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Home My WebLink About06.06.05 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING JUNE 6, 2005 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT 'ouncil workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingjitture. AGENDA REGULAR CITY COUNCIL MEETING June 6, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Solid Waste b) Swearing-In Police Officer - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (5/16/05 Regular) b) Approve Temporary 3.2 Beer License - Administration c) Approve Name of Park in Parkview Ponds Development -Parks and Recreation d) Approve Request to Waive Fees for Rambling River Days - Parks and Recreation e) School and Conference - Parks and Recreation f) Capital Outlay - Parks and Recreation g) Capital Outlay - Liquor Operations h) Appointment Recommendation Detective Sergeant - Police Department i) Appointment Recommendations Patrol Sergeant - Police Department j) Acknowledge Retirement Police Department - Human Resources k) Capital Outlay - Information Technology I) Appointment to Heritage Preservation Commission - Administration m) Adopt Resolution - Approve Gambling Premises Permit - Administration n) Downtown Traffic Study and TH3 Concept Update - Engineering 0) Adopt Resolution - Middle Creek East 3rd Addition Development Contract - Engineering p) Adopt Resolution - Mattson Farm Development Contract - Engineering q) Approve 2006 ALP Budget - Administration Action Taken Introduced Sworn-In Approved Approved Approved Approved Approved Information Received Approved Authorized Authorized Acknowledged Information Received Interview 6/20/05 R69-05 Information Received R70-05 R 71-05 Approved r) Approve DNR SO/SO Matching Grant - Fire Department s) Approve City Administrator Goals and Employment Agreement- Administration t) Approve Bills u) Adopt Resolution - Extension of MUS A to the Mattson Farms Property- Community Development 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Adopt Resolution - Accept Bids Fire Station - Administration (Supplemental) b) Sanitary Sewer Televising Services - Engineering 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Request to Rename the Farmington Civic Arena - Parks and Recreation b) Dakota County 2006-2010 CIP - Engineering c) Adopt Resolution and Ordinance- Hometown Addition Comprehensive Plan Amendment, Rezone and Preliminary Plat - Community Development 11. UNFINISHED BUSINESS a) Approve Final AUAR - Giles/Murphy Property - Community Development 12. NEW BUSINESS a) Adopt Ordinance and Resolution - Mystic Meadows Rezone, Preliminary and Final Plat - Community Development b) Cedar Corridor Transportation Infrastructure Group - Administration c) Consider Revision Downtown Liquor Store Lease - Finance 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved Approved Approved R72-05 R73-05 Approved Approved Information Received R74-05 Ord 005-533 R75-05 R76-05 Ord 005-534 Wilson/Pritzlaff Authorized City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingjitture. AGENDA REGULAR CITY COUNCIL MEETING June 6, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Solid Waste b) Swearing-In Police Officer - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (S/16/0S Regular) b) Approve Temporary 3.2 Beer License - Administration c) Approve Name of Park in Parkview Ponds Development - Parks and Recreation d) Approve Request to Waive Fees for Rambling River Days - Parks and Recreation e) School and Conference - Parks and Recreation f) Capital Outlay - Parks and Recreation g) Capital Outlay - Liquor Operations h) Appointment Recommendation Detective Sergeant - Police Department i) Appointment Recommendations Patrol Sergeant - Police Department j) Acknowledge Retirement Police Department - Human Resources k) Capital Outlay - Information Technology 1) Appointment to Heritage Preservation Commission - Administration m) Adopt Resolution - Approve Gambling Premises Permit - Administration n) Downtown Traffic Study and TH3 Concept Update - Engineering 0) Adopt Resolution - Middle Creek East 3rd Addition Development Contract - Engineering p) Adopt Resolution - Mattson Farm Development Contract - Engineering q) Approve 2006 ALF Budget - Administration Action Taken Pages 1-18 Page 19 Page 20 Pages 21-22 Page 23 Pages 24-25 Page 26 Pages 27-28 Pages 29-30 Page 31 Page 32 Page 33-34 Pages 35-36 Page 37 Pages 38-54 Pages 55-72 Pages 73-90 r) Approve DNR SO/50 Matching Grant - Fire Department s) Approve City Administrator Goals and Employment Agreement - Administration t) Approve Bills 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Adopt Resolution - Accept Bids Fire Station - Administration (Supplemental) b) Sanitary Sewer Televising Services - Engineering 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Request to Rename the Farmington Civic Arena - Parks and Recreation b) Dakota County 2006-2010 CIP - Engineering c) Adopt Resolution and Ordinance- Hometown Addition Comprehensive Plan Amendment, Rezone and Preliminary Plat - Community Development 11. UNFINISHED BUSINESS a) Approve Final AUAR - Giles/Murphy Property - Community Development 12. NEW BUSINESS a) Adopt Ordinance and Resolution - Mystic Meadows Rezone, Preliminary and Final Plat - Community Development b) Cedar Corridor Transportation Infrastructure Group - Administration c) Consider Revision Downtown Liquor Store Lease - Finance 13. COUNCIL ROUNDTABLE 14. ADJOURN Pages 91-97 Pages 98-124 Page 125 Pages 126-128 Pages 129-131 Pages 132-134 Pages 135-150 Pages 151-155 Pages 156-182 Pages 183-188 Pages 189-199 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia City Administrator SUBJECT: Supplemental Agenda DATE: June 6, 200S . It is requested the June 6, 2005 agenda be amended as follows: CONSENT AGENDA Add 7u) Adopt Resolution - Extension of MUSA to the Mattson Farms Property - Community Development Staff is requesting MUSA be extended to the Mattson Farms property. NEW BUSINESS 12b) Cedar Corridor Transportation Infrastructure Group - Administration Attached is additional information for this item. . Respectfully SUbnuw ~ City Administrator 7l.(, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, ~ h ^ A City Administrator tyr Wv- FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Resolution - Extension of MUS A to the Mattson Farms Property DATE: June 6, 2005 INTRODUCTION The Mattson Farms Final Plat was approved by the City Council on January 20, 2005. Staff is requesting that the property receive MUSA since it falls under the 5-acre criteria as explained below. DISCUSSION On November 3, 2003, the City Council approved an administrative policy to extend MUSA to properties under 5-acres in size rather than requiring the project to go through the full review process. The following was a part of the MUSA Administrative Policy action: (1) Allow some projects under five (5) acres to be excluded from the full process. Minor projects that are consistent with MUSA expansion criteria and determined to promote responsible growth should be excluded from the full review process and proceed directly to the City Council for its consideration based on Staff recommendations. This exclusion would be appropriate given the relatively low impact on City services. The plat consists of five (5) lots and three outlots on approximately 5.09 acres of land located east of Akin Road and northeast of Eaves Way. However, only 1.80 acres is available for development, therefore, staff requests that the City Council approve the extension of MUSA to the Mattson Farms property. Staff has been awaiting the removal of a shed that encroached on the south side of the plat, which occurred in April, 2005. This was a part of the contingency required to approve the final plat. Additionally, staff has been awaiting the developer's approval of the Development Contract for the property. Since the Development Contract is on the consent agenda for the June 6, 2005 City Council meeting, staff has initiated the request to approve the extension of MUSA through the administrative policy. ACTION REOUESTED Adopt a resolution approving the extension of MUSA to the Mattson Farms property contingent upon the Development Contract being approved by the City Council. Respectfully submitted, ~/') Lee Smick, AICP City Planner cc: M. P. Investments RESOLUTION NO. R_- 05 APPROVING THE ADDITION OF PROPERTY OWNED BY M.P. INVESTMENTS TO FARMINGTON'S METROPOLITAN URBAN SERVICE AREA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of June, 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following: WHEREAS, the City Council approved an Administrative Policy for Minor MUSA Extensions on November 3, 2003; and WHEREAS, the policy states that properties excluded from the full process may bypass the MUSA Review Committee and the Planning Commission and proceed directly to the City Council for its consideration due to the relatively low impact on City services; and WHEREAS, the policy allows some projects under five (5) acres to be excluded from the full process; and WHEREAS, the Mattson Farms property is located on the attached map and contains 5.09 acres with only 1.80 acres of developable land; and WHEREAS, the City Council approved the Mattson Farms Final Plat on January 20,2005; and WHEREAS, the City Council approved the Mattson Farms Development Contract on June 6, 2005. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts and approves the MUSA Review Committee's recommendation that the 5.09 acres owned by M.P. Investments (Mattson Farms) be immediately included within Farmington's Metropolitan Urban Service Area [MUSA], subject to approval by the Metropolitan Council. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June, 2005. Mayor Attested to the day of June, 2005. City Administrator SEAL Mattson Farms Property Location N A OEC-29-2004(WEO) 11:55 Probe Engineering inc. \. I nr\l vvc- ....VI- \r tf> ....., \ ~ .~. \\~- p o ~~ " \~ \ \ \ \ \ \ \ ~ / / -'.... -<:. . .,.,1"'" - ~...., / 'i!. ~". "f.\' , ~' ;. / ~6~' L l :V3~V .t~~>s ~ J.Ol.lno ~~:'>I; -...; <,... ~~ 0(0 , ? o .., o )) ~ 0- ~ "10 ~ ~~ .,,~ ~ o IV t.. Xo l,(,;. ) 4t x/) o 'l_:rlJ~. II "'{'8 :V31::lV (l +~ ~ \ \ '>-. '" '" .., It. ... \ ~ .\v,; '. . ... f \ \ Jdb MEETING NOTICE CEDAR CORRIDOR TRANSPORTATION IFRASTRUCTURE IMPROVEMENT GROUP TECHNICAL ADVISORY COMMITTEE MEETING Thursday, June 9, 2005,1:30 P.M. Room 1920 (Enter through door at NW corner of atrium) Dakota County Western Service Center, 14955 Galaxie Ave., Apple Valley AGENDA 1. Introductions 2. Committee background, role, and expectations 3. URS Inc. study of comparative station analysis 4. Request for Proposal for Cedar Corridor PE, environmental documentation, visioning process for BRT shoulder needs and future highway needs on CSAH 23. 5. Project management 6. Other business 7. Next Meeting 8. Adjourn CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE IMPROVEMENT GROUP Goals of the Cedar Group . Mitigate congestion growth. . Strengthen transportation foundations for future economic growth. . Increase overall mobility, accessibility, and travel reliability. . Create compelling transportation alternatives. Roles and Responsibilities The Cedar Corridor Transportation Infrastructure Improvement Group (Cedar Group) replaces the Cedar Transitway Project Management Committee. 1. The Cedar Group serves an advisory role, and provides recommendations to the Dakota County Regional Railroad Authority (DCRRA) regarding transportation planning and project development processes for the Cedar Avenue BRT Phase 1 Implementation project plan. . Assist in defining critical transportation issues. . Assist in identifying alternative roadway and transit strategies. . Review corridor study products and provide recommendations on major study decisions. 2. Provide communication between the Cedar Group and businesses, cities, counties, and agencies. . Link the Cedar Group to businesses, residents and governments in the corridor. . Communicate Cedar Group issues to member's organization. . Bring organization's comments and concerns to the Cedar Group. . Actively support Cedar Group positions on transportation priorities and investments in the corridor. The DCRRA shall serve as the lead agency for the Cedar Avenue BRT Phase 1 Implementation. C:\Documents and Settings\durbia\Local Settings\Temporary Internet Files\OLK87\Organization Structure Revised 5- 1 11-2005.doc Cedar Group Membership Membership in the Cedar Group shall consist of representatives of governments who have a direct interest in the corridor. The Cities of Bloomington, Eagan, Apple Valley, Burnsville, Lakeville, Farmington, and Rosemount may appoint the following members to the Cedar Group: . Mayor or elected member of the City Council . City manager or administrator . A business or community representative . An alternate who may be an elected or appointed official The appointment of city representatives shall occur by City Council action to serve at the pleasure of the City Council, or until the member becomes ineligible to serve. The County of Hennepin may appoint one Commissioner to serve at the pleasure of the County Board or until the member becomes ineligible to serve as an elected official. The member may have an alternate who may be an elected or appointed official. The County of Dakota shall appoint three DCRRA members from districts adjacent to the Cedar Corridor. The members shall serve at the pleasure of the DCRRA or until the member becomes ineligible to serve as an elected official. Each member may have an alternate who may be an elected or appointed official. The Metropolitan Council may appoint a Council member for each council district adjacent to the Cedar Corridor. The council members shall serve at the pleasure of the Metropolitan Council. Each member may have an alternate. The Minnesota Valley Transit Authority (MVTA) may appoint one Board Member and the executive director. The member shall serve at the pleasure of the MVTA Board. The member may have an alternate. Meetings. The Cedar Group shall meet quarterly, or more often if necessary. Decision Making: The Cedar Group shall make decisions on a consensus basis. Technical Advisory Committee A Technical Advisory Committee, consisting of planners, engineers or other technical professionals, shall be appointed to advise the Cedar Group. C:\Documents and Settings\durbia\Local Settings\Temporary Internet Files\OLK87\Organization Structure Revised 5- 2 11-2005.doc Roles and Responsibilities . Provide regular technical input to the Cedar Corridor Group. . Provide guidance on technical decisions within the Corridor. . Provide two-way communication between the technical activities of the Group and the member's respective government or agency. . Receive and review comments from the Cedar Group. Committee Members: Each participating member may appoint up to two members to the Technical Advisory Committee. In addition, Metro Transit and the Minnesota Department of Transportation may each appoint up to two members to the Technical Advisory Committee. Meetings. The Technical Advisory Committee shall meet as often as necessary. Special Ad Hoc Local Advisory Groups As the work of the Cedar Group progresses, local, detailed transportation issues will be considered, causing the need for local interest representatives to meet as often as necessary to work out local site and development issues. Examples are, issues dealing with highway design, signal placement, interface with local roads, etc. The special ad hoc advisory group will be formed under the leadership of the Cedar Group member from the city in which the issue site is located. Ad Hoc Committee Members will consist of municipal, business and county persons, and, as appropriate, transportation agency and major destination representatives. Once resolved, the issue resolution will be reported to the full Technical Committee and the Cedar Group, at which time the special ad hoc advisory group shall no longer exist. Special ad hoc Advisory Committees may also be appointed by the Cedar Group to deal with special issues of interest and concern to Cedar Group members. GF Revised May 12, 2005 C:\Documents and Settings\durbia\Local Settings\Temporary Internet Files\OLK87\Organization Structure Revised 5- 3 11-2005.doc City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia City Administrator SUBJECT: Supplemental Agenda DATE: June 6, 2005 . It is requested the June 6, 2005 agenda be amended as follows: AWARD OF CONTRACT 9a) . Adopt Resolution - Accept Bids Fire Station - Administration Accept the low base bid and both alternates from Lund Martin Construction in the amount of$1,706,700 for the Fire Station No.2 project and award the contract. Respectfully submitted, O~;{/fr/. ~ ~ David Urbia City Administrator 9CL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers FROM: David Urbia, City Administrator SUBJECT: Fire Station No.2 - Contract Award DATE: June 6, 2005 INTRODUCTIONIDISCUSSION The City Council authorized advertisement for bids for the Fire Station No.2 Project at the May 2, 2005 City Council meeting. Eleven bids were received as shown on the attached bid tabulation. BUDGET IMPACT Also attached is a recommendation letter from John McNamara of WOLD Architects. The recommendation to accept the base bid and both alternates in the attached letter totals $1,706,700, well under the construction cost budget given on May 2nd of $1,755,331. The project will be funded through debt service as outlined in previous communications and the issuance of the debt will be on the June 20,2005 agenda for approvaL ACTION REOUESTED Adopt the attached resolution accepting the total base bid and both alternates of Lund Martin Construction in the amount of $1,706,700.00 and awarding the project. RESOLUTION NO. R -05 ACCEPTING THE BASE BID AND BOTH ALTERNATES OF LUND MARTIN CONSTRUCTION AND AWARDING THE FIRE STATION NO.2 CONTRACT Pursuant to due call and notice thereof, a regular meeting ofthe City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of June 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City Council authorized advertisement for bids for the Fire Station No.2 project at the May 2,2005 Council meeting; and, WHEREAS, Wold Architects recommended to accept the base bid and both alternates totaling $1,706,700 from Lund Martin Construction; and, WHEREAS, the proj ect will be funded through debt service and the issuance of the debt will be on the June 20,2005 agenda for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby accepts the total base bid and both alternates of Lund Martin Construction in the amount of $1,706,700 and awarding the project. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June 2005. Mayor Attested to the day of 2005. City Administrator SEAL June 3, 2005 lUgLO Council Members City of Farmington 325 Oak Street Farmington, Minnesota 55024 MINNESOTA OFFICE 305 St. Peter Street ST. Paul, Minnesota 55102 651.227.7773 Fax 6a51.223.5646 \y,!\,w.woldae.colll Mail@woldae.com St. Paul, MN Elgin,IL Troy, MI Denver, CO Re: Fire Station No.2 Commission No. 042170 Dear Council Members: On June 2, 2005, bids were received for the new Fire Station No.2 located at the North Municipal Campus. Alternate bids were received for finishing the ALF sleeping area and for an emergency generator. A total of 11 bids were received (see enclosed Bid Tabulation). Award of the alternates does not effect the low bidder and the low bid is within your project budget. The following is our recommendation: Base Bid - New Fire Station $ 1,617,900 The base bid includes the new fire station presented to Council previously. This includes administration spaces, training/ conferencing areal kitchen and three apparatus bays. The base bid submitted is within your budget. Recommendation: Accept this Base Bid Alternate No.1 - ALF Sleeping Area $ 23,800 This alternate finishes the ALF sleeping area, providing sleeping space for the paramedics in the facility. With the budget savings on the base bid, this alternate is within the budget established for the project. Recommendation: Accept this Alternate Alternate No.2 - Emergency Generator $ 65,000 This alternate provides an emergency generator for the building providing full building back-up similar to other facilities at the Municipal Campus. With the budget savings on the base bid, this alternate is within the budget established for the proj ect. Recommendation: Accept this Alternate We recommend you approve the Base Bid and Alternate No.1 and Alternate No.2 and award a contract to Lund Martin Construction in the amount of$I,706,700. Sincerely }LAR;:;:;;:: ENGINEERS John McNamara, AlA Associate Enclosure cc: Dave Urbia, City Administrator Robin Roland, Finance Director Michael Cox Scott McQueen Jamie Latta WOLD ARCHITECTS \]\'f) ENGINEERS z ~ ~ 0 u CI) i= ~ CI) en C <( .s::. ~ ..J C) It: U 0( =:) ... c <( W :::iii CO w <( "0 "0 It: I- 0 C c 3: m - CO ... 0 - N III ... 0 G) c 0 0 CO 0 0 Z G) C) 0 0 M 0 0 G) 0 0 M 0 0 - III >. .<:f M N = en c u ... c U) U) U) U) Lt') G) G) ~ ~ ~ ~ ~ - Cl <c ... G) E w N co ... o tn CI) C C .- :E . o z c o ;; CO ... en CI) ... .- LL - C o ... C) C .- E ... CO LL ... (,) CI) .- o ... a.. c::::::I . ell I :3 G) .... - o 's Zen G) LL. -..I III 0( E .c: .! .!!! <c ~ ~:E ~ga.. 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CIlLO roC'"> O::~:E~ UJ W > UJ W > "'0 0::..- CIlN u;uT""" ._ ._ 10 :Jc:1OO erCll I'- -g(/)z~ :J .:E '<i ...J S C 10 ::1'- ro~ ro 10 O'l..- c75~~~ ----- t~ - City of Farmington - Fire Station No.2 Wold Architects and Engineers Contract Document Submittal May 2, 2005 Cost Summary Construction Costs (9.800 SF Buildina) Schematic Design Contract Design Development Documents Site Development $ 33,250 $ 312,500 $ 312,500 Landscaping $ 30,875 $ 25,000 $ 25,000 Building Construction $ 707,750 $ 885,000 $ 905,000 Drilled Pier Foundation $ 251,750 $ 79,000 $ 79,000 Mechanical $ 237,500 $ 167,550 $ 225,000 Electrical $ 95,000 $ 85,000 $ 85,000 Subtotal $ 1,554,050 $ 1,631,500 OH&P/ Bonds/ Ins. (6%) $ 93,243 $ 97,890 Estimating Contingency (1.5%) $ 67,875 $ 41 ,182 $ 25,941 Total Construction Cost $ 1,424,000 $ 1,688,475 $ 1,755,331 Proiect Costs (9.800 SF Buildina) Architectural Fees $ 85,000 $ 85,000 $ 85,000 Architectural Reimb. $ 6,000 $ 6,000 $ 6,000 Bid Set Printing $ 10,000 $ 10,000 $ 10,000 Geotechnical $ 8,000 $ 8,000 $ 8,000 Survey $ 6,000 $ 6,000 $ 6,000 Special Testing $ 12,000 $ 12,000 $ 12,000 Furniture, Fixtures and Equipme $ 375,000 $ 230,000 $ 150,000 Voice/ Data/ Security incl. incl. $ 50,000 Move Cost $ 5,000 $ 5,000 $ 1,000 Builders Risk Insurance $ 8,000 $ 8,000 Incl. Bonding $ 25,000 $ 25,000 Incl. Project Contingencies $ 140,000 $ 93,000 $ 93,209 Total Project Costs $ 680,000 $ 488,000 $ 421,209 Total Project Cost $ 2,104,000 $ 2,176,475 $ 2,176,540 Approved Project Budget $ 2,176,540 $ 2,176,540 $ 2,176,540 Variance {Underl Over) $ (72,540) $ (65) $ (0) Proposed Proiect Alternates 1. Finish ALF spaces $ 15,000 2. Emergency Generator $ 25,000 Page 6 Commission No. 042170 7a... COUNCIL MINUTES PRE-MEETING May 16, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked how often the pictometry software is updated. City Administrator Urbia replied the county will update the software every two years. Human Resources Director Wendlandt stated the county is just implementing the program and the City is receiving the latest update. Councilmember Pritzlaff asked about the Sale of Bonds for the Ash Street project. The memo states funding is necessary for the acquisition of equipment. He asked what equipment is needed. Finance Director Roland stated there are two separate bond issues. There is no equipment for Ash Street. It is the Ash Street bonds and then the equipment certificates that are part of the budget. Councilmember Pritzlaff asked about the Solid Waste Exemptions. He noted we are working toward zero exemptions. Some reasons were lack of trash and taking it somewhere else. If these people use spring clean-up day and take it to their neighbors, they are getting the service for free. Staff noted this is why they will be developing specific criteria for residents to meet to obtain this exemption. City Attorney Jarnnik stated the City's ordinance is consistent with state law. MN statutes provide for mandatory collection ordinances. Ifthere is an environmentally safe alternative the legislature provided an out for people who wanted to haul their own or compost. Even if we have zero exemptions, we still need to offer it. Council Minutes (Pre-Meeting) May 16, 2005 Page 2 Mayor Soderberg suggested moving the Award of Contract for the Fiber Optic to the Consent Agenda. Councilmember Wilson noted one issue was partnering with the school district on this. However, working with a vendor on our own made more sense. Human Resources Director Wendlandt stated this is more cost effective. The City will still be partnering with the school on county projects and they are looking at future projects. Councilmember McKnight asked about the Middle Creek East 3rd Addition and the issue of trails in the backyards. Parks and Recreation Director Distad stated the developer was at the Planning Commission meeting and did not oppose the trails. The idea is to put the trails behind the lots so it creates a buffer between the property line and the wetland so people do not encroach into the buffer area. The trail will swing out to save some large oak trees. Councilmember McKnight noted for the future he is not a big fan oftrails in the backyards. Councilmember Wilson stated this is the product of Middle Creek Estates and the homeowners wanting the trail moved and the Park and Rec Commission agreed to move it to the other side. Mayor Soderberg proposed to move the ordinance regarding definitions for bus and truck terminals to the Consent Agenda. City Attorney Jamnik deleted the City Administrator Review follow-up from the agenda as the materials are not ready and he wanted to give Council an opportunity to review them before the meeting. Also, the newspaper sent a letter indicating they believe a follow-up to the goal setting would not be authorized as a closed meeting. Attorney Jamnik wanted to research this issue and propose an alternative means. Councilmember Wilson commented on the item regarding the City Facilities Master Planning Services and thought there would be more information. Councilmember McKnight stated this is similar to the amount of information received for other proposals. Councilmember Fogarty noted this came from the goal setting workshop and from the Community Center Steering Committee that we needed to evaluate the longevity of these buildings to determine if we should be investing large amounts of money into old buildings that might be replaced. City Administrator Urbia noted this is not included in the budget. 5. STAFF COMMENTS a) Schedule Budget Goals Workshop Council set the workshop for June 1,2005 at 5:00 p.m. 6. ADJOURN MOTION by Pritzlaff, second by Soderberg to adjourn at 6:52 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~~~~ ~hia Muller Executive Assistant COUNCIL MINUTES REGULAR May 16, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jarnnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Randy Oswald, Bruce Rydeen, Jamie Thompson, Bev Preece, Samuelson Family, Andrew Hodacker, Jerome & Marilyn Wacker, Gretchen Hanson, Taylor Wicks, Kallie Flor, David Ripley, Ashleigh Handorff, Emily Hanna, Chris Malt, Lisa Maroney, Mike Vertein, Jim Allen, Kari Bowman, Nate Rowan, Nick Hince, Allison Hogan, Cameron Brass, Russ Sinkler, RJ. Battig Mayor Soderberg noted this is National Law Enforcement Recognition Week. He asked everyone to join him for a moment of silence for Sergeant Vick. 4. APPROVE AGENDA Councilmember Wilson pulled item 7r) Approve City Facilities Master Planning Services for a brief discussion. City Attorney Jarnnik deleted item 14. Executive Session - City Administrator Review Follow-up as the items are not ready. City Administrator Urbia noted there are two supplemental items - 7r) Approve City Facilities Master Planning Services and additional information for item lOa) 800 MHz and Joint Dispatch Policy. Mayor Soderberg moved items 9a) Award Fiber Optic Contract, 10e) Adopt Resolution and Ordinance - Middle Creek East 3rd Addition Amendment to the Planned Unit Development, Rezone, and Preliminary and Final Plat Review and 109) Adopt Ordinance - Include Definition for Bus and Truck Terminal and Include as a Conditional Use in the Industrial Park Zoning District to the Consent Agenda. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. Council Minutes (Regular) May 16, 2005 Page 2 5. ANNOUNCEMENTS a) Retiree Recognition - Police Department Detective Sergeant Jerry Wacker was recognized by the Council for 25 years of service. Mr. Wacker stated it has been an honor to work for the City for this length of time. He worked with many good people in the police department, fire department, ambulance, City staff and he will miss the people very much. He is looking forward to beginning some new things. To the students in the audience he said the term "servant" is an honorable thing. It is an honorable thing to be a public servant. There have been difficult times and good times, but overall it has been well worth the run. He is glad he chose that route to go. Each Councilmember thanked Mr. Wacker for his service to the City. b) Introduce New Employee - Community Development Mr. Tony WhippIer was introduced as the new Assistant City Planner. c) Introduce New Employee - Solid Waste This was tabled to the June 6, 2005 meeting. d) Boy Scout Presentation - Administration Ms. Bev Preece, Chair of the Heritage Preservation Commission, presented a history of the Middle Creek Historic Cemetery. Billy Samuelson, of Boy Scout Troop 119, approached the HPC regarding improving the trail to the cemetery for his Eagle Scout project. Ms. Preece thanked Billy and all the scouts for their excellent work. Billy Samuelson gave a powerpoint presentation showing the work that was done including cleaning up the area along the trail, making improvements to the trail, installing a fence to mark the beginning of the trail and at the entrance to the cemetery, and installing an information sign at the cemetery listing who is buried there. He thanked everyone who helped him with his proj ect. e) Heritage Preservation Award - Administration Mr. Edgar Samuelson, on behalf of the Heritage Preservation Commission, presented Billy Samuelson with the 2005 Heritage Preservation Award. 6. CITIZEN COMMENTS Ms. Bev Preece, Chair of the Heritage Preservation Commission, reminded everyone the HPC will sponsor a walking tour of downtown Farmington as part ofthe community's observation of National Historic Preservation Month. The tour will be held May 24, 2005 from 6:30 - 8:30 p.m. and will be lead by Mr. Robert Vogel, HPC Consultant. The tour will begin at City Hall and end at the Exchange Bank Building. The community is invited to participate. 7. CONSENT AGENDA MOTION by Wilson, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (5/2/05 Regular) b) Approved 2005 Park Improvements - Parks and Recreation Council Minutes (Regular) May 16, 2005 Page 3 c) Adopted RESOLUTION RSO-05 - Accepting Donation - Parks and Recreation Mayor Soderberg acknowledged the Farmington Home and Garden Show for making a $1,000 donation to the Rambling River Center. d) Approved Solid Waste Exemptions - Parks and Recreation e) Adopted RESOLUTION RSI-05 - Traffic Safety Grant -Police Department f) Approved Pictometry Software - Human Resources/IT g) Adopted RESOLUTIONS RS2-05 and RS3-05 - Authorizing Sale of Bonds - Finance h) Received Information April 2005 Financial Report - Finance i) Approved Capital Outlay Adjustments - Finance j) Received Information Flagstaff Feasibility Report Update - Engineering k) Adopted RESOLUTION RS4-05 - Approving Charleswood Crossing Development Contract - Engineering 1) Adopted RESOLUTION RS5-05 - Approving Parkview Ponds Development Contract - Engineering m) Approved Lease Amendment - Verizon Wireless - Engineering n) Ash Street Project - Easement Acquisition - Engineering Councilmember Pritzlaffthanked Assistant City Engineer Tim Gross and the residents for acquiring the easements. There were 50 easements needed and there is one left. The cost for the easements was $46,113. 