directly into the MWCC sanitary sewer in Empire Township. The plan will allow for future development east of the existing MUSA involving three land owners. The Developer Agreement surety is substantial because of the cost of trunk sewer to serve this area. The plat completes the neighborhood that was platted as part of prairie Creek PUD. ACTION REQUIRED Adopt a resolution approving the development agreement and authorizing its execution. Respectfully submitted, &4,e1Zl?:~ City Planner I CitlJ of Farminf/ton 325 Oalc Street. FarminfJton, MN 55024 · (612) 463.7111 · Fair (612) 463.2591 PRO P 0 SED RESOLUTION APPROVING DEVELOPMENT AGREEMENT - prairie Creek Fourth Addition - Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to a resolution of the City Council the prairie Fourth Addition preliminary plat and the signing of the final plat were approved contingent upon, among other things, the signing of a development agreement; and WHEREAS, a development agreement is now before the Council for its consideration setting forth, among other things, the following: Surety Surface Water Management Fees Water Main Trunk Area Charge Sanitary Trunk Sewer Area Park Dedication $ 856,215.59 $ 84,092.58 $ 16,920.03 $ 75,112.50 credit to developer $ 40,200.00 and NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned developer's agreement, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of June, 1996. Mayor Attested to the day of June, 1996. SEAL Clerk/Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 17th day of June, 1996, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Progress Land Company, a Minnesota corporation (DEVELOPER). 1. Request for Plat APproval. The Developer has asked the City to approve a plat for prairie Creek Fourth Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: Outlot A Prairie Creek Third Addition 2. Conditions of Approval. The City hereby approves the plat on the condition that: a. the Developer enter into this Agreementj and b. the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Final Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - zoning/Devel:.Jpment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 1 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. 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. Zoning/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees 2 The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. 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 preconstruct ion 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 reproducible "As Built" plans. The Developer shall also supply the City with a 3.5" diskette containing the following information in an Autocad Release 12 compatible format (.dwg or .dxf files) : - approved plat proposed utilities (storm sewer, water main, sanitary sewer) - layer names should be self explanatory, or a list must be included as a key. If the Developer does not provide such information, the City will d~:ritize the data. All costs associated with digitizing the data will be the responsibility of the developer. 7. Time of Performance. The Developer shall install all required public improvements by October 30, 1997. 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. 3 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. If all improvements are installed by one contractor, the warranty period shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. If streets and underground utilities are installed by separate contractors, the warranty period on streets shall commence after the final wear course has been installed and accepted by City Council resolution and the warranty period on underground utilities shall commence following their completion and acceptance by the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. 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 standard specifications for utilities and street construction 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 and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. 4 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. 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 backfilling operations shall be reseeded 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, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for a $400.00 Erosion and Sediment Control fee based upon the number of lots in the plat, plus inspection fees at the current rate of $39.00 per hour as charged by the Soil and Water Conservation District. The Developer is also responsible for a Water Quality Management Fee of $536.25 based upon the number of acres in the plat. 12. Landscapin9. 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. 5 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any 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. For purposes of this requirement, outlots shall not be deemed to have been final platted. 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 any may require submission of a new plat. 15. Surface Water Management Area Fee. The Developer shall pay an area storm water management charge of $84,092.58 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise 6 available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer shall extend the outflow ditch from Lake Julia between Farmington City limits and the main drainage channel in Empire Township. All permits and easements that are necessary for this work shall be secured by the Developer. 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 area charge of $39,832.65 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer shall receive a credit for oversizing of $22,912.62 which reduces the watermain trunk area charge to $16,920.03. 18. Sanitary Trunk Sewer Area. The Developer shall pay a sanitary trunk sewer area charge of $27,305.85 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all 7 procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer will extend a sanitary trunk sewer from the MWCC interceptor to the existing 12" sanitary sewer trunk on Embers Avenue and provide easements for this facility. In addition, the Developer agrees to extend the trunk sewer north to the north line of the south half of Section 13 when Prairie Creek 5th Addition is platted. Credits for sanitary sewer trunk oversizing and a meter which calculates flow into the MWCC interceptor totals $102,418.35 for this plat resulting in a net credit to the Developer of $75,112.50 to be used in future platting. 19. Park Dedication. The Developer shall pay a park dedication fee of $40,200.00 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Sealcoating. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $4,839.44 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 21. GIS Fees. The Developer is responsible for a Government Information System fee of $1,625.00 based upon the number of lots within the subdivision. 8 22. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements to handle the outflow from the Lake Julia as described in Paragraph 15 and the trunk sanitary sewers described in Paragraph 18. 23. 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. 24. 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. 25. 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 $856,215.59. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be for a period ending October 30, 1997. 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. The amount of the security was calculated as follows: 9 Grading/Erosion Control $ 0 Monuments $ 13,000.00 Sanitary Sewer Lateral $384,653.10 St. Lites/Signs $ 7,681.25 Water Main $157,858.35 Blvd. Trees $ 32,600.00 Storm Sewer $ 34,814.06 Blvd. Sodding $ 18,956.88 Street Construction $164,562.26 Wetland Mitigation $ 0 Two Years Principal and Interest on Assessments $42,089.69 This breakdown is for historical reference; it is not a restriction on the use of the security. 26. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including bu~ not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the development of the plat. B. The Developer, except for City'S willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. 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 (3) days shall accrue interest at the rate of eight percent (8%) per annum. 10 27. 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. 28. 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. 29. 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, 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. 30. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 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. 11 D. Building permits shall not be issued prior to completion of rough site grading, installation of erosion control devices and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. 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, that 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 12 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. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrencej 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, and 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 25 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 29 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. 13 31. