HomeMy WebLinkAbout04.04.05 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
APRIL 4, 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
Council 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
f{icial Council action normally taken at a regularly scheduled Council meeting should be considered as aformal 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 promising future.
AGENDA
REGULAR CITY COUNCIL MEETING
APRIL 4, 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 - Community Development
b) Introduce New Employee - Information Technology
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments)
a) Response to Mr. John Ristow - Engineering
7. CONSENT AGENDA
a) Approve Council Minutes (3/21/05 Regular) (3/24/05 Special)
b) Approve Agreement with Hoisington Koegler Group Inc for Park Planning
Services - Parks and Recreation
c) Approve Agreement with Farmington Fastpitch Softball League - Parks and
Recreation
d) Capital Outlay - Parks and Recreation
e) Sign Marquee - Parks and Recreation
f) Approve Name Change - Therapeutic Massage License - Administration
g) Adopt Resolution - Approve Gambling Event Permit - Administration
h) Approve Temporary On-Sale Liquor License - Administration
i) Adopt Resolution - Designation of Fund Balance - Finance
j) Appointment Recommendation Police - Human Resources
k) Adopt Resolution - Development Contract Middle Creek East 2nd Addition-
Engineering
1) Approve Bills
m) Private Development Street S'veeping Contract - Engineering
n) Request for Bids - Fiber Optic Cabling - Human Resources
8. PUBLIC HEARINGS
Action Taken
Introduced
Introduced
Information Received
Approved
Approved
Approved
Tabled
Form Committee
Approved
R32-05
Approved
R33-05
Approved
R34-05
Approved
Approved
Approved
9. A WARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Council/Management Retreat Summary - Administration
b) Adopt Resolution - Supporting Transit Legislation - Administration
c) Consider Feasibility Study Flagstaff Avenue - Administration
d) Waiver of Plat Request - 20210 Akin Road - Community Development
Information Received
R35-05
Denied
Approved
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. EXECUTIVE SESSION - City Administrator Performance Review
15. ADJOURN
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 promisingfuture.
AGENDA
REGULAR CITY COUNCIL MEETING
APRIL 4, 2005
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Introduce New Employee - Community Development
b) Introduce New Employee - Information Technology
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments)
a) Response to Mr. John Ristow - Engineering
7. CONSENT AGENDA
a) Approve Council Minutes (3/21/05 Regular) (3/24/05 Special)
b) Approve Agreement with Hoisington Koegler Group Inc for Park Planning
Services - Parks and Recreation
c) Approve Agreement with Farmington Fastpitch Softball League - Parks and
. Recreation
d) Capital Outlay - Parks and Recreation
e) Sign Marquee - Parks and Recreation
f) Approve Name Change - Therapeutic Massage License - Administration
g) Adopt Resolution - Approve Gambling Event Permit - Administration
h) Approve Temporary On-Sale Liquor License - Administration
i) Adopt Resolution - Designation of Fund Balance - Finance
j) Appointment Recommendation Police - Human Resources
k) Adopt Resolution - Development Contract Middle Creek East 2nd Addition-
Engineering
1) Approve Bills
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
Action Taken
Pages 1-24
Pages 25-48
Pages 49-57
Pages 58-63
Page 64
Page 65
Pages 66-68
Pages 69-70
Page 71
Pages 72-73
Page 74
Pages 75-90
Page 91
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Council/Management Retreat Summary - Administration
b) Adopt Resolution - Supporting Transit Legislation - Administration
Pages 92-94
Pages 95-100
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. EXECUTIVE SESSION - City Administrator Performance Review
15. ADJOURN
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO: Mayor and Councilmembers
FROM: David Urbia
City Administrator
SUBJECT: Supplemental Agenda
DATE: April 4, 2005
It is requested the April 4, 2005 agenda be amended as follows:
CONSENT AGENDA
7h) Approve Temporary On-Sale Liquor License - Administration
The license application was omitted from the packet.