0) Approved Installation of Parkview Ponds Trunk Sewer - Engineering p) Approved Joint RESOLUTIONS RS6-05, RS7-05, RS8-05 with Empire Township (Regan, Frandrup, American Legion Properties) - Community Development q) Received Information City Administrator Evaluation Summary Report - City Attorney s) Approved Bills 9. a) Approved Fiber Optic Contract - Human Resources/IT 10. e) Adopted RESOLUTIONS R64-05 and R65-05 and ORDINANCE 005-529 Approving Middle Creek East 3rd Addition Amendment to the Planned Unit Development, Rezone, and Preliminary and Final Plat Review - Community Development g) Adopted ORDINANCE 005-530 Approving Definition for Bus and Truck Terminal and Include as a Conditional Use in the Industrial Park Zoning District- Community Development APIF, MOTION CARRIED. 7. r) Approve City Facilities Master Planning Services - Administration Councilmember Wilson noted it is a new expenditure of$15,000. He asked with the city facilities master plan are we evaluating the scope of all facilities, or is it limited to the ice arena, Rambling River Center, outdoor pool, and 1 st Street maintenance shed. City Administrator Urbia stated there are other buildings that we know will not be renovated. This is to look at what equipment is stored in these buildings now and project future equipment needs so plans can be made for future needs. This same information was obtained for City Hall. The three park buildings came out of the Community Center process. We need to decide whether Council Minutes (Regular) May 16, 2005 Page 4 to keep the buildings or move out of them. Councilmember Wilson stated then this is something that will guide us for the next five years for the CIP. Staff agreed. MOTION by Wilson, second by Pritzlaffto approve the City Facilities Master Planning proposal. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Issuance of Capital Improvement Bonds - Fire Station - Finance This type of bond was approved for issuance by cities in 2003. Prior to that counties had the ability to identify through a five-year CIP process, projects which could be built with the issuance of capital improvement bonds without referendum. Cities were required to have a voter referendum should they choose to build facilities such as fire stations, police stations, city hall with the use of G.O. bonds. Certain government units were allowed to use bonds to build facilities that would be leased back. These were lease revenue bonds. However, when this type of bonding became available in 2003 it was good for cities because most of the time public buildings that were really needed, could be turned down by voters, but yet the building was needed. In 2003 the legislature made a change to allow bonding authority by Cities to plan for and finance the acquisition and betterment of public lands, buildings, and other improvements for the purpose of a city hall, public safety facility, and public works facility. The law requires that a Capital Improvement Plan be prepared that covers at least five years. The plan must set forth: - the estimated schedule, timing and details of specific capital improvements - estimated cost ofthe capital improvements identified - the need for the improvements; and - the sources of revenues needed to pay for the improvements It is not a requirement of the plan that every item be funded by capital improvement bonds. The bond sale is proposed for June 20,2005. The CIP was approved by the Council in December. The CIP identifies $60,897,537 worth of projects. Of that $47,279,000 in bonds will be issued over a five-year period of time. This includes the fire station identified for 2005, the City Hall project identified for 2007, and various road reconstruction and pavement management projects as well as projects supported by the enterprise funds. The fire station is a $2.176 million project. The City proposes to issue $2.28 million in bonds. The principal and interest payments are estimated to start at $179,000 in 2007 and total $3,579,000 by 2026. These will be 20-year bonds. The CIP is requested to be updated every year. A proposed debt service schedule is included in the CIP. Interest rates are between 3.45% - 5% over the 20-year period. MOTION by McKnight, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R59-05 approving the issuance of Capital Improvement Bonds for the fire station. APIF, MOTION CARRIED. Council Minutes (Regular) May 16,2005 Page 5 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - 800MHz and Joint Dispatch Policy - Administration The County has received over $6 million in grant funding to implement the 800 MHz public safety communication subsystem. The Joint Dispatch policy is looking at consolidating six 911 dispatch points into one. Mr. B.J. Battig of Dakota County presented an overview of the 800 MHz and Joint Dispatch policies. The primary focus for the 800 MHz system is to deliver interoperable communications for the public safety sector. Currently each entity operates on separate VHF channels. This system would allow everyone to operate on the same system. The cost is $10-11 million which will be paid for by the County. The connection fee is $1.2 million which would be paid by the County. For each additional dispatch center there is a connection fee and the necessary hardware to connect and operating costs. The County would build the dispatch center and any rent would be charged back to the Joint Powers entity. For Farmington to move from the current system to the joint dispatch there is an $11,000 savings in the first year and $60,000 in savings for five years. For Farmington the biggest savings will come in the capital expenses because we share with Lakeville. The system would not be ready until March - May 2007. Councilmember Wilson was very supportive of this program. Councilmember McKnight asked Police Chief Siebenaler how this joint dispatch center would impact the residents and the officers. Police Chief Siebenaler replied the police and fire have worked under contracted dispatch services with Lakeville for about 20 years, prior to that with Apple Valley and prior to that out of the Sheriffs office in Hastings. This center is being described as best in class of service. This should be invisible to the residents of Farmington. They should not have a clue they are talking to someone at a remote location just as they don't now. It will give us a broader capacity in the number of dispatchers and the depth of service and give a greater capacity to respond to large scale emergencies. Officers are now dispatched in a number of ways. The primary way is through a mobile computer in the squad car. The radio has become secondary. It does not matter whether that computer is located in the same building you are working in or located 100 miles away. Police Chief Siebenaler stated the Council is being asked to approve the transition to 800 MHz which it supports fully. The second piece is the Joint Dispatch component where Council is being asked to continue the process in forming a joint dispatch. Mayor Soderberg noted discussions have been for the highest and best service. The relationship between Farmington and Lakeville has been a model for that. Lakeville Police Chief Strachan agreed the relationship between the two cities is the closest in the county. Cost and technology are important, but quality is huge to them. That is why they are comfortable moving forward with this. This is not Council Minutes (Regular) May 16, 2005 Page 6 a workforce reduction effort. He gave examples of how the new technology will work. Councilmember Pritzlaff asked if Police Chief Siebenaler could elaborate on the amount of money. Police Chief Siebenaler replied one of the models reviewed in funding the operation would have been a large increase in annual cost of about 50%. These numbers represent a very small increase in annual cost to the City for operations. This is due to the discussions held at technical, policy and managerial meetings held throughout the county. Instead of $240,000 as one proposal was, they are looking at $196,000 which is a little over what is paid now. Lakeville Police Chief Strachan added the original proposals included things like pure population. If you go by that, we lose and we subsidize the rest of the County. Both Police Chiefs and City Administrators made sure that formula did not go ahead as we would have paid a lot more. Councilmember Fogarty thanked everyone involved and having both Chiefs helped as they know the ground work. Mayor Soderberg agreed it was good to have both cities involved. We should be pleased the structure we have for ALF is being used as a model. City Administrator Urbia noted Council should also give direction to Dakota County concerning the City's Public Works license. The recommendation is to turn this over to the 800 MHz system at the appropriate time. MOTION by Pritzlaff, second by Wilson adopting RESOLUTION R60-05 approving participation in a county wide Joint Dispatch Center. APIF, MOTION CARRIED. MOTION by McKnight, second by Fogarty adopting RESOLUTION R61-05 approving participation in a countywide 800 MHz Public Safety Radio Subsystem. APIF, MOTION CARRIED. MOTION by McKnight, second by Wilson to turn the public works license over at staff s direction. APIF, MOTION CARRIED. b) Consider Proposal for Community Center - Parks and Recreation The Community Center Feasibility Study Final Report was accepted at the May 2, 2005 Council meeting. A proposal has been submitted by Bonestroo, Rosene and Anderlik to complete the next steps which include identifying potential sites, exploring potential partnerships, and developing a concept site plan for a Community Center based on the identified program spaces in the feasibility study. Bonestroo proposes attending and facilitating four workshops with a Community Center Committee. They will explore partnerships with several entities including the school district, Dakota County Fairgrounds, Allina clinics, Dakota County library system and private health clubs. As part ofthe partnering relationship, Mr. Jeff King from Ballard King and Associates will become a member of their team to facilitate exploring those partnerships. They also propose to look at sites. Staff has discussed four different sites with Bonestroo. The concept plan will be based on programs established in the feasibility study final report. Bonestroo will develop the concept plan based on input and feedback obtained from the Council Minutes (Regular) May 16, 2005 Page 7 committee during the workshops. Two preliminary options will be developed. The program space will be validated with the committee after exploring potential partnerships and will include the findings of the Ballard King report and survey. Bonestroo is proposing to use their hourly base in accordance with their City contract. They propose the services will cost $26,600. Staff proposes the Community Center Committee would consist of two City Councilmembers, two Park and Recreation Commission members, two Rambling River Center Advisory Board members and two Farmington school district representatives with one representative being a School Board member and the other representative being a staff member. A variety of different City staff would be involved throughout the process. The cost of the study would come out of the park improvement fund. Staff asked the Council to approve the hiring of Bonestroo to complete the next steps in the Community Center study and to appoint two Councilmembers to the Community Center Committee. Councilmember McKnight was concerned that the park improvement fund was the source of funding. Earlier tonight they approved the 2005 park improvements and that did not include everything staff wanted to see in the parks. He supports the project, but was concerned with the source of funding. Parks and Recreation Director Distad noted there were two development agreements approved tonight that will result in another $100,000 in park dedication cash in lieu, in addition there will be another $60,000 in park development fees that will come from those developments. There is also the Farmington Business Park which provides for $58,000 cash in lieu with $8,000 in park development fees. There is also the Middle Creek 3rd Addition which will provide another $80,000 in cash. Finance Director Roland stated it is important to note that funding will pay for the actual park improvements. Funding for this project will come from the other sources of income that come into this fund such as the transfers from the liquor operations. When developments make payments for park facilities into the park improvement fund they need to make sure that is where those improvement funds go. Councilmember McKnight noted the transfers from the liquor operations could also pay for the same things the developer contributes to. Councilmember Pritzlaff had the same concern with funding. He asked if the partnerships had already been discussed with those groups. Staff replied those are identified partners staff would like to explore a partnership with for the Community Center. Each brings different aspects they might want in a Community Center. The next step would be discussing partnerships with these groups. Councilmember Pritzlaff asked if the partnerships would contribute to the cost. Staff replied it would be at the City's expense to look at these partnerships. Councilmember Wilson stated if staff is comfortable with this amount of money coming from the budget, he was also comfortable with it. He wanted the expenditure to be very deliberative and thoughtful and not rushed. He asked how reliable the information would be as far as partnerships in the future. Staff replied the location information would always be good, as they will look at soil Council Minutes (Regular) May 16, 2005 Page 8 conditions and roadways. As far as partnerships, it is a timing issue. Councilmember Pritzlaff asked if the cost of the Community Center would change from one year to the next and how much. Staff replied the construction cost would only go up. That will be given in the estimate. Mayor Soderberg supported getting this done, but the timeline does not have to be rushed for August. If this goes to a referendum, he wants as many people to have a chance to vote on this as possible and we will get the best turnout at a general election. This gives plenty oftime to develop partnerships. The task force did a great job, but he wants as many voters to be involved in the voting as possible. Councilmember McKnight supported the referendum at the 2006 election. This facility has to be considered with the entire budget. He wanted to get through a budget process first. Councilmember Wilson stated he would also like to see a referendum at the 2006 general election. He would also like time to evaluate the CIP. Staff noted if they identify potential partnerships and they need to take time to work on it, they will do that. Councilmember Pritzlaff agreed with these comments and wanted to go through a budget process and review the CIP. He was concerned with having more than one referendum in 2006, does that give one or the other a chance to fail. Having it in November of 2005, there may not be as many voters, but felt it would be better than to hold it in February 2006. If it is done in the fall we would be close to the numbers expected in 2006. Councilmember Fogarty was not interested in closing any doors. She sat through all the committees and task forces and this is community driven. There is a huge concern in the community that if we stop we would be responsible for the failure of it. She wanted more information and to hear from the public, but this has been community driven. She is concerned with the thought of closing doors and options. Mayor Soderberg stated he did not disagree it has been community driven and he is not suggesting stopping. The timing of a referendum would take some magnificent things to change. We have to look at the cost of this in light of other things the City has to do including other facilities. Years ago a facilities task force identified five priorities for the City - a Central Maintenance Facility, Police Department, City Hall, Fire Department and a Community Center in that order. Those were the priorities set by a facilities task force that was primarily composed of the public. That order has been skewed a little and we need to weigh this in the balance with other priorities. There are some financial questions as well. Weare looking at a $21 million bond. He asked how that bond counts toward the 2% debt limit of $25 million. Finance Director Roland did not have the answer now. It is staffs intent to identify the potential costs at the budget workshop and give Council an idea what that does to the debt and the levy. Counci1member Wilson thought in contrast to stalling, the City Hall Task Force made recommendations and that is a priority that is above a Community Center. That is a train that did stop. He would like to see how that lines up. He felt a Community Center would be a tremendous benefit. He was concerned with the tax impact of the City's budget, the school district, the referendum voters approved in February, and any possible operating referendums from the school Council Minutes (Regular) May 16, 2005 Page 9 district. Councilmember Fogarty stated it is a concern to build a City Hall and a Community Center in the same year. MOTION by Fogarty, second by Pritzlaffto approve the hiring ofBRAA to complete the next steps in the Community Center study. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by McKnight to appoint Councilmembers Fogarty and Wilson to the Community Center Study Committee. Voting for: Soderberg, McKnight, Pritzlaff. Abstain: Fogarty, Wilson. MOTION CARRIED. c) Review and Approve Responses to Comments and Final AUAR and Mitigation Plan - Giles-Murphy Property - Community Development The property is located in the central portion of the City. The property comprises 350 acres. Ms. Sherri Buss, Bonestroo, presented highlights ofthe AUAR. Six agencies provided comments. Most ofthe comments received revolved around storm water. The site has very high ground water. The agencies want the City to use infiltration as the main method of dealing with storm water. This will be difficult to do with this area. Comments also discussed the ongoing concerns with traffic on TH3. There needs to be some long-term thinking between the City, Empire Township and MnDOT. There was a comment about whether the sewer line that is proposed to go across Parkview Ponds and serve this development needs to be part of this environmental review. Staffhas worked this out with the Met Council that this is not the case, but that Giles-Murphy will not be able to hook up to this system until all the environmental review is finished. If approved, the AUAR will be mailed out on May 18,2005. The agencies have 10 days for any major objections. The final AUAR would be approved on June 6, 2005 at which point the development can move forward. Staff noted they have a combination of different best management practices to deal with the agencies Issues. Councilmember Wilson felt the City needs to partner with Empire, Rosemount, Eagan, Inver Grove Heights on the TH3 issue and other issues. Ms. Buss noted the AUAR they are doing in Inver Grove Heights says TH3 needs to be at least four lanes in the next 15-20 years. MOTION by Pritzlaff, second by Wilson approving the Final AUAR and Mitigation Plan Farmington Giles/Murphy Area. APIF, MOTION CARRIED. d) Adopt Resolution - Approve Bristol Square 5th Addition Preliminary and Final Plat - Community Development Mr. Jim Allen proposes to plat 53 multi-family townhome units in the Bristol Square 5th Addition, which is the final phase of Bristol Square. This was approved in 1998, but there have been lot line changes and a change in the number of townhomes. The Planning Commission had concerns with lingering issues such as landscaping, seeding, and planting of trees. Mr. Allen is working on these issues. There has been a change in the building elevations since 1998. Council Minutes (Regular) May 16, 2005 Page 10 In 1998 there were changes in the roofline elevations, now the rooflines are the same elevation. There is also a change in the windows. A new builder has purchased this area. All the units have been sold. The Planning Commission had concerns with the changes in building elevations and design. They did recommend approval of the development. Councilmember McKnight asked if staff had a timeline for completing the issues from the 1 st and 2nd Additions. City Planner Smick replied they don't, however, the developer will be seeding the area as soon as the rain stops. The letters of credit and development contracts do not require set timelines. There are time requirements for sodding, but nothing in the development contracts. The developer has also purchased 23 trees which will be planted within the next week. Counci1member Fogarty asked about the closest park to the area. Parks and Recreation Director Distad replied Tamarack Park. However, ifMUSA is given to the Winkler property, that would be the next closest park. There are provisions for private parks in this addition, however there would be more green space rather than having playground equipment. There will be a trail from this development through the Hometown Addition to Tamarack Park. Councilmember Fogarty felt the townhome developments have very little park space and a high concentration of people and she felt that seemed to be going in the wrong direction. Staff noted the standard is there should be no resident further than a half mile from a park. Tamarack Park is within a half mile. Councilmember Wilson was also concerned with the delay in the landscaping items. He then asked ifthe park dedication requirements are similar with townhomes as with other developments. Parks and Recreation Director Distad replied they are similar. Up to 25% of the private parkland can be credited towards their park dedication. The main portion would be cash in lieu to the City. Councilmember Wilson asked about the time frame for the development. City Planner Smick replied the plat was submitted on March 21,2005, so staffhas until May 21,2005 to make a decision. Preliminary plat has a 120 day review. Councilmember Wilson wanted to continue this item, as he wanted to see some higher design standards. He requested staff to determine cost impacts for adding brick on the garages, enhanced definition between units, etc. He wanted to keep up with the standard set in the first addition. City Attorney Jarnnik stated the item can be tabled for any reason within the timeframe. Council's ability to impose a different design standard will be extremely limited. There is an ordinance establishing design standards and criteria that if a developer meets, the Planning Commission and Council have limited discretion to reject an application that meets those established criteria. Councilmember Fogarty stated Council can request the developer to make changes, but they cannot make him. Mr. Jim Allen spoke regarding the landscaping issues. The trail was installed last fall and they want to install the sprinkling system before they plant the trees. They will re-seed and mulch the area. Councilmember Pritzlaff stated there was a resident that spoke up about this issue and wondered for the future if a resident has to speak up before a project is completed. Mr. Allen replied before the Council Minutes (Regular) May 16, 2005 Page 11 resident spoke up, the trees had been purchased. The resident was right and they just need to get it done. Mr. Bill Johnson, MW Johnson Construction, stated the first home he ever built was in Farmington in 1971. Stanek's still live there. He sold the house and lot for $23,000. The biggest challenge builders and developers have today is to try to get people in their first home. Park Place was a wonderful neighborhood. The first house and lot sold was for $90,000. Today they are selling for $230,000. To get people into their first house is really tough. MW Johnson picked up this project from Mr. Allen, because the townhomes were not selling. He had a price point that people could not afford. Everyone talks about affordable housing, but at the same time they want all these things that drive the price up. They are here to build a good product and they want repeat business. He wants to make sure the kids that graduate from Farmington can afford to live in Farmington. It is their obligation as builders to build affordable housing. The first house he built is probably worth $300,000 today. Councilmember Wilson stated he will request this not be delayed because of Mr. Johnson's statement regarding keeping the price affordable. Mr. Johnson stated his job is to help people. Councilmember Pritzlaff asked how much it would cost to do brick halfway up on the garage sides and how much would it add to the value. Mr. Johnson replied it would cost about $1,000 per home. It would not increase the value. Councilmember Pritzlaff asked about curb appeal. Mr. Johnson stated that is two different things. To the person buying it, it has to have the right curb appeal. Councilmember Pritzlaff then asked about the design in the rear of the townhomes. Mr. Johnson stated the difference from Mr. Allen's townhomes is there is a break between the first and second floors, where Mr. Allen's was straight up and down. Mr. Allen broke it up by putting in the triangle windows. Mr. Johnson gave them more square footage. MOTION by Fogarty, second by McKnight adopting RESOLUTION R63-05 approving the Bristol Square 5th Addition Preliminary and Final Plat with contingencies. APIF, MOTION CARRIED. f) Adopt Resolution - Tamarack Ridge 4th Addition Final Plat - Community Development Mr. Jim Ostensen proposes to develop 4.2 acres of commercially zoned property east ofTH3. 209th Street runs along the south and CSAH 66 is to the north. Within the development is a loop for Cascade Drive. This is a public roadway. There is a private townhome development next to this development. Lot 1 will be for Roundbank. There will be four drive-thru's. Next door is a proposed retail center. This will be 25,750 sq. ft. Mr. Blaine Eggum of Valley Mining is the builder. There will be a private street along the back connecting with 209th Street. They propose to bring the townhome development roadway straight into the development and remove a portion of the road. Mr. Deanovic has been working with Mr. Eggum on the reconstruction of the road. There will be a fence installed on the townhome property for screening between residential and commercial. They are proposing 12 retail spaces and possibly a drive-thru at one end. Some Council Minutes (Regular) May 16, 2005 Page 12 residents were concerned with additional traffic on 209th Street. Staffwill review this situation as needed. Councilmember Wilson asked about the width of the drive-thru. Staff replied it is 12 ft. one-way. The garbage will be in a different area. Councilmember Pritzlaff asked ifthe drive-thru would have to be used as an access for fire trucks and if that would be a problem. Staff replied fire trucks would not have to use this area. Mayor Soderberg noted regarding Roundbank, there is a driveway to the east edge ofthe property directly across from the private street. As you come into the entrance, he asked if the parking area would be closed off. Staff replied yes, the traffic would be one-way. Staff is still looking at the location for garbage pickup and will make sure the garbage trucks will not have to back up. MOTION by Fogarty, second by Pritzlaff adopting RESOLUTION R66-05 approving the Final Plat and authorizing signing of the Final Plat Tamarack Ridge 4th Addition. APIF, MOTION CARRIED. h) Adopt Ordinance - Text Amendment Regarding Signs for Non-Residential Uses in the A-I District - Community Development The City Code currently does not allow for any signage in the A-I district. Christian Life Church is interested in redesigning their sign. At one point they proposed a pylon sign. After reviewing the future situation in the area staff proposed a sign 10 ft in height and 100 sq. ft. in size. The church has revised their request to a monument sign. Their request for LED lighting will be reviewed in the future. Staff proposed to include in the A-I zoning district and for permitted non-residential uses one free standing monument sign allowed per street frontage. Each sign shall not exceed 100 sq. ft in sign area and 10 ft. in height. Regarding the LED lighting, Councilmember Fogarty suggested determining the height ofthe lettering so it is readable. Staffwill be reviewing that as well as how long it will be on, rolling, flashing lights, etc. MOTION by Wilson, second by McKnight adopting ORDINANCE 005-531 revising Section 10-6-3 of the Sign code to allow signs for Permitted Non-residential Uses in the A-I zoning district. APIF, MOTION CARRIED. i) MUSA Review Committee Recommendation - Community Development At the end of the committee's process last year, some properties on the east side oftown were not recommended for MUSA because ofthe City's sewer capacity. The committee reconvened on April 20, 2005 at which time staff informed them how much acreage could be served by the existing system. The committee recommended that parcels F, G, 3, and 4 on the MUSA map be granted MUSA. Property F is the Devney property, 3 is part of the same parcel, but it is located in Empire Township. Property G is the Winkler property and 4 is part ofthat parcel, but in Empire Township. The Planning Commission also recommended these Council Minutes (Regular) May 16, 2005 Page 13 parcels receive MUSA. Parcels 3 and 4 will receive MUSA immediately upon annexation. Councilmember Wilson asked Community Development Director Carroll to point out the Christiansen property, which is the proposed site for the new high school and major roadways in the area. Staff showed the property is along the western border of Farmington and the eastern border of Lakeville. The area in Lakeville is in urban reserve which means they have not planned for development there until at least 2020. There is a small pocket shown for 2010 development. Hwy 50 is to the south and Flagstaff is to the east. The next closest major roads would be Cedar Avenue to the west in Lakeville and Pilot Knob Road to the east. There are no major east-west roads north of the Christiansen site that are currently paved. 