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Warren J. Israelson, President Progress Land Company 14300 Nicollet Court Suite 335 Burnsville, MN 55306 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: John F. Erar City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 14 CITY OF FARMINGTON SIGNATURE PAGE By: Eugene "Babe" Kuchera, Mayor By: John F. Erar, City Administrator DEVELOPER: Progress Land Company By: Its Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota (612) 463-7111 55024 15 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 19_ by Eugene "Babe" Kuchera, Mayor, and by John F. Erar, City Administrator/Clerk, 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 19____ by , the of Progress Land Company, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 16 TO: Mayor, Councilmembers, City Administrator ~. h~ ,On 'wi FROM: Charles Tooker, City Planner SUBJECT: Townhomes of Nelsen Hills Developers Agreement DATE: June 17, 1996 INTRODUCTION The replat of Lots 1 and 2, Block 1, Nelsen Hills Farm 3rd Addition was proposed in order to allow Heritage Development to build 4 duplex units in an area originally designed for one single family dwelling and four townhouse units. DISCUSSION Because the Townhomes of Nelsen Hills Farm is a replat of a portion of Nelsen Hills Farm 3rd Addition, the developer's agreement has been simplified to cover only surety for this development. The land area has been previously assessed for surface water management, water main trunk and sanitary trunk sewer area fees. ACTION REQUIRED Adopt a resolution approving the development agreement and authorizing its execution. (}/::ICtf~y 1J;'"Z:.d. Charles Tooker City Planner CitlJ. of FarminlJton 325 Oalc Street · Farminl/ton, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591 PRO P 0 SED RESOLUTION APPROVING DEVELOPMENT AGREEMENT - Townhomes of Nelsen Hills Farm - Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to a resolution of the City Council the Townhomes of Nelsen Hills Farm preliminary plat and the signing of the final plat were approved contingent upon, among other things, the signing of a development agreement; and WHEREAS, a development agreement is now before the Council for its consideration setting forth, among other things, the following: Surety $ 124,632.79 and NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned developer's agreement, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of June, 1996. Mayor Attested to the ____ day of June, 1996. SEAL Clerk/Administrator . DEVELOPMENT CONTRACT AGREEMENT dated this 17th day of June, 1996, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Heritage Development, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for the Townhomes of Nelsen Hills Farm (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: LOTS 1 AND 2, BLOCK 1, NELSEN HILLS FARM 3RD ADDITION 2. Conditions of Approval. The City hereby approves the plat on the condition that: a. the Developer enter into this Agreement; and b. the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Final Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 1 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. 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. Zoning/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees 2 The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. 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 preconstruct ion 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 reproducible "As Built" plans. The Developer shall also supply the City with a 3.5" diskette containing the following information in an Autocad Release 12 compatible format (.dwg or .dxf files) : - approved plat - proposed utilities (storm sewer, water main, sanitary sewer) - layer names should be self explanatory, or a list must be included as a key. If the Developer does not provide such information, the City will digitize the data. All costs associated with digitizing the data will be the responsibility of the developer. 7. Time of Performance. The Developer shall install all required public improvements by October 30, 1997. 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. 3 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. If all improvements are installed by one contractor, the warranty period shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. If streets and underground utilities are installed by separate contractors, the warranty period on streets shall commence after the final wear course has been installed and accepted by City Council resolution and the warranty period on underground utilities shall commence following their completion and acceptance by the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. 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 standard specifications for utilities and street construction 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 and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. 4 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. 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 backfilling operations shall be reseeded 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, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for a $ N/A Erosion and Sediment Control fee based upon the number of lots in the plat, plus inspection fees at the current rate of $39.00 per hour as charged by the Soil and Water Conservation District. The Developer is also responsible for a Water Quality Management Fee of $ N/A based upon the number of acres in the plat. 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. 5 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any 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 ~pproval. 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 any may require submission of a new plat. 15. Surface Water Management Area Fee. The Developer shall pay an area storm water management charge of $ N/A in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall 6 be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitigation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands F~tigation 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 area charge of $ N/A for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Sanitary Trunk Sewer Area. The Developer shall pay a sanitary trunk sewer area charge of $ N/A for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 7 19. Park Dedication. The Developer shall pay a park dedication fee of $ N/A in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Sealcoating. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ N/A for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 21. GIS Fees. The Developer is responsible for a Government Information System fee of $ 75.00 based upon the number of lots within the subdivision. 22. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 23. 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. 24. Clean Up. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be 8 disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. 25. 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 $124,632.79. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be for a period ending November 30, 1996. 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. The amount of the security was calculated as follows: Grading/Erosion Control $ 13,282.50 Monuments $ 1,600.00 Sanitary Sewer Lateral $ 17,602.48 St. Lites/Signs $ 00 Water Main $ 14,585.45 Blvd. Trees $ .00 Storm Sewer $ 14,099.69 Blvd. Sodding $ .00 Street Construction $ 63,462.67 Wetland Mitigation $ .00 Two Years principal and Interest on Assessments $ N/A This breakdown is for historical reference; it is not a restriction on the use of the security. 26. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, and all reasonable 9 costs and expenses incurred by the City in monitoring and inspecting the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. 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 (3) days shall accrue interest at the rate of eight percent (8%) per annum. 27. 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. 28. 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. 29. 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, is 10 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. 30. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 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 rough site grading, installation of erosion control devices and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. 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 11 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, that 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. After the Developer has completed the work required of it under this Agreement, at the Developer'S request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and 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. 12 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 25 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 29 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. 31. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: John Dobbs, Vice President Heritage Development 450 East County Road D St. Paul, MN 55117 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: John F. Erar City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 13 CITY OF FARMINGTON By: By: DEVELOPER: By: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota (612) 463-7111 55024 SIGNATURE PAGE Eugene "Babe" Kuchera, Mayor John F. Erar, City Administrator Its 14 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 19_ by Eugene "Babe" Kuchera, Mayor, and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of 19____ by , the of Heritage Development, corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 15 TO: Mayor, Councilmembers, City Administrator 0r FROM: Charles Tooker City Planner SUBJECT: Action Plan for the Dakota County Cluster - Livable Communities Act DATE: June 17, 1996 INTRODUCTION In February, 1996, Council adopted a resolution approving participation in the Dakota County Cluster for the Metropolitan Council Livable Communities Act. The 17 page Action Plan was put together by the Dakota County HRA and the last page indicates Farmington's participation during the first year. DISCUSSION The Housing Goals Agreement adopted by Council on November 6, 1995 indicates that during the first five years of participation in the Livable Communities Act, the City will attempt to increase the rental portion of the owner/renter mix from 24% of units to 30%. Farmington currently has more affordable rental housing than similar communities in this sector of the metropolitan area. This advantage may be short lived, however, depending upon the value of rental housing being put on the market in Farmington today. A new Action Plan will be prepared each year based upon the progress the City makes toward achieving the life cycle housing goal and the changes that may be taking place regarding affordability. The action recommended by staff and the Planning Commission involves an amendment to the PUD portion of the Zoning Ordinance that would provide a density bonus to developers if they include some rental housing within a proposed development. Farmington is in a good position to offer such a program since three property owners control approximately 800 acres of land that is considered to be the next development area of the community. The varied topography and geographic features of this land is well suited to blended neighborhoods. Even if developers show little interest in this proposal, the fact that Farmington participates in the Dakota County Cluster and has made an attempt to increase the percentage of rental housing will be considered favorably by the Metropolitan Council when it reviews future requests for MUSA expansion. ACTION RECOMMENDED Adopt the attached resolution approving the Dakota County Cluster Action Plan and the attachment for Farmington. Respectfully submitted, /1 /l r1 / Ii. / r 'l7 // L- it Char~s Tboke.rC; ~ City Planner I CitlJ. of FarminlJton 325 Oak Street · Farminl}ton, MN 55024 · (612) 463-7111 · Fa}( (612) 463-2591 PRO P 0 SED RESOLUTION ADOPTING THE ACTION PLAN FOR THE DAKOTA COUNTY CLUSTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington (City) is participating in the Metropolitan Livable Communities Act as exhibited by City Council Resolution No. R125-95; and WHEREAS, the City has negotiated and adopted affordable and life cycle housing goals in accordance with the Metropolitan Livable Communities Act; and WHEREAS, the participating communities are required to submit to the Metropolitan Council by June 30, 1996, an Action Plan identifying the actions it plans to take to meet these goals; and WHEREAS, the Metropolitan Livable Communities Act permits communities to enter into agreements with adjacent municipalities to cooperatively provide affordable and life-cycle housing to meet the combined housing goals of each participating municipality; and WHEREAS, the City has agreed to participate in the Dakota County Cluster in cooperation with the Dakota County Housing and Redevelopment Authority for the purpose of preparing and implementing the Action Plan goals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FARMINGTON that the "Action Plan for the Dakota County Cluster", including the "Attachment for the City of Farmington" is hereby adopted. BE IT FURTHER RESOLVED that the Council directs staff of the Dakota County Housing and Redevelopment Authority to submit the "Action Plan for the Dakota County Cluster" to the Metropolitan Council by June 30, 1996. This resolution adopted by recorded vote of the Farmington City Council in open session on the l7th day of June, 1996. Mayor Attested to the day of June, 1996. City Administrator SEAL METROPOLITAN LIVABLE COMMUNITIES ACT DAKOTA COUNTY CLUSTER Action Plan Attachment for the Community of FARMINGTON 1. What are the community's key atTordable housing issues as they relate to the Housing Goals Agreement? The key issue related to affordable housing in Farmington is the availability of rental housing. The City Housing Goals Agreement indicates the City Council's near term objective of increasing the rental portion of the owner/renter mix from 25% to 30%. 2. What has the community done already to encourage the availability of atTordable and life cycle housing? The City initiated a soils correction Tax Increment Financing (TIF') District within East Farmington in late 1994. This new neighborhood is designed to include 426 single family lots with housing selling at an average of $105,000 and 132 multiple family units which will be sold at an average of $95,000. The City reimburses the developer for costs associated with raising the level of housing sites an average of three feet. The level is important since it eliminates a high water table problem that made the property unsuitable for development. By paying for soils correction, the City has helped ensure the existance of an adequate supply of affordable housing. In addition, Dakota County HRA is searching the community for scattered site rental units that will help fill the need for low and moderate income housing within Farmington. 3. What will the community do in the future to encourage the availability of atTordable and life cycle housing? Farmington will encourage the use of Planned Unit Development approach that will offer a density bonus to investors willing to provide rental opportunities within developing neighborhoods. / / 05 TO: Mayor, Councilmembers and City Administrator FROM: Joy Lillejord, Recreation Program Supervisor SUBJECT: Adopt Resolution Accepting Donation DATE: June 17, 1996 INTRODUCTIONIDISCUSSION The Oxford Sportsman's Club has approved a $550.00 donation, which will be used to recover the two billard tables at the Senior Center. ACTION REQUIRED Adopt resolution accepting the Oxford Sportsman's Club donation. Respectfully submitted, . { ~ ---1/. . . r-" ~. .'.. ' " ,\ ': , I i \ /' . ~ ,- _ ..-\ " , '---. ~ L\ \ \, ::} VI..t~L' L Joy M) Lillejord Recreation Program Supervisor .,..,....- CitlJ. of FarminlJton 325 Oak Street · FarminlJton, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591 PRO P 0 SED RESOLUTION ACCEPTING DONATION FROM OXFORD SPORTSMAN'S CLUB TO SENIOR CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded. the following: WHEREAS, the Oxford Sportsman's Club has proposed to donate $550.00 to be used to recover the tops of the two billiard tables at the Farmington Area Senior Center; and WHEREAS, it is in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of $550.00 to the Farmington Area Senior Center to be used to recover the tops of the two billiard tables. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of June, 1996. Mayor Attested to the day of June, 1996. City Administrator SEAL City or Farmington VENDOR APPROVAL SUMMARY REPORT COUNCIL MEETING OF 5/17/96 to rate: 06/12/96 ~ime: 3: 10m:1 I"age: I ---------------------------------------------------------------------------------------------------------------- Check Amount Hand Check Amount Vendor Name Vendor Number Descriotion ---------------------------------------------------------------------------------------------------------------- AL'S LOCK & KEY AMERICAN REO CROSS ASSN METROPOLITAN MUNICIPALITI BLAHA'S COLLISION CENTER BON EST ROO , ROSENE, ANOERLIK IN BRIGGS AND MORGAN CBS CONSTRUCTION SERVICES COP IMAGING SYSTEMS CMC RESCUE INC. COMr~ CENTER COMWJNICATION AUDITORS CONOCO mc. COpy SALES INC. CORDING.NATWICK ARCHITECTS CUSTOM MICRO INC. ENGGREN ENTERPRISES, INC. ERAR, JOHN FARMINGTON INDEPENDENT FARMINGTON PRINTING FEED-RITE CONTROLS INC. FIRSTAFF GENERAL OFFICE PRODUCTS COMPAN GOLD STAR PRINTING INC INDEPENDENT SCHOOL DIST #19 JURGENS EBRIGHT LENA LARSON MARQUETTE BANK MINN MUNICIPAL BEVERAGE ASS MINNESOTA CITY MANAGE ASSN. "'ORE 4 MOTOR PARTS SERVICE NAPA AUTO PARTS NELSON RADIO COMMUNICATIONS NEniORK BUSINESS SUPPLIES, me OFFICE MAX OHLIN SALES. INC. PARKER'S FLOOR COVERING & APPL PEER ENVIRONMENTAL & ENGINEER PELLICCI HARDWARE ROO EQUIPMENT CO. SAURlJS SPORT INC SAVOIE SUPPLY CO DELMAR H SCHWANZ. INC SILENT KNIGHT SECURITY SYSTEMS SOUTH SUBURBAN MEDICAL CENT SOUTHAM BUSINESS INFORMATIO ST. PAUL PIONEER PRESS TOLL GAS & WELDING SUPPLY CHARLES TOOKER TOTAL REGISTER SYSTEMS TRANS-ALARM. INC. US viEST CELLUAR vi S DARLEY & CO. WENDLAND DISTRIBUTING INC ZEE MEDICAL SERVICE 1022 1028 2945 1060 1072 1088 4216 3077 4242 1161 1147 3146 2016 2091 1122 1206 4258 2190 1226 1237 1798 2011 1294 1370 4251 3000 4257 2677 1529 1202 1520 2697 1562 4256 4001 3002 1600 2986 3062 4215 2250 1696 2809 4429 1688 1713 1685 1762 1763 2553 2716 1807 4232 1828 1852 LOCK CHANGE - POLICE HEADLIFEGUARD TRAINING-GEN REC 1996 ELECT OFFICIALS gALA SURV TOWING CHARGES - POLICE SERVICES - VERMILLION RIVER LEGAL BILLINGS - FINANCE CITY HALL REMODELING COPIER LEASE - ADMIN ORGANIZER - RESCUE BATTERIES - POLICE REPAIR EQUIPMENT - FIRE GAS PURCHASES-POL,FIRE.ADM COPIER MAINTENANCE - FIRE CITY HALL REMODELING COMPUTER SOFTWARE - POLICE GAS - POLICE REIMBURSE EMPLOYEE MILEAGE-ADM PUBLIC HEARING PUBLICATION-ADM SUPPLIES - FINANCE,PK,SR. ,LIO POOL PRODUCTS - POOL RECEPTIONIST - ADMIN SUPPLIES. FURNITURE - ADM RADAR TEST FORM - POLICE BROCHURES - PARK & REC RELOCATE DATA & VOICE - ADM EMPLOYEE MILEAGE REIMB. - ENG RECORDS SEARCH - POLICE ANNUAL DUES - LIQ ANNUAL MEMBERSHIP - ADM SUPPLIES - POLICE, SR. CTR. PARTS - POLICE, PK & REC PARTS - PARK & REG RELOCATE REMOTES-POLICE, FIRE SUPPLIES - LIQ SUPPLIES - ADM LIGHT - FIRE MATERIALS - FIRE SERVICES - WAUSAU SUPPLY STORM SUPPLIES-ADM,POL,FIRE,PK/REC PARTS - ENG SUPPLIES - POOL PAPER TOWEL DISPENSER-CITYHALL EASEMENT DESCRIPTION-ASH. PR W MONITORING SERVICE - LIBRARY FIREMAN PHYSICAL - FIRE PUBLICATIONS - POOL, PW. ST. NEWSPAPER RENEWAL - POLICE CYLINDERS - PARK & REC EMPLOYEE REIMBURSE MILEAGE-ADM COMPUTER ACCESSORIES - LIQ ALARM SERVICE-ARENA PHONE EQUIPMENT - FIRE STROBE LIGHT - POLICE PARTS - PARK/REG J~ATFRIALS - POOL 55.92 50.00 15.00 226.31 19,840.55 1,252.10 .00 .00 .00 ,00 .00 .00 51 , 1 91 . 00 287.89 97.50 163.75 221.75 321.86 61.62 1,620.92 400.00 10.20 2.50 152.11 747.38 2,293.36 528.00 32.599.07 52.72 1,501.50 80.00 24.65 195.00 341. 