Add 7m)
Private Development Street Sweeping Contract - Engineering
Approve the contract for street cleaning services to Hoffbeck Trucking - ProSweep
me. '
Add 7n)
Waiver of Plat Request - 20210 Akin Road - Community Development
Approving splitting the lot located at 20210 Akin Road into two lots.
Add 70)
Fiber Optic Bids - Human Resources
Approve the fiber optic cabling bid specifications and authorize staff to advertise for
bids for this project.
PETITIONS, REQUESTS AND COMMUNICATIONS
Add 10c)
Consider Feasibility Study Flagstaff Avenue - Administration
The school district has requested a feasibility study for Flagstaff Avenue.
Respectfully SUbmi:ed. 11 .
~~
David Urbia
City Administrator
/m
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
SUBJECT:
Mayor, Councilmembers, City Administrator ~
Tim Gross, P.E., Assistant City Engineer~
Private Development Street Sweeping Contract
TO:
FROM:
DATE:
April 4, 2005
INTRODUCTION
Staff has solicited quotes for street cleaning services in the private developments for 2005-06 (two
year agreement). The request for proposals for street cleaning services was advertised in the
Farmington Independent and the Farmington This Week for two weeks.
DISCUSSION
It is stipulated in all private development contracts that the Developer is responsible to keep the
streets clear of soil and debris. It has proven to be very difficult to enforce this issue, and the amount
of soil and debris in the streets is significant at times. The City has the right under the Development
Contract to perform work and bill the costs to the Developer when there is a default of the contract.
Failing to keep the streets clean is considered a default of the Development Contract, and allows the
City to take proper remedial action.
The streets need to be kept clean for two main reasons, First, if the streets are not kept clean, soil and
debris is washed into the storm sewer system and holding ponds during rainfall events. If the debris
gets into a system downstream of the development, taxpayer dollars will need to be expended to clean
the system and ponds. Secondly, staff has received numerous complaints from residents regarding
the difficulties navigating streets coated in dirt and mud,
The developments will be inspected on Mondays and Thursdays after 12:00 p,m. The City's
contractor will clean those streets that are not clean by 12:00 p.m. on Monday and Thursday, on the
following day (Tuesday and Friday). The cost for street cleaning services including an administrative
fee will be billed back to the Developer.
As in the past, it will be entirely up to the Developer as to whether or not the City assists him/her
with street cleaning. If all ofthe streets within a development are clean at 12:00 p.m, on Monday and
Thursday, the City's contractor will not be ordered to clean the streets in that development and the
Developer will not be billed for street cleaning at that time. The only exception to this is if staff is
made aware of a situation that needs to be addressed immediately and the Developer cannot respond
as necessary,
BUDGET IMPACT
One quotation was received this year. The proposal for sweeper services was at $75/hour and skid
loader services at $65/hour. The prices quoted for this contract are identical to last years contracted
prices. Staff is recommending to award the contract to the contractor, Hofibeck Trucking -
ProSweep, Inc" based out of Lakeville.
The cost to the Developer (plus an administrative fee) will be $65/hour for skid loader work and
$75/hour for sweeper work.
ACTION REQUESTED
Approve the award of contract for street cleaning services to Hoffbeck Trucking - ProSweep Inc.
Respectfully submitted,
~.
....1
"..
.....'~.
Tim Gross, P.E.
Assistant City Engineer
cc: file
STREET CLEANING CONTRACT
AGREEMENT dated this day of ,2005, by and between
the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and Hoffbeck
Trucking - Pro Sweep, Inc., a Minnesota corporation ("Contractor").
IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN, THE
PARTIES HERETO AGREE AS FOLLOWS:
Section 1. Scope of Work.
A. The City hereby engages Contractor to provide street cleaning services within
private developments in the City. Contractor shall clean only those streets identified by the City
Engineer during the 24-hour period prior to the scheduled cleaning date.
B. Contractor will provide street cleaning services on those streets identified by the
City Engineer every Tuesday and Friday, at a minimum.