195th Street is to the north. This currently has a T intersection at Flagstaff. The Christiansen property is shown as PI and P2 on the MUSA map. When the Christiansen's became involved in the MUSA process last year, they had the entire parcel involved and as the process continued it became apparent the school district was interested in purchasing some of the property, but not all of it. The site was divided into PI and P2. PI is the school district portion. Councilmember Fogarty commented on Property S, the Adelman property. She noted they have been at several MUSA Committee meetings and they are very interested in developing their property. It is zoned R-3 for residential. The MUSA Committee keeps turning them down because it does not meet the criteria of transportation routes, or provide for industrial/commercial development. One member pointed out this is one of the last pieces right on the railroad tracks and maybe lends itself to industrial/commercial development. She felt this should be re-zoned in the future. Mayor Soderberg felt it made sense to capitalize on the property being next to the railroad. He asked if it can be rezoned. City Attorney J amnik stated the Planning Commission can consider a Comp Plan change and a rezone. The owner does not need to petition to do this. Councilmember Pritzlaff also agreed with this. MOTION by Pritzlaff, second by Wilson adopting RESOLUTION R67-05 to include properties identified as F, G, 3 and 4 in the MUSA area. APIF, MOTION CARRIED. j) Adopt Resolution and Ordinance - Executive Estates Comprehensive Plan Amendment and Rezone - Community Development Ms. Judith Empey, owner and Mr. Colin Garvey, developer have jointly submitted an application for a Comprehensive Plan Amendment and rezone for this property. 225th Street runs along the south, TH3 is to the west, TH50 is to the north. This property was annexed into the City on November 10, 2004. They are proposing 98 single-family lots. The property is going from non-designated to low density. The property would be rezoned from A-I to R-1. The Planning Commission recommended approval. MOTION by McKnight, second by Wilson adopting RESOLUTION R68-05 amending the 2020 Comprehensive Plan designating the property from non-designated to low density subject to Met Council approval. APIF, MOTION CARRIED. MOTION by Wilson, second Council Minutes (Regular) May 16, 2005 Page 14 by Fogarty adopting ORDINANCE 005-532 approving the rezoning ofthe Executive Estates property from A-I to R-1. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Wilson: Attended the chair celebration at the Rambling River Center. He could not thank the Dakota Dreamcatchers 4H Club enough for the work they did. He congratulated Billy Samuelson on his work on the cemetery. He congratulated Mayor Soderberg on the State ofthe City Address. He attended the Chamber lunch with Governor Pawlenty and Representative Garofalo. A resident brought to his attention about televising the pre-Council meetings. One reason behind not televising those meetings was to encourage residents to come before the Council in a more comfortable setting. So far there have been two residents attending the meetings. He was open to the idea of televising those meetings and wanted to know what the rest of Council thought. Councilmember Fogarty wanted to keep them off-camera. She felt it was important to have a time for residents to address Council without having the cameras. A lot of what we do during that time is paperwork. She specifically wanted that time so people could come to the Council without feeling any pressure. Councilmember McKnight agreed with Councilmember Fogarty and felt we could re-evaluate the situation at the end of the year. Councilmember Pritzlaff also agreed with Councilmember Fogarty. Mayor Soderberg agreed it is more like a work session. , Councilmember Wilson stated he would like to have more Council Workshops. He felt we do not have those enough. He was not a big fan of having increased meetings, but the ones we have had have been extremely productive. He suggested looking at one for the fourth week of May. He realized the budget workshop is coming up. Mayor Soderberg asked if there was a specific topic he wanted to have a workshop on, as they are done on an as needed basis. Councilmember Wilson replied the sign issue could generate some discussion, but agreed to wait. Councilmember Pritzlaff: Congratulated Mayor Soderberg on his State ofthe City Address. He also attended the chair celebration at the Rambling River Center and the lunch with Governor Pawlenty and Representative Garofalo. He provided pictures of the event to the Council. City Administrator Urbia: May 19, 2005, 7:30 a.m. is the Coffee with the Council. Councilmembers Fogarty and Wilson will attend. The Dakota County Mayor/Managers meeting will be on Friday at 7:00 a.m. in Eagan. They will provide an update on the Hipp projects and a list of additional projects. Council Minutes (Regular) May 16, 2005 Page 15 Mayor Soderberg: The Park and Recreation Commission Chair, Randy Oswald, has requested a joint meeting with the Council and Mayor Soderberg agreed. Staffwill work on scheduling the meeting. The State ofthe City Address was presented to the Chamber and then taped at City Hall. The schedule is available on the website. He thanked Administrative Services Director Shadick, Mark Moore, Jeanne Stanek, City Administrator Urbia and all of staff for their assistance. It would not have turned out as well as it did without staff. Winston Churchill said it is the people that have the heart ofthe lion, I am the lucky one chosen to roar. He attended the chair celebration at the Rambling River Center. He presented a key to the City to the Dakota Dreamcatchers 4H Club for their remarkable work. He received an e-mail, as well as all of Council, from a resident with a number of questions regarding the site for the high school. He would have to refer the Akin letter to staff and the City Attorney. He felt it would be good to compile a response together as a Council. He asked staff to work on this so a formal response could be given at the next meeting. Councilmember McKnight felt the letter should be answered individually by each Councilmember. Councilmember Fogarty stated she is not capable of answering all these questions, as she does not have all the information. Councilmember McKnight stated he will answer his individually. Mayor Soderberg felt there was no harm answering individually, but some of the questions could relate to policy and it would be nice to let the public know where the Council is. Councilmember Wilson stated the questions are so well worded and so well thought out, it would be good information to disseminate to residents as a Council. There are questions he felt he could not fairly answer. Councilmember Pritzlaff noted some questions could be personal opinion. Those could be answered individually and the technical questions could be handled by staff. Councilmember Fogarty suggested referring the technical questions to staff and answering the rest on their own. Councilmember Wilson felt that could be tricky. City Administrator Urbia will bring the letter to staff tomorrow and get back to Council. Mayor Soderberg stated Council can answer the questions that would be their own personal opinion, and staff can help with the technical questions. 14. EXECUTIVE SESSION - City Administrator Review Follow-up This item was deleted for further review. 15. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 10:22 p.m. APIF, MOTION CARRIED. Respectfully submitted, "=- ;h-?~ ynthia Muller Executive Assistant 7-6' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Coun~il Members, City Administrator &r---- FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve Temporary 3.2 Beer License - Farmington Fastpitch League DATE: June 6, 2005 INTRODUCTION The Farmington Fastpitch League is requesting a Temporary 3.2 On-Sale Beer License. This action requires City Council approval. DISCUSSION The Farmington Fastpitch League is holding a Softball Tournament at Rambling River Fields from August 6, 2005 to August 7, 2005. The Police Chief and Parks and Recreation Director have, in accordance with City Code guidelines, approved the application. The City Attorney has reviewed and approved the issuance of the license. BUDGET IMPACT None. ACTION REOUESTED Approve a Temporary 3.2 On-Sale Beer License for the Farmington Fastpitch League for August 6, 2005 to August 7, 2005. Respectfully submitted, ~/l.~ft~~~ Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ . TO: Mayor, Councilmembers, City Administrator r FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Name of Park in Parkview Ponds Development DATE: June 6, 2005 INTRODUCTION The Park and Recreation Advisory Commission is responsible for choosing and recommending to the City Council a name for each new City park. DISCUSSION The Parkview Ponds Development has a park area that has not yet been named. The Parks and Recreation Advisory Commission discussed a name for the park at its May 11, 2005 meeting and is recommending to the City Council that it approve the name Diamond Park for the park. BUDGET IMPACT There is no budget impact with naming this park other than needing to have a sign made for Diamond Park. Payment for the sign will come out of the Park Improvement Fund. ACTION REOUESTED Approve the recommendation from the Park and Recreation Advisory Commission to name the park in the Parkview Ponds Development, Diamond Park. _-g;:1Zi(J kandy Distad Parks and Recreation Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7d TO: Mayor, Councilmembers and City AdministratorY FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Request to Waive Fees for Rambling River Days DATE: June 6, 2005 INTRODUCTION Permits would normally be required for events related to the Rambling River Days Celebration. DISCUSSION The Rambling River Days Committee and CEEF are requesting that the City Council waive the fees for the permits required for the annual celebration. Council has approved the waiver of the permit fees in past years. BUDGET IMPACT It is anticipated that based on the preliminary schedule for this year's Rambling River Days activities, there would be less than $1,200.00 collected if permits were required. The permit fees for the Rambling River Days celebration were not budgeted as revenue in the 2005 adopted budget. ACTION REOUESTED Approve the request to waive the permit fees for the 2005 Rambling River Days. 1;J:fuUY 111/J Rmldy Di Parks and Recreation Director 2005 RAMBLING RIVER DAYS FESTIVAL PERMITS The following is a listing of events, sponsors and the established fees for each event which require a permit: Exhibition Temporary Outdoor (Ord 3-17-4) 2005 Fee @ $15.00/event N aIDe of Event Kiss the Pig Bed Races Dodgeball Tournament Dew Run Kiddie Parade Art Show Children's Craft Sidewalk Sale Nut and Bolt Toss Carpet Toss Chalk Drawing Paint-a-Snake Pluck-a-Duck BBQ Rib Cook-Off Farmington Historical Trolley Tour Mini Train Rides Medallion Hunt Trout Pond Kid's Time Stage Entertainment Grand Day Parade Petting Zoo Helicopter Rides Tour de Farmington Model Trail Demonstration Skateboard Demonstration Suonsor Rambling River Center Parks and Recreation Festival Committee Parks and Recreation Festival Committee Dakota Valley Arts Council Dakota County Library Pellicci Hardware Thoroughbred Carpets Festival Committee Festival Committee Rambling River Center Farmington Independent Heritage Preservation Commission Festival Committee Festival Committee Southern Dakota Sportsmen Club Fire and Police Departments Festival Committee Festival Committee Extension Office Festival Committee Festival Committee Rambling River Center Festival Committee 25 events @$15.00/event = $375.00 Location of Event Downtown Downtown Rambling River Park Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Farmington Middle School Farmington Parks and Trails Downtown Downtown Transient Merchant Permit (Ord 3-18-1) 2005 Fee @ $50.00/quarter Name of Event Arts and Craft Sale Carnival 14 Food Concession Vendors Suonsor Festival Committee Festival Committee Festival Committee 16 Events @ $50.00 = $800.00 Location of Event Downtown Downtown Downtown Total Amount of Fees Waived for 2005 Rambling River Days $1,175.00 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /e TO: Mayor, Councilmembers and City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Schools and Conference Parks and Recreation Department DATE: June 6, 2005 INTRODUCTION The National Recreation and Park Association is the national organization for Parks and Recreation professionals. Its annual conference is held in a different location every year. In 2005 it is being held in San Antonio, Texas in mid-October. DISCUSSION The national conference is an annual training opportunity in which session topics are presented by nationally known and recognized presenters in the field of parks and recreation as well as in other professional fields. Breakout sessions include such areas as: recreation programming, parks maintenance, management, natural resources, outdoor recreation, facility management, citizen advisory boards and aquatics. It is the premier training opportunity for parks and recreation professionals. Information received by the Parks and Recreation Director at the conference will be brought back and shared with Department staff. The information provided at the national conference sessions is generally very detailed, advanced and specific to situations related to parks and recreation. The opportunity to network with other professionals from around the country is of tremendous value. BUDGET IMP ACT The 2005 Parks and Recreation Budget included funds for attending this conference. ACTION REOUESTED By motion, approve this request. re~ffillit:ted' Ran~istad, Parks and Recreation Director TO: FROM: SUBJECT: DATE: INTRODUCTION if? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Mayor, Councilmembers and City Administrator Patti ~orman, Recreation superviso~ Capital Outlay Parks and Recreation Department June 6, 2005 The 2005 Capital Outlay budget provides funding for the purchase of Automated External Defibrillators (AEDs). DISCUSSION Staffhas researched types/models and prices for the purchase of AEDs for the Arena and Outdoor Pool. Cost of the AED selected, including accessories (alarmed cabinet, pediatric defib pads, fast response kit and sign), is significantly less than budgeted, which allows the purchase of an additional unit for the Rambling River Center. Staffhas selected the Philips HeartStart OnSite AED (HS1) (M5066A) to be purchased through the Minnesota State Bid List at $1,551.41 for each unit, which includes accessories such as an alarm cabinet, sign and additional pads. One of the three AED units will be shared between the . pool and the warming house by Middle School West, which after the outdoor pool closes for the season this unit will be moved to the warming house where it will be in place during the outdoor ice season during the winter and then it will be returned to the outdoor pool in the summer. The warming house location will require staff to purchase an additional alarm cabinet and sign totaling $195.30. Staff has discussed the selection ofthe AED with ALF (Apple Valley, Lakeville, Farmington Ambulance Service) and they concur with the selection. Additionally, the Farmington Police Department has similar Philips AED models in their patrol vehicles facilitating a smooth transfer of medical assistance from facility staff to First Response Personnel if needed. BUDGET IMPACT The approved 2005 Capital Outlay Fund budget identified the total cost of two AED units at $7,456. The cost to purchase 3 units and accessories for the Outdoor Pool, Arena and Rambling River Center is $4,849.53, which is $2,606.47 under the budgeted amount ACTION REOUESTED This memo is for informational purposes only. ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrato~ FROM: Robin Roland, Finance Director SUBJECT: Capital Outlay Liquor Operations - Finance DATE: June 6, 2005 INTRODUCTION Liquor operations division is replacing its existing cash register system and inventory control software for both stores. DISCUSSION Staff has researched several available point-of-sale hardware and software products in order to replace the existing system at both liquor stores. Quotes were received from two vendors; Dailey Data & Associates and P.O.S. Business Systems, Inc. Staffhas chosen the Catapult Software and hardware system from P.O.S. Business Systems Inc at a cost of $44,837.87. This system is used by some of the largest liquor operations in the state (MGM, Chicago Lake Liquors) and provides the inventory control necessitated by the expansion of our inventory at both stores. This quote was also the lower of the two quotes as the Counterpoint SQL system from Dailey Data was $50,915.55. BUDGET IMPACT The 2005 budget calls for an expense of $4,800 for the upgrade of the existing software and the five year capital acquisition anticipated replacement of the Point of Sale computer system at a cost of $35,000 in 2006. These budgeted amounts did not anticipate the expansion of the Downtown store in 2005, but practicality dictates the expenditure of these funds ahead of the 2006 timeframe. Any additional costs are borne by liquor revenue increases. ACTION REOUIRED Approve purchase of Catapult point of sale system from P.O.S. Business Systems at the quoted cost of$44,837.87. Respec lly submitted, ~ ff'J Robin Roland Finance Director /h City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers 0~ City Administrator P FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Promotion, Detective Sergeant DATE: June 6, 2005 INTRODUCTION The retirement of Detective Sergeant Jerry Wacker has created a vacancy in that position. The procedure for promotional process to fill the vacancy was designed by staff and reviewed and approved by Human Resources. A total of three candidates applied for the position. Staff is prepared to make a recommendation to fill this position at this time. DISCUSSION Detective Lee Hollatz has been a member of the Farmington Police Department since May of 1995. He came to the City with previous law enforcement and corrections experience. Early in his career with Farmington, Officer Hollatz identified an investigation career track and has pursued that track diligently, taking numerous technical and leadership courses over the years. In addition he has demonstrated an ability to put that training to work assisting Detective Wacker in the operations of the Investigations Division. In 2002 Officer Hollatz was assigned as a full time Detective. He has again demonstrated an eagerness to learn and expand upon the ground work of his predecessor. BUDGET IMPACT This promotion is included in the 2005 budget. ACTION REQUESTED Authorize the promotion of Detective Lee Hollatz to Detective Sergeant in the Farmington Police Department. Respectfully submitted, Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7/ I TO: Mayor and Councilmemberv/\ ~ City Administrator fP' v FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Promotion, Patrol Sergeant DATE: June 6, 2005 INTRODUCTION The 2005 Budget includes two promotions to the position of Sergeant in the Patrol Division. The procedure for that promotional process was designed by staff and reviewed and approved by Human Resources. A total of five candidates applied for the positions. Staff is prepared to make two recommendations to fill these positions at this time. DISCUSSION Officer Brian Lindquist has been a member of the Farmington Police Department Patrol Division since January 1998. Bob Sauter has been a member since October 1997. Each of these men have demonstrated a commitment to the Patrol Division specifically as well as the Police Department and the City of Farmington in general. In addition each serves a mentor and role model for junior officers. Among other routine assignments: Officer Lindquist has served as a Firearms Instructor, Armorer and guest lecturer in the Farmington Public Schools. He has been recognized for his accomplishments in DWI enforcement and in pursuing innovative and collaborative approaches to traffic enforcement. Officer Sauter is a Field Training Officer, has served on the Dakota County Drug Task Force and most recently initiated and designed the first Field Training model for Community Service Officers in the City. BUDGET IMPACT These promotions are included in the 2005 budget. ACTION REQUESTED Authorize the promotion of Officers Brian Lindquist and Bob Sauter to the position of Patrol Sergeant in the Farmington Police Department. Respectfully submitted, / aniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7J: ' TO: Mayor, Councilmembers, and City Administrator jJ--. FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Retirement - Police Department DATE: June 6, 2005 INTRODUCTION The City received notice that Mr. Michael Aamot is retiring from his position as a Police Officer. DISCUSSION The Human Resources Office received notification that Mr. Michael Aamot will retire on June 30, 2005 from his position as a Police Officer. Mr. Aamotjoined the department on October 28, 1985 as a part-time police officer and moved into a full-time position on August 17, 1987. He has been an excellent and valued member of the Police Department. The City has appreciated his commitment to the organization and wishes him well in his future endeavors. ACTION REQUESTED Acknowledge the retirement ofMr. Mike Aamot, effective June 30, 2005. Respectfully Submitted, "~.c1~ J... A/l .'. J~/a /ud<-tLI'-;!~?f~~ . Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.m.n.us 7;f TO: Mayor, Councilmembers, and City Administrato~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Capital Outlay - Printer DATE: June 6, 2005 INTRODUCTION The 2005 Budget provides for the acquisition of a new printer. DISCUSSION The new printer is being purchased in order to provide better printing capabilities for the Parks and Recreation Department and to prolong the life of the printer currently in use in Administration. The printing needs for the Recreation division are significant due to the amount of information generated for each program and their heavy use of the shared printer will decrease the life of that printer as well as cause conflict with other users trying to print their documents. BUDGET IMPACT Funding for the computers in the amount of $2,130.00 is provided for in the 2005 Budget. The cost for the equipment being purchased is $1,992.48. ACTION REQUESTED For information only. Respectfully Submitted, .~ ,/J ,i '/ ,~&//J~~/;/tV~C- I - I Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 71,' TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve Appointment Heritage Preservation Commission DATE: June 6, 2005 INTRODUCTION A vacancy exists on the Heritage Preservation Commission. The term for this appointment is from February 1, 2005 through January 31,2008. DISCUSSION On January 15, 2005, the City Council conducted interviews for various boards and commissions appointments. At the conclusion of the interviews, one term on the Heritage Preservation Commission remained unfilled. Attached is an application submitted by Ms. Danielle Stuckle on May 25, 2005, requesting appointment to the Heritage Preservation Commission. Upon review of Ms. Stuckle's application, if Council agrees to make the appointment it will be ratified by approving this item on the consent agenda. If Council wishes to interview Ms. Stuckle, this item may be pulled from the agenda and staff will proceed in that direction. ACTION REQUIRED Approve the appointment of Ms. Danielle Stuckle to the Heritage Preservation Commission to complete the term from 2/1/05 through 1/31/08. Respectfully submitted, ~d--.I!~~ Lisa Shadick Administrative Services Director elTY OF FAR.\ll:\GTO'\ Page I of 1 CITY OF FAR'II:"GTO:\" APPLICA TIO:"\ FOR BOARD OR co:\t:\lISSIO:'\ APPOI:\'T\IE:\"T :\am~ ~D\ (> \\t ~\-,-^.t ~\o Date of Application 5 - C)>=) - c) '\ AddressJ ('81::) ':\ tc\ ~. ~ ~ ~J \ ~W\.rr~~me Phone I; Co~\ _ l.I~ _ t{")5J L,.... Em~d_ . " \ by _ {p. \dp ~~ \-\ V'\-\n9' > \1 !l~cy , Board or Commission YOU wish to ser\"e on \--\.11 V"\T~ Y~<...~r\rCL:V'(',^ ( C'.w'\~V~\-<\\Nl Qualifications (cover peninent educational background. employment positions and other experience on committees, boards. commissions. church and civic organizations. etc. You may attach any supporting information.) ~ of - '~\~~'\CCW~0.0n V:.4:~~'~ -z..o~ \" +a.Y"'CC). f~2i~~~~7~~~~r~~~:E~t?Jl~ References (list any references you wish that would be familiar with your qualifications for this position). t ~~;~--~~~~~~~.;;;~~~~~~~~~ Dr . 10m ~~n '?N t~~)-"'~, ~r.l'U ]01 - f'l9-;;A :td } SignalUr~~\~ ~~ ~~ DateS- - http: \\"'.\w.ci.farmington.mn.us. Commission B&Capp.htm 5.19,1005 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7h-J TO: Mayor, Councilmembers and City Adrrrinistrato~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Premises Permit - American Legion Post # 189 DATE: June 6, 2005 INTRODUCTION The American Legion Post #189 of Farmington is requesting a Gambling Premises Permit at The American Legion Post #18910cated at 10 N. 8th Street, Farmington, MN 55024. DISCUSSION Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. The American Legion Post # 189 is requesting approval to conduct gambling activity at 10 8th Street. The appropriate application and fees have been received and the application has been reviewed by the City Attorney. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2005 budget. ACTION REOUESTED Consider the attached Resolution approving a Gambling Premise Permit at 10 8th Street. Respectfully submitted, ~d-~cI~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -05 APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE AMERICAN LEGION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of June 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Premises Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the American Legion has submitted an application for a Gambling Premises Permit to be conducted at ION 8th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premises Permit for the American Legion to be conducted at 10 N 8th Street is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June 2005. Mayor day of June 2005. Attested to the City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 71') TO: Mayor, Councilmembers, City Administrato~ 0--. Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Downtown Traffic Study and TH3 Concept Update DATE: June 6,2005 INTRODUCTIONIDISCUSSION At the March 12, 2005 CouncillManagement Team Retreat, one of the 2005 goals identified entails producing a concept for the ultimate configuration of TH 3 between 220th Street and 200th Street and completing a traffic study of the downtown area. The concept of the ultimate configuration will identify access management issues and impacts to the existing adjacent properties. The traffic study will include data collection, volume projections and downtown accessibility analysis. A report will be provided and presented at a future Council workshop. This work is anticipated to be completed in July. BUDGET IMPACT The cost to perform the above outlined tasks is $8,900. ACTION REOUESTED For Council's information. Respectfully Submitted, 'ok yvz ~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file 70 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator~ Tim Gross, P.E., Assistant City Engineer ~ FROM: SUBJECT: Adopt Resolution - Middle Creek East 3rd Addition Development Contract DATE: June 6,2005 INTRODUCTION The Development Contract for Middle Creek East 3rd Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Middle Creek East 3rd Addition was approved by the Planning Commission on May 10, 2005 and by the City Council on May 16, 2005. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms oftms Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval ofthe final plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Middle Creek East 3rd Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, ~ Tim Gross, P .E. Assistant City Engineer cc: file RESOLUTION NO. R -05 APPROVING DEVELOPMENT CONTRACT MIDDLE CREEK EAST 3RD ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 6th day of June, 2005 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R6S-05, the City Council approved the Preliminary and Final Plat of Middle Creek East 3rd Addition subject to the following conditions: 1. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. 2. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June, 2005. Mayor Attested to this _ day of June, 2005. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 6th day of June, 2005, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and D.R. Horton, Inc. - Minnesota, a Delaware corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Middle Creek East 3rd Addition (also referred to in this Development Contract as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Rie:ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 34G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. . Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office ReQuirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoninl!lDevelopment 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 and Pilot Knob Road Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued, except for Lot 1, Block 1 consistent with the provisions of paragraph 34D. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. Pilot Knob Road Assessments The parent parcels of Middle Creek East 3rd Addition have been assessed for improvements to Pilot Knob Road. The total levied assessment amount for the parcels is: Outlot No. Outlot B Tax PIN 14-48760-020-00 Principal & Interest (through 6-17-05) $45,624.33 2 A portion of the levied assessment plus interest becomes due with the fmal platting of Middle Creek East 3rd Addition. The amount due with Middle Creek East 3rd Addition will be calculated proportionally based on the area of Middle Creek East 3rd Addition being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. Interest on the assessments shall be calculated through the actual date that payment is received. The assessments shall be due upon execution of this contract. 7. Time of Performance. The Developer shall install all required public utilities, by November 15, 2005, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension ofthe security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months from the time of planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The developer shall contact the City Engineer at least 48 hours before tree planting with a planting schedule and a map showing where planting will occur. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Grading: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or 3 obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 802 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. The developer shall contact the City Engineer at least 48 hours before tree planting with a planting schedule and a map showing where planting will occur. B. All graded areas, including fmish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of $ 62,240 in lieu of the property paying a like assessment at a later date. This fee is considered due at the time of execution of this contract. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charl!e. The Developer shall pay a water main trunk area charge of $ 24,864 for the plat in lieu of the property paying a like assessment at a later date. This fee is considered due at the time of execution of this contract. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the 4 time the Development Contracts for those phases are entered into. A credit of $ 5,680 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the Water Main Trunk Area Charge to be paid with this plat is $19,184. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 15,600 for the plat in lieu of the property paying a like assessment at a later date. This fee is considered due at the time of execution of this contract. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 19,989 for the plat in lieu of the property paying a like assessment at a later date. This fee is considered due at the time of execution of this contract. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $ 19,989 will be given to the Developer as partial compensation for work associated with the abandonment of the Pine Knoll Lift Station. The net result is a Sanitary Sewer Trunk Area Charge in the amount of $ O. The remainder of the construction and engineering costs incurred by the developer for the abandonment of the Pine Knoll Lift Station shall be paid to the developer from the Sanitary Sewer Trunk Fund after completion and acceptance of the improvements in a total amount not to exceed $66,000.00. The City shall be responsible for all costs related to the acquisition of all permanent and temporary easements on private property outside of the plat boundaries required to abandon the Pine Knoll Lift Station. Such City costs shall include compensation for lost improvements or actual replacement of like improvements within the permanent and temporary easement areas (except replacement of sod, which will be completed by the Developer at the direction of the City). 20. Park Dedication. The Developer shall be required to dedicate 1.07 acres of land for park purposes. The Developer shall pay the City $ 75,596 as cash in lieu of land in satisfaction of the City's park dedication requirements for the plat. This fee is considered due at the time of execution of this contract. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Park Development Fee credit of$ 59,613 for park and trail improvements within the plat will be applied toward the Park Dedication cash in lieu requirements. The net result is a Park Dedication fee of $ 15,983. 21. Park Development Fee. The Developer shall pay a Park Development Fee of $ 17,826 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The park to which the Park Development Fee for Middle Creek East 3rd Addition shall be credited/coded to is the Middle Creek Park (2319-5046). The City shall allow the Developer to either pay the entire park development fee at the time of fmal plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the fmal plat. A credit of $ 77,439 will be given to the Developer for park and trail improvements within the plat. The net result is a credit to the developer in the amount of$ 59,613. 22. Sealcoatinl!. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 2,275 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. 23. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,300 based upon the number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 25. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 5 26. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fIre training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. A map identifying areas for sweeping will be forwarded to the City's street sweeping contractor and to the Developer the day before sweeping occurs. The Developer shall promptly reimburse the City for street cleaning costs. 27. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 893,886. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-fIve (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfIed, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 11 0,698 $ 161,139 $ 141,396 $ 64,053 $ 358,570 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 6,500 $ 20,750 $ 20,000 $ 10,781 $N/A This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifIcations, and terms of this Agreement, and that all [mancial obligations to the City, subcontractors, or other persons have been satisfIed, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the [mancial obligations that have been satisfIed. Ten percent (10%) of the amounts certifIed by the Developer's engineer shall be retained as security until all improvements have been completed, all [mancial obligations to the City satisfIed, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 28. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, 6 discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Wetland Buffer and Natural Area Sil!ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individuallot surveys prior to the issuance of a building permit for that lot. 32. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects 7 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. Building permits may be issued prior to the completion of the curb and gutter, bituminous paving, small utility installation, and sidewalkslbiketrails within the development for Lot 1, Block 1 for the purposes of constructing a model home. The construction entrance for this model home shall egress to Eastview Avenue and shall be the only entrance by which all deliveries and access to the home site shall occur. Silt fence shall be installed on the entire side of the lot facing the development street (East Oaks Drive) on the property/right-of-way line or as otherwise directed by the City Engineer and shall be maintained at all times. The Developers engineer shall verify the foundation grades and submit verification of compliance with the approved grading plans in writing to the City prior to commencement of building construction. No certificate of occupancy will be issued for this lot until the completion of improvements as outlined in this agreement. The developer shall adhere to the letter attached as Exhibit "C". The Developer assumes all liability to cure any issues that arise from the issuance of building permits before street construction is completed. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being fmal platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall 8 determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fme per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be instilled upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: D.R. Horton, Inc. - Minnesota ATTN: Ron Mullenbach 20860 Kenbridge Court, Suite 100 Lakeville, MN 55044 Phone: 952-985-7827 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: David M. Urbia, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor By: David M. Urbia, City Administrator DEVELOPER: D.R. Horton, Inc. - Minnesota By: Its: Drafted by: City of Fanning ton 325 Oak Street Fannington, Minnesota 55024 (651) 463-7111 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Kevan A. Soderberg, Mayor, and by David M. Urbia, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the ofD.R. Horton, Inc. - Minnesota, a corporation under the laws of Delaware, on behalf of the corporation. Notary Public 11 EXHIBIT" A" Outlots B, Middle Creek East, according to the recorded plat thereof, Dakota County, Minnesota. 12 EXHIBIT "B" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) , 20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 13 EXHIBIT "C" D.B.HOBlON · ~~s: May 24, 2005 Mr. lee Mann Oty of Fannlngton 325 Oak Street Fannlngton, MN 55024 Re: MIddle Creek Iut r AddItIon Dear Mr. Mann: This letter is a formal request to start a single family model home on lot 1, Block 1 before all utilities an! complete in Middle Creek East Jnl Addition, which Is contrary to the provisions of the Oty's standard development contract. This model would be used solely for the marketing of homes within this development and would not be converted to ocaJpancy until most, if not all, of the homes in the development have been sold. Our goal Is to get started some time In lune and have the home ready for the fall parade. No use of the model by the public will be permitted until completion of all public improvements (first 11ft of asphalt only on street, sidewalk and all public utility connections)" The existing fire hydrant immediately on the west side of Eastview Avenue would be operational and accessible throughout the course of construction. Our engineer will verify the foundation grades and submit verification of compliance with the approved grading plan in writing to the City prior to construction. In addition, no parking on the development streets will be pennltted during street construction. Parking for aews building the model home will be restricted to adjacent paved streets" Being that DR Horton is the owner, developer and builder and provides all sureties and Is held responsible for what happens on this site, we feel that this Is a reasonable request. We respectfully request your review and approval of this request as part of the development contract being prepared for this project. Should you have any questions, please feel free to contact me at 952-985-7827, Sincerely, ~p~ Ron Mullenbach Project Manager D.R. Horton, Inc.. . ..1ftMOta 21180 ~ Court,..... tOO. 1 .1.... .. 51044 Phone 152....1272 F_ H2.....~ 14 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, City Administrator pv FROM: Tim Gross, P .E., Assistant City Engineer ~ SUBJECT: Adopt Resolution - Mattson Farm Development Contract DATE: June 6, 2005 INTRODUCTION The Development Contract for Mattson Farm is forwarded herewith for Council's consideration. DISCUSSION The final plat for Mattson Farm was approved by the Planning Commission on January 11, 2005 and by the City Council on January 18, 2005. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval ofthe final plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Mattson Farm Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Tim Gross, P .E. Assistant City Engineer cc: file RESOLUTION NO. R_-05 APPROVING DEVELOPMENT CONTRACT MATTSON FARM Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 6th day of June, 2005 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R89-04, the City Council approved the Preliminary Plat of Mattson Farm, and; WHEREAS, pursuant to Resolution No. ROl-OS, the City Council approved the Final Plat of Mattson Farm subject to the following conditions: I. As shown on the attached Certificate of Survey, a shed owned by the property owner to the south (Ken Gerdts) is partially located on the Mattson Farm property. This is an issue because grading is proposed in this location. Additionally, the shed is located within a future outlot that will be dedicated to the City and the City will not accept conveyance of title to the outlot without proof that the conveyor has good title without any encumbrances within the outlot. The Developer (M. P. Investments) and Mr. Gerdts are currently working to resolve the issue before the final plat is signed. 2. In addition to the shed, a septic system drain field that serves the property to the south (Gerdts) may encroach upon the Mattson Farms plat. The drain field is located to the west of the shed previously discussed. This issue will also have to be resolved prior to signatures from the City on the final plat. 3. The final plat is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June, 2005. Mayor Attested to this _ day of June, 2005. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 6th day of June, 2005, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and M.P. Investments, L.L.C., a Minnesota limited liability company (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for Mattson Farm (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; aud c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Ri2ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonin2lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monwnents 1. Surveying and Staking m Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. Before the security for the completion of the utilities is released, iron monwnents must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monwnents have been installed. 7. Time of Performance. The Developer shall install all required public utilities, by November 30,2005, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 2 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlots A, Band C shall be deeded to the City following the completion and approval of improvements as required under Plans A - F. 10% of the total security amount shall be held until the required outlots are deeded to the City and the required As-built plans are submitted and approved. A Letter of Exemption, attached to this contract as Exhibit "B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 9. Warrantv. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fInal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure ofthe Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modifIed from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever fIrst occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for fmal acceptance of streets and utilities. 10. Gradinl! Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notifIcation cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-fIlling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 175 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 3 12. Landscapine:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including fmish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve fmal 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 fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of$ 13,889 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 five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of$ 3,316 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 five percent (5%) 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. 4 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 2,850 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 five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 4,458 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 five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall be required to dedicate 0.20 acres of land for park purposes. The Developer shall pay the City $ 11,566 as cash in lieu of land 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 five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Park Development Fee. The Developer shall pay a Park Development Fee of $ 3,056 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The park to which the Park Development Fee for Mattson Farm shall be credited/coded to is the Pine Knoll Park (2311-5046). The City shall allow the Developer to either pay the entire park development fee at the time of fmal plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the fmal plat. 22. Sealcoatinl!. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 388 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. 23. GIS Fees. The Developer is responsible for a Government Information System fee of $ 225 based upon the number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 25. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 26. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the 5 right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 27. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 251,725. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default ofthe Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 61,083 $ 53,450 $ 45,313 $ 19,898 $ 51,261 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 1,250 $ 5,313 $ 4,063 $ 750 $N/A Two Years Principal and Interest on Assessments $ 9,345 This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all fmancial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the fmandal obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all fmandal obligations to the City satisfied, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 28. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 6 D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Wetland Buffer and Natural Area Siens. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-I3. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 32. Kustine Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. 7 E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being fmal platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the tenus of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fme per occurrence in accordance with paragraph K of this section. 8 M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 33. O. Third parties have no recourse against the City under this contract. 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Mike Heinzerling M.P. Investment Company, L.L.C. 4889 192nd Street Farmington, MN 55024 Phone: 651-463-1405 Fax: 651-463-8363 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: David M. Urbia, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor By: David M. Urbia, City Administrator DEVELOPER: M.P. Investments, L.L.C. By: Its: Drafted by: City of Fannington 325 Oak Street Fannington, Minnesota 55024 (651) 463-7111 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Kevan A. Soderberg, Mayor, and by David M. Urbia, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of M.P. Investments, L.L.C., a limited liability company under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT" A" That part of the Northeast Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota described as follows: Commencing at the intersection of the north line of said Northeast Quarter of Section 25 and the centerline of Akin Road (said road formerly known as County State Aid Highway No. 31) thence southeasterly, along said centerline of Akin Road, a distance of 1519.22 feet to the point of beginning of the land to be described; thence South 17 degrees 21 minutes 05 seconds East, continuing along said centerline, a distance of 218.00 feet; thence southeasterly a distance of 296.77 feet along a tangential curve concave to the northeast having a radius of 2864.85 feet and a central angle of 5 degrees 56 minutes 07 seconds; thence North 70 degrees 15 minutes 47 seconds East a distance of 450.10 feet; thence North 13 degrees 51 minutes 37 seconds West a distance of 419.55 feet; thence South 81 degrees 32 minutes 16 seconds West a distance of 496.57 feet to the point of beginning. For the purpose of this description the north line of said Northeast Quarter of Section 25 is assumed to have a bearing of East. 12 EXHIBIT "B" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 13 EXHIBIT "e" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) , 20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ FROM: Mayor and councilmembers~ David Urbia, City Administrator TO: SUBJECT: ALF Ambulance 2006 Proposed Budget DATE: June 6, 2005 INTRODUCTION The ALF Ambulance Board approved the attached budget at its May 17, 2005 meeting. The Joint Powers Agreement requires each community's city council to take action on the budget by July 1 st of each year. DISCUSSION Highlights of this budget include the first time ALF has utilized a two year budget cycle and budgeting for occupying quarters in Farmington's new Fire Station Number Two. BUDGET IMPACT The per capita cost of 50~ has remained steady for quite some time and continues with this budget, so there is no impact to the city budget other than a slight upward population adjustment. ACTION REQUESTED Recommend approval of the ALF Ambulance 2006 Proposed Budget as presented. David M. Urbia City Administrator ALF Ambulance 7100 West 147th Street Apple Valley, Minnesota 55124 Office: (952) 953-2660 Fax: (952) 953-2672 MEMORANDUM TO: Dave Urbia, Farmington City Administrator Tom Kelley, Administrato~ May 20, 2005 FROM: DATE: The ALF Ambulance Operating Board approved the attached "ALF Ambulance 2006 Proposed Budget" at its May 17, 2005 meeting. Pursuant to the Joint Powers Agreement, section 9 A., "On or before July I of each year, the annual operating budget for the following calendar year as recommended by the Board shall be submitted to each City Council member for approval or disapproval. No action within seventy five (75) days shall constitute approval." Please forward the Budget to your City Council and we enthusiastically look forward to their approval. Apple Valley $ Lakeville $ Farmington . ALF AMBULANCE 2006 Proposed Budget As of May 1, 2005 . ALF AMBULANCE 2006 PROPOSED BUDGET Statement of Working Capital Workina Capital 2005 2006 2007 2004 Revised Proposed Proposed Actual Estimate Budget Budget Current Assets Cash $ 561,776 $ 309,526 $ 323,337 $ 331,869 Accounts receivable, net 694,716 753,230 831,559 909,511 Other receivable 17,428 17,951 18,489 19,044 Prepaid expenses 14,919 28,140 28,140 28,140 Total Current Assets $ 1,288,839 $ 1,108,847 $ 1,201,526 $ 1,288,564 Current Liabilities Accrued salaries 42,954 42,954 42,954 42,954 Accounts payable 34,693 34,693 34,693 34,693 Total Current Liabilities 77,647 77,647 77,647 77,647 Total Working Capital $ 1 ,211 ,192 $ 1,031,200 $ 1 ,123,879 $ 1,210,917 Chanaes in Workina Capital 2005 2006 2007 2004 Revised Proposed Proposed Actual Estimate Budget Budget Funds Provided Net income $ (92,069) $ (26,105) $ 21,003 $ 89,638 Depreciation 101,192 95,000 95,000 95,000 Net income before deprec. $ 9,123 $ 68,895 $ 116,003 $ 184,638 Issuance of Certificates of Indebt. 145,000 $ $ $ Total Funds Provided 154,123 68,895 116,003 184,638 Funds Applied Additions to fixed assets 102,668 150,095 10,150 97,600 Debt Service payments-principal 58,999 86,001 Compensated balances 12,418 12,791 13,174 Total funds applied 174,085 248,887 23,324 97,600 Net Increase in Working Capital (19,962) (179,992) 92,679 87,038 Working Capital, January 1 1,231,154 1,211,192 1,031,200 1 ,123,879 Working Capital, December 31 $ 1 ,211 ,192 $ 1,031,200 $ 1,123,879 $ 1,210,917 5/6/2005 2 I ALF AMBULANCE 2006 PROPOSED BUDGET Statement of Revenue and Expenses 2005 2005 2006 2007 2003 2004 Adopted Proposed Proposed Actual Actual Budaet Estimate Budaet Budget Operatlna Revenues Gross Service Billings 2,207,111 2,579,592 2,733,922 2,933,780 3,288,467 3,647,043 Less MedicarelMedicaid (426,142) (559,244) (562,328) (671,829) (791,293) (915,n8) Net Service Billings 1,780,969 2,020,348 2,171,595 2,261,951 2,497,174 2,731,265 City Support 52,904 59,483 60,951 61,282 63,603 65,924 Township Support 24,092 24,050 23,301 23,301 23,301 23,301 Miscellaneous 7,126 14,100 12,500 12,230 13,200 14,350 LMCIT Dividend 4,917 4,857 4,200 4,800 4,800 4,800 State-aid PERA 3,967 3.967 3,967 3,967 3,967 3,967 SOT Grant 2,480 Investment Income 20,942 9.493 10,000 18,000 18,000 18,000 Total Revenues 1,894,917 2,138,778 2,286,513 2,385,532 2,624,045 2,861,607 Operatina Expenses 6012 Salaries 1,130,845 1,148,771 1,172,261 1,269,842 1,361,871 1.435,252 6041 PERA 57,688 59,505 64,826 70,222 75,311 79,369 6044 FICA 84,856 86,938 89,678 97,143 104,183 109,797 6051 Hospitalization + life 92,354 105,315 141,871 119,887 137,799 137,199 6053 Long-term Disability 5,003 4,100 4,744 4,872 5,560 5,574 6054 Dental Insurance 9,366 9,671 9,918 9,738 10,800 11,400 6055 Workers' Compensation 19,485 30,721 23,445 25,397 27,237 28,705 6056 Unemployment Insurance 2,410 6,853 6310 Community Support 151,889 155,859 104.408 104,408 107,540 110,766 6110 Office Supplies 3,775 5,375 3,850 4,000 4,600 4,750 6112 Forms printing 1,380 780 1,380 6115 Education Equipment/Supplies 910 2,596 1,285 1,402 5,659 2,402 6120 Operating Supplies 3,164 3,500 5,290 5,500 6,000 6,180 6121 Motor Fuels 10,178 13,325 13,357 17,315 19,887 21,500 6122 Lubricants 8 100 6124 Clothing 9,134 11,187 11,520 11,600 11,850 12,020 i131 Equipment Parts 1,414 1,308 2,500 2,500 2,500 2,500 6150 Promotions 1.409 2,505 4.425 3,820 5,885 7,145 6160 Medical Supplies 40,216 42,805 44,000 44,000 45,884 47,282 6180 Computer Supplies/Software 1,272 1,000 500 500 500 6210 Professional Services 9,566 21,578 20,175 22,200 19,300 20,550 6211 Attorney Fees 3,299 2,609 4,000 5,500 2,500 2,500 6216 Collection Services 72,437 90,795 88,901 96,185 102,122 108,164 6220 Medical Director 38,768 39,768 40,961 40,961 42,190 43,456 6221 Audit 4,350 4,250 4,575 4,575 4,575 5,575 6234 Use of Personal Auto 7,304 5,866 6,500 6,150 6,400 6,650 6252 Print Public Information 876 97 1,500 300 300 300 6261 Insurance 18,990 19,492 22,428 22,428 24,110 25,918 6276 Telephone 9,206 8,382 11,750 11,866 11,933 12,319 6277 Postage 178 398 650 800 850 900 6280 Maintenance Agreements 3,940 5,775 4,620 5,620 5,620 5,620 6281 Contract Auto Repair 27,119 17,378 28,500 28,500 29,355 30,250 6288 Data Processing 12,543 11,840 20,280 21,024 20,930 21,459 6289 Contract Radio Repair 597 1,000 500 500 500 6290 Lease Contracts (pagers/copiers) 7,316 6,916 6,924 6,828 6,878 7,025 6308 Tuition Reimbursement 1,000 1,000 1,500 2,000 6311 Schools and Conferences 6,899 8,998 18,055 8,785 12,370 14,390 6312 Business Meetings 938 1,163 900 900 950 1,000 6313 Dues and Subscriptions 2,259 1,953 2,908 3,219 3,219 3,219 6314 Licenses 630 20 650 650 650 6420 Uncollectible Accounts 126,346 183,691 217,159 226,195 249,717 273,127 6425 Interest expense / Other 483 792 784 20,000 65,000 6540 Capital Outlay-Not Capitalized 7,861 6,200 8,142 8,875 2,675 Total Expenses 1,978,929 2,129,655 2,208,906 2,316,637 2,508,042 2,676,968 Net Income. before depr. $ (84,012) $ 9,123 $ 77,607 $ 68,895 $ 116,003 $ 184,638 6450 Depreciation 97,433 101,192 95,000 95,000 95,000 95,000 Net Income $ (181,445) $ (92,069) $ (17,393) $ (26,105) $ 21,003 $ 89,638 5/6/2005 3 ALF AMBULANCE 2006 PROPOSED BUDGET Notes 2004 2005 2005 2006 2007 ACTUAL Budget ESTIMATE ESTIMATE ESTIMATE Ooeratlna Revenues Gross Service Billings Average revenue per call 976 1,043 1,064 1,149 1,229 Number of calls 2,643 2,621 2,758 2,862 2,967 Total 2,579,592 2,733,922 2,933,780 3,288.467 3,647,043 Less MedicarelMedicaid write-offs (559,287) (562,328) (671,829) (791,293) (915,778) Net Service Billings 2,020,305 2,171.595 2,261,951 2,497,174 2,731,265 City SUDoort Per Capita Subsidy $ 0.50 $ 0.50 $ 0.50 $ 0.50 $ 0.50 Population Apple Valley 50,658 51,114 50,860 52,058 53,255 Lakeville 50,534 52,140 53,057 54,985 56,913 Farmington 17,774 18,648 18,648 20,163 21,679 Total 118.966 121,902 122,565 127,206 131,847 Cost per City Apple Valley 25,329 25,557 25,430 26,029 26,628 Lakeville 25,267 26,070 26,528 27,492 28.456 Farmington 8,887 9,324 9,324 10,082 10,839 Total 59,483 60,951 61,282 63,603 65,924 City SUDoort 59,483 60,951 61,282 63,603 65,924 TownshiD SUDDOrt Castle Rock 5,684 5,294 5,294 5,294 5,294 Eureka 9,187 9,645 9,645 9,645 9,645 Empire 9,179 8,362 8,362 8,362 8,362 Contract is $2.681capita plus $150/transport 24,050 23,301 23,301 23,301 23,301 Miscellaneous Revenue Ufelink III and other ground assistance 3,000 2,100 3,000 3,000 3,000 Dakota County Fair 6,563 1,700 3,500 3,500 3,500 Reports 530 500 530 600 650 First responder classes 1,915 150 1,000 1,000 1,000 CPR cards First responder 800 200 800 Public 400 400 400 Civic Event Coverage 500 500 500 SOT Grant Reimbusement 2,460 5,500 GainILoss on Disposal of Assets Training Revenue 2,135 2,550 2,500 4,000 4,500 Total Miscellaneous 16,623 12,500 12,230 13,200 14,350 LMCIT Rebate 4,857 4,200 4,800 4,800 4,800 SOT Grant 2,480 State-aid PERA 3,967 3,967 3,967 3,967 3,967 Investment Income: 9,493 10,000 18,000 18,000 18,000 Ooeratina Exoenses Personnel (see attached) 6012 Salaries 1,148,771 1,172,261 1,269,842 1,361,871 1,435,252 6041 PERA 5.53% 59,505 64,826 70,222 75,311 79,369 ~ FICA 7.65% 86,938 89,678 97,143 104,183 109,797 Hospitalization + life 105,315 141,871 119,887 137,799 137,199 6053 Long-term Disability 4,100 4,744 4,872 5,560 5,574 6054 Denial Insurance 9,671 9.918 9,738 10,800 11,400 6055 Workers' Compensation 30,721 23,445 25,397 27,237 28,705 5/6/2005 4 ALF AMBULANCE 2006 PROPOSED BUDGET Notes 2004 2005 2005 2006 2007 ACTUAL Budget ESTIMATE ESTIMATE ESTIMATE 56 Unemployment Compensation 6,853 6310 Community Support 155,859 104,408 104,408 107,540 110,766 6110 Office Supplies Located a less expensive printer provider for envelopes, letterheads Move business cards here from 6150 ($650) in 2006 Add 3% for anticipated inflationary increase. 6112 Fonns printing In 2005 add CPR and Heart Saver cards here from 6115. ALF maintains a supply then students are invoiced after class, received in General Fund. CPR cards ar $3 each. HeartSaver - Health Care Provider Paramedics - valid 1 year First Responders - valid 1 year Heart Saver - AED - valid 1 year HeratSaver - First Aid - valid 1 year 6115 Education Equipment & Supplies (training aids) CPRlAED cards - $3 each. Move to 6112 for 2006 BLS instructor cards - $5 each. Move to ~ for 2006. <0 "3 ) .3 CTC Membership $35.00 per instructor. Move to ~ for 2006. b"}'" CPR Cards - valid for 1 year ALF Paramedics move to 6112 2005 is first full year with Education Coordinator to assess all supply needs. HeartSaver/First Aid - increased demand from public, cities. Instructor Kit Pediatric video EMT Instructor Kit - ALF will begin instructing EMT Refresher in 2005 Trauma Video - for First Responders Full size mannequin - current mannequin has duct tape and tom arms One-Way CPR valves - for mannequins. Three packages, $34 for ea package of 10. They deteriorate after multiple disinfections Ventilation Masks Need 5 adult, 5 peds. Used for all CPR courses, deteriorate after multiple disinfections. $8.00 for each mask. Mannequin Airways Two packs for adult @ $43 for a pk of 24, and two pks for peds @ $51 for pk of 24 ACLS Provider Book - for ALF paramedics Need four for library. Medics need to certify every 2 years $25 each PALS Provider Book - for AlF paramedics Need four for library. Medics need to certify every 2 years $30 each Adult Mannequin - $167 each CPR torso for adult CPR training. Six in supply. four are in need of replacement Baby Mannequin Used in CPR and First Responder. Eight in supply, four to be replaced $83.75 ea Choking Mannequin - $235 each Used in CPR and First Responder. Currently use the regular CPR mannequin V-Vac suction training kit - $95 each Used in First Responder training. Currently have one. Allows ALF to train Police and Fire on equipment they carry. Oxygen Regulator - $165 each Used in First Responder training. Currently one in supply has no demand value. Also need for EMT Refresher Oral Airways Used in First Responder training. None in supply so taken off truck, 6 in a variety pack. Hare Traction Splint Used in First Responder and EMT. None in supply so taken off truck. Need two for large scenario and simultaneous classes. $225 each. Pro Splints Used in First Responder and EMT. None in supply so taken off truck. Adult & Peds, arm and leg fractures. Need 2 for large scenarios and simulataneous 5/6/2005 5 5,375 3.850 4,000 4.600 90 800 400 90 90 200 400 90 1,380 780 945 300 50 350 102 102 300 140 245 170 40 95 5 150 80 900 102 190 100 120 670 335 235 95 165 40 450 470 4,750 90 800 400 90 1,380 102 110 80 100 190 350 350 250 100 175 50 ALF AMBULANCE 2006 PROPOSED BUDGET Notes 2004 ACTUAL 2005 2005 2006 2007 Budget ESTIMATE ESTIMATE ESTIMATE 300 360 75 75 40 50 500 500 500 500 100 100 1,285 1,402 5,659 2,402 classes. $235 per set. KED Board. For cervical/spinal trauma. Used in First Responder and EMf. None in supply so used from truck. Need two for large scenario and simulateous classes. $150 ea Long Backboard For spinal. Used in First Responder and EMf. None in supply so used from truck. Need 2 for large scenario and simulateous classes. $180 ea Long Backboard Buckles Need 3 straps per board for patient security $37 per set Cervical Collars - Adult and Peds Used in First Responder & EMf. None in supply so use from truck. Need 2 for large scenarios and simultaneous classes. $20 per set Replace worn out training equipment Other 545 1,700 6120 Operating Supplies 3,500 5,290 5,500 6,000 6,180 Maintenance of quarters, batteries, cleaning supplies, vacuum bags, small replacements like broom, fan, dehumidifier, lubricants, salt. Portable radio batteries cost $52 each. Usually have to replace 10 per year. NICD batteries needed for the tone-out pagers. 8 cost $21, usually need replacing two times a year. EMSRB Run reports, 3500 x 12, per copy. Water coolers at AVand LK, total for both is $60/mo. Medical references and dictionaries approx $50 ea. 6121 Motor Fuels 13,325 13,357 17,315 19,887 21,500 2005 - $1.75 per gallon. Miles driven in 2004 = 93,500 miles, for an average 18,700 miles driven on each ambulance. 21,703 For 2006 - figured 94,000 miles driven with 9.5 mpg and fuel cost of $2.01/gal = 8,539 9,894 gallons x 2.01/gallon = approximately $19,887. In 3/05, cost per gallon 20,572 was $1.66. Add 351# for 2006. 