00 60.00 32.96 629.27 73.75 130.00 107.11 31B.97 142.43 11.45 3,179.95 1,051.83 B.OO 56.22 92.85 3,300.00 191.70 65.00 515.70 21.45 49.49 2.90 91.48 97.30 256.67 49.96 7.96 68.11 .00 .00 .00 .00 .00 .00 .00 .00 .00 .OC} .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .on .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ,00 .00 ,00 .00 .00 .00 Grand Total: 124,946.17 ,00 Council Meeting of 6/17/96 Bills previously paid but not approved: Alcorn Beverage Inc. A T & T Wireless Services Budget Oil Co. City of Farmington College City Beverage Inc. Dakota Electric Day Distributing Co. Fritz Co. Inc. Fritz Co. Inc. Frontier Griggs, Cooper & Co. Griggs, Cooper & Co. Hanson Beverage Co. Hohensteins Inc. Johnson Brothers Liquor Co. Johnson Brothers Liquor Co. Jordan Beverage Inc. Mark VII Distributors Midwest Coca Cola NSP Peoples Natural Gas Phillips Wine and Spirits Phillips Wine and Spirits US West Cellular Approved: Kuchera Galler Fitch Gamer Ristow Merchandise for Resale Telephone Service RentlUtilities Utility Billing Merchandise for Resale Utilities Merchandise for Resale Merchandise for Resale Merchandise for Resale Telephone Service Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Utilitities Utilities Merchandise for Resale Merchandise for Resale Telephone Service $10,338.75 13.33 2,043.06 3,655.09 19,890.10 2,640.92 486.30 311.88 914.46 690.65 4,569.58 1,864.46 692.95 4,115.90 2,270.07 1,938.85 2,514.10 7,273.55 204.50 2,411.35 29.68 2,250.81 2,083.74 153.52 $73,357.60 TO: Mayor, Councilmembers and City Administrator lC( FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: 1996 Seal Coat, Project 96-7 DATE: June 17, 1996 INTRODUCTION The City Council continued the Public Hearing for the 1996 Seal Coat Project to this meeting, to allow additional time for residents to review their assessment notices. DISCUSSION The City Council awarded the contract to Allied Blacktop at the June 3, 1996, meeting. Allied has indicated they will be scheduling the project between July 1 and July 19, 1996. It was previously recommended that the 1996 assessment rate be established at $51.50 per buildable lot. The final assessment roll has been prepared based on the rate approved by Council at the June 3, 1996, meeting. It is available for review at City Hall. Attached is a proposed resolution declaring the costs to be assessed and adopting the assessment roll. BUDGET IMPACT The budget impacts were outlined in the memo sent to the Council for the June 3, 1996, meeting. The City has adequate funds available for the project. RECOMMENDATION It is recommended that the City Council: 1. Conclude the public hearing. 2. Adopt a resolution approving the final assessment roll using the rate of $51.50 per buildable lot. 3. Direct staff to send a notice to all affected property owners informing them of the assessment based upon $51.50 per buildable lot. It will also inform them that assessments can be prepaid within 30 days after the adoption of the assessment roll or it will go on next years' taxes. 1Z:'Y su~:;u Thomas iunski. P.E. Director of Public Works/City Engineer cc: file, Wayne Henneke, Karen Finstuen, Donajo Heikes, TJK I CitlJ. of FarminlJton 325 Oak Street · Farmin(jton, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591 RESOLUTION NO. R - 96 DECLARING COSTS TO BE ASSESSED AND ADOPTION OF ASSESSMENT ROLL PROJECT NO. 96-7 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of June, 1996 at 7:00 P.M.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, a contract has been let for the following proposed improvement: Prtiject 96-7 ; and Description Seal coat streets - oil and aggregate Location various locations WHEREAS, the contract for such improvement is $21,560.18 and the total project cost amounts to $27,273.63. NOW THEREFORE, BE IT RESOLVED that: 1. The portion of such improvement to be paid by the City is hereby declared to be $9,609.13 and the portion of the cost to be assessed against benefited property is declared to be $10,096.00 as part of Project 96-7 and $4,377.50 as part of Project 93-13 and $3,193.00 as part of Project 92-16. 3. Assessments shall be payable in one installment over one year, the installment to be paid on the first Monday in January, 1996, and shall bear interest at the rate of 8.0% per annum from the date of the adoption of the assessment r7s01ution. '" _, ~ . ~ (\ . . I L. ~. u.~ ~ n,. f~ ~~ ()\:~~k 1) U:t:- ULVJc ~ I\)A-t i.-i) T e' dministrator, with the aS$stanc'e of the City Engin~ shall k>rt' culate t proper amount to essed for such improve 'nst every assessable lot, piece or parcel of 1 . e IS net a ecte ,.r~.d.JQ_~ash valuation as provided by law, and all file a copy of such proposed assessment in his office 'foflm15lic mspectiun-:--------- 2. 4. The Administrator shall, upon completion of such proposed assessment, notify the Council thereof. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of June, 1996. Mayor Attested to the day of ,1996. Clerk! Administrator SEAL -i ! /fJ TO: Mayor, Councilmembers and City Administrator FROM: Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer SUBJECT: Lexington Standard Grading Permit DATE: June 17, 1996 INTRODUCTION The City of Farmington received an application for a grading permit from Amcon Construction on behalf of Lexington Standard Corporation. Council received a copy of the application when the hearing date was set. DISCUSSION The permit being considered for Lexington Standard shall meet all requirements of Section 3-2-2 of the City code. It should be noted that the code would exempt this project from a grading permit if this work was being done in conjunction with a building permit. In order to keep their expansion on schedule, Lexington Standard has decided to apply for a grading permit before applying for the building permit. The following conditions will be required; 8. The operators shall post signs warning traffic whenever trucks are hauling onto existing pavements. The designated haul route is Eaton Avenue to CSAH 50. 9. Burying of debris, asphalt, concrete, etc., shall not be permitted in accordance with local, state and federal regulations. 10. The existing topsoil shall be salvaged to the greatest extent possible and respread over the site. 11. The contractor shall be responsible for any damages that occur to existing streets through the hauling of the material extracted. All repairs shall be done as directed by the City Engineer. 12. The contractor will reimburse the City for its engineering review and subsequent inspections as billed by the City's Finance Department. 13. The contractor is required to utilize erosion control practices as directed by the City Engineer. A gravel entrance pad shall be required whenever earth moving equipment exits the site and enters onto existing pavements 14. The site shall be revegetated and/or paved per the approved plan as soon as practical. 15. The contractor is required to provide temporary safety fencing around all excavation pits to ensure public safety. 16. The plan indicates more than one acre of impervious surface is proposed. This would require the construction of a treatment pond meeting National Urban Runoff Protection standards (N . U . R. P.). This ponding requirement will be met through a regional concept that has been proposed for the entire Industrial Park. 17. The developer shall provide a means of eliminating any temporary ponding of water, per the approved grading plan, until the City has completed construction infrastructure in Phase II of the Industrial Park as directed by the City Engineer. 18. Lexington Standard shall submit documentation that they have permission of the property owner to grade the site. RECOMMENDATION Approve the grading permit for Lexington Standard subject to the conditions listed in this memo. 1%::;UY 7Jb Thomaildunski' P.E. Director of Public Works/City Engineer T JK/ll cc: file Wayne Henneke Jerry Henricks TJK Bernard Murphy Dick Hansen, Lexington Standard Dennis Cornelius, Ameon TO: Mayor and Councilmembers Q /<<- FROM: John F. Erar, City Administrator SUBJECT: Dismissal of Actions - Castle Rock Township Dakota County Fair Board DATE: June 17, 1996 INTRODUCTION At the June 3, 1996 Council meeting, Council approved actions by the City Attorney to dismiss the City's legal proceedings against Castle Rock Township and the Dakota County Fair Board. In response, an Order has been drafted by the City Attorney and transmitted to the appropriate parties. DISCUSSION While the dismissal action will end any further legal proceedings in this matter, certain issues relating to the Ash Street project (Phase III) still exist. In particular, what actions should the City pursue to facilitate agreement on the street construction project with Castle Rock Township residents? Assessment calculations, if the project were to proceed in 1997, will still need to be addressed with respect to non-resident benefiting properties. In addition, should some type of joint board be established with Castle Rock Township to work out the financial particulars of the project? What role should the Watershed Board play in establishing a workable and mutually agreeable assessment schedule? Moreover, while Council has firmly stated that township properties wanting utility connections must first be annexed into the City, how should this condition be treated with respect to initiating further discussions with the township? These are but a few of the issues which will need to discussed prior to moving forward with the Phase III of the waterway. BUDGET IMPACT None at this time. RECOMMENDATION It is suggested that Council schedule a workshop to discuss these issues. Respectfully submitted, f!!;Et -b City Administrator CitlJ. of FarminlJton 325 Oak Street · FarminlJton, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591 TO: Mayor, Councilmembers, City Administrator FROM: James Bell, Parks and Recreation Director SUBJECT: City Light Standards DATE: June 17, 1996 INTRODUCTION Review of City street light standards discussed previously by Council. DISCUSSION At the June 10th Council workshop, staff was directed to study what other communities are doing with the vandalism to street light standards. Staff has not been able to complete this study and will present the results of this study at the July 1, 1996 Council meeting. ACTION REQUESTED Please place this item on the July 1 st Council Agenda. Respectfully submitted, L...,c~~ ~$.