C. In performing the work under this Agreement, Contractor shall use only those
hydrants approved by the City for Contractor's use. The City shall provide Contractor with a
water meter which Contractor shall use when obtaining water from City hydrants. Contractor
shall not be charged for City water used in performing work under this Agreement.
D. The City's Inspector shall verify that the work is completed to the satisfaction of
the City. Contractor's failure to clean streets to the City's satisfaction and in a timely manner
shall be cause for termination of this Agreement by the City without notice.
Section 2. Notification.
A. Lists of streets within the City that require cleaning which will be faxed by the
City to the Contractor prior to the scheduled day for cleaning. No verbal street cleaning list will
be supplied. If there are no streets that require cleaning on a scheduled day, the City inspector
will forward a fax indicating that there are no streets to be cleaned that day. If the scheduled
street cleaning day falls on a holiday or there is severe weather, as determined by the City, the
City shall designate an alternate day for performance of Contractor's services.
Section 3. Equipment.
A. Contractor shall perform the work required under this Agreement usmg the
following fully operational equipment:
1) Street sweeper: must be equipped with right and left gutter brooms with
water discharge; and
2) A skid loader.
Each sweeper will be equipped with an anti-siphon device. Plastic brushes are acceptable.
B. When requested by the City, Contractor shall furnish a complete statement of
equipment condition and previous length of service on all equipment to be used in the
performance of the work under this Agreement. The City's Public Works Director or designee
may reject any equipment used to perform the work covered under this Agreement.
Section 4. Contract Term.
A. Contractor shall commence services April 7, 2005 through March 31, 2007
(2 years), This Agreement may be terminated earlier by either party without cause upon thirty
(30) days' notice to the other party, except as otherwise provided in this Agreement.
Section 5. Payment.
A. The City shall pay Contractor a unit price per hour as follows:
$75.00/hour for use of pickup broom with water discharge
$65.00/hour for use of the skid loader
B. The unit price per hour includes only time spent actually operating equipment and
does not include downtime. The unit prices per hour shall cover all of the City's costs associated
with the street cleaning. Contractor shall be responsible for all costs it incurs in the
transportation and disposal of materials off-site.
C. Application for payment shall be made monthly. Contractor shall invoice each
development in the City separately. Upon approval ofthe invoice by the City, the City will remit
the approved invoice amount directly to Contractor.
Section 6. Documentation.
A. Contractor shall be responsible for keeping and maintaining the following records
on a daily basis.
I) The total number of cleaning hours per development for each piece of
equipment identified in Section 2.
2) The number of dumps and estimated yards of debris per development.
B. These records shall be submitted weekly to the City's Public Works Director or
designee showing the dates, times and street locations where sweeping was done in each
development.
Section 7. Emere:ency Response. During the contract term it may be necessary to have
contract work done on an emergency basis. Upon the City's request for additional work,
Contractor shall respond to the City's request upon 24 hours verbal or written notice. If the
2
City's Public Works Director or designee determines it necessary, the City may hire another
entity other than Contractor for completion of the requested work.
Section 8. Independent Contractor. The City hereby retains Contractor as an
independent contractor upon the terms and conditions set forth in this Agreement. Contractor is
not an employee of the City and is free to contract with other entities as provided herein.
Contractor shall be responsible for selecting the means and methods of performing the work.
Contractor shall furnish any and all supplies, equipment and incidentals necessary for
Contractor's performance under this Agreement. The City and Contractor agree that Contractor
shall not at any time or in any manner represent that Contractor or any of Contractor's agents or
employees are in any manner agents or employees of the City. Contractor shall be exclusively
responsible under this Agreement for Contractor's own FICA payments, worker's compensation
payments, unemployment compensation payments, withholding amounts, and/or self-
employment taxes if any such payments, amounts, or taxes are required to be paid by law or
regulation.