23,138 2007-94,500,9.5,2.25 gal. 23,169 93,500 94,000 94,000 94,000 94,000 9,842 9,894 9,894 9,894 9,894 1.35/gal 1.351gal. 1.75/gal. 2.o1/gal. 2.01/gal. 6122 Lubricants - moved to 6120 8 100 6124 Clothing 2004 - 14 full time @ 490 2005.6,7 - 17 full time @ 500 8,820 8,500 8,500 8,670 Education Coordinator, Paramedic Services Manager, Orig. issue costs $400. 700 750 1,000 1,000 4 new employee uniforms @ $400 Allowance for Casuals 500 1,600 1,600 1,600 Replacement and Miscellaneous uniform needs, including FTO. 500 750 750 750 11,187 11,520 11,600 11,850 12,020 6131 Equipment Parts 1,308 2,500 2,500 2,500 2,500 Vehicle parts like fuses, bulbs, new maps every year. Other larger equip, replacement items around quarters, vacuum deaner, repair damaged doors and license tabs for MCI trailer. 6150 Promotions Annual report (50 copies) Improve the quality. 357 620 700 750 A community relations tool. Stickers, artificial badges, other handouts 93 250 600 700 Employee photos, Board photos. upgrade photo display and plaques in quarters 286 300 750 500 ALF ambulance service brochure needs updating, website costs. 500 500 Annual Employee Recognition - Resolution 04-02. 435 500 650 700 2005: 1 - $50,3 - $100,1 - $150 = $500 2006: 3 - $200, 1 - $50 = $650 5/612005 6 ALF AMBULANCE 2006 PROPOSED BUDGET Notes 2004 2005 2005 2006 2007 ACTUAL Budget ESTIMATE ESTIMATE ESTIMATE 6252 Print Public Infonnation 97 1,500 300 300 300 Public bids, employee ads for job openings 6261 Insurance Property 100 108 108 116 124 Mobile property 444 477 477 513 552 Liability 13,051 14,030 14,030 15,082 16,213 Automobile liability 2,629 2,826 2,826 3,038 3,266 UMlUIM 60 65 65 69 75 Automobile physical 4,579 4,922 4,922 5,292 5,688 Other Excess Liability Total 20,863 22,428 22,428 24,110 25,918 6276 Telephone Seven Nextel cellular (Admin, PSM, Education Coordinator, 4 shared between 3,059 4,250 4,000 4,120 4,244 Supervisors and rigs) which is $320/month, plus occasional repair/replacement Paramedic Service Manager 586 288 300 Sprint Connection, 3 lines @ $50 per month 2,400 1.800 1,850 1,925 Cable Connection - Apple Valley 200 225 250 Office telephones, Frontier @ $440/month 5,323 5,100 5,280 5,450 5,600 Total 8,382 11,750 11,866 11,933 12,319 6277 Postage (misc.) 398 650 800 850 900 Per Board Resolution, send to every 10th patient 350 surveys x 67, (return postage incl.) = $235. Mandate per HIPPA, have to send out HIPPA fonns to patients who were unable to sign at scene. 840 forms per year x 67, (return postage incl.) = $565. 6280 Maintenance Agreements Stryker stretcher maintenance X 5 stretchers 1,000 1,000 1,000 Life Pak 12 defibrillator/monitor service contract, $1,155 per quarter 5,775 4,620 4,620 4,620 4,620 Total 5,775 4,620 5,620 5,620 5,620 6281 Contract Auto Repair 17,378 28,500 28,500 29,355 30,250 Service at Dick's,. Electrical and body at North Central Amb or Clareys. 6286 Contract Linen Unen for vehicles and quarters At this time Ridges does not charge additional, is included in Medical Supplies. 6288 Data Processing LOGIS PRlHR + Internet = $5621month 5,964 6,000 6,744 6,950 7,155 LOGIS Computer Support, time & materials @ $85Ihr; SOL license has 3 year 5,876 10,500 10,500 10,815 11,139 contract for PC's and server@ $4oolyear; WebSense license is $12 per PC plus server license @$1oolyear Tumbleweed 4,855 850 from LOGIS, for junk e-mail $4,050 one-time fee, $850 annual Office Upgrade 5,000 Pest Patrol-10 licenses @ $10 each 100 100 Move Server - On-Site 3,000 If Fiber optic is successful server can be moved to LOGIS and hosted there and there would not be $3000 fee to move on site. Image Trend Support = $400 x 7 FieldBrldge license = $2,800/yr in 2005 ($325 per 3,780 3,780 3,165 3,165 license in 2006) $980 x 1 ServiceBridge license = $9801yr in 2005 ($890 in 2006) 11,840 20,280 21,024 20,930 21,459 NOTE: Support costs decrease each year. 5/6/2005 8 ----- ALF AMBULANCE 2006 PROPOSED BUDGET Notes 2004 2005 2005 2006 2007 ACTUAL Budget ESTIMATE ESTIMATE ESTIMATE 89 Contract Radio Repair 1,000 500 500 500 Maintenance agreements and purchasing new equipment should reduce this cost for radio pagers. 6290 Lease Agreements 30 pagers @ $225 per month 2,352 3,024 2,700 2,750 2,775 Copy machine @ $344 x 12 months, a 5-year contract through 2006 4,564 3,900 4,128 4,128 4,250 6,916 6,924 6,828 6,878 7,025 6308 Tuition Reimbursement 1,000 1,000 1,500 2,000 One supervisor contemplating going for his Master's. Policy covers 75%. Must have available. 6311 Schools and Conferences Farmington EMT Training 5,400 5,400 Management training - Supervisors 1,200 1,000 2,000 2,500 Arrowhead EMS - Minnesota - One supervisor 700 500 700 750 Medical Director retreat - Minnesota - Administrator and PSM 1,300 1,400 1,450 1,500 Pediatric (PAlS) Training -Minnesota - All paramedics - Mandated every 2 yrs. 2,070 2,185 690 2.185 $115 ea x 19 medics 2006 - 2 medics 2007 -19 medics Advanced Cardiac Ufe Support (ACLS) Training - Minnesota - All paramedics 1,955 1,840 1,035 1,955 Mandated every 2 Yn;. $115 ea x 16 medics 2006 - 9 medics 2007 - 17 medics Trauma Training - Minnesota - All paramedics 3,080 500 600 700 Mandated every 3 yrs. Trauma doctors come to ALF 2 x's year @ $250 for 4-hour class to all. Administrative Assistant - computer and office training, LOGIS Network training 2006 250 250 1,500 250 Paramedics - driver training, 2 hr class through MN Chiefs, $25 each 600 750 775 Executive Training for PSM 1,500 1.500 Off-site retreat for Management Team 1,000 500 575 650 Audio Conference opportunities 300 200 200 200 MN EMS Instructors Course - two instructors per year 200 160 320 350 includes workshops, EMSRB-certified two-day conference (sending 1 in 2005). EMS Instructors Course 550 575 to obtain DOT certification, required for EMT Refresher - send two each year National Fire Academy 250 500 500 send one supervisor per year. Also look at training for PSM. Only cost is meal plan 3,598 Total schools and conferences 8,998 18,055 8,785 12,370 14,390 6312 Business Meetings 1,163 900 900 950 1,000 Two department meetings per year, training sessions, and specialty meetings (MAG, DPC, User's Group, etc.) 6313 Dues and Subscriptions MN Ambulance Assoc. dues. Fee based on size of ALF's 1,500 to 5,000 runs. 1,700 1,700 1,700 1,700 1.700 MAA is a premier lobbying association for ambulance services. Metro Emergency Management 30 30 30 30 30 Dakota Tribune subscription 24 24 24 24 24 Farmington Independent 30 20 League of MN Cities subscription 20 20 20 20 Employment Law updates 20 EMSRB Training Renewai - required for ALF to train First Responders 100 100 100 Notary renewal 40 45 45 45 Farmington Rotary 120 CTC Membership - mandatory for instructors to be CPR-certified. 350 350 350 10 Instructors @$35 each, annual BLSlnstructors 50 50 50 Valid for 2 years, current April 03-05. $5 each, required for paramedic to teach 10 paramedics Other 9 254 National Registry Certification ($30 each x 30 medics = 900) 840 900 900 900 1,953 2,908 3,219 3,219 3,219 6314 Ucenses 650 650 650 5/6/2005 9 - - - - ALF AMBULANCE 2006 PROPOSED BUDGET Notes 2004 2005 2005 2006 2007 ACTUAL Budget ESTIMATE ESTIMATE ESTIMATE EMSRB licenses ALF to operate In the PSA. ALF has a 2-year contract that expires In Oct. 2005. 6420 Uncollectible Accounts Gross Billings 2.579,592 2,733,922 2,933,780 3,288.467 3.647,043 Less: Medicare (559,287) (562,328) (671.829) (791.293) (915,n8) Net Service billings 2,020.305 2,171,595 2,261,951 2,497,174 2,731,265 Allowance for uncollectibles (increase in 2004 due to economy) 9.1% 10.0% 10.0% 10.0% 10.0% Uncollectibles 183.690 217,159 226,195 249,717 273,127 6450 Depreciation 101,192 95,000 95,000 95,000 95,000 6610 Interest / Other 483 784 784 20,000 65,000 6540 Capital outlay - Not Capitalized Battery Charger/Conditioner $750 each 1,498 1.200 750 750 750 Intubation Kits (5) $550 each 340 2,750 CPA? - Advanced Oxygen Delivery (5) Units 762 4,000 2,400 Airway Bag (5) at $500 each 2,500 Quarters Fumltues, replacements. cabinets. appliances Quarters Furniture - Apple Valley 500 550 400 500 Quarters Furniture - Lakeville 100 400 500 File Cabinets 400 450 400 Quarters Appliances - Apple Valley 300 Quarters Appliances - Lakeville 300 Pagers - @ $75.00 each 375 375 Nextel Phone - replacement @ $125 each 250 250 Color Laser Printer 750 Total Capital outlay - Not Capitalized 2,600 6,200 4,150 8,875 2,675 5/612005 10 i, I Estimate: Estimate: Estimate: 5/6/2005 \ Year 2007 2006 2005 2004 2003 2002 2001 2000 ALF AMBULANCE 2006 PROPOSED BUDGET Transports Projected PODulation 131,847 127,206 122,565 117,923 112,619 108,301 104,630 101 ,020 Number of TransDort 2,967 2,862 2,758 2,643 2,375 2,524 2,422 2,393 Per Capita TransDorts 2.25 2.25 2.25 2.24 2.11 2.33 2.27 2.37 Gross Revenues Revenue per Number of Gross Year Transport Transports Revenue 2007 $ 1,229 2,967 $ 3,647,043 2006 $ 1,149 2,862 $ 3,288,467 2005 $ 1,064 2,758 $ 2,933,780 2004 $ 976 2,643 $ 2,579,592 2003 $ 929 2,375 $ 2,207,111 2002 $ 825 2,523 $ 2,081,475 2001 $ 773 2,417 $ 1 ,868,341 2000 $ 719 2,390 $ 1,718,410 2007 2006 2005 ProDosed Rate Increase 7.0% 8.0% 9.0% 11 Medicare Write-offs 2007 Medicare Medicad Total Gross revenue per transport $ 1,229 $ 1,229 * Maximum revenue per transport (393) (452) Write off per transport 836 777 Estimated number of transports 880 232 1,111 Total write-ofts $ 735,779 $ 179,999 $ 915,778 2006 Medicare Medicad Total Gross revenue per transport $ 1,149 $ 1,149 * Maximum revenue per transport (389) (447) Write off per transport 760 701 Estimated number of transports 838 221 1,058 Total write-ofts $ 636,613 $ 154,680 $ 791,293 2005 Medicare Medicad Total Gross revenue per transport $ 1,064 $ 1,064 * Maximum revenue per transport (385 ) (443 ) Write off per transport 679 621 Estimated number of transports 798 210 1,008 Total write-ofts $ 541,457 $ 130,372 $ 671,829 2004 Medicare Medicad Total Gross revenue per transport $ 976 $ 976 * Maximum revenue per transport (382) (439) Write oft per transport $ 594 $ 537 Estimated number of transports 760 200 960 Total write-offs $ 451,814 $ 107,473 $ 559,287 43 2003 Medicare Medicad Total Gross revenue per transport $ 929 $ 929 * Maximum revenue per transport (378) (434 ) Write off per transport $ 552 $ 495 Estimated number of transports 613 178 791 Total write-offs $ 338,112 $ 88,112 $ 426,224 Note: * Maximum revenue per transport is in accordance with Federal regulations. 5/6/2005 12 --- ALF AMBULANCE Community Cash Contributions to ALF Year ADple Valley Lakevllle Farrninaton Total 2007 $ 33,779 $ 25,301 $ 6,843 $ 65,924 2006 32,590 24,411 6,602 63,603 2005 31,401 23,520 6,361 61 ,282 2004 30,479 22,830 6,174 59,483 2003 27,108 20,305 5,491 52,904 2002 25,303 23,482 7,124 55,909 2001 24,400 22,407 6,638 53,446 2000 23,450 21,089 6,029 50,568 1999 22,509 19,914 5,670 48,092 1998 22,174 19,271 5,348 46,793 1997 21,773 18,704 4,917 45,394 1996 21,509 18,093 4,280 43,882 1995 20,724 17,142 3,995 41,861 1994 10,034 7,926 1,708 19,668 1993 26,953 21,284 4,576 52,813 1992 33,547 26,113 5,952 65,612 1991 50,050 34,856 8,473 93,379 1990 41,598 26,758 6,719 75,075 1989 44,425 28,577 7,253 80,255 1988 94,604 59,222 16,608 170,434 1987 105,346 65,947 18,494 189,787 1986 87,406 56,074 15,520 159,000 1999 Refund (159,523) (111,395) (29,082) (300,000) 1998 Refund (107,042) (73,798) (19,160) (200,000) Net after refund $466,827 $344,800 $92,728 $904,355 % of total refunds 51.24% 38.38% 10.38% 100% Community Support - Distribution ADDie Valley La keville Farminaton Total 2007 56,757 42,512 11 ,498 110,766 2006 55,104 41,274 11,163 107,540 2005 53,499 40,072 10,838 104,408 2004 79,862 59,819 16,178 155,859 2003 77,828 58,295 15,766 151,889 2002 51,650 33,021 10,877 95,548 2001 50,324 32,091 10,481 92,896 2000 48,860 27,773 8,338 84,971 1999 47,439 26,964 8,096 82,499 5/6/2005 13 ALF AMBULANCE Capital Outlay 2005 2006 2007 Budget Estimate Proposed Proposed Refurbish Unit 11 - 2004 A Refurbish Unit 12 - 2005 85,000 82.892 Refurbish Unit 10 - 2007 90,000 Refurbish Unit 15 - 2008 Replace Unit 14 - 2010 B Misc. Equipment for Refurbished Ambulance 2,000 2,000 2,500 C Mobile Radios for Refurbished Ambulance 3,000 3,000 3,300 D Portable Radios $600 each 2,400 1,800 E Farmington Quarters 4,000 F Portable Suction Units (5) - $750 each 3,750 G 5 Computers and 5 printers (Portable Computer Sys) 21,300 22,669 G Docking station-mounting 3,461 6,415 G Wireless antennas 1,278 G GPRS cards (3 Sprint cards, Net Motion. Anti-virus) 1,198 G Field Bridge license 4,793 1,500 G Image Trend AR interface (import module) 1,500 G Other - warranty 1,250 H Server, backup tape system and switch 14,509 17 ,253 I Ambulance Stretcher 3,850 Stair Chairs (5) @ 2,200 11,000 10,418 Total Equipment - Capitalized $ 150,191 $ 150,095 $ 10,150 $ 97,600 Capital Outlay - Not Capitalized (included In line Item 6540) Paramedic Services Administrator Computer 1.889 File cabinet 415 Conference table 485 Computer attachment 202 Chair 180 Shelving 746 K Battery Charger/Conditioner $750 each 1,200 750 750 750 L Intubation Kits (5) $550 each 2,750 M CPAP - Advance oxygen delivery (5 Units) 4,000 2,400 N Airway Bag (5) at $500 each 2,500 0 Quarters Furniture, Replacements. cabinets, appliances Quarters Furniture - Apple Valley 500 550 400 500 Quarters Furniture - Lakeville 100 400 500 File Cabinets 400 450 400 Quarters Appliances - Apple Valley 300 Quarters Applicances - Lakeville 300 P Pagers - @ 75.00 each 75 375 375 Nextel phone - replacement @ $125 each 250 250 Color Laser Printer 750 Total Equipment - Not Capitalized $ 6,200 $ 8,142 $ 8,875 $ 2,675 Total Acquisition of Equipment $ 156,391 $ 158,237 $ 19,025 $ 100,275 5/6/2005 14 ALF AMBULANCE 2006 PROPOSED BUDGET Fixed Asset Acquisition Note A New Ambulance Refurbishment To rechassis a unit means that the patient module is removed and completely refurbished and fitted onto a new vehicle chassis. This is a viable option when there has not been a number of engineering changes between the existing module and new chassis, and when the new chassis is deemed in good to excellent condition. The process takes 90 days. This procedure will result in a net savings of approximately $30,000 off the 'price of a new unit. Each ambulance averages 20,000 miles per year and is usually refurbished after it is 8-9 years old. The next ambulance due is Medic 10, a 1999 Ford with 117,000 miles as of March, 2005. In January, 2007, it should have 155,000 miles logged. B Misc. Eauipment for New Ambulance At the time of a rechassis there will be a number of on-board medical fixtures that will be considered for replacement or upgrade due to age, including drug bags, oxygen kit. C Mobile Radios Each ambulance has a VHF radio for PSAP communication and as of 2005 an 800 mhz radio for medical control. They are original radios and are located in the patient module and need to be replaced with each refurbishment The old radios are of no value by that time. o Portable Radios ALF is replacing its handheld portable radios over a period of time so eventually all radios and batteries will be the same Motorola Model HT750. They currently cost $600 each. E FarminGton Quarters When ALF occupies new quarters in 2006, the facility will need two recliners, end table. lamps, LifePak battery charger and batteries, flashlights and shelving. F Portable Suction Units One for each ambulance. Replace old Thomas units. Internal, rechargable battery that can be plugged into vehicle power. G Mobile ComDuterlPrlnters Subject to the review and recommendation of the Technology Committee, the On-board Computer system. Mobile computers (5) 18,250 Printers (5) 1,750 Licenses (3) 4.500 Wireless antennas 1,200 Docking Station (5) 3,250 30,832 Will be implemented in 2005. H Main Server LOGIS staff is recommending replacement of a server ($6,045), tape backup ($5,032), switch ($ 2,982) and modem share software for paging ($450). Ambulance Stretcher A new stretcher will be needed in newly refurbished M-12. The old stretcher can be retained as a spare, or for training. 5/6/2005 15 ALF AMBULANCE 2006 PROPOSED BUDGET Fixed Asset Acquisition J Stair Chairs Current stair chairs are original equipment; 16 years old. Patients are placed on this device and lifted down stairs by (2) paramedics. New models are ergonomically improved for both patients and paramedics. K Battery CharGer/Conditioner - BudGeted under oDeratina supplies in 2005 due to capitalization threshold. Need one in each station. Extends battery life. Customized fittings for multiple battery types. Holds 4 batteries $750 each. L Intubation Kit 5 kits, one in each ambulance. Currently in airway bag on outside of truck for use at scene. These would be to access while working a patient in reat, during transport. Currently when leaving hospital on cardiac arrest or respiratory arrest, the crfNi is not available for service until equipment can be cleaned, decontaminated and re-supplied. A second kit would allow immediate in-service for those 75 calls per year. M CPAP - Budeted under medical supplies In 2005 due to capitalization threshold. CPAP improves oxygen delivery to patient when patienfs respiratory system is laboring. Oxygen delivery is via a mask (non-evasive) rather than manual (tubular) method. Bumsville obtaining in 2004, Health East already uses. $800 each on original estimate. N Airwav Baa Large bag holding all airway equipment including intubation, CPAP, autovent, ambu-bag. Current bags need replacing, reconflQuring with added uses. o Furniture/OffIce/Quarters - Budaeted under oDeratlna supplies in 2004-2005 due to capitalization threshold. Involves upgrading, replacing worn out items such as microwave, furniture, appliances and filing cabinets. Whenever possible, furniture is repaired rather than replaced, for example. the Lakeville recliner was repaired in 2004. P f!9!m With heavy use and added casuals, estimate replacing five per year. Q Nextel Phones Estimate replacing 1-2 per year depending on use. R Color Laser Printer Replace old, dot matrix printer at main office. 5/6/2005 16 /,- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, councilmembers and City Administralo~vL.- Ken Kuchera Fire Chief TO: SUBJECT: 2005 Forestry Assistance Matching Grant DATE: June 6, 2005 INTRODUCTION/DISCUSSION The Fire Department has received a $3,000 grant from the Department of Natural Resources. This program requires a 50% commitment from the cities awarded grant funds. Equipment applied for is fire fighter turnout gear. BUDGET IMPACT The $3,000 match will be provided by the Fire Department utilizing fund raising dollars from the Cataract Relief Association General Fund. ACTION REQUESTED Approve the 2005 Forestry Assistance Matching Grant. Respectfully submitted, ..r~--,%~ <L-J Ken Kuchera Fire Chief cc: Robin Roland City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 73 TO: Mayor and Councilmembers ~ David Urbia, City Administrator . Joel Jamnik, City Attorney FROM: SUBJECT: City Administrator Performance Goals and Employment Agreement DATE: June 6, 2005 INTRODUCTION The annual evaluation process has been completed, however, as part of the annual evaluation process; Council requested the preparation of performance goals using input from the Management Team and individual Council members. DISCUSSION The City Attorney has compiled the input and prepared the following performance goals from said input: Council-Administrator 1. Maintain regular communication with Council. 2. Reduce number of supplementary agenda items. Administrator-Management Team 1. Ensure clear and prompt assignment of tasks and responsibilities 2. Ensure frequent communication with staff, prompt decision-making, and compliance with deadlines. 3. Timely attendance at meetings. 4. Maintain chain of command/confidentiality of information. 5. Ensure conformance to established policies, procedures and protocol. Administrator-Community 1. hnprove working relationship with other governmental bodies/staff, continue outreach efforts with community. The future performance review process was discussed. The time line is proposed to change to the first council meeting in September of each versus the employee's anniversary date of January. The January review date is not timely whenever there is new council members being sworn in that month. The change in evaluation format was also discussed, and new format is attached. BUDGET IMPACT The adjustments in the employment agreement can be handled by the 2005 budget. With the review process and subsequent employment agreement review being adjusted to September, this allows future adjustments to be implemented in the upcoming budget in a timely manner. ACTION REQUESTED Recommend to adopt the following: (1) The above listed performance goals; (2) The attached performance review format; and (3) The attached employment agreement. Respectfully submitted, David M. Urbia City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ANNUAL PERFORMANCE EVALUATION (Part One) NAME: HIRE DATE: LAST REVIEW: DATE OF REVIEW: Self Analysis Questions 1. List your most significant accomplishments or contributions during the last year. How do these achievements align with your job goals? 2. What activities have you initiated or actively participated in to encourage teamwork and cooperation in your work environment? 3. Identify how you have improved in your position over the last year. List training/educational/personal development activities that may have contributed to your improvement. IINAME: THIS REVIEW DATE II 4. Describe areas you feel require improvement in terms of your job performance and job skills. Outline your plan and the resources you need to improve these areas. 5. What can you do in your job to improve internal and external customer satisfaction? 6. If you could change one thing about your job, what would it be? 7. What have you done in your job to improve communications with your co-workers over the last year? IINAME: THIS REVIEW DATE II 8. What is something you could do to improve your relationship with your supervisor? 9. What is something your supervisor could do to improve the relationship? 11. What do you like about working at the City of Farmington? 12. What do you feel is your mission here at the city? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ANNUAL PERFORMANCE EVALUATION NAME: HIRE DATE: LAST REVIEW: DATE OF REVIEW: PERFORMANCE EVALUATION FACTORS (Justification MUST be provided for ratings of 3 or below OR 7 or above) Does Not Meets Exceeds Meet Expectations Expectations Ex ectations 123456789 I. PRIORITY SETTING: Recognizes department priorities; properly handles workloads and schedulin . SPECIFIC EXAMPLES or COMMENTS: 3. ANALYTICAL ABILITY: Learns quickly. Effectively analyzes both successes and failures; understands the relationshi of issues to the de artment's 0 erations. SPECIFIC EXAMPLES or COMMENTS: IINAME: THIS REVIEW DATE II PERFORMANCE EVALUATION FACTORS (Justification MUST be provided for ratings of 3 or below OR 7 or above) Meets Expectations Exceeds Expectations 9 4. KNOWLEDGE/SKILL LEVEL: Has the knowledge and necessary skills to perform job duties; looks for ways to acquire new skills and knowledge that benefit the department and City; strives to develop professionally. SPECIFIC EXAMPLES or COMMENTS: 5. QUALITY OF WORK~ Creates work products that are accurate and neat. SPECIFIC EXAMPLES or COMMENTS: 6. MEETING DEADLINES/TIME MANAGEMENT: Finishes work and meets established deadlines; spends work time wisely and efficiently to complete tasks; prioritizes and uses time to best advantage. SPECIFIC EXAMPLES or COMMENTS: 7. ETHICS & PROFESSIONALISM: Maintains a high ethical standard in performing job duties; consistently demonstrates professionalism. SPECIFIC EXAMPLES or COMMENTS: 2 II NAME: II THIS REVIEW DATE PERFORMANCE EVALUATION FACTORS (Justification MUST be provided for ratings of 3 or below OR 7 or above) 8. EXTERNAL COMMUNICATIONS: Clearly communicates with citizens in the community, boards, committees and City Council members as applicable; handles contacts, complaints and issues with the public in a timely manner. SPECIFIC EXAMPLES or COMMENTS: 9. INTEGRITY AND TRUST: Inspires trust; is seen as a direct, truthful individual; keeps work confidences. SPECIFIC EXAMPLES or COMMENTS: 10. INTERNAL COMMUNICATIONS: Openly shares relevant information; communicates questions, ideas and/or suggestions to co-workers, supervisor and other City departments effectivel . SPECIFIC EXAMPLES or COMMENTS: 11. ACCEPTS RESPONSIBILITY: Assumes job related responsibilities; accepts direction; takes responsibility for hislher own actions/decisions. SPECIFIC EXAMPLES or COMMENTS: 3 Meets Exceeds Expectations Expectations 9 II NAME: THIS REVIEW DATE II PERFORMANCE EVALUATION FACTORS (Justification MUST be provided for ratings of 3 or below OR 7 or above) Meets Exceeds Expectations Expectations 9 12. SAFETY PRACTICES: Operates with safety of employees and public as a first priority; reports and handles accidents effectively, efficiently and timely; follows safety rules on the .ob. SPECIFIC EXAMPLES or COMMENTS: 13. PERSISTENCE & FLEXIBILITY: Demonstrates persistence in achieving job goals, while maintainin flexibili to res ond to chan in situations; acce ts .ob-related chan e. SPECIFIC EXAMPLES or COMMENTS: 14. COMMITMENT & DEDICATION: Demonstrates dedication and commitment to the City of Farmington; shows willingness to work additional time to complete tasks and projects, when necess SPECIFIC EXAMPLES or COMMENTS: 15. REPORTSIRECORDS: Creates reports and records that are accurate, concise, timely, or anized and articulate as needed. SPECIFIC EXAMPLES or COMMENTS: 4 II THIS REVIEW DATE II NAME: PERFORMANCE EVALUATION FACTORS (Justification MUST be provided for ratings of 3 or below OR 7 or above) 16. PROBLEM SOLVING: Effectively solves problems; seeks solutions that meet the needs of all affected arties. SPECIFIC EXAMPLES or COMMENTS: 18. HOUSEKEEPING: Keeps work area neat and organized; appropriately o erates and cares for Ci e ui ment. SPECIFIC EXAMPLES or COMMENTS: 19. STRESS MANAGEMENT: Rarely allows job-related stress to adversely affect job performance; maintains composure and uses appropriate techniques to diffuse stress; remains reliable and composed during stressful situations. SPECIFIC EXAMPLES or COMMENTS: 5 Meets Expectations Exceeds Expectations 9 II NAME: THIS REVIEW DATE II PERFORMANCE EVALUATION FACTORS (Justification MUST be provided for ratings of 3 or below OR 7 or above) Meets Exceeds Expec~tions Expectations 9 20. ATTENDANCE, PUNCTUALITY, OBSERVANCE OF WORK HOURS: Reports for work on time and is present at work when scheduled; puts in time needed to get job done. SPECIFIC EXAMPLES or COMMENTS: 21. INITIATIVE: Self-directed; independently thinks of and initiates actions and ideas that benefit the department and the City; needs very little coaching or external motivation from supervisor; implements ideas with eagerness and resourcefulness. SPECIFIC EXAMPLES or COMMENTS: 22. TEAMWORK/COOPERATION: Demonstrates commitment to being a team player; works together with co-workers and with other City departments to solve problems, accomplish tasks and improve efficiencies for the benefit of the department and the City. SPECIFIC EXAMPLES or COMMENTS: 6 IINAME: THIS REVIEW DATE PERFORMANCE STANDARDS 1. 2. 3. 4. 5. 7 II II NAME: THIS REVIEW DATE II GOALS AND OBJECTIVES Please list the employee's goals and objectives that are to be accomplished during the upcoming year. Keep in mind training, specialty skills, interpersonal skills, education, and tasks. Please use as much space as necessary, but please number each goal separately. 1. 2. 3. 4. 5. 8 II NAME: THIS REVIEW DATE II EMPLOYEE COMMENTS EMPLOYEE SIGNATURE DATE (Signature indicates only that this performance evaluation has been reviewed with the employee and the signature does not mean that you necessarily agree with its contents. You may write a statement to be attached to this document if you desire. ) SUPERVISOR DATE DEPARTMENT HEAD DATE HUMAN RESOURCES DIRECTOR DATE CITY ADMINISTRATOR DATE 9 II NAME: THIS REVIEW DATE II PROGRESS LOG DATE DISCUSSION SUPERVISOR'S EMPLOYEE'S INITIALS INITIALS 10 CITY OF FARMINGTON 360-DEGREE PERFORMANCE EVALUATION FEEDBACK FOR MANAGER/SUPERVISOR =<:mployee Date Rater's Relationship to Employee: PeerITeam Member _ Direct Report _ ManagerlDirector _ Employee (Self-rating) Please evaluate the employee on each of the competencies listed below. Mark the number that describes the employee as follows: 1 = Unsatisfactory; 2 = Needs Improvement; 3 = Fully Capable; 4 = Highly Commendable; 5 = Outstanding; N/A = Not Applicable/Not Observed eOMPETENeIES 1 2 3 4 5 N/A 1. Leadership Serves as a role model and provides direction; commits to the organizational/departmental vision; encourages learning/ development, creativity and staff responsibility; facilitates a team atmosphere; collaborates with other departments. eomments: 2. Strategic and Systems Thinking Uses an integrated, system-wide approach to problem solving and supporting organizational/departmental goals; acknowledges diverse perspectives; considers long-term implications of decisions; demonstrates innovation; supports technology. eomments: 3. Organizational and Technical Knowledge Understands departmental objectives and statutory/regulatory requirements; knows the City organization and departments; understands supervisory/management theory and practices. eomments: 4. eommunication Speaks effectively in one-to-one and group settings; listens actively; communicates effectively in writing; encourages and uses communication that is open, respectful and frequent to build consensus among groups and share infonnation with staff. eomments: 5. Interpersonal Relations Treats staff, coworkers and customers respectfully and professionally; listens carefully and responds courteously; appreciates others' judgment and expertise; values diversity; shares feedback directly. eomments: Continued. . . . . . . . . . eOMPETENeIES 1 2 3 4 5 N/A I 6. Planning and Organization Handles multiple responsibilities; prioritizes objectives and sets goals; delegates appropriately; utilizes resources efficiently; accomplishes objectives and follows up to ensure closure; develops plans that provide for changing priorities; uses time effectively. eomments: 7. eustomer Focus Knows customers and identifies their needs; continuously improves service delivery; keeps commitments and delivers timely, high quality service; asks for and acts on customer feedback. eomments: 8. Work Values Seeks opportunities to collaborate with and help coworkers; shares knowledge and information; respects others' roles; recognizes and supports coworkers' efforts. eomments: 9. Personal eharacteristics Is conscientious, enthusiastic and committed; takes initiative; is flexible and adaptable; demonstrates open-mindedness, self-awareness and self- confidence; remains ethical and uses discretion; takes responsibility and accountability for actions. Comments: Additional eomments: CITY OF FARMINGTON 360-DEGREE PERFORMANCE EVALUATION FEEDBACK SUMMARY Employee Date Enter the employee's self-ratings, your ratings as manager/supervisor, the average of the peers' ratings and the average of the customers' ratings from the individual feedback forms. COMPETENCIES Self-Rating Manager/ Peers/Team Direct Reports Supervisor Members 1. Leadership 2. Strategic and Systems Thinking 3. Organizational and Technical Knowled~e 4. Communication 5. Interpersonal Relations 6. Planning and Organization 7. Customer Focus 8. Work Values I 9. Personal Characteristics Summary of Raters' eomments: EMPLOYMENT AGREEMENT AGREEMENT made this 6th day of June, 2005, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("Employer"), and David Urbia ("Employee"). The parties agree as follows: 1. POSITION. Employer previously contracted Employee as its City Administrator with an employment start date of January 26,2004. Employee agrees to serve as City Administrator in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee, as authorized by State law, an alternate pension plan if selected by Employee in an equivalent amount based on the PERA employer contribution amount 3. SALARY. Employer shall pay Employee a salary of$90,780 per year effective January 1,2005. Employee shall be given a performance review at the first council meeting in September 2005 and annually thereafter. Any subsequent adjustment to any compensation or benefits under this Agreement shall be made only upon express action of the City Council. 