-;1.. . James Bell Parks and Recreation Director ;/1 \'.,/6 v/ I . 5......... Twin (ili.. A...e. lEAl. TOl5 ~::. Olrilteph.r Galler, ....Ik Allain 0fIk.: 45Z"'11, Fu: 452-zt11 /O~ CHRISTOPHER M. GALLER 5275 ONE HUNDRED NINE:T1ETI-I STREET, FARMINGTON, MN 55024 RE:SJDE:NCE: 463-8477, OFFICE 452-6611, FAX 452-2911 TO: Mayor Kuchera & Councilmembers DATE: June 12, 1996 RE: PARENTAL RESPONSIBIUTY ORDINANCE Over the past few years, residents have become increasingly concerned about the increases in youth crime in our community. Much of the problem can be attributed to a break down in parental responsibility. As we discussed with the School Board recently, resolving the issue is far from simplistic, even though, we agreed that bad behavior will not be eliminated without parents taking responsibility for the actiohs of their kids. This ordinance is the first step toward holding the parents, the people that chose to have kids, responsible for the actions of their youth. The ordinance is not designed to overly punish the parents of children that happen to do something foolish one time. I have three boys, who at some point in the future, may do something that is wrong. I, along with the bulk of parents, will take the appropriate remedial action to correct the situation and make sure it does not happen again. I nstead this ordinance is directed straight at the parent(s) who refuses to believe their child has done wrong and is unwilling to take responsibility for the actions of their child. We have all reminisced about our youth. What we did and what we got aNay with. This ordinance is not a cure all for the adventuresome youth that decides to test the edge. But what it will help to stop, is youth's without a conscious that repeatedly cause trouble for others. It will hold those parents responsible for the actions of their kids. And it will send a clear message to the community that Farmington expects that the youth, and adults, live and act in an civilized manner. The attached ordinance comes from Saint Clair Shores, Michigan. Chief Siebenaler contacted the Police Department in that city to obtain their language. I have used their ordinance as a base for our ordinance. A copy of the ordinance has been forwarded to our attorney Dave Grannis. The League of Minnesota Cities is researching whether or not this ordinance can be established under Minnesota State law. If State law prohibits a local community from establishing these types of parental conduct laws, then I believe we should pursue the matter at the legislature next session. I look forward to hearing your comments at the meeting. Sincerely, Ck~L-.T' G.lleT' S.utlle.. Twi. (11105 Auee. IEAlTHS (.rl510,.or Gallor, '.blk AlbIn tIIleo: 452-1111, FIx: 452-2t11 PARENTAL RESPONSIBILITY ORDINANCE City of Farmington, Minnesota The City of Farmington ordains that its Code of Ordinances is hereby amended by the adoption of a PARENTAL RESPONSIBILITY ORDINANCE as follows: SEC. 1. PURPOSE. This ordinance is declared necessary for the preservation of the public peace, health, safety and welfare of the people of the City of Farmington, and is intended to address situations where parents have failed to act responsi hi y and reasonably in the supervision of their minor children to the detriment of the general public. SEC. 2. DEFINITIONS. As used in this Ordinance: a DEI1NQUENI" ACT means those acts which violate the laws of the United States, or the statutes of the ordinances of the State of Minnesota, Dakota County, or the City of Farmington which would cause or tend to cause the minor to come under the jurisdiction of the juvenile division of the Probate Court as defined by (STATE LAW), but does not include traffic violations. b MINOR means any person under the age of eighteen (18) years residing with a parent. e PARENI" means mother, father, legal guardian and any other person having care or custody of a minor or any person acting in the parents' stead who have custody or control over the minor. d ILLEGAL DRUGS means controlled substances obtained without a legal prescription. e JlNENlLE DEI1NQUENI" means those minors whose behavior interferes with the rights of others or menaces the welfare of the community. SEC. 3. PARENTAL DUTIES. a. It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act. b. Included (without limitation) in this continuous duty of reasonable parental control are the following duties: To keep illegal dr~ or illegal firearms out of the home and legal firearms locked in places that are inaccessible to the minor. 2. To know the Curfew ordinance of the City of Farmington, and to require the minor to observe the Curfew ordinance: a. No child under the age of twelve (12) years shall be permitted or allowed to be upon the public streets or in any public place between the hours of 10:00 p.m. and 6:00 a.m. b. No child under the age of seventeen (11) years shall be permitted or caused to be upon the public streets or in any public place between the hours of 11: 00 p.m. and 6:00 a.m. on the nights of Sunday, Monday, Tuesday, Wednesday, Thursday nor allowed in the foremention locations between the hours of 12:00 p.m. and 6:00 a.m. $........ lIvl. Cltl.. AnDc. IEALTHS Orl.h,.., 'ell..., ...Ik Alreln tIIIe.: 452.1111, Fe.: 452.2111 c. Subsections (a) and (b) of this section shall not apply when the child is with the parent, legal guardian, or adult selected by the parent or legal guardian to be with the child or if the child is over twelve (12) years of age and is upon an errand or other legitimate business directed by his parent or guardian and has proof of such pennis Slon. 3. To require the minor to attend regular school sessions and forbid the minor to be absent from class without parental or school permission. 4. To arrange proper supervision for the minor when the parent must be absent. 5. To take the necessary precautions to prevent the minor from maliciously or willfully destroying real, personal, or mixed property which bele>ng'l to the City of Farmington, or is located in the City of Farmington. 6. To forbid the minor from keeping stolen property, illegally possessing firearms or illegal drugs, or associating with known juvenile delinquents, and to seek help from appropriate governmen tal authorities or private agencies in handling or controlling the minor when necessary. SEC. 4. NOTIFICATION OF PARENTS; RECORD OF NOTIFICATION a. Whenever a minor is arrested or detained for the cormnission of any delinquent act within the City of Farmington, the parent of the minor shall be immediately notified by the Farmington Police Department, advising the parent of such arrest or detention, the reason therefore, and the parent's responsibility under this Ordinance. b. A record of such notifications shall be kept by the Farmington Police Department. SEC. 5. PARENTAL VIOLATION AND PENALTY. a. No parent or guardian of any minor under the age of eighteen (18) years shall fail to exercise reasonable parental control over such minor. An adjudication that said minor has violated a provision of this code which is a misdemeanor or a fmding that said minor is responsible for a violation of this code which is deemed a civil infraction shall be prima facie evidence that said parent or guardian failed to exercise reasonable parental control. b. Pursuant to the violation ofthis code, the parent/guardian of minor shall be held civilly reslX'nsible for the damages caused by the commission of any delinquent act within the City of Farmington. c. Upon the first conviction of a violation of this Ordinance, the parent shall be subject of a fine of not less than seventy-five ($75.00) dollars, nor more than one hundred ($100.00) dollars. d. Upon the second conviction of a violation of this Ordinance, the parent shall be subject to a fine of not less than two hundred ($200.00) dollars, nor more than five hundred ($500.00) dollars, and in addition. shall be sentenced to probation with the condition that the parent participate in, through completion. a court approved, community based treatment program (such as parenting skills, family services, employ ment and training, etc.) or, at the discretion ofthe court, be imprisoned for a period of up to thirty (30) days. e. Upon the third or subsequent violation and conviction, the parent shall be subject to a fme of not less than five hundred ($500.00) dollars, nor more than one thousand ($1,000.00) dollars, and at the discretion of the court, imprisoned for a period of up to ninety (90) days. Soutlla.. Twl. (1Il_ A..oe. lEAL TH$ CIIr1.to,.ar Galler, '..Ik AIrIln tIIIea: 452-1111, Fax: 452-2111 SEC. 6. SEVERABILITY. a. Should any section, subdivision, clause or phrase of this Ordinance be declared by the courts to be invalid or unacceptable, such holding shall not affect the validity Ol" enforceability of the Ordinance as a whole or of any part thereof, other than such parts so invalidated or declared unenforceable Any ordinance Ol" parts of any ordinance in conflict with any provision ofthis Ordinance are hereby repealed The Ordinance shall become effective upon publication by the City Clerk TO: Mayor, Councilmembers, City Administrator I l ; I I Ie( FROM: Karen Finstuen