Section 9. Extra Service. No claim will be honored for compensation for extra services
or work beyond the scope of this Agreement without the written approval of the City.
Section 10. Insurance. Contractor shall furnish the City certificates of insurance from
insurers duly licensed with the State of Minnesota covering public liability insurance, including
general liability, automobile liability and bodily injury liability in an amount of at least $500,000
for injury or death of anyone person in anyone occurrence; and bodily injury liability in an
amount of at least $1,000,000 for injuries or death arising out of anyone occurrence. Property
damage liability shall be furnished in the amount of at least $500,000. Contractor shall comply
with all applicable insurance requirements of the Worker's Compensation Act. Contractor shall
provide proof of worker's compensation coverage. The City shall be named an additional
insured on the general liability policy.
Section 11. Unsafe Conditions Reportine:. Contractor shall promptly inform the City
by telephone and in writing of any unsafe conditions on City streets or property discovered
during the course of Contractor's duties, whether or not Contractor is able to remedy the unsafe
condition.
Section 12. Indemnification. Contractor shall indemnify and hold harmless the City, its
officers, agents and employees, of and from any and all claims, demands, actions, causes of
action, including costs and attorney's fees, arising out of or by reason of negligence in the
execution or performance of the work or services provided for herein and further agrees to
defend at its sole cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising hereunder.
3
Section 13. Covenant Ae:ainst Contine:ent Fees. Contractor warrants that it has not
employed any person to solicit or secure this Agreement for a commission, percentage,
brokerage or contingent fee.
Section 14. Governine: Law. This Agreement shall be governed by the laws ofthe State
of Minnesota,
Section 15. Notices. Pursuant to this Agreement, notices shall be hand-delivered or
mailed as follows:
AS TO CITY:
City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
AS TO CONTRACTOR:
Hoffbeck Trucking - Pro Sweep, Inc.
9745 215th Street
Lakeville, MN 55044
952-469-2367
Section 16. Miscellaneous.
A. Contractor may not assign or subcontract any of the services to be performed hereunder
without the written consent of the City, which consent shall not be unreasonably withheld.
B. This Agreement shall become effective only upon its execution by both the City and
Contractor. This Agreement shall not be modified, amended, rescinded, waived or terminated
without the approval in writing ofthe City.
4
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day
and year first above written,
Dated:
,2005.
CITY OF FARMINGTON
By:
Kevan Soderberg, Mayor
And
David Urbia, City Administrator
CONTRACTOR:
Dated:
,2005.
Hoftbeck Trucking - Pro Sweep, Inc.
By:
Its:
And
Its:
5
7~
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
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Waiver of Plat Request - 20210 Akin Road
DATE:
April 4, 2005
INTRODUCTIONIDISCUSSION
Mr. Erick Wefel, 20210 Akin Road, has requested a waiver of plat for his property in
order to split his lot into two lots. The property is currently a metes and bounds property
and is not part of a recorded plat. In this case, the Zoning Officer has agreed that the lot
split will not adversely affect the future orderly development of the property or adjacent
property and therefore, has forwarded the request to the City Council as required in
Section 11-1-5 of the City Code (see attached).
The property lies north of a property that is currently owned by Bernard Murphy (see
attached map). The Murphy property provides access to 6 homes behind Mr, Wefel's
property by way of a gravel road, The Development Committee reviewed Mr. Wefel's
request on March 29,2005 and determined that Mr. Wefel should try to obtain an access
agreement from Mr. Murphy in order to access to the gravel roadway rather than creating
an additional access onto Akin Road. Mr. Murphy was contacted as requested; however,
Mr. Murphy stated that his property is currently under sale to another party (Giles
Properties, Inc.), and because of this potential turnover in ownership, he has agreed not to
provide Mr. Wefel with an access easement onto Murphy's existing gravel road at this
time,
The lot split meets the requirements of the R -1 zoning district, with two lots proposed at
well over 10,000 square feet in area. Additionally, the lot split meets the R-l requirement
for lot frontage at a minimum of75 feet in length.