4. SENIORITY. For purposes of employment benefits such as sick leave, vacation leave, and the like, Employee will be credited with having completed five years of employment with the City upon his first day of employment. 5. SICK LEAVE. Effective upon Employee's first day of employment, Employee shall be credited with twenty days of accrued sick leave. In addition, Employee shall accrue and use sick leave in accordance with the City's then current personnel policies. Employee shall be subject to any maximum accrual (currently 1040 hours) and payment upon separation limits (currently, one-fourth of accrued leave after 5 years and one-half of accrued leave after 10 years) established in the City's personnel policies. 6. VACATIONS. Effective upon Employee's first day of employment, Employee shall be credited with ten days of accrued vacation leave. In addition, Employee 1 shall accrue vacation leave beginning with fifteen days annually and thereafter in any greater amounts in accordance with the City's personnel policies. Employee will be subject to the annual maximums as established in the City's personnel policies. 7. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by other non-union employees. 8. GENERAL INSURANCE. Employer shall provide Employee the same group hospital, medical, dental, life and disability insurance benefits as provided to all other non-union employees. The Employee shall be responsible for insurance coverage costs pending any waiting period or eligibility limitation for enrollment in the City plan. 9. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the professional dues and subscriptions for Employee which are necessary for Employee's continued participation in national, regional, state and local associations (ICMA, MCMA) necessary and desirable for Employee's continued professional participation, growth and advancement. 10. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other committees thereof which Employee serves as a member. Employee shall seek prior Council approval for any professional development activity that necessitates out of state travel or registration and/or expenses in excess of $500. Employee shall use good judgment in his outside activities so he will not neglect his primary duties to the Employer. 11. CIVIC CLUB MEMBERSHIP. Employer recognizes the desirability of representation in and before civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as approved by the Council at Employer's expense. 2 12. AUTOMOBILE. Employee shall be paid a monthly allowance of$300 effective April 1, 2005 for use of his personal automobile for Employer business, and shall comply with all applicable rules and regulations regarding automobile allowances. 13. GENERAL EXPENSES. Employer shall reimburse Employee miscellaneous job related expenses which it is anticipated Employee will incur from time to time when provided appropriate documentation. 14. HOURS OF WORK. It is understood that the position of City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures oftime. It is further understood that Employee may absent himself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 15. TERMINATION BENEFITS. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee at the time of receipt of his last pay check a lump sum cash payment equal to six (6) months aggregate salary and to continue to provide and pay the employer contribution for the benefits set forth in paragraph 8 for a period of twelve (12) months following termination. Any payment of accrued vacation and sick leave shall be limited to that amount payable to other City employees as provided in the City's personnel policies. However, in the event Employee is terminated because of his conviction for an illegal act of employee, then Employer shall have no obligation to pay the termination benefits. If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non-union employees, or if Employee resigns following a formal suggestion by Employer that he resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. 3 If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer thirty (30) days advance notice. If Employee voluntarily resigns his position with Employer, there shall be no termination pay due to Employee other than payment for accrued vacation and sick leave consistent with the City's personnel policies. 16. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provisions ofthis Agreement. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalfby its Mayor and City Attorney, and Employee has signed this Agreement, in duplicate, the day and year first written above. EMPLOYER: CITY OF FARMINGTON EMPLOYEE: BY: Kevan A. Soderberg Its Mayor David M. Urbia JoelJ. Jamnik Its City Attorney 4 EMPLOYMENT AGREEMENT The parties agree as follows: Deleted: 5" Deleted: 2"" Deleted: Deleted: January Deleted: May Formatted: Superscript Deleted: 2004 AGREEMENT made this ..@l..Jl~y.h<?L Junf:,h,.200.5L_~y__~I}~__~~~t:~_I}_Jh~__fr~X:__Q_I:"_,,:::---- ~~'..,'" ~ FARMINGTON, a Minnesota municipal corporation ("Employer"), and David Urbia \~~:::' .' , . '- ("Employee"). \::' /{ Deleted: agrees to employ POSITION. Employer ,prev.ioLJsl X. c()l1tracte<i )~~p }()y.t:~. _~~_ _(t_~. ~j!y' _~<l~(I}j~~~<?!: ."", ,.,{ Deleted: February 1.2004 with an employment start date of .,Ial1.u~ry ~6... ~O_O<lJ~=~I!!P!<?Y~t:_~gr~~~.~().~~r:y~.~.~)_ty_~<l~(I}j~~~~<?!:_,/ 1. in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shaH from time to time assign. .1: _ _ _ _ _ _ _ _ ~:~~NJ.Q ~!X._ _. f <?!:P!-!!R<?_~~~. _ <?K .~~pJ()Y.J:l?~I}_t_ _~~I}~~~ _ ~':I~~_ _~~_ _*~. }~~~~l_ :".:?_<:?~()I)_, Deleted: . 2. . MOVING AND RELOCATION ALLOWANCE. Employer shall pay Employee $5000 for relocation expenses if employee moves his household to Farmington within one year. and $2500 for relocation expenses if employee moves his household to Fannington within the seco"d year of employment Payment shall be made upon receipt by the City of documentation that the permanent relocation has occurred,~ '. Deleted: 3 Deleted: 4 Deleted: 89,000 Deleted: starting February 1. 2004 Deleted: an initial Deleted: after six (6) months Deleted: No salary adjustment or contract modification is contemplated at the six (6) month review. and any subsequent adjustment to any compensation or benefits under this Agreement shall be made o"ly upon express action of the City Council. Deleted: 5 Deleted: 6 . ___ ______~:____. ___~~~_~~_Q~_~~~.__~~pJ_<?X~~.!'_~~ll__<:<?I}!!!~~~~_~<?_~~M_~_~~q':lj~~~_ ~y. .~~~~J?~.f<?\:/ Employee or, as authorized by State law, an alternate pension plan if selected by Employee in an equivalent amount based on the PERA employer contribution amount. J: _ _ _ _ _ _ _ _ ~_#~~ X._ _ _ ~~p!()y~~ _ ~.h~IJ_ p~y__I;:_I!!P!<?Y~t: _ ~ _ ~~l?!)' _ ()f. ~ .:>9.! 8.0. p~~ _y.t:~~ ;.ffecti ve 't" January 1. 2005. Employee shaH be given ~.P_t:!i<?~~I1~~.~~~j~~.,ilt th.efi~t_c_<?LJIl.c\I.111eet.i~g .ill__ \:':-" ~~. \:\ September 2005 and annuaHy thereafter. .Anv subseCJ.uent adjllstlllel1.U() _ ~llv__c()n1tJens.ati<?_I}__or__. \:-.,\ benefits under this Agreement shall be made only upon express action of the Citv Council. \<<::. leave, and the like, Employee will be credited with having completed five years of employment with the City upon his first day of employment. ~: _ _ _ _ _ _ _ _ ~~ ~~ _ ~~~ y~: _ _ );Jf~~~_~~ _ ~P5?~ _ ~~P.1_<?X~~'!'_. ~~~_ _~~y. _ <?L ~I!!pl<?~~~~,. _ ~!1lP}!ly.t:~. _. -' -- -- shall be credited with twenty days of accrued sick leave. In addition, Employee shall accrue and use ",{ Deleted: one-half to any maximum accrual (currently I 040 hours) and payment upon separation limits (currently ,Pl1e-. _/" sick leave in accordance with the City's then current personnel policies. Employee shall be subject fourth of accrued leave after 5 years and one-half of accrued leave after 10 years) established in the City's personnel policies. ",{ Deleted: 7 !l~ _ _ _ _ _ _ _ _~~~~_'I~ 9.~~~ _ _ _g!f~_~!i y_~ _ _l!R<?_Tl_ ,gI))Q!<?Y~~:~ _ _~_~! _ ~~Y_ _<?f _ ~~R!<?~~~!,_ _ ~~p J~y.~~_ -' /' shaB be credited with ten days of accrued vacation leave. In addition, Employee shaB accrue vacation leave beginning with fifteen days annuaBy and thereafter in any greater amounts in accordance with the City's personnel policies. Employee will be subiect to the annual maximums as established in the City's personnel policies. /{ Deleted: 8 :z~ _ _ _ _ _ _ _J~ Q !-:~~ X~_'_ _ _gI))P.!9Y~~ _ ~h~D _ p.~~~~~_ _F;:_I))P'!<?Y~_~_ ~h~_ ~~~~ _ h~l_i_~~y~_ _~_ _~!lJ<?X~~ - ~y- -' / other non-union employees. A Deleted: 9 ~~ _ _ _ _ u _ _Q~_~~M!-:_ _ ~~_~_~~(~~ u _gI!lP.!9Y~~_ ~_~~!I. _ R~9_yj~~_ _gI!lP!9Y~~_ _!~_~ _ ~~~~_gr_<?!lP_ -""" hospital, medical, dental, life and disability insurance benefits as provided to all other non-union 2.~____ __ __~~~_~~~_ ~!-!.I:l_~_~~_~'I~Q~~~ __ ~~pJ~y.~~_~h~I)J~~~g~_t__~~~_ p.~y_ ~h~_ P~~f~~_~~9~~I__","" Deleted: (City) ( Deleted: ) Deleted: (currently eligible for enrollment after 30 days of city employment) Deleted: 10 emp loyees. The -PI!l!? !~y~~ _s.~~!! _~_~ _~~_sp.<?!!~j~!~ .f<?~ _ j!!~~~:l!!~~ _ ~_<?y'~~g~ _ ~_()~~~p~~_~j!lg _~!1Y_ _,:,-:aj~j!!g _"/ -- period or eligibility limitation for enroBment in the City plan,._______umm_____mm_____u_m_____mm_____/'' dues and subscriptions for Employee which are necessary for Employee's continued participation in national, regional, state and local associations (ICMA, MCMA) necessary and desirable for Employee's continued professional participation, growth and advancement. ,A Deleted: 11 .!Q~ __u__~~Q~~~~~Q~~~_ ~_Jj:_~~.Q~M~_~~~ __ ~~p)_()X~!__s.~_~g _~_l!~g~!_ :l~~ .p_ax_!~~ _~:,,~)__,,/ and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other committees thereof which Employee serves as a member. Employee shaB seek prior Council approval for any professional development activity that necessitates out of state travel 2 or registration and/or expenses in excess of $500. Employee sha1l use good judgment in his outside activities so he wi1l not neglect his primary duties to the Employer. /{ Deleted: 12 J..!:._uuqy!~. __ 9AJ~__ _M~_~~~~__~U."'~ _. _._ ~~pJ_<?y.~~u.~~_<:9~!~_~~_u!~~_.~~_~t@~W.tL.9K.../ { ... Deleted: local representation in and before .f!yj~. ~I)~. ~!h.t::~u<?~g~!!!~-,!rt9!!~: __~_~R!9Y~.~ _ j.su ~.l!!h.9.I1~~~. ~~.~~~9_~~ .~__/., member of such civic clubs or organizations as approved by the Council at Employer's expense. Deleted: 13 n._ _ _ _ _ _ _~.l!I9.~Q~J!~~~.__~.~Rl_<?y~~ _ ~h~JJ_~~_P-'!!~._~_~9_I)~hlY._l!!!9.~~!!~_t::.~f.t,)300 effective_...:<.. Deleted: $250 per month April 1. 2005 for use of his personal automobile for Employer business, and shaH comply with a1l applicable rules and regulations regarding automobile a1lowances. ...{ Deleted: 14 J1.__ ____ -~_~_~~~._~~~~~~~~....~~p!9Y~~.~h~n_!.~!~_~~~~.~~P!9Y~~_ ~!~~t::!!~!!~.<?~~j~~../" related expenses which it is anticipated Employee wi1l incur from time to time when provided appropriate documentation. ...{ Deleted: 15 .,H'u _ _ _ _ _ ~Q.l!~. Q!,: uW 9_~~... Jtu!~ _ _l!!!~t::!?_t.<?9~_ _ !~_~! _ _th~__R9_~i_~_<?~. ~f gty.. ~~~i.I)!~~!9!. ../. requires attendance at evening meetings and occasionaHy at weekend meetings. It is understood by Employee that additional compensation and compensatory time sha1l not be aHowed for such additional expenditures of time. It is further understood that Employee may absent himself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. ...{ Deleted: 16 Jj:.. _. _ _T.~~!~_~ J:IQ~__~~~!':!I.~~.._!I}_ _!~~ _~y~l}_t..!~~!. ~~pJ9y'e~_.i_~ _!~l!l1j~~~~~__~Y_~h~__../ Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee at the time of receipt of his last pay check a lump sum cash payment equal to six (6) months aggregate salary and to continue to ...{ Deleted: 9 provide and pay the employer contribution for the benefits set forth in paragraph .t.f9.I:.~.R~.I1~~.9r../ twelve (12) months foHowing termination. Any payment of accrued vacation and sick leave shaH 3 be limited to that amount payable to other City employees as provided in the City's personnel policies. However, in the event Employee is terminated because of his conviction for an illegal act of employee, then Employer shall have no obligation to pay the termination benefits. If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non-union employees, or if Employee resigns following a formal suggestion by Employer that he resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer thirty (30) days advance notice. If Employee voluntarily resigns his position with Employer, there shall be no termination pay due to Employee other than payment for accrued vacation and sick leave consistent with the City's personnel policies. /{ Deleted: 17 .!.&~_G~_~~~__~9~~~I!QN~_Q!,: _~Mf~QXM~!~IT.___~~!~J~g_t1]__thj~_Agr_~~~~_tl~_~_~~I)__,..,., prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provisions ofthis Agreement. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and ".{ Deleted: executed on its behalf by its Mayor andTc::itY_f\t!()J11ev~_~~~_~~p.!()Y~~_h.~~_~_i~~~:U~J~_f\gr:~~~~1]~J_t~__,/' duplicate, the day and year first written above. 4 EMPLOYER: eITY OF FARMINGTON EMPLOYEE: BY: David M. Urbia ~~_':~.~.A.:.~o_~~r~.en~m.mUUmmmUh"h"hhm"_'U__UUU'Uhmmum_.______' _u..mmumum...--..{ Deleted: Gerald. G. Ristow Its Mayor AND )~_e! _~a!!lni_~_. _ .mh. _ h m m__ __ _____ _.. _ _ _____.___ _ ___ __ __. __ _om __._ _ _m___ _ _. h_.m. .mm__. ____ m m _UhU_..-.... Deleted: Daniel M. Siebenaler Its ,City. A ttollle)' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ u _ _ _ _ _ _ _ _ _ u _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ __ h U U U _ _ _ _ u _ _ _ _ _ _ _ _ _ _ _ _ _.. _ _. _ _ _ _ _._ _ _ _ _ _ _ _ _ _ __-' -.' - Deleted: Interim City Manager 5 76 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, councilmembers, City Administrator~ FROM: Tim Gross, P.E., Assistant City Engineer ~ SUBJECT: Approve Sewer Televising Contract DATE: June 6, 2005 INTRODUCTION Quotations were received for sanitary sewer televising services on April 14, 2005. DISCUSSION Hydro-Vac Inc. submitted a low quote of $26,175. The project consists of televising approximately 25,000 linear feet of sanitary sewer per year for the next three years beginning in 2005. BUDGET IMPACT Funds for this project are available and provided for every year in the City's Budget from the Sewer Fund. ACTION REQUESTED Approve entering into a contract for sanitary sewer televising services by Hydro- V ac Inc. by motion. Respectfully submitted, ~~ Tim Gross, P .E. Assistant City Engineer cc: file o CI) U .~ CI) en C) c 'en 'S; CI) Q; I- ... CI) ~ en ~ ftS - '2 ftS en 'ii c o 'en o .! "C e N ~ D.. C) 'Q; ... I U ftSlt)CI) Cl)C)o::: > ci 0 c:?Z'ii --0 CI) ~ 0 CI) ..... ~ e e I-D..D.. It) C) C) N ..; .... ('0. "C CI) "C ::J U (/) (/) C Q) Q) .; > > Q. E ftS en It) 0 'ii I"- It) - ..- N 0 cD ci l- N M fFt fFt !i: ~ ~ ~ 0 0 - 0 0 C 0 0 ftS It) It) ::J N N a !E' ..... m 0 It) ..- C) M '<t 1:: C) 0 0 ~ N fFt fFt - m 0 ~ CD '<t 0 C) M '<t '(j C) 0 0 'C N fFt fFt D.. m 0 - It) M 0 '2 C) M '<t ::) C) 0 0 N fFt fFt It) '<t ci m 0 0 0 Z m 0 CI) I I m N C ..- It) 0 m ~ .c I N M D.. ..- <0 <0 I"- CI) "E E ftS ~ a> Z Q) - "'0 c U 0 c ftS ~ Q) - LL. C c 0 0 0 0 0::: 0::: ... 0 - u l! - C 0 0 '- 0 Q) lU 3: :::;-Q) oW '- I ~.~ I> ..- N M'<t 'C Q. <C NOTICE OF AWARD - NOTICE TO PROCEED Contractor: Hydro-Vac Inc. 19740 Kenrick Ave Lakeville, MN 55044 952-469-5434 Project: Sanitary Sewer Televising Project 2005-2007 Farmington, MN Farmington Project No. 05-02 The City of Farmington (CITY) has considered the QUOTE submitted by you for the attached described WORK in response to its Request for Quotations. You are hereby notified that your QUOTE has been accepted for items in the amount of$26,175 or twenty-six thousand, one hundred and seventy-five dollars for 25,000 linear feet oftelevising per year. The contract price will be adjusted based on actual televised footage by $0.339 per linear foot in 2005, $0.349 per linear foot in 2006, and $0.359 per linear foot in 2007. Furthermore, you are hereby notified to commence working on Sanitary Sewer Televising Project 2005-2007. The completion date for each year's WORK is October 31 st of that year unless extended by the CITY. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the CITY and the ENGINEER from and against all claims, damages, losses and expenses resulting from the performance of the WORK. You are required to return an acknowledged copy of this NOTICE OF A W ARD- NOTICE TO PROCEED to the CITY, accompanied by proof of compliance with Minnesota's Workers' Compensation coverage requirements in the form of an ACCORD 25 insurance form, or a copy of the first couple pages of your current policy that would include the name of the insurer, the duration of the policy, and the level of coverage. Dated this 6th day of June 20 05 . City of Farmington (Signature) (By) Lee M. Mann, P.E. (Title) Director of Public Works/City Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD-NOTICE TO PROCEED is hereby acknowledged this the day of , 2005. Contractor (Signature) (By) (Title) /Oa- . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, councilmembers and City Administrator ~. FROM: Randy Distad, Parks and Recreation Director SUBJECT: Consider Request to Rename the Farmington Civic Arena DATE: June 6, 2005 INTRODUCTION A request has been made by Keith Kramer and other members of the community to rename the Farmington Civic Arena to the Schmitz-Maki Arena. DISCUSSION Keith Kramer and other members of the community attended the May 11, 2005 Park and Recreation Advisory Commission (PRAC) and requested that the Farmington Civic Arena be renamed the Schmitz-Maki Arena to honor two community members who were instrumental in starting and fostering the growth of ice hockey in Farmington. Mr. Kramer prepared and submitted a written request to the PRAC and a copy of his written request is attached as Exhibit A. During the discussion two issues raised by PRAC memb~rs were as follows: 1. If the Farmington Civic Arena was renamed to the Schmitz-Maki Arena would it make it difficult to demolish the existing ice facility later if a new ice facility were built? 2. If a new facility were built does that mean that the new facility should carry the name Schmitz-Maki Arena? Mr. Kramer and others who attended the meeting stated that renaming the existing ice facility would have no bearing on any future demolition of the existing facility nor would it mean that if a new facility were built that it would require that it be named the Schmitz-Maki Arena. They stated that if a new facility were to be built and named something other than the Schmitz-Maki Arena that both men would understand and that the honor had already been bestowed upon them by renaming the existing ice arena for all of the volunteer efforts and contributions that they had made to youth hockey and other youth athletic programs. The park/facility naming policy states that a facility can be named after someone if one or more of the following is met: 1. A long-time City employee, volunteer or supporter. 2. A citizen and/or family of the community. 3. An individual, family or organization supported the project financially. The policy also states that Park and Recreation facility names should be named carefully and with permanent intent. BUDGET IMPACT Should the City Council approve this request, one issue that needs to be resolved is who should pay for the cost of changing the ice arena sign. The City installed a new sign in front of the Civic Arena along Spruce Street at a cost of$2,100.00 in 2004. This issue should be discussed with Mr. Kramer and others who speak to the City Council on June 6th. ACTION REQUESTED The City Council should consider the PRAC's unanimous recommendation to rename the Farmington Civic Arena to the Schmitz-Maki Arena and if agreeing with the PRAC should first address who pays for the cost to replace the existing Farmington Civic Arena sign before it approves the name change. ~~l~ Randy DIstad Parks and Recreation Director cc: Park and Recreation Advisory Commission Members ~~ h~~~+ A Apri118, 2005 Randy Distad, Park and Recreation Director 325 Oak St Farmington, MN 55024 Dear Mr. Distad., As a follow-up to my editorial and our phone conversation, I am sending this letter in hopes of changing the name of the Farmington Hockey Arena to the Schmitz-Maki Arena in honor of Louie Schmitz and Al Maki. Louie was instrumental in starting hockey in Farmington in the 50's. He put in a lot of time and made many sacrifices to ensure that the program continued. As I stated in my editorial, he set up and dismantled the boards and kept them in proper condition, maintained the ice and made sure the rink was flooded, made sure we had equipment, was always at the warming house, coached us and traveled with us. With hockey outdoors in the early years, keeping the program going was a lot more difficult than it would be today. Al became head coach for the 1959-1960 season. With his background in hockey Farmington became a stronger and more recognized program. I strongly believe, along with others, that renaming the area is a way for this community to show its appreciation for everything these two did for hockey in Farmington. As you and I agreed to during our phone conversation, I will come before the Park and Recreation Board at 6 pm, May 11 th to officially make this proposal. Sincerely, ~~ Keith Kramer 651-796-2188 651-463-8372 lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Dakota County 2006 - 2010 CIP - City Requests DATE: June 6, 2005 INTRODUCTION Dakota County is in the process of preparing their 2006-2010 Capital Improvement Program (see the attached letter and schedule). City staff has previously met with the County to discuss potential projects to include in their draft CIP. DISCUSSION Pursuant to our meeting with Dakota County staff, the following projects are identified that the City would like included in Dakota County's 2006-2010 CIP: CR 64 (195th Street), from Autumn Glen to TH 3 - 2006 CR 64 (195th Street) from Autumn Glen to Trunk Highway 3 has been identified by the City and the County as an arterial east-west corridor in Farmington and through the County. Based on the timing of the development of the Seed/Genstar property, the roadway may be needed as early as 2006. The feasibility report for this project has been ordered by the City Council and is in process. CSAH 31, CSAH 50 to CSAH 74 - 2007 This project is included based on the development interest and master planning efforts south of CSAH 50 adjacent to the alignment of the southerly extension of CSAH 31. CSAH 74, Denmark to CSAH 31 - 2007 This project was not discussed at the meeting with Dakota County, however, since that meeting a developer for the southerly portion of the Spruce Street Master Plan area (adjacent to the westerly extension of CSAH 74 from Denmark) has contacted City staff and indicated the intent to develop. CSAH 50, Division Street to TH 3 - 2008 The preliminary engineering for this project is currently scheduled to be completed in 2005 with design engineering to be completed in 2006. The construction is currently scheduled in the County's CIP for 2008. Dakota County 2006 - 2010 CIP June 6, 2005 Page 2 19Sh Street, Flagstallto Cedar - 2009 This project is currently in the County's CIP for 2009 construction. Traffic Signals along Pilot Knob Road The County continues to monitor the intersections along Pilot Knob Road and program traffic signals as warrants are met. 20th Street - Cost Participation Policy The concept of the County participating in the construction costs of City streets that support or relieve parallel County Roads has been discussed with the County. The extension of 20Sth Street to TH 3 would provide a significant, positive impact on Elm Street (CSAH 50) from a traffic standpoint. Therefore, it is requested that the County adopt a policy based on this concept and program funding for the extension of20Sth street from its current easterly terminus to TH 3. BUDGET IMPACT It is currently the County's policy that the costs of the roadway improvements are split 55% County and 45% City. City financial participation in the projects identified is yet to be determined but would likely include a combination of funding mechanisms that would be identified in individual project feasibility reports. ACTION REQUESTED For information and discussion. Projects identified to be forwarded to Dakota County for consideration for inclusion in their 2006-2010 draft CIP. Respectfully Submitted, ~ fvL Yt1~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Brandt Richardson County Administrator Dakota County Administration Center 1590 Highway 55 Hastings. MN 55033-2372 651.438.4528 Fax 651.438. 4405 www.co.dakota.mn.us brandt.richardson@co.dakota.mn.us .,. U Printed on recycled paper with 30% post-consumer waste AN EQUAL OPPORTUNITY EMPLOYER ~~ March 31, 2005 Lee Mann, Director of Public Works/Engineer City of Farmington 325 Oak Street Farmington, MN 55024 Dear Lee: Dakota County is beginning the update ofour five-year Capital Improvement Program (CiP) and seeks your suggestions regarding new projects, changes or modifications in the County's 2006-2010 Capital Improvement Program. A copy of the 2005-2009 adopted CIP was sent to you in February. The 2005-2009 CIP is also available on-line at: http://www.co.dakota.mn.us/finance/pdf/C1PDakotaCountv2005-09.pdf, or by contacting Sandy Christensen at 651.438.4541. Please submit your comments to the following individuals by June 24,2005: Transportation (Road and Intermodal Projects) Park Projects Building Projects Holly Anderson 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 952.891.7090 hollv. anderson@co.dakota.mn.us Bruce Blair 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 952.891.7990 bruce. blair@co.dakota.mn.us Ken Harrington 1590 Highway 55 Hastings, MN 55033 651.438.4542 ken. harrinqtontWco. dakota. m n. liS The Transportation Department is also scheduling meetings with the city public works directors and township officials to discuss future transportation CIP projects. We will begin preparing the 2006-2010 CIP in June and anticipate having a draft CIP for your city or town board's formal review and comment by early September. At that time, we will seek a formal resolution from your governing board in support of those requests that have been included in the draft CIP. Thank you for your consideration. Sincerely. &AJ7t-- Brandt Richardson County Administrator /0 c." City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator \tff FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Resolutions and Ordinance- Hometown Addition Comprehensive Plan Amendment, Rezone, and Preliminary Plat DATE: June 6, 2005 INTRODUCTION The applicants, Kim Friedrich and Terry Mahoney of Hometown Inc., have submitted a Comprehensive Plan Amendment and Rezone request along with a proposed Preliminary Plat for their development project known as the Hometown Addition, located south of 209th Street and east ofTH 3 and the American Legion (Exhibit A). A Joint Resolution regarding the annexation of the property in question was approved by the Empire Town Board on May 10, 2005 and by the Farmington City Council on May 16, 2005. The Joint Resolution has been submitted to the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings (MBAU). Upon approval ofthe annexation by the MBAU, the property will be preliminarily zoned A-I. DISCUSSION Planning Commission Meetings At the Planning Commission meeting on May 10, 2005, the Commissioners recommended approval of the Hometown Addition Preliminary Plat (Exhibit B) contingent upon the following: a. The property is approved for annexation into the City of Farmington by the MBAU. b. MUSA is granted by the City and the Metropolitan Council upon annexation. c. A Comprehensive Plan Amendment is requested and approved by the City. d. A petition to rezone is submitted and approved by the City. Additionally, at the Planning Commission meeting on May 24, 2005, the Commissioners recommended approval of (a) the Comprehensive Plan Amendment from Non-Designated to LowlMedium Density Residential and (b) a rezoning of the property from A-I to R-2 contingent upon the following: a. The property is approved for annexation into the City of Farmington by the Municipal Boundary Adjustment Office. b. MUSA is granted by the City and the Metropolitan Council upon annexation. c. The Metropolitan Council approves the 2020 Comprehensive Plan Amendment application. Comprehensive Plan Amendment The applicants propose to develop 28 single-family lots and 2 outlots on a total of 7.64 acres with a density of 3.53 units/acre (Exhibit). Hometown Inc. has proposed a subdivision development with minimum lot sizes of 6,000 square feet and minimum lot widths of 60 feet. Therefore, Hometown Inc. requests a Comprehensive Plan Amendment from Non-Designated to LowlMedium Density Residential to meet the land use proposed for the property. Rezone Request Since the applicants propose a mInImUm lot size of 6,000 square feet, and the proposed Comprehensive Plan Amendment is LowlMedium Density Residential, the applicants request that the property be rezoned from A-I (upon approval by the MBAU) to R-2. Preliminary Plat The proposed 28 single-family lots range from 6,000 square feet to 7,650 square feet in area. Outlot A is proposed for a stormwater pond and Outlot B is a remnant piece of property that did not meet City requirements for lot size and width. Transportation As shown on the plat, the only immediate access into the proposed subdivision would be from 209th Street. However, the potential exists for future roadway connections to (or through) the property located to the south. The interior roadways are proposed with a 60-foot right-of-way and roadway width of 28 feet. The proposed roadways require a sidewalk or trail on one side of the street as per City standards. The proposed roadway length to the end of the southern cul-de- sac is approximately 660 feet, requiring a 60-foot variance from the City's maximum cul-de-sac length of600 feet. The Planning Commission approved the variance request on May 10,2005. Utilities Both water and sanitary sewer were constructed along the eastern border of the Hometown Inc. site in 2000 to service the Tamarack Ridge development to the north. The existing water and sanitary sewer lines are located within an existing 42-foot wide utility easement on the east side of the Hometown Inc. concept plan. Utilities for the proposed Hometown development would connect to these existing utilities. A storm water pond is also required for the Hometown Inc. development. The applicants have proposed a pond on the west side ofthe development that will outlet to the Prairie Waterway to the east. The Engineering Division has reviewed the concept plan and has provided a number of comments to the applicants concerning engineering requirements on the plan. Park and Trail Requirements Randy Distad, the Parks & Recreation Director has provided comments (Exhibit C) from the Parks & Recreation Commission (P ARAC) concerning the plat. P ARAC recommends that a trail be located on the east side of Street A and a sidewalk be located on the north side of Street B. The Developer has agreed with these locations. Because of the close proximity of Tamarack Park to the north of this plat and the small size of the development, P ARAC has recommended that the City take cash-in-lieu of park property from the applicant. Engineering Engineering has recommended approval of the Hometown Addition Preliminary Plat contingent upon the satisfaction of any engineering requirements. ACTION REQUESTED Approve the Comprehensive Plan Amendment from Non-Designated to LowlMedium Density Residential, rezone the property from A-I to R-2, and approve the attached resolution for the Hometown Addition Preliminary Plat contingent upon the following: 1. The property is approved for annexation into the City of Farmington by the Municipal Boundary Adjustment Office. 