Administrative Assistant SUBJECT: HPC Context Study and Approve Request for Downtown Survey DATE: June 17, 1996 INTRODUCTION Consultant Robert Vogel will be present to make a brief presentation of the Historical Context Study he prepared as required by an HPC federal grant. (Exhibit 1) Approve annual retainer with Mr. Vogel for 1996. (Exhibit 2) Approve preparation of a historic preservation survey of downtown Farmington. (Exhibit 3) DISCUSSION Historic preservation of the City becomes important as the City continues to experience rapid growth and development. Both new and long time residents need to be aware of the history behind the City they call home. As part of his retainer, Mr. Vogel will prepare articles for the City newsletter to inform residents of Farmington's rich historical background. The growth that is occurring in residential neighborhoods will, inevitably, create expansion and change in the downtown area. A historic survey of the downtown will be a valuable decision making tool when determining where changes should, or should not, be made. The HPC requested Robert C. Vogel and Associates to perform this survey. BUDGET IMPACT The retainer fee of $500.00 and survey cost of $3,000 are funded in the 1996 Budget. ACTION REQUESTED Approve Mr. Vogel's 1996 retainer and his performance of the downtown survey. ~ Respectfully sUbm. itted, /. . - )., () '+ u.AJ-- () h. cf~~ Karen M. Finstuen Administrative Assistant CitlJ. of FarminlJton 325 Oak Street · FarminlJtonl MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591 FARMINGTON HISTORIC CONTEXT DOCUMENT Final Report of the Historic Context Study 1994-1995 Prepared by Robert C. Vogel & Associates Historians, Archaeologists & Preservation Planners For the Farmington Heritage Preservation Commission July 1995 FARMINGTON HERITAGE PRESERVATION COMMISSION CONTE:\:TS Executive Surnmarv Introduction Historic Contexts: I: Prehistoric Native Americans, ca. 10,000 B.C. to A.D. 1650 II. Historic Native Americans, ca. 1650 to 1862 III: Agriculture and Rural L~feways, 1854 to ca. 1950 IV: Town Planning and Urban Development. 1865 to ca. 1950 V: Downtown Farmington, 1865 to ca. 1950 VI: Residential Neighborhoods, 1865 to ca. 1950 VII: Commerce and Indust71J, 1865 to ca. 1950 ..J VIII: Transportation, 1850s to ca. 1950 IX: Churches and Cemeteries, 1860s to ca. 1950 X: Education, 1855 to ca. 1950 XI: Tourism, Recreation and Leisure Activities, ca. 1860s to ca. 1950 XII: Geographical Features of Historic Interest Recommendations for Implementation ... Appendix A: List of Sources Consulted Appendix B: Historic Preservation Planning Areas ~ll Robert C. Vogel & Associates Historians, Archaeologists and Preservation Planners 216 Cleveland Avenue S. W. New Brighton, Minnesota 55112-3508 Tel. (612) 604-0175 Fax (612) 604-0250 Memorandum To: Karen Finstuen, Acting City Administrator City of Farmington, Minnesota From: Robert C. Vogel, Preservation Planning Consultant Date: 25 January 1996 Re: Historic Preservation Consultant As we discussed previously on the telephone, I would like to continue to work with the City of Farmington as a historic preservation planning consultant in 1996. This memorandum outlines my proposal for a personal services contract, to take effect sometime in February 1996. Scope of services: As the City of Farmington's preservation planning consultant, I will: 1. Advise the City of Farmington on all matters relating to historic preservation: 2. Attend a minimum of four (4) meetings of the Farmington Heritage Preservation Commission: 3. Assist the Farmington HPC in retaining its status as a Certified Local Government in 1996: 4. Research, develop and prioritize local historic preservation projects, identify potential funding sources, and prepare a long-range action plan for the Farmington HPC: 5. Provide training for HPC members and City staff in cultural resource management, historic preservation survey and CLG grants administration: and 6. Provide such written and verbal reports as requested by the Farmington City Council. Cultural Resource Management Consultants Since 1978 Compensation 1. Annual retainer of five hundred dollars ($500), payable upon execution of a contract between the City and me. 2. The City will pay me additional compensation for additional work approved by the City Council at the rate of thirty dollars ($30) per hour, plus expenses. I will invoice the City on a monthly basis. Terms The contract should run from the date of execution until 31 December 1996 and will not be assignable. I will be an independent private contractor and will not be an employee of the City of Farmington. If you have any questions, please do not hesitate to call me. I shall look forward to hearing from you. PROPOSAL FOR A mSTORIC PRESERVATION SURVEY OF DOWNTOWN FARMINGTON Submitted by Robert C . Vogel 216 Cleveland Avenue SW New Brighton. Minnesota 55112-3508 612.604.0175 (phone) 612.604.0250 (fax) June 1996 This proposal responds to a request made by the Farmington Heritage Preservation Commission (HPC) and its staff for a historic preservation survey of the downtown area. Downtown Farmington contains a significant concentration of old buildings, structures, and sites of historical and aesthetic value. Taken individually and as a whole, these properties represent scarce, non -renewable community resources. Purpose of the Downtown Survey The City of Farmington has joined more than a thousand other cities across the nation in making a commitment to historic preservation as public policy. Through its ordinances, it has established a heritage preservation commission and charged it with preparing an inventory of the city's historic resources. As a Certified Local Govemment under the National Historic Preservation Act, the city is an active participant in a unique federal-state-Iocal govemment partnership, and has used federal grant funds (as well as local tax dollars) to fund the first step in the local historic preservation planning process: the historic context study of 1994-95. Historic resources cannot be preserved and protected unless they are known. Decisions about which historic resources will be protected need to be based on reliable information. This information needs to be accurate and comprehensive and organized in a manner which allows ready access by city officials and the public. These are the essential reasons for undertaking historic preservation surveys. Historic preservation survey is the process of identifying and gathering information about the historic resources within a given area. It includes recording historic architectural resources on the ground and historical investigation into the physical histories of the most significant properties. The raw survey data (research notes. photographs. maps) is used to develop an inventory of all the historic 1 resources surveyed. The buildings, structures, and sites in the inventory are then evaluated against defined criteria for determining which historic resources are significant and therefore worthy of preservation. The underlying reason for undertaking a survey of downtown Farmington is the growing realization that the downtown area gives the city much of its special character. Indeed, many of the buildings, streetscapes, sidewalks, and open spaces have already been singled out as important and worthy of preservation. In terms of community development, the historic fabric of downtown Farmington represents a considerable investment of energy, time, money, and raw materials. However, there is no reliable source of baseline information about the historic downtown. The only historic preservation survey done in Farmington was carried out more than ten years ago and was intended as a "once over lightly" windshield survey. The quantity of information on individual historic buildings is thin (for example, some of the inventory files lack street addresses) and no attempt was made to assemble more than a sample of Farmington's heritage resources. Survey Objectives The survey will provide a basis for integrating historic preservation into development planning. To make effective use of the historic resources downtown, city officials do not have to "tum back the clock," or commit to the creation of a museum. Not every old building can or should be saved; but significant historic buildings can and should be preserved as functional parts of the modem city. The survey will provide planners and policy makers with important basic data, so that historic resources can be properly evaluated and given due consideration in the planning process. The survey will also present specific recommendations and altematives for preserving, protecting, and using individual historic properties. Every effort will be made to identify applicable preservation tools including, but not limited to, National Register designation, conservation easements, grants, zoning and land use controls. Scope of the Investigation As outlined in the 1995 Historic Context Document, downtown Farmington has known or potentially important historic resources in five broad categories: Buildings -- including notable examples of architectural styles and periods, commercial buildings and blocks. stores, and 2 buildings which show the history and development of the downtown business district since the mid-nineteenth century. Sites -- possible archaeological sites that may shed light on local history. the locations of important historic events,' and possible Native American remains. Structures -- transportation structures. streets, highways. street furniture. sidewalks, utilities. Objects -- signs. monuments. markers. statuary. trees, and artwork. Districts -- groups of buildings and structures that physically and historically comprise a specific environment, groups of buildings that represent historical development