The Zoning Officer recommends that the property at 20210 Akin Road be granted a
waiver of plat, splitting the existing lot into two lots. The 0.50 acre lot (Parcel B) will
have a new access onto Akin Road unless the City Council directs City staff and/or Mr.
Wefel to continue to explore other access options.
ACTION REQUESTED
Request approval of the waiver of plat located at 20210 Akin Road, splitting the existing
lot into two lots.
Respectfull
~
Lee Smick, AICP
City Planner
cc: Mr. Erick Wefel, 20210 Akin Road
Filed
CITY OF FARMINGTON
REQUEST FOR WAIVER OF THE PLATTING ORDINANCE
Owner of Property &r~>k. (,UF;;€L. Phone ~5"I-l/~t)'-1./7i/~
Mailing Address 20JID fiki,'IJ Q&. ~nc.\'IN~}"CI-J I Mt\J 5tJtl~ 4
Surveyor/Address DEL-In.1l1!. J1.Sc~t.VM,.)Z t'~o s"L"! iKyoL'>: < 1'1555 Selin ZbeeT T.a-,L
. . 12()~-eM(,vlJT; tII.1.~ .
Property Address 20210 IIi,',..; I?d. S5b& If
Lot 03 Block ~ Subdivision
Section .25
Township tit.{
Range .'20
Parcel # /'1 tJ ~ -5 0003005
Property Description and Area Lb'1' Spl'l
Municipal Sewer Available? y-e~
Municipal Water Available? y-e$
Connections In?
Connections In?
-
Have all necessary street dedications been made?
Torrens (Owner's Duplicate Certificate of Title Required)
V-e7
.k
Abstract
Fee ~/cO
I .
~Vc-/--c'~
Signature of Property Owner
3/;23~;S
Paid
Signature of Property Owner
Date
Date
Waiver of Platting granted by the Staff/City Council* on the _ day of
*Certified copy of Minutes attached and furnished to Grantee if granted by Council.
ATTEST:
City Clerk/Planner
SEAL
Date
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JOB AND PLOT FILE: 805015
11-1-5
11-1-6
11-1-5:
WAIVER OF PLATTING: The following land divisions are
exempt from the provisions of this title:
(A) A subdivider of a single parcel of land into no more than two (2)
parcels may request a waiver of the formal plat review process.
(8) The request shall be submitted on a form provided by the city and
shall be accompanied by a registered survey which shall include a
key map of the quarter-quarter section where it is located showing all
other parcels.
(C) The waiver may be granted by the zoning officer if both of the
following requirements are met:
1. The property is part of a recorded plat or both parcels created by
the subdivision are situated outside of the urban service area as
identified in the Farmington comprehensive plan.
2. The lots meet the minimum lot requirements of the zoning
ordinance 1.
-*(0)
If, in the opinion of the zoning officer, the proposed subdivision of
property would adversely affect the future orderly development of the
property or adjacent property, or if it lies within the urban service
area, the waiver may be forwarded to the city council for its
consideration. The council shall waive the platting requirements
unless it determines the proposed subdivision would adversely affect
the orderly development of the property or adjacent property.
(E)
The subdivision requested must be effected and filed with the
Dakota County recorder and proof of filing furnished to the city within
sixty (60) days from the date of approval or the waiver is null and
void. (Ord. 002-470, 2-19-2002)
11-1-6:
DEFINITIONS: For the purpose of this title, certain words and
terms are hereby defined as set forth in this section:
ALLEY:
A public or private right of way primarily
designed to serve as secondary access to the
side or rear of those properties whose principal
frontage is on a street.
1. See title 10 of this code.
July 2002
City of Farmington
N
\
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ciJarmington.mn.us
Ie:?