2. MUSA is granted by the City and the Metropolitan Council upon annexation. 3. The Metropolitan Council approves the 2020 Comprehensive Plan Amendment application. Respectfully submitted, ~~ Lee Smick, AICP City Planner cc: Hometown Inc. 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Ii ,I " 1~ ~!!!! < < ~ ~ ~ ~ ~ III ~ .~ - ~b$Q). di I U rr en o '" H.LlION ~ I bl City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us DH/crr C - TO: Farmington Planning Commission FROM: Randy Distad, Parks and Recreation Director RE: Comments on Hometown Addition Preliminary Plat DATE: May 2, 2005 INTRODUCTION A Preliminary Plat has been submitted for the Hometown Addition. DISCUSSION The Park and Recreation Advisory Commission held a special meeting on Wednesday, April 27, 2005 to allow the developer an opportunity to address the trail location that the PRAC was recommending. After some discussion with the developer, the PRAC unanimously approved recommending to the Planning Commission that the trail be constructed in the location as identified in Exhibit A. The reason for the recommended trail location is to reduce the number of times that a resident has to cross a street to access Tamarack Park to the north of this development. The PRAC also is recommending that the sidewalk be constructed in the same location as what was proposed by the developer and is shown in Exhibit A. Since this is a small development, it is being recommended that cash in lieu ofland be accepted from the developer to satisfy the park dedication requirements. There was also discussion at the PRAC meeting about the Preliminary Plat showing a trail easement on top of a drainage easement located in the south portion of what is currently a cemetery and is outside the area of this development. At the PRAC meeting, the developer was requested to research whether or not the trail easement had been acquired. If the trail easement was acquired then the City would ask the developer to construct the trail out to the Prairie Waterway where it would connect to a future trail that could be built north starting from the Bristol Square Development to the point where the Hometown Addition trail would be constructed on the easement to the Prairie Waterway. The City would credit this cost against the park fees owed by the developer. ACTION REQUESTED The PRAC is recommending to the Planning Commission that it require the Hometown Addition developer to construct an 8 foot wide trail in the locations shown in Exhibit A. ~~~ct fully 1mJ. mitted '.} ~ . /" f 7'(~ - Randy Distad Parks and Recreation Director cc: Park and Recreation Advisory Commission Members ~ o h f--...j Q Q ~ ~ o h ~ o ~ E-; ~ ~ Cl, :>-, ~ ~ ~ f--...j ~ ~ ~ Q, ~ + ~ .-----S: w z ~ ~ 0-; ~ l:j ~ i . ~ n il "~'; .........., ~ > z <( ;~ ~~~ .--r-l OJ .~ ~~ ~g ~~. --l.j 8 li"'~~ ~ei ~" ~!~ U I ~.~~ 5~ ~~ <~~ ~ ~~r ~2 ~< hi lfJ.~~~ ~~.> ~ ~ ~ J-.l :5 e Z Q ~ ~ AA",@ro ~ ~. 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'\ ::;::,,,::"= ^, i ">'1..01 .. ...- ., \ \. I ~ II (I I"l. I 1"-' AI r,\'-1 / \ ~\ ~. '------ "'-\ - :\ ..- /\ / , -- , ,-- // "~ ~ '3 ~ ~ Z F 13 t .~:~) II ------ iQiJ~ :--', I i~ " -', I . \1 'i --;-------, V ---/----------~- . ) 't) "" ------/Q;J~ /1----- " I ) "~I ,/ 1/ ' 8 a .I' I i ,I I ' . , I ( \ / \ / ..-..-..----.---.., .- II c '" '+:' <::. u s- ~ ~ ., '3 -i'; :~ "'" "--, p:- I s: ~ ( ~ --:J '-::j " ----..J -\ ~ ~ '" .J '" Ll .:4:- "' .~ ~ CD ~ r<'> ~ ~ ~ ~ C) ----. ..:;:: ::'1 .::d. '-.J _ C) :0 -] ~~ -+- 'Vj <:;..,- ---= ~ '-l> :2Q v J:: ~ ,~ <;: ~ o ~ '.> c::, ~'-S ~ ,j <t:'0 ~~ ('" RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN FOR THE HOMETOWN ADDITION PROPERTY LOCATED SOUTH OF 209TH STREET Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of June, 2005 at 7 :00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the City has received a request for a Comprehensive Land Use amendment for the Hometown Addition property, located south of 209th Street within the City of Farmington, and that said request proposes that the land use designation be changed from Non-Designated to Low/Medium Density Residential; and WHEREAS, the Planning Commission held a public hearing on the 24th day of May, 2005 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the Hometown Addition property, located south of 209th Street within the City of Farmington, said amendment changing the land use designation from Non-Designated to Low/Medium Density Residential; NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the 2020 Comprehensive Plan for the Hometown Addition property, located south of 209th Street within the City of Farmington, to change the land use designation from Non-Designated to Low/Medium Density Residential contingent, upon the following: 1. The propertY is approved for annexation into the City of Farmington by the Municipal Boundary Adjustment Office. 2. MUSA is granted by the City and the Metropolitan Council upon annexation. 3. The Metropolitan Council approves the 2020 Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June, 2005. Mayor Attested to the _ day of June, 2005. City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning the property known as Hometown Addition. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the property legally described on the attached Exhibit A from A-I (Agriculture) to R-2 (Low/Medium Density Residential). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5- 1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this _ day of ,2005, by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of , 2005. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2005. Exhibit A PARCEL 1-DROSTPROPERTY: PID #14-02900-050-56 The East 80 feet of the North 190 feet of the West 739.20 feet of the South 665 feet of the South Half of the Southwest Quarter of Section 29, Township 114, Range 19, Dakota County, Minnesota AND PARCEL 2-FRANDRUP PROPERTY: PID #12-02900-020-58 That part of the South Half of the Southwest Quarter of Section 29, Township 114, Range 19, Dakota County, Minnesota described as follows: Commencing, for the purpose of reaching the point of beginning, at the intersection of the south line of said South Half of the Southwest Quarter and the east line of the west 605 feet of said South Half of the Southwest Quarter, said point hereinafter referred to as point A; thence north along said east line 216 feet to the north line of the south 216 feet of said South Half of the Southwest Quarter; thence west along said north line 225 feet to the east line of the west 380 feet of the South Half of the Southwest Quarter; thence north along said east line 259.01 feet to the south line of the north 190 feet of the south 665 feet of the South Half of the Southwest Quarter; thence east along said south line 502.65 feet to the point of beginning of the land to be described; thence south to the intersection with the south line of said South Half of the Southwest Quarter at a point 278.04 feet east of point A; thence east along said south line to the west line of the east 699.6 feet of the west 1,828.3 feet of said South Half of the Southwest Quarter; thence north along said west line to the intersection with Line A, described below; thence west, along Line A to the east line of the west 1,062.7 feet of the South Half of the Southwest Quarter; thence south along said east line to its intersection with the south line of the north 190 feet of the south 665 feet of said South Half of the Southwest Quarter; thence west along said south line to the point of beginning. Line A: Commencing at the Southwest comer of Section 29, Township 114, range 19; thence north along and parallel with the Section line 665 feet; thence east and parallel with the Section line 1,828.3 feet and there terminating. PID # 14-02900-020-56 The east 80 feet of the north 190 feet of the west 1,062.7 feet of the south 665 of the Southwest Quarter of Section 29, Township 114, Range 19, Dakota County, Minnesota, according to the government survey thereof. AND PARCEL 3-AMERICAN LEGION/BORMANN PROPERTY: PID #12-02900-010-58 Commencing at the Southwest corner of Section 29, Township 114, Range 19, West of the Fifth Principal Meridian, thence North along and parallel with Section line 665 feet, thence East and parallel with Section line 1828.3 feet, thence South and parallel with Section line 554 feet to the Chicago, Milwaukee, and St. Paul Right of Way, thence Westerly along said right of way to the intersection of the Section line along the South side of said Section 29, thence West and parallel with Section line to the place of beginning and containing 27.50 acres, more or less, all in the South Half (S l/2) of the Southwest Quarter (SWl/4) of Section 29, Township 114, Range 19 West of the Fifth Principal Meridian, according to the Government Survey thereof, EXCEPTING THEREFROM the East 699.6 feet of the North 190 feet of the West 1828.3 feet thereof; and also excepting therefrom the East 310 feet of the West 1062.7 feet of the North 190 feet thereof; and also excepting the East 80.0 feet of the North 190.0 feet of the West 739.2 feet of the South 665.0 feet of the South half of the Southwest quarter (S 'li of SW Y4) of Section 29, Township 114, Range 19, according to the Government Survey thereof, also excepting the East 96.2 feet of the West 449.2 feet of the North 190 feet thereof; ALSO EXCEPTING THEREFROM the West 353 feet of the North 155 feet of the South 665 feet thereof; ALSO EXCEPTING THEREFROM the West 605 feet of the South 216 feet of the Southwest Quarter (SW Y4) all in Section 29, Township 114, Range 19, according to the Government Survey thereof. ALSO EXCEPTHING THEREFROM the East 80.0 feet of the North 190.0 feet of the West 529.2 feet of the South 665.0 feet of the South half of the Southwest Quarter (S Y2 of SW Y4), AND ALSO EXCEPTING THEREFROM the East 60.0 feet of the North 190.0 feet of the West 589.2 feet of the South 665.0 feet of the South half of the Southwest Quarter (S Y2 ofSW Y4), Section 29, Township 114, Range 19, according to the Government Survey thereof. ALSO EXCEPTING THEREFROM the East 699.6 feet of the West 1828.3 feet of the South 475 feet of that part of the S Y2 of the SW Y4lying Northerly of the right of way line of the Chicago, Milwaukee and S1. Paul Railroad in Section 29, Township 114 North, Range 19 West, Dakota County, Minnesota. ALSO EXCEPTING THEREFROM part of the Southwest Quarter (S W ]/.t) of Section 29, Township 114 North, Range 19 West, Dakota County, Minnesota described as follows: Beginning at the intersection of the West line of the said Southwest Quarter with the North line of the South 356 feet of said Southwest Quarter; thence North along the West line of the said Southwest Quarter 154 feet; thence East, parallel with the South line of the said Southwest Quarter 353 feet; thence South, parallel with the West line of the said Southwest Quarter 35 feet; thence East, parallel with the South line of the said Southwest Quarter 27 feet; thence South, parallel with the West line of the said Southwest Quarter 119 feet, more or less, to the North line of the South 356 feet of said Southwest Quarter; thence West, along said North line of the South 356 feet, a distance of380 feet to the point of beginning. ALSO EXCEPTING the West 380 feet of the North 140 feet of the South 356 feet of the Southwest Quarter (SW Y4) of Section 29, Township 114, Range 19. ALL IN the County of Dakota, State of Minnesota. RESOLUTION NO. APPROVING PRELIMINARY PLAT HOMETOWN ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of June, 2005 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the preliminary plat of HometownAddition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat on April 12, 2005 and recommended for approval on May 10, 2005 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the preliminary plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary plat be approved with the following stipulations: 1. The property is approved for annexation into the City of Farmington by the Municipal Boundary Adjustment Office. 2. MUSA is granted by the City and the Metropolitan Council upon annexation. 3. Subject to Metropolitan Council approval of the 2020 Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June, 2005. Mayor Attested to the _ day of June, 2005. City Administrator /I~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ltf~ TO: Mayor, Council Members, City Administrator FROM: Lee Smick, AICP City Planner SUBJECT: Review/Approve Final AUAR and Mitigation Plan for Farmington Giles/Murphy Property DATE: June 6, 2005 INTRODUCTION The Final AUAR [Alternative Urban Areawide Review] and Mitigation Plan for the Giles/Murphy property is being presented to the City Council for its review and approval. DISCUSSION The order for an environmental review of the Giles/Murphy area was approved by the City Council on December 6,2004. The property encompasses approximately 350 acres (east of Akin Road, south of the future alignment of 195th Street, west of Highway 3, and north of the future alignment of 20gth Street). These properties include the Giles Development parcels (Ql, Q2 and g on the attached MUSA map - Exhibit A). Property g was recently approved for annexation into the City of Farmington on November 10, 2004. A draft of the AUAR and Mitigation Plan was approved by the City Council on March 21,2005 and the 30-day comment period for agencies to review the plan commenced on that date. The Giles/Murphy AUAR Responses to Comments were accepted by the City Council on May 16,2005. The Final AUAR and Mitigation Plan recently underwent a 10-day period to allow agencies to comment on the City of Farmington's Responses to Comments. No comments were received, therefore, the AUAR (which includes the Mitigation Plan) is ready for acceptance by the City Council. RECOMMENDED ACTION 1. Review Final AUAR and Mitigation Plan for the Giles/Murphy Property. 2. Ask questions (if any) and/or seek clarifications (if needed). 3. Adopt motion approving the Final AUAR and Mitigation Plan. Respectfully Submitted, d-C..? S 1'2.-. ~..~- Lee Smick, AICP City Planner cc: Tim Giles, Giles Properties, Inc. Sherri Buss, Bonestroo Rosene Anderlik & Associates ;;X!lI~(T 4 MUSA Allocation Adopted on November 15, 2004 I:::J Existing MUSA I:::J MUSA Approved in 2004 c::J MUSA Approved Contingent upon Annexation I:::J MUSA Allocated in 2006 .. MUSA Allocated in 2009 .. MUSA Allocated in 2012 ...... MUSA Allocated upon Removal from Ag Preserve - ...... School Use Only c::J MUSA Allocated upon Plat Approval .. Not Recommended for MUSA at this time. c:::::J MUSA Approved (Orderly Annexation Area) I:::J I'IJ Preserve until 2012 - MUSA not Rec. at this time c::J fJoJ;J Preserve until 2013 - MUSA not Rec. at his time ...... N ......I'IJ Preserve - No current expiration date w ~ E - - Future 195th Street Extension T Detailed Viewof#14 14 Mock 7 El11Jey 10 Garvey Tollefson -- Future 208th Street Extension o s 0.5 Mi les 0.5 RESOLUTION NO. APPROVING FINAL AUAR AND MITIGATION PLAN FARMINGTON GILES/MURPHY AREA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of June, 2005 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the current land uses in the Giles/Murphy Area depicted on the map attached hereto as Exhibit A are predominately agricultural, and; WHEREAS, the City anticipates future development to evolve over the next 10 years in the Giles/Murphy Area, as reflected in the 2020 Land Use Map in the City's adopted 2020 Comprehensive Plan for the area, consisting of residential uses; and WHEREAS, because of the scale of future development and the sensitive environmental resources in the Giles/Murphy Area, the City determined that it was most appropriate to plan for the area under the provisions of the Alternative Urban Areawide Review (AUAR) process as described in Section 4410.3610 of the EQB Rules; and WHEREAS, the City approved an order for an environmental review of the Giles/Murphy Area on December 6,2004; and WHEREAS, the City approved a draft of the AUAR and Mitigation Plan for the Giles/Murphy Area on March 21,2005; and WHEREAS, the City approved the Giles/Murphy Area AUAR Responses to Comments on May 16,2005; NOW, THEREFORE, BE IT RESOLVED that the Farmington City Council hereby approves the Final AUAR and Mitigation Plan for the Giles/Murphy Area consistent with the intents and purposes of the Rules of the Minnesota Environmental Quality Board under the provisions for Alternative Urban Areawide Review (AUAR). The following conditions shall govern this review: 1. The specific boundaries of the Giles/Murphy Area reviewed under the AUAR are depicted on the map attached hereto as Exhibit A. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June, 2005. Mayor Attested to the _ day of June, 2005. City Administrator Exhibit A 'i.-;Wh- ~N~h \\ ~ &1111 ~ ~'IL!~ I.-V , \ L:JiDD ;/ II I \\ c ::;. "" \\1 195th St lM#m " "- ~~ ~ 17. r~ ~. H ~ '::) ~I I ~ C") 11111111 1111 1\ , III, V I ~ III c:A C I- 11\ ~ "-l ( r - \ hI\ r: IJ L III, .'\..' 1 h - .~C~ F ~ ~~. ~ kl ~~ 11 A It: jJ..(\ ~ It. 'I, ~i ~T 1/ rr# IY ~~ .- 1111 -rtmH- ..y ) I r 21/ lUll \ //^ ~ /~ \\ I~v '-<.( ~ r g )1 ~ \. ~ ~ EffilffiB D" ~ wi -~ p.rwnn 111111 I - -,1 d-- - - - ~ - - ~ tmm ~ rrffi ~ om lri~ - TTl -l CSAH 50 L -1 <~ 1I1~ ~'I ffim mBHrJ ItJ ffitB , ~B fl ~" {- . ftlii IS III ~ ffiffi rml ffiIEJ ~ I ~i. ~ f1j 6 III iiHIH!!EJ ~~ga ~ l e ~~~~IIH!lHJJ ~~~~ L:~ ~~I'ill DDng DDDU hJllllllllIUU 111111 l'-t:WE ~ rnW ~lmDJ~ ~. I~q. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~r TO: Mayor, Council Members, City Administrator FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Ordinance and Resolution - Mystic Meadows 1 st Addition Rezone, Preliminary and Final Plat DATE: June 6, 2005 INTRODUCTION Giles Properties, Inc. ["GPI"] owns, or has entered into a written agreement to purchase, the properties identified as Property Ql and Property 8 on the attached MUSA map (Exhibit A). GPI has proposed to rezone the northerly 185 acres of the property in question from A-I to R-l and R-3 and proposes to plat 243 single-family lots and 40 multi-family units on 152.70 acres within the Mystic Meadows 1 st Addition Preliminary and Final Plat. DISCUSSION Background On March 21, 2005, the City Council approved an amendment of the 2020 Comprehensive Plan for the northerly portion of the properties identified as Property Ql and Property 8 on the attached MUSA map (Exhibit A). The City Council approved an amendment for Property Ql that changed the Comprehensive Plan designation from Restricted Development and Undesignated to Low Density Residential. The City Council also approved an amendment for Property 8 that changed the Comprehensive Plan designation from Undesignated to Low and Medium Density Residential. Property Ql consists of 91.70 acres. Property 8 consists of93.30 acres. The combined total is 185 acres. Rezonine: Request GPI is seeking a rezoning of the property so that the zoning is consistent with the recent Comprehensive Plan amendments. GPI has proposed to rezone Property Ql from A-I to R-l, and to rezone Property 8 from A-I to R-l and R-3. GPI has proposed R-l standards with 75-foot wide lots and a minimum lot size of 10,000 square feet. The R-3 zone will meet the standard requirements regarding 100-foot wide lots and a minimum lot area of 15,000 square feet. Proposed Preliminary & Final Plat GPI is currently proposing 243 single-family lots and 40 multi-family units on 152.70 acres within the Mystic Meadows 1 st Addition (Exhibit B). The net density of the plat is 2.34 dulac. The following is the outlot configuration included on the plat: Outlot A OutlotB Outlot C Outlot D Outlot E Outlot F Outlot G Outlot H Outlot I Outlot J Townhomes ROW Floodplain 4.39 acres 0.14 acres 1.25 acres 24.56 acres 5.98 acres 10.56 acres 3.29 acres 0.04 acres 0.19 acres 0.62 acres 8.69 acres 30.69 acres Pond Future Development Pond Pond Pond Pond PondIFloodplain Mitigation Future Development Future Roadway Floodplain Development The North Creek floodplain currently encroaches onto the easterly side of the plat (Exhibit C). The developers have addressed the encroachment in two ways. One is to mitigate the floodplain storage at the northeast comer of the plat, east of the proposed townhome location. Secondly, because 2 lots could not be mitigated for since the floodplain depth in that location was above the I-foot requirement for mitigation, the developers eliminated the two lots and have identified the area in question as Outlot J on the plat. Transportation Minor revisions to the transportation plan were required because of the encroachment of the floodplain on the east side of the plat. The private road in the townhome development was looped since Denali Way will no longer be provided as a stub street to the east. Because ofthe floodplain, Denali Way was deleted as a potential east-west roadway as shown near Outlot J. The remaining roadways were not impacted by the floodplain, and are discussed in the paragraph below. All streets with the exception of Diamond Path Road, Deerbrooke Path and the private street in the townhome development (Dawson Road) are proposed to be constructed at 32 feet in width with a 60-foot right-of-way. Diamond Path Road is proposed at varying widths of 52 or 64 feet within a 120-foot right- of-way. An existing 50-foot power line easement lies directly to the west of Diamond Path Road. The developer will construct the east two lanes of Diamond Path with this project. The west two lanes will be constructed in the future. The construction of the west two lanes is dependent upon traffic impact needs. The AUAR states that these needs might not arise until after 2015. Deerbrooke Path is a minor collector and is proposed at 38 feet in width within a 70-foot right-of-way. The private street in the townhome development is proposed at 28 feet in width; however, the roadway does not meet the City's standards for a 28- foot wide roadway because the developer does not propose to construct a sidewalk on one side of the street. At the May 24, 2005 meeting, the Planning Commission did not require a sidewalk on one side since the development will consist of driveways every 3 to 5 feet. The Planning Commission approved a variance request of 125 feet for the cul-de-sac length for Desmond Court due to the City's spacing standards of 1000 feet for intersections onto collector streets (Diamond Path Road). If Desmond Court were required to connect with Diamond Path Road, the street would not meet the City's spacing requirements for intersections onto collector streets. Parks & Trails At the May 24, 2005 meeting, the Planning Commission recommended that the developer and the Parks & Recreation Director meet to finalize the trail and sidewalk locations within the plat. They both met on May 25,2005 and Randy Distad has attached a memo (Exhibit D) discussing the outcome of the meeting, and some later developments. As of June 2, 2005, the Developer's Engineer will be revising the trail plan to show 10-foot wide trails along Diamond Path Road, 195th Street, the area surrounding the wetland in the southern portion of the development, and along the North Creek Greenway. All trails in boulevards will be 8 feet in width. Landscape Plan The Landscape Plan is attached (Exhibit E). The plan meets the boulevard street tree requirements per the City Code. The developer also proposes the screening of Diamond Path through the installation of evergreen trees. As required in Section 10-6-10 (D) subd. 10 in the Landscape Ordinance, double frontage lots adjacent to a collector require increased screening. Exhibit E-7 shows a detailed planting plan for evergreen trees along Diamond Path Road, however, additional landscaping will be required to acquire the 100% screen as described in the following code language: 10. Screening Of Double Frontage Lots Adjacent To Collector And Minor Arterial Roadways: All subdivided land, included in all districts, which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional twenty feet (20') from the edge ofthe right of way line towards the property in order to allow space for buffering/screening along the back lot line. The developer shall be required to install the screening and this area may be screened by either a six foot (6') high wood fence with landscaping located between the fence and the property line, a berm with landscaping, a hedgerow, or an opaque landscaped screen. The plantings should be installed in order to provide one hundred percent (100%) screening of rear buildings from the collector or minor arterial street. Since Diamond Path will be considered a collector road, staff requires that the developer submit detailed landscape plans meeting the above requirements. The plans will be reviewed by staff. Eneineerine Comments The Engineering Division has recommended approval of the Mystic Meadows 1st Addition Preliminary and Final Plat contingent upon the satisfaction of any engineering requirements. Giles/Murphv Final AUAR - Responses to Comments and Final Mitieation Plan On May 16, 2005, the City Council approved the distribution of the Giles/Murphy Final AUAR - Responses to Comments and Final Mitigation Plan to the reviewing agencies. The agencies have 10-days to raise "substantial" comments to staff concerning the AUAR. Ifno "substantial" comments are received within that period. The City Council is therefore expected to approve the Giles/Murphy Final AUAR at its June 6, 2005 meeting. As stated in previous meetings, under the AUAR guidelines, no formal action may take place on a project (rezone or plat) until the Final AUAR is approved by the City Council. However, on May 24, 2005, the Planning Commission recommended approval of the rezoning and plat, contingent upon final approval of the AUAR, with the express understanding that if the AUAR gets changed in some way that creates an actual or potential inconsistency with any of the recommended approvals, the contingency would be considered NOT satisfied and a reconsideration and/or revision of the plat(s), rezoning, etc. would then be required. ACTION REQUESTED The actions below are contingent upon the following: 1. The City Council approves the Giles/Murphy Final AUAR - Responses to Comments and Final Mitigation Plan on June 6, 2005 as the document was presented at the May 16, 2005 City Council meeting. Actions a) Adopt a Resolution approving the rezoning of the property from A-I (Agriculture) to R-l (Low Density Residential). b) Adopt a Resolution approving the Mystic Meadows 1 st Addition Preliminary & Final Plat contingent upon the satisfaction of any engineering and planning requirements, including the submission oflandscape plans. c) Developer submits revised trail plan showing lO-foot wide trails along Diamond Path Road, 195th Street, the area surrounding the wetland in the southern portion of the development, and along the North Creek Greenway. All trails in boulevards need to be shown at 8 feet in width. Respectfully Submitted, ) Lee Smick, AICP City Planner cc: Giles Properties, Inc. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning the property known as Mystic Meadows 1st Addition. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the property legally described on the attached Exhibit A from A-I (Agriculture) to R-l (Low Density Residential) and R-3 (Medium Residential). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5- 1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this _ day of ,2005, by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of ,2005. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2005. Exhibit A The Southwest quarter of Section 19, Township 114 North, Range 19 West ofthe 5th, P.M., Dakota County Minnesota. RESOLUTION NO. APPROVING PRELIMINARY AND FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT MYSTIe MEADOWS 1sT ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of June, 2005 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the preliminary and fmal plat of Mystic Meadows 1st Addition is now before the Council for review and approval; and WHEREAS, a public hearing on the proposed preliminary plat was held before the Planning Commission on April 12, 2005 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, on May 24, 2005 the Planning Commission recommended approval of the preliminary plat; and WHEREAS, the City Council has reviewed the preliminary and final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal services. NOW, THEREFORE, BE IT RESOLVED that the above fmal plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: 1. The City Council approves the Giles/Murphy Final AUAR - Responses to Comments and Final Mitigation Plan on June 6, 2005 as the document was presented at the May 16, 2005 City Council meeting. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of June, 2005. Mayor Attested to the _ day of June, 2005. City Administrator eX'lI/o// A . MUSA Allocation Adopted on November 15, 2004 E::I Existing MUSA E::I MUSA Approved in 2004 E::I MUSA Approved Contingent upon Annexation c::I MUSA Allocated in 2006 .. MUSA Allocated in 2009 ~ MUSA Allocated in 2012 ..... MUSA Allocated upon Removal from Ag Preserve - ..... School Use Only c:::a MUSA Allocated upon Plat Approval .. Not Recommended for MUSA at this time. 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'" ~ ~-< (J)(J) -1-1 ~ 0 ~)> ~O~ ... 0 I"'T"1 E I. I -1)> -0 00 Z~ (J) I ~ -.l~ e ~ :"-t;:; :",:",(1) ~~~ ~~(I>-tgg:~~~~~ ~t! i~8~~~~~~~g~~ ~~~ ete ~"l'"lR~~"l~lR"l~"l~ 10 g ~I I ~ ~ !i' ! :~~gte:~;;~c~E OIDN_",Cl(l>IIlOlUl...OOC>O ~~~~~~n~~~~~ I hereb,'Y certify thot this Plonf,f' prepared by me or un~ t 5UplInIlSkln ond thot I I Licensed Prr.fe.. under the lows of there~ InneeotO. ;..0 ~, ~ Brondon S. Anderson ~Re9.No.~ 0\. OLSSON ASSOCIATES ENCIIHiEItS . P1.ANNEIlS. SQEII11STS . SUIltVEYOItS ____._...___.~.._.,._M_ -.-.-.-.-.