patterns. parks. open space areas, and landscape architecture. The survey will not directly result in nominations to the National Register of Historic Places but will provide the precise kinds of information necessary to do so. Level of Documentation The survey of downtown Farmington will be a close and careful look at the entire area. The study will be designed to identify precisely and completely all historic resources in the area. Research will involve both historical research in documentary sources and documentation of all historic properties in the field. Survey Area Boundaries The boundaries of the Downtown Historic Preservation Planning Area identified in the Historic Context will define the survey area. Final Products The survey will generate the following products. to be submitted to the city at the end of the project: (1) A technical report containing the following specific information: (a) The kinds of historic resources looked for: (b) The method of survey: (c) The number of historic and non-historic properties located within the survey area: (d) A photographic record of all historic properties: (e) A map of the locations of all historic properties: and 3 (f) A narrative description of the appearance. significance. and preservation potential of each historic property. (2) An historic resource inventory file for each historic property surveyed. to include: (a) The name of the resource and its official Minnesota Historic Site inventory identification number: (b) Its address and tax identification number; (c) The name. address. and telephone number of the owner: (d) The type of resource (Le.. store. commercial block): (e) A description of the physical appearance of the property: (f) A concise statement of its significance and National Register eligibility: (g) Black-and-white photographs; and (h) Other documentation as appropriate. Coordination To the extent possible. the downtown survey will be coordinated with other community projects involving heritage preservation or education. I will provide city officials with monthly written progress reports and expect to attend Farmington HPC meetings. As the city's partner in historic preservation. the Minnesota Historical Society will be provided with the results of the survey as they become available. Schedule A survey timetable will need to be worked out once the project receives the go-ahead. I would prefer to structure the survey so that it could provide opportunities for volunteer participation and public outreach: this extends the time line somewhat. but also effectively widens the impact of the survey. The length of time it will take me to accomplish the tasks outlined above will depend to some extent on the level of community participation. A phased survey is recommended: this would encompass (a) a reconnaissance inspection (literally walking around downtown and noting the general distribution and different architectural styles of buildings) to be made with volunteers; followed by (b) an intensive (building by building) inspection conducted by the consultant; then (c) using the raw data for public presentations and workshops: and finally (d) concluding the project with the consultant's written technical report and completed inventory. Assuming a start 4 date in early July 1996, the downtown survey could be completed by the end of December 1996. Qualifications As a Certified Local Government, the City of Farmington has adopted the Secretary of the Interior's professional qualifications standards. I meet the Secretary's standards in the fields of history and architecture history and have successfully completed more than 100 survey projects. I am also proud to claim authorship of the 1995 Farmington Historic Context Document. A copy of my resume is attached to this proposal. Fee The fixed fee for my services is three thousand dollars ($3,000) and includes expenses. I will be happy to meet with City officials to negotiate a payment schedule. 5 ROBERT C. VOGEL Education: B.A., Geography, University of Minnesota (1975) Graduate work in Anthropology, Northwestern State University of Louisiana (1978) M.A., Geography, University of Minnesota (1980) Doctoral Canadidate, Geography, University of Minnesota Employment: 1991-present Senior Historian, Bear Creek Archeology, Inc., St. Paul, Minnesota. Archival research, architecturelhistory survey, historical archeology research, National Register nominations, HABS/HAER, and preservation planning; principal investigator, project manager, and project historian/architectural historian on more than 100 cultural resource investigations; proposal and grant writing. 1984-present City Historic Preservation Officer, Cottage Grove, Minnesota. Manager of Historic Preservation Division, Department of Community Development; staff heritage preservation commission; Certified Local Government program; direct ongoing cultural resources survey; research, review and compliance, technical assistance, public education/outreach, grant writing, and administration. 1978-present Independent Private Contractor, Historic Preservation and Cultural Resource Management, Cottage Grove, St. Paul, and New Brighton, Minnesota. Historical, archeological, architectural, and planning research; National Register nominations, HABS/HAER, reuse studies, Section 106 review and compliance studies, public education, comprehensive planning, and museums consulting; more than 150 projects in twelve states. 1993 Instructor, Luther College, Decorah, Iowa. Taught undergraduate course in cultural geography. 1981 Archaeological Assistant, University of North Dakota Archaeological Research (UNDAR-West), Bellfield, North Dakota. Crew member and crew chief; archeological reconnaissance surveys and testing, archival research, and report preparation. 1980 Graduate Research Assistant, Wilford Archaeology Laboratory, University of Minnesota, Minneapolis. Historical research for cultural resource investigations. 1977 -80 Graduate Teaching Assistant, Department of Geography, University of Minnesota, Minneapolis. Undergraduate survey courses in physical and urban geography. Selected Bibliography: Articles and Reviews: Vogel, R. C. 1976. The Bayou Pierre Settlements. North Louisiana Historical Association Journal 7: 101-111. Vogel, R. C. 1980. An Archaeological Reconnaissance of the Minneapolis Campus, University of Minnesota. The Minnesota Archaeologist 39: 106-110. Vogel, R. C. 1985. A Louisianian's View of the Mexican Revolution in 1810: Paul Bouet Laffitte's Letter to Dr. John Sibley. North Louisiana Historical Association Journal 16:131-135. Vogel, R. C. 1988. Archaeology and Historic Preservation in Minnesota. Preservation Matters 4(2):4-5. Vogel, R. C. 1988. Articles on Benard de la Harpe, Aaron Burr, Pierre Laffite, John Sibley, and others, inA Dictionary of Louisiana Biography, edited by Glenn R. Conrad. 2 vols. University of Southwestern Louisiana Press, Lafayette. Vogel, R. C. 1988. Review of The Hasinais: Southern Caddoans as Seen by the Earliest Europeans, by Herbert Eugene Bolton, edited by Russell M. Magnaghi. Louisiana History 29:92-93. Vogel, R. C. 1988. Review of The Handbook of the American Frontier: Four Centuries of Indian-White Relationships, VoL I: The Southeastern Woodlands, by J. Nonnan Heard. Louisiana History 29:204-205. Vogel, R. C. 1988. Fann Debt Crisis of the Eighties: Preservation Crisis in the Nineties. Preservation Matters 4(11):6-7. Vogel, R. C. 1990. Jean Laffite, the Baratarians, and the Historical Geography of Piracy in the Gulf of Mexico. The Gulf Coast Historical Review 5 :63-77. Vogel, R. C. 1990. Barn Survey in Cottage Grove. Preservation Matters 6(6):1-3. Vogel, R. C. 1992. Patterson and Ross' Raid on Barataria, September, 1814. Louisiana History 33: 157 -170. Vogel, R. C. 1995. The Yatasi of Northwest Louisiana: An Ethnohistorical Perspective. North Louisiana Historical Association Journal 26: 10-33. Vogel, R. c., and D. G. Stanley. n.d. Archaeological Testing at the Rick Lewis Site (21 W A55): An Historic Dugout Site in Washington County. The Minnesota Archaeologist [in press]. Special Publications: Stanley, D. G., and R. C. Vogel. 1987. Overview of Upper Mississippi Valley Prehistory with Special Reference to Cottage Grove, Minnesota. Perspectives in Cottage Grove History no. 3. Parks, Recreation & Natural Resources Commission, Cottage Grove. Vogel, R. C. 1986. Historic Houses of Cottage Grove: A Field Guide. Perspectives in Cottage Grove History no. 1. Parks, Recreation & Natural Resources Commission, Cottage Grove. Vogel, R. C. 1989. Down by Grey Cloud: The Mississippi River in Cottage Grove History. Perspectives in Cottage Grove History no. 5. Advisory Committee on Historic Preservation, Cottage Grove. Vogel, R. c., and D. L. Crown. 1995. The World War II Ordnance Department's Government-Owned Contractor-Operated (GO CO) Industrial Facilities: Twin Cities Ordnance Plant Historic Investigation. U. S. Army Materials Command Historic Context Series, Report of Investigations Number 8A. Fort Worth District Corps of Engineers. Vogel, R. c., and D. G. Stanley. 1991. Historic Portages in Minnesota: An Archaeological and Landscape History Approach. Privately printed, St Paul. Historic Preservation Plans: Benn, D. W., and R. C. Vogel. 1995. The Historic Properties Management Plan for the Mississippi River, Pools 11 Through 22, Rock Island District Corps of Engineers. Bear Creek Archeology, Inc., for the Rock Island District Corps of Engineers. Rogers, L. D., and R. C. Vogel. 1989. Allamakee County, Iowa: Historic Archeology Overview. Bear Creek Archeology, Inc., for the Al1amakee Historic Preservation Commission. Stanley, D. G., and R. C. Vogel. 1990. The Archeology of Clayton County, Iowa: An Overview and Research Guide. 2 vols. Highland Cultural Research Center for the Clayton County Historic Preservation Commission. Stanley, D. G., and R. C. Vogel. 1993. The Archeology of Winneshiek County, Iowa: An Overview and Research Guide. 2 vols. Bear Creek Archeology, Inc., for the Winneshiek County Historical Society. Vogel, R. C. 1986. Cottage Grove Comprehensive Cultural Resource Management Plan. Parks, Recreation & Natural Resources Commission, City of Cottage Grove. Vogel, R. C. 1991. Historic Preservation in Fort Madison, Iowa: A Comprehensive Approach. Robert C. Vogel & Associates, St. Paul, for the Fort Madison Historic Preservation Commission. Vogel, R. C. 1993. Stillwater Historic Contexts: A Comprehensive Planning Approach. Robert C. Vogel & Associates, St. Paul, for the Stillwater Heritage Preservation Commission. Vogel, R. C. 1994. Historic Contexts for the City of Red Wing. Bear Creek Archeology, Inc., for the Red Wing Heritage Preservation Commission, Red Wing, Minnesota. Vogel, R. C. 1995. Farmington Historic Context Document. Robert C. Vogel for the Farmington Heritage Preservation Commission, Farmington, Minnesota. Major Technical Reports: Anderson, J. D., W. Green, and R. C. Vogel. 1988. Geomorphological Investigations: Mississippi River Pool 21, Illinois and Missouri, with Archaeological and Historical Overviews. Donohue & Associates, Sheboygan, Wisconsin, for the Rock Island District Corps of Engineers. Benn, D. W., Anderson, J.D., and Vogel, R. C. 1989. Archaeology and Geomorphology in Pools 17 and 18, Upper Mississippi River. 2 vols. Center for Archaeological Research, Southwest Missouri State University, Springfield, for the Rock Island District Corps of Engineers. Benn, D. W., E. A. Bettis ill, and R. C. Vogel. 1989. Archaeology, Geomorphology and Historic Surveys in Pools 13-14, Upper Mississippi River. 2 vols. Center for Archaeological Research, Southwest Missouri State University, Springfield, for the Rock Island District Corps of Engineers. Borchert, 1., R. C. Vogel, and others. 1982. The Tollefson Homestead Site (32MZ144), McKenzie County, North Dakota. University of North Dakota Archaeological Research Field Reports in Archaeology. Grand Forks. Johnson, E., R. C. Vogel, and C. E. Dobbs. 1980. Cultural Resource Investigation of Lands Affected by a Flood Control Project at Chaska, Minnesota, along the Minnesota River. Papers of the Wilford Archaeological Laboratory. University of Minnesota, Minneapolis, for the St. Paul District Corps of Engineers. Shaffer, S. c., and R. C. Vogel. 1993. Phase II Archeological Testing at Site 13MK284: The Hamlet of Laredo, Black Oak Township, Mahaska County, Iowa. Bear Creek Archeology, Inc., for the Iowa Departtnent of Transportation. Stanley, D. G., R. C. Vogel, and others. 1992. Archeological Investigation of the Fort Atkinson Locality Associated with a Proposed Wastewater Treatment Facility, City of Fort Atkinson, Winneshiek County, Iowa. Bear Creek Archeology, Inc., for the City of Fort Atkinson. Stanley, D. G., R. C. Vogel, and others. 1992. A Cultural Resources Investigation of the U.S. 181218 Highway Improvement Corridor, Rudd to Charles City, Floyd County, Iowa. 2 vols. Bear Creek Archeology, Inc., for the Iowa Department of Transportation. Stanley, D. G., R. C. Vogel, and others. 1992. A Cultural Resources Investigation of the Des Moines to Burlington Corridor, Section I: Jasper, Marion, and Mahaska Counties, Iowa. 3 vols. Prepared by Bear Creek Archeology, Inc., for the Iowa Departtnent of Transportation. Stanley, D. G., R. C. Vogel, and others. 1994. Phase I and Extended Phase I Cultural Resources Investigation of the Des Moines to Burlington Corridor, Section III, Henry and Des Moines Counties, Iowa. 4 vols. Bear Creek Archeology, Inc., for the Iowa Departtnent of Transportation. Vogel, R. C. 1991. Historical and Architectural Survey of Selected Properties in Clermont, Iowa. Robert C. Vogel & Associates, St Paul, for the Clermont Historic Preservation Commission. Vogel, R. C. 1992. Survey of Historic Farmsteads in Lyon County, Iowa. Robert C. Vogel & Associates, St. Paul, for the Lyon County Historic Preservation Commission. Vogel, R. C. 1995. Historic Documentation of the Fargo Water Treatment Plant, Fargo, North Dakota. Bear Creek Archeology, Inc., for the City of Fargo. Vogel, R. C., D. G. Stanley, and E. A. Bettis m. 1994. Historic Landscape and Archeological Surveys in the City of Eden Prairie, Minnesota. Bear Creek Archeology, Inc., for the Eden Prairie Heritage Preservation Commission. Professional Presentations: Vogel, R. C. 1977. Cultural Geography of 18th Century Settlements in the Dolet Hills, Louisiana. Paper presented at the 19th Caddo Conference, Natchitoches, Louisiana. Vogel, R. C. 1978. Native American Slavery in Frontier Trade and Diplomacy. Paper presented at the Monday Club Symposium in New W orId History and Culture, University of Minnesota, Minneapolis. Vogel, R. C. 1979. Historic Yatasi Settlement Patterns. Paper presented at the 21st Caddo Conference, Arkadelphia, Arkansas. Vogel, R. C. 1982. The Laffite Journal: History or Hoax? Paper presented at the 24th annual meeting of the Louisiana Historical Association, Lake Charles. Vogel, R. C. The Rio Hondo Land Claims: Reconstructing a Borderlands Landscape. Paper presented at the 28th annual meeting of the Louisiana Historical Association, Shreveport. Vogel, R. C. 1987. The Indian Slave Trade in the Borderlands. Paper presented at the 45th Plains Anthropological Conference, Columbia, Missouri. Vogel, R. C. 1988. Dr. John Sibley and the Texas-Louisiana Borderlands. Paper presented at a symposium on ethnohistory in honor of Mildred Mott Wedel at the 46th Plains Anthropological Conference, Wichita, Kansas. Vogel, R. C. 1988. The Colonial Origins of Cattle Ranching in Northwestern Louisiana. Address given at the fall meeting of the North Louisiana Historical Association, Mansfield. Vogel, R. C. 1990. Jean Laffite: Making an American Myth. Address given at the annual meeting of the Lafourche Heritage Society, Thibodaux, Louisiana. Vogel, R. C. 1990. The Cottage Grove Archaeological Survey Project: A Study in Local Government CRM. Paper presented at the 48th Plains Anthropological Conference, Oklahoma City. Vogel, R. C. 1994. A Geographical Sketch of Pirate Habitat on Louisiana's Gulf Coast, 1811-1821. Paper presented at the 36th annual meeting of the Louisiana Historical Association, New Iberia. . Vogel, R. C. 1994. Com BeltArchaeology: Evaluating the Research Value of Euro-American Farmstead Sites in Iowa. Paper presented at the annual meeting of the Iowa Academy of Science, St. Ambrose University, Davenport. Vogel, R. C. 1995. The Upper Mississippi Valley Borderlands Culture Complex: An Overview. Paper presented at the 1st Historical Archaeology Conference of the Upper Midwest, Red Wing, Minnesota. [To be published in HACUM proceedings volume.] Vogel, R. C. 1996. Paul Bouet Laffitte and Caddoan-European Relations in the Red River Borderlands. Paper presented at the 38th Caddo Conference, Natchitoches, Louisiana. Organizations: Association of Iowa Archaeologists (Fellow) Land Stewardship Project Louisiana Historical Association (Board of Directors, 1993-1996) Minnesota Archaeological Society Minnesota Historical Society National Trust for Historic Preservation Plains Anthropological Society Preservation Alliance of Minnesota (Vice President, 1988-1990) Society for American Archaeology Society for Historical Archaeology References: Dr. E. Arthur Bettis III, Geologist, Geological Survey Bureau, Iowa Department of Natural Resources, 123 N. Capitol Street, Iowa City, IA 52242; 319/335-1575. Dr. Guy E. Gibbon, Professor, Department of Anthropology, 215 Ford Hall, University of Minnesota, Minneapolis, MN 55455; 612/625-3597. Dr. H. F. Gregory, Professor, Department of Social Sciences, Northwestern State University of Louisiana, Natchitoches, LA 71457; 318/357-4364. Rep. Sharon Marko, State Representative District 57B, Minnesota House of Representatives, 507 State Office Building, St. Paul, MN 55155; 612/296-3135. Mr. Duane E. Peter, Vice President, Geo-Marine, Inc., 550 East Fifteenth Street, PIano, TX 75074; 214/423-5480. . ~,/ II flr;z TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen Administrative Assistant SUBJECT: Roundtable Item Tree at 1005 4th Street DATE: June 17, 1996 INTRODUCTION Councilmember Ristow was contacted by Mrs. Francis Byrne, 1005 4th Street, regarding damage to her pine tree, which she believes was caused by the 4th Street Improvement Project in 1992. DISCUSSION During work on the 4th Street improvement project, Mrs. Byrne contacted then Assistant Engineer Matthys and a former City Councilmember about her concern that work being done was too close to her pine tree and would cause root damage. She was advised to wait a year or two to determine whether the damage would significantly affect the healthof the tree. Mrs. Byrne has also stated that the sod between this tree and her property line had never grown after installation. The sod has been removed, stacked in several piles and is now dead. Staff inspected the tree on June 6, 1996 and it is apparent that the tree has been damaged beyond its ability to recover. In addition, approximately 45 square yards of sod are needed to replace that which has been removed. BUDGET IMPACT City staff can remove the damaged pine tree. Replacement with a ten foot Colorado Blue Spruce, delivered and installed, will cost $330.58 including tax. Sod, installed by staff, will cost approximately $50.00. The funds are available from the 1992 Improvement Capital Projects Fund. ACTION REQUESTED Approve the replacement of the tree and sod at 1005 4th Street. ~. R.e. ectfully s~Rm.i ed, ,~ c;!f. , 1~1 ~'-- ..1/ aren Finstuen , _' [I Administrative Assistant I CitlJ. of FarminlJton 325 Oak Street. FarminlJton, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591