- - City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us EXIIITj/1 V-I TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad; Parks and Recreation Director SUBJECT: Mystic Meadow Preliminary and Final Plat Park, Trail and Sidewalk Locations DATE: June 6, 2005 BACKGROUND A public hearing was held on the Mystic Meadows Preliminary Plat at the May 10, 2005 Planning Commission meeting. The public hearing was continued to a special meeting of the Planning Commission on May 24,2005. The developer requested at the Planning Commission's May 24th special meeting that both the Preliminary and Final Plat be approved. DISCUSSION The Park and Recreation Advisory Commission (PRAC) had previously identified a trail being constructed around the perimeter of the large pond being created in the Mystic Meadows development. However the developer opposed a trail around the large pond from the beginning. At its regular meeting on Wednesday, May 11,2005 the PRAC further discussed the trail locations on the Mystic Meadows Preliminary Plat based on the comments that were received at the Planning Commission's public hearing on May 10,2005. The PRAC members were willing to make several revisions to trail locations on the preliminary plat. Exhibit A identifies the trail and sidewalk locations that the PRAC recommended to the Planning Commission for its May 24, 2005 special meeting. In Exhibit A the number of lots that back up to the pond without a trail behind them was increased to 43 lots and the number of lots that back up to the pond with a trail behind them was decreased to 35 lots. However, the trail locations that the PRAC recommended to the Planning Commission were not the same as was submitted by the developer on its Preliminary and Final Plat shown in Exhibit B. When the Planning Commission approved the Preliminary and Final Plat for the Mystic Meadows development, the motion did include language that provided direction to have staff and the PRAC work through the differences with the developer on the trail and sidewalk locations. On May 25,2005, staff from the Parks and Recreation Department and Community Development Department and the Chair of the PRAC met with the developer to try and reach a compromise on the location of trails and sidewalks. As a result of this meeting Exhibit C was produced. However due to timing, the PRAC was not able to meet prior to the June 6th City Council meeting to formally review and either approve or not approve the revised trail and sidewalk locations. Staff did request that each PRAC member individually review Exhibit C and asked for individual comments to be provided to staff on the trail and sidewalk locations shown in Exhibit C. Exhibit D is attached that contains the written comments received by staff from individual PRAC members. It appears that there are a few PRAC members who have some concerns about the trail and sidewalk locations. 77-1- It is being recommended by the PRAC to not require any land to be dedicated for parks in this development. Instead, cash in lieu of land would be taken. Then in the next phase of development, the developer will be required to dedicate land for a park that is projected to be used to develop an adult sports complex that could include fields for softball, touch football and potentially soccer. BUDGET IMPACT While there has been a concern raised previously about having too many trails constructed in the development and the cost to build and maintain these trails, it appears that some of the trails identified on the revised Preliminary and Final Plat will not be built with this development. The trails shown on the south side of 195th Street will not be constructed until the south two lanes are built at a later date by Dakota County. It also appears that the trail on the west side of Diamond Path Road will be built when the street is constructed as the developer is only planning on constructing the east two lanes of Diamond Path Road with this development. However, the developer has agreed that a trail should be constructed that connects a trail coming from the Parkview Ponds development north to the 198th Street West and Diamond Path Road intersection. While no decision has been made yet by Dakota County, it has been suggested that Diamond Path Road could become part of Dakota County's highway system at a later date and if it did become a county highway, then the two west lanes would be built by Dakota County. Keep in mind that when both 195th Street and Diamond Path Road are widened at a later date to four lanes by Dakota County (assuming that Diamond Path Road becomes a County road), then the City will share in this cost with Dakota County paying 55% ofthe cost and the City paying 45% of the cost. ACTION REQUESTED The PRAC seems divided and was not able to meet and make any formal recommendation to the City Council regarding Exhibit C. It appears that the City Council has the following options to consider before approving the Mystic Meadows Preliminary and Final Plat: 1. Postpone the approval of the Preliminary and Final Plat for Mystic Meadows until its June 20th meeting to allow the PRAC to meet and discuss Exhibit C at its June 8th meeting so that the PRAC can make a formal recommendation to the City Council regarding the trail and sidewalk locations. 2. Make further revisions to the Mystic Meadow Preliminary and Final Plat based on the informal individual comments received from PRAC members about the revised trail and sidewalk locations shown in Exhibit C. 3. Approve the Mystic Meadows Preliminary and Final Plat with the trail and sidewalk locations shown in Exhibit C. It would be staff s recommendation for the City Council to approve the trail and sidewalk locations shown in Exhibit C. ~;11;;jJ Randy Distad, Parks and Recreation Director cc: Park and Recreation Advisory Commission Members -.- 'oa:Jll/'ll___~ Ylct . 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'0' I' ,. a ill: uf>'-~""I~n!l-KX~~ Ill.Dldpool.l'lOa.(J'llJON .,-B-1'/N;J-l,QtCl-::N3 l""::l-~j J$V!iLCl9l asoq :Sj3~X wdcl:<; <;OO~ '9l .(DI'I 11."-0 6"P.llii-l<;lO'i\.a'mln~':""'lS\6"P\lD"'..J\L>t>Id!>uDl\l<;l0500Z\'lJalDjd\:j ~a Randy Distad fJ~t ~~.t i) rom: lent: To: Subject: Randy. Oswald@seagate.com Tuesday, May 31,200512:59 PM Randy Distad Fw: Mystic Meadows - Giles Properties Importance: High jj TEXT.htm (7 KB) "JOHNSON, DAWN" <DJOHNS02@Fairvie w.org> No Phone Info Available To <Randy.Oswald@seagate.com> cc OS/27/2005 03:32 PM Subject Re: FW: Mystic Meadows - Giles Properties Randy, I guess the recent changes were made at the last special meeting? It appears that this developer is quite persistant. ..and my question has to do with why this plan is being altered after we as a group have previously submitted our recommendations regarding the trail going around the pond? I am not comfortable with this plan as it is now changed. Dawn Johnson Randy Distad ~~~,~~t D rom: ient: To: Subject: Robin Hanson [rrhanson@frontiernet.net] Wednesday, June 01, 2005 8:29 AM Randy Distad RE: Mystic Meadows - Giles Properties Randy, Thank you to both you and Randy Oswald for working with the developer on the most recently revised trail plan for Mystic Meadows. I have two comments regarding the revised plan emailed to us. My first concern involves the residences on the west side of Outlot E. I feel strongly there should be a sidewalk on the east side of Denali Way so that those families can safely and easily travel along this road. I realize there is a trail behind the homes on the west side of Denali Way. The most direct way (generally the way social paths are created) to get to that trail is to cut across the lawn. I do not believe the homeowners on the west side of Denali Way would appreciate families cutting across their lots. Therefore, I would like to see a sidewalk installed along the east side of Denali Way. The other concern I have is of a more general nature, but I believe needs to be addressed now. If it isn't addressed now, I believe homeowner's will approach the City Council later indicating they received contradictory information at the time they purchased their homes. As I have listened to City Staff and the developer talk about the "enclosed water body" in Outlot D the information does not seem to be consistent. Both the developer and the City have indicated this is a public body of water. However, ~ity Staff has indicated it is a storm water pond that will be maintained by the City and as such is not available for recreational uses. Meaning the water is not available for canoeing, kayaking, fishing, etc. When the developer's representative talks about the "enclosed water body" in Outlot D it seems that while it is not labeled a private lake, the fact this it is a public pond/lake maintained by the City does not seemed to be highlighted. I also believe he has indicated the "lake lots" will be marketed as being able to have small watercraft access--canoes, kayaks, etc. Also, the water may be stocked with fish. If this truly is a storm water pond, then City Staff and the developer need to be consistent when talking with inquiring potential homeowners so they are clear about the recreational use limitations affecting the pond/lake. If the pond/lake is truly a public pond/lake, than this is a tremendous asset for the City of Farmington and then in addition to the trails a dock should be added and the ability for the public to canoe or kayak here if they want and be able to fish should be available as well as to the homeowner's who residences are on the lake/pond. Bottom-line is that the City and developer need to agree on the uses available and answer questions by potential buyers consistently. If you have any questions, please give me a call. Thanks! Robin Randy Distad E>L ~\-( b'j f- b =rom: -Sent: To: Subject: Paula Higgins [phiggins@farmington.k12.mn.us] Friday, May 27, 2005 11: 12 AM Randy Distad Re: FW: Mystic Meadows - Giles Properties I am pleased with this. or walking available. the trails. Everything seems to connect and there is some lake trail riding He did offer major changes. I am glad you pressed for the width of ~'ON '611l~~ IIPM. -" 1Il1,lU't' AlO., SN 1 IA \>'lOS3NNI" 'NOl.~NI"~VJ NOIl.IOOV .LS~IJ SMOOY3" :)1l.S),." luH i!:::I:as~ sooz :pIIlWIS NOU.dIlPS30 llYO .l.tI'l'ONI108N1'l'ldIlOO'U lJ](JIJV iO/ol/<; HI'f1dOOO1JIl3dVlOOl110]5V.3IlWtl/<; -.-.-.-.-.- ...._.....-.._.___...._'DMI__"'"' SII0l..lAllns .. SJ.SUHII~ .. nINN""" .. ~JJ"IDN1 S.~YI~OSSY NOSS'O '\0 oS j;; f;: e , I ~ I ~ ..------' ~.O, ~ l/~" r-~("~ , -I ~ : - ~ /" --;y '\ 'l' ..- ~ ~""--...".--.... r< .- ~:' ( , ) ( , ) 'I . l-f",--J..+:::;:::t, -;- \. 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AilINI9NI \0 055'0 ~'ON .&.~ allaM'"IItUIl'f'^~ :patWis .;:~~U~~ JO ~~OlS a J:);J~~P ;~ ~7' ~:~:::.~~:::.a"~ aOlll wJd 5l!~nl0~ ~~l.(q :.~~~: ,Ja:l ,(qaRIl I NVld VlOS3NNII'l S~~~~~a: lSHIJ ::>11SAI'l 3dV::>SONVl 3SnOHNM01 i -, ~1l-tt'XU-UDJ qo./l--.,.aPlS 1IOS.lipllPq :mn Nlllfln ~ hp'xo; ~ luo:)~ xplJCIllO\~SL091:SJJlIX hp\IPUI.!\lIDfClpLar1\wdtl:t IilOOl: '9 ~lfXiOOZ\qaf;~j ~ e-\l /;?6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor and Councilmembers David Urbia, City AdrniIDstrat~ TO: SUBJECT: Cedar Corridor Transportation Infrastructure Group (Cedar Group) DATE: June 6, 2005 DISCUSSION Dakota County Commissioner Willis E. Branning, who is also chair of the Dakota County Regional Railroad Authority has sent an invitation to the City of Farmington for active participation in the work ofthe Cedar Corridor Transportation Group (Cedar Group). ACTION REQUESTED City Council to appoint up to three members and one alternate to the Cedar Group. These appointments should be comprised of the Mayor or a Councilmember and an alternate, the City Administrator, and a business or community representative. ~ David M. Urbia City Administrator Dakota County Regional Railroad Authority Dakota County Administration Center 1590 Highway 55 Hastings. MN 55033 651,438.4418 Fax 651,438.4405 () Printed on recycled paper with 30% post-consumer waste, AN EQUAL OPPORTUNITY EMPLOYER ~~ May 23, 2005 Mayor Kevan Soderberg City of Farmington 114 Spruce Street Farmington, MN 55024 Dear Mayor Soderberg This is an invitation to the City of Farmington to be an active participant in the work of the Cedar Corridor Transportation Infrastructure Group (Cedar Group). The Cedar Group and an associated Technical Advisory Committee are a reconfiguration of the Cedar Avenue Transitway Study Management Committee that led the previous alternatives analysis work on the corridor. The charge to the Cedar Group is to recommend a comprehensive transportation vision and plan for the Cedar Corridor. The plan would be the 5 year Phase I Implementation Plan for the Cedar Avenue BRT. Municipal and county officials associated with this project have discussed the most appropriate organization to gain input from various governmental agencies and other stakeholders during Phase 1 development of the Cedar Avenue BRT project. The outcome was the formation of the Cedar Group. The recommendation was adopted by the Dakota County Regional Railroad Authority (DCRRA) on May 17, 2005, The DCRRA will serve as the lead agency for Cedar Avenue BRT Phase 1 Implementation. The Cedar Group would serve an advisory role to the DCRRA and be comprised of representatives from the following agencies: Dakota County Regional Railroad Authority Hennepin County Minnesota Valley Transit Authority Metropolitan Council City of Burnsville City of Eagan City of Apple Valley City of Farmington City of Bloomington City of Lakeville City of Rosemount We request that the City Council appoint up to three members and one alternate to the Cedar Group. These appointments should be comprised of the Mayor or a Council Member and an alternate, the city manager or administrator, and a business or community representative. Meetings of the Cedar Group will be held quarterly or more often as necessary. We ask that the appointments to the Cedar Group be made in time for the first scheduled formal meeting of the Cedar Group on June 29. The proposed Technical Advisory Committee will include technical staff representatives from the Cedar Group members and additional representation from the Minnesota Department of Transportation and Metro Transit. Each city or agency may appoint up to two engineering, planning or other technical staff members to this committee. We also ask that the appointment members to the Technical Advisory Committee be made in time for participation in the Committee's first meeting on June 9. Page 2 Accompanying this letter is a full description of the Cedar Corridor Transportation Infrastructure Improvement Group as adopted by the DCRRA. Thank you very much for you consideration and anticipated participation. If you have any questions please call me or Greg Konat at 952-891-7005. ~f~ r Willis E. Branning, C~ Dakota County Regional Railroad Authority C: Dakota County Board of Commissioners Brandt Richardson, County Administrator Enclosure . CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE IMPROVEMENT GROUP Goals of the Cedar Group . Mitigate congestion growth. . Strengthen transportation foundations for future economic growth. . Increase overall mobility, accessibility, and travel reliability. . Create compelling transportation alternatives. Roles and Responsibilities The Cedar Corridor Transportation Infrastructure Improvement Group (Cedar Group) replaces the Cedar Transitway Project Management Committee. 1. The Cedar Group serves an advisory role, and provides recommendations to the Dak6ta County Regional Railroad Authority (DCRRA) regarding transportation planning and project development processes for the Cedar Avenue BRT Phase 1 Implementation project plan. . Assist in defining critical transportation issues. . Assist in identifying alternative roadway and transit strategies. . Review corridor study products and provide recommendations on major study decisions. 2. Provide communication between the Cedar Group and businesses, cities, counties, and agencies. . Link the Cedar Group to businesses, residents and governments in the corridor. . Communicate Cedar Group issues to member's organization. . Bring organization's comments and concerns to the Cedar Group. . Actively support Cedar Group positions on transportation priorities and investments in the corridor. The DCRRA shall serve as the lead agency for the Cedar Avenue BRT Phase 1 Implementation. O:\PDadmin\Cedar\Organization Structure Revised 5-11-2005.doc 1 , Cedar Group Membership Membership in the Cedar Group shall consist of representatives of governments who have a direct interest in the corridor. The Cities of Bloomington, Eagan, Apple Valley, Burnsville, Lakeville, Farmington, and Rosemount may appoint the following members to the Cedar, Group: . Mayor or elected member of the City Council . City manager or administrator . A business or community representative . An alternate who may be an elected or appointed official The appointment of city representatives shall occur by City Council action to serve at the pleasure of the City Council, or until the member becomes ineligible to serve. The County of Hennepin may appoint one Commissioner to serve at the pleasure of the County Board or until the member becomes ineligible to serve as an elected official. The member may have an alternate who may be an elected or appointed official. The County of Dakota shall appoint three DCRRA members from districts adjacent to the Cedar Corridor. The members shall serve at the pleasure of the DCRRA or until the member becomes ineligible to serve as an elected official. Each member may have an alternate who may be an elected or appointed official. The Metropolitan Council may appoint a Council member for each council district adjacent to the Cedar Corridor. The council members shall serve at the pleasure of the Metropolitan Council. Each member may have an alternate. The Minnesota Valley Transit Authority (MVTA) may appoint one Board Member and the executive director. The member shall serve at the pleasure of the MVT A Board. The member may have an alternate. Meetings. The Cedar Group shall meet quarterly, or more often if necessary. Decision Making: The Cedar Group shall make decisions on a consensus basis. Technical Advisory Committee A Technical Advisory Committee, consisting of planners, engineers or other technical professionals, shall be appointed to advise the Cedar Group. O:\PDadmin\Cedar\Organization Structure Revised 5-11-2005.doc 2 Roles and Responsibilities . Provide regular technical input to the Cedar Corridor Group. . Provide guidance on technical decisions within the Corridor. . Provide two-way communication between the technical activities of the Group and the member's respective government or agency. . Receive and review comments from the Cedar Group. Committee Members: Each participating member may appoint up to two members to the Technical Advisory Committee. In addition, Metro Transit and the Minnesota Department of Transportation may each appoint up to two members to the Technical Advisory Committee. Meetings. The Technical Advisory Committee shall meet as often as necessary. Special Ad Hoc Local Advisory Groups As the work of the Cedar Group progresses, local, detailed transportation issues will be considered, causing the need for local interest representatives to meet as often as necessary to work out local site and development issues. Examples are, issues dealing with highway design, signal placement, interface with local roads, etc. The special ad hoc advisory group will be formed under the leadership of the Cedar Group member from the city in which the issue site is located. Ad Hoc Committee Members will consist of municipal, business and county persons, and, as appropriate, transportation agency and major destination representatives. Once resolved, the issue resolution will be reported to the full Technical Committee and the Cedar Group, at which time the special ad hoc advisory group shall no longer exist. Special ad hoc Advisory Committees may also be appointed by the Cedar Group to deal with special issues of interest and concern to Cedar Group members. GF Revised May 12, 2005 O:\PDadmin\Cedar\Organization Structure Revised 5-11-2005.doc 3 /;(~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City AdministrW Robin Roland, Finance Director TO: SUBJECT: Consider Revision Downtown Liquor Store Lease - Finance DATE: June 6,2005 INTRODUCTION City Center Development LLC (Tom Wartman) has proposed that the City consider a larger leased space for the Downtown Liquor Store location at a reduced lease rate for a twenty four month trial period. DISCUSSION & BUDGET IMPACT On January 18, 2005, Council approved the lease agreement with City Center Development LLC for approximately 5,000 square feet of space in a commercial building under construction just east of the Pellicci Hardware building on the City Center site. Mr. Wartman had originally suggested that we lease 6,400 square feet but staff felt that the initial 5,000 sq. ft. would be adequate. Subsequent to the decision to expand the Pilot Knob space in March, Mr. Wartman returned with a proposal for additional square footage Downtown at a discounted rate. The initial lease would stand, but the additional 1,250 square feet of space would be leased at a reduced rate of $16.00 per square foot for the first two years. If at the end of the 24 month period, sales did not support the additional cost of leased space, the landlord (Wartman) would modify the space back to the original 5,000 square feet at his own cost. If the City wished to continue to lease all 6,250 square feet, the lease rate would be the third year rate for the entire space ($19.00 per square foot). Mr. Wartman felt so strongly that a larger store could be supported at the downtown location, he commissioned a market analysis which is included in this packet. Also included in the packet are the two different layouts of the store - one at 5,000 sq. ft. and one at 6,250 sq. ft. A financial analysis detailing the cost impact of this increase in size is attached with this memo. ACTION REQUESTED Authorize revision of the lease with City Center LLC to reflect 6,250 square feet of rental space for the Downtown Liquor Store at a cost of$18.00 per square foot for the first 5,000 square feet and $16.00 per square foot for the additional 1,250 square feet for the first 24 months of the lease. Respectfully submitted, A!!#I Finance Director o LO N <0 .8 "0 Q) II) CO ~ u .!: Q) Cl CO -0 S ~ CO ::::l C" II) cd "'0 Q) ro u o ~ ~ o "" CO o -E .~ = ~ Q) 0- Ol o ~ ~ ii5 ~ ~ c: N ~ ~ ~ ~ C ~ :; ~ 0- 5 Cl Ul C1ial Q) .0 EUl .0 I!) 8._'" :: g~ c:- '--~o.....~es iE 15 ~ '5 :S .0 e=co~~c: 0.. a.. ~ U) ~ -g Ci5ro.~e~a: ';:=:~(9gal ~ g~.E ~~ ~o~~~g U~ONU'" .~co ~ ~.~ ~ ~~:C.U500 ..... I-=>zz v~ NCO cor-- 00 . LO'r:::-M' ss v ~ I!) co co Ol"" I!) COOCO r--~ v CO"" OlO I!) v co Olr--O ~ I!) "" I'-~ a5 NtO cieri 0 u) __. N cOr-: oj r-- NN CON ~I!) 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('f) ~a)~N 2l I!) c: ~lO~~ x"d: ..Q MXXCij OCt)VCf.lQ) ~88~~ ON~a5~ NOOo.g ~~~ ~'o ~ ~ J; ro .5 ~ :E ~ .2:E ro ,-::)a.~Q)O iilc: ~ g.:g~ I- -(/)(/)<{<{ Farmington, Minnesota Prepared for: Tom Wartman By: Dakota Worldwide Corporation May 2005 Dakota Worldwide Corp. 4801 81 st Street, Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952,835.4461 Farmington, MN Liquor Potential Evaluation -May 2005 Executive Summary The purpose of this report is to provide information that would indicate a probable best size for the existing downtown Farmington Municipal Liquor store proposed to relocate to the shopping center on Co Rd 50 in Farmington. An anticipated trade area for Farmington would include all of Farmington, Castle Rock, Empire, and Eureka Townships, and the eastern part ofLakeville. Population growth for the trade area as a whole was 19.3% since the 2000 Census and future growth will increase by approximately 9.1 %, primarily due to developments in Farmington and Lakeville. The city of Farmington is increasing, per Met Council estimates, by 6.58% annually. Competition would include stores in Farmington, Apple Valley, Rosemount, and Coates. Float consists of the sales leaving to stores outside the trade area, and 3.2 beer sales in grocety stores. A complete market study would provide a sales projection for any given size and this would best determine the most profitable size for a replacement to the existing downtown location. However, two factors will assist in determining a new stores size. Growth in the city is increasing by almost 7% annually and the average total size ofthe competition is now over 8,000 square feet as compared with Farmington's existing average size ofless than 4,000 square feet. While the existing and estimated potential indicates that matching the 8,000 square feet plus size may not be warranted, enough total area for deal buying, promotions, visual impact, etc. is required as is sufficient sales area to compete affectively with the larger stores in Lakeville, Rosemount (Shenanigan's) and Apple Valley. Available potential for the proposed site/downtown store is now approximately $1,900,000 and should increase to over $2,100,000 by 2010. This is approximately 45% of the total available potential for the entire trade area, and current sales are now on track to be between 55 - 60% of the available downtown potential. Sales downtown in 2003 were $1,220,592 and $1,297,831. Should the sales trend for downtown continue at their present rate ($366,768 - 4/30/2005) 2005 year-end sales could decrease to $1,100,000. The affects of small size, limited selection and new facilities at Pilot Knob and in Lakeville are beginning to show. In a market such as downtown Farmington, a municipal location should be able to capture 90% of the available potential and being adjacent to the supermarket another 5-10% from beyond the trade area for a total of $2,000,000. This shows a downtown store of a larger size is in order, especially since the new location is adjacent to the only supermarket within the city of Farmington. Currently the new Pilot Knob store is 4,700 square feet with a proposed expansion to 6,800 square feet. The sizes considered at the new location are 5,000 and 6,200 square feet. The larger size, in what is a primary shopping area for the city, would drastically improve the downtown stores ability to increase revenue for the city. It would also allow the downtown store to reach its full potential with sufficient size for deal buys, increased merchandise/variety and a greater visual impact. It would also give the community two facilities that would be viable long term as the community continues to grow. A size of 6,200 square feet would allow for a sales area of 3,700 to 4,000 square feet. This would provide a facility that could capture the majority of the potential available and provide sales production from $540 to $500 per square foot sales area Dakota Worldwide Corp. 4801 81st Street, Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax: 952,835.4461 "" ~ ~ ~ ~ ~ 6- 1 .~ I;S .:: ~ k:l 1! 'i ~ Is ~ ~ ~ i Oil 0.; ~ -lC =.:i Q l#> '6il~ == .... = e~ = Q.l Jit;,'ij 'Soo '"' cQ .... = u.:= ~ .~ ,f: = ~ = Q ..... rIl ..... CJ ~ ~ o rn -..2 ,0 = 0' C/1 .010 ~~ -- -0 ~~ p..~ o rn - (I) ~<a o C/1 =10 ~o 00 -N =-- ~o o~ o~ o rn - (I) ~<a o v:J. .0 o ~~ _0 ON - ii: o rn - (I) ,0 'il 0' v:J. ~ O~ 1::0 ~~ o o o rn - (I) ,0 'il 0' v:J. .0 o ~8 _0 ,QN ~ B ~ ,0 'il 0' C/1 = ~ Of') -0 ~~ o o "<f?"<f?"<f?"<f? f')OONl' ~l'~f') oOM~M N..... 10 00"'" l' 00 '-0 l' 0 00 '-00\0\10 -.0 orl 0\. 00 1Ol'0\- ..... 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'" 0010\ U ~ ~ ll>=~ ." .- i:::Eo :g.8 ~~~ ~-.,; ,..,r- o';~ .:.:rn8 ,. _00 Q~., .g g rn-a " ., 000 -.... o 00 .". 00 0'1 O. - 0\ '-0. - ~ ~ o o o o o ..... ..... f') 00 r-: 0\ N. ..... ~ "<f? o o o o - l' ~ f') o. 0'1 ~. ..... ~ "<f? o o o o ..... = S bll = .~ ~ ..... o o U ~ .... E -0 ., -0 .;; ~ * N 0'1 10 o N r-t ..... ~ '3 o E-< Farmington, MN Liquor Potential Evaluation -May 2005 Page 5 Trade Area An anticipated trade area for Farmington's Mmicipal Liquor stores would include all of Farmington, the eastern part ofLakeville (east of Dodd Rd and Cedar Blvd) and the townships of Castle Rock, Empire and Eureka, Future Population Growth Southern Dakota Comfy including Farmington is experiencing rapid new housing growth. The following table shows population growth as estimated by the Met Comcil. City or Township 1990 2000 2010 5,940 12,365 20,500 34,598 45,527 54,000 1,480 1,495 1,500 1,340 1,638 2,050 1,405 1,490 1,500 24,854 43,128 58,000 8,622 14,619 22,700 Dakota Worldwide Corp. 480 1 81 sl Street, Suite 105 . Minneapolis. MN 55437 Telephone 800.475.4505 . Fax 952.835,4461 Farmington, MN Liquor PotentialEvalutllion -May 2005 Page 6 PopulationlDemographics Table 3 Population & Potential Summary Estimated Trade Area City of Farmington Municipal Liquor Potential P.C.E. 2000 Census Population/Est. Population over 21 2005 Estimated PopulationIPopulation over 21 2010 Estimated Po ulationIPo ulation over 21 Ma 2005 $4,242,665 $245.00 22,340/14,521 26,642/17,317 29,067/18,894 Farmington's current population estimate is 16,433 with approximately 10,700 at or over the age of21. Farmington's population is projected to increase to 20,500 by 2010 with approximately 13,325 of drinking age. With an average P.C.E. of$245.00, the potential for liquor in Farmington is approximately $2,616,845 per year, which compares to $4,242,665 for the trade area By 2010 the cities potential should increase to $3,331,250 and the trade area to $4,723,500. Total float (dollars not captured by the identified competitive stores), which consists of minor facilities and leakage, would be typically be between 15-25% of the available potential. Competition Beyond Farmington, there are three stores in Lakeville (primary competitor at 160th and Cedar), two stores in Rosemount, two in Apple Valley (primary competitor at Cedar and Co 42) and a small store in Coates. The 2003 Minnesota State Auditor's "Analysis of Municipal Store Operations", shows Lakeville as the largest municipal system in the state with $9,852,366 and Apple Valley in seventh position at $5,916,861. Liquor store sizes in the study area range from under 2,000 to over 10,000 square feet with an average size of over 8,000 square feet. The average municipal liquor total size in the anticipated Farmington study area is approximately 5,800 square feet. Dakota Worldwide CorD. 4801 81 It Street, Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 Farmington, MN Liquor PoIentialEvaluation-May 2005 Page 7 Definitions Trade Area The area containing the majority of the population that could contribute to the sales of a store or stores located at a proposed site or sites. Study Area The area containing the competition that may affect the proposed sites sales. P.C.E. Per capita yearly expenditure for Liquor (off-sale only). Float That portion of the potential within the trade area that is not captured by the identified stores. Dakota Worldwide CorP. 4801 81"' Street, Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 Farmington, MN Liquor Potential Evaluation -May 2005 Page 8 Qualifier In the use of this market analysis, client acknowledges that while it believes the services to be performed hereunder by Dakota Worldwide Corporation will be a valuable tool in management decision-making, it also understands that an important part of said services involves subjective judgment, which is dependent upon the correctness of the information made available to Dakota Worldwide Corporation. Therefore, client further acknowledges its understanding that Dakota Worldwide Corporation does not guarantee any result from the use of the analysis or other services performed hereunder, nor shall Dakota Worldwide Corporation be responsible for any loss incurred as a result of the use of said analysis or other services. Furthermore, these projections are based on the conditions identified in the survey. Any change within the trade area, such as the opening or closing of a competitive store or changes in economic conditions, could cause significant variation between these projections and actual sales. The possibility of this occurring increases with time. Dakota Worldwide Corp. 4801 81st Street, Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 Farmington, MN Liquor Potential Evaluation -May 2005 Page 9 Source Data "Minnesota", Census 2000, U.S. Department of Commerce, Bureau of the Census. "Area Statistics," Minnesota, 1997 Census of Retail Trade, U.S. Department of Commerce, Bureau of the Census. Editor & Publisher, Inc., 2004 Market Guide. "2003 Trunk Highway Volumes", Apple Valley, Minnesota Department of Transportation. Metropolitan Council 2030 Forecasts. "Analysis of City Liquor Store Operations 1999-2002", Minnesota, Office of the State Auditor. City Offices: Apple Valley, Burnsville, Eagan, Rosemount, Farmington, Inver Grove Heights, and Lakeville, Minnesota. "PopStats", Synergos Technology. Dakota Worldwide Corp. 4801 81st Street. Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence ofleadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.