TO:
Mayor, COlmcilmembers, and City Administrato~
Brenda Wendlandt, Human Resources Director
FROM:
SUBJECT:
Request for Bids - Fiber Optic Cabling
DATE:
April 4, 2005
INTRODUCTION
The City is exploring options regarding fiber connectivity to all its facilities. One of those options is
to request fiber optic cabling bids so that the City could install and maintain its own fiber optic
system.
DISCUSSION
Currently, the City rents two fiber strands from Independent School District 192 to provide service
from City Hall to the Police Department and from the Rambling River Center to the Fire Station. The
City currently owns the fiber optics connecting City Hall to the Rambling River Center and the
Downtown Liquor Store, from the Fire Station to the Arena, and from the Police Department to the
Maintenance Facility. At this time, the City does not have connectivity with the Pilot Knob Liquor
Store and ISD 192 does not have the capability of providing that service.
The costs for leasing the fiber optic strands from the ISD 192 will be increasing dramatically in July
of 2005. Before committing to a new lease, the City is exploring all options available. One of those
options is to install and maintain its own fiber infrastructure. This will give the City greater flexibility
as the City's computing needs continue to expand.
Therefore, staff would like to request bids for installing fiber optic cabling to replace the strands
leased from ISD 192 and to gain connectivity to the Pilot Knob Liquor Store.
BUDGET IMPACT
Once bids are received for the project, staff will do a cost/benefit analysis comparing installation of
City owned fiber to continued leasing of school district fiber. This analysis will take into account the
. proposed cost increase referred to above, other possible funding sources for installation of City
owned cable (i.e. liquor store funding for the connection to the Pilot Knob location) and potential
future revenue streams if the City had available fiber optic strands of its own to lease to other
customers. These considerations and analysis will be returned to council when a recommendation is
made on the fiber optic bids.
ACTION REQUESTED
Approve the fiber optic cabling bid specifications and authorized staff to advertise for bids for this
project.
Respectfully Submitted,
AI /1;/ /L
/J1e'lCa~~/~t:1(i41f-.
/ Brenda Wendlandt, SPHR
Human Resources Director
cc: file
City of Farmington
Request for Fiber Optic Cabling Bid
Prepared by John Wondra
LOGIS
Network and Systems Architect
Date: 3/29/2005
Page I: Farmington Fiber Optic Cabling Bid.doc
Table of Contents:
Advertisement for Bid
Section 1. General Specifications
Section 2. Proposal Requirements
Section 3. General Contract Conditions
Section 4. Site Cleanup
Section 5. Protection of Persons & Property
Section 6. Documentation
Section 7. Warranties and Maintenance
Section 8. Testing Specifications
Section 9. Cabling Specifications
Section 10. Permits
Section 11. Facility Locations
Section 12. Required Facilities
Section 13. Proposal Form
Section 14. Required Bid Documents
Appendix A. Drawings and Diagrams
Appendix B. Sample Contract
Appendix C. Performance & Payment Bond Forms
Appendix D. Sample of Insurance Certificate
Appendix E. IC-134 Form for f'mal payment
Page 2: Farmington Fiber Optic Cabling Bid.doc
(Official Publication)
CITY OF FARMINGTON
ADVERTISEMENT FOR BIDS
CATEGORY: FIBER OPTIC NETWORK
NOTICE IS HEREBY GIVEN that the City Council ofthe City of Farmington, Minnesota, will receive
sealed bids in the City Hall until 2:00 p.m., May 5, 2005, for the following: Construction of a fiber optic network to
connect the following sites used by the City of Farmington.
FARMINGTON POLICE DEP ARMENT
18500 Municipal Drive
Farmington, MN 55024
FARMINGTON FIRE DEPARTMENT
21625 Denmark Avenue
Farmington, MN 55024
FARMINGTON SENIOR CENTER
432 3rd Street
Farmington, MN 55024
FARMINGTON ICE ARENA
114 Spruce Street
Farmington, MN 55024
FARMINGTON LIQUOR STORE 1
113 Elm Street
Farmington, MN 55024
FARMINGTON LIQUOR STORE 2
18350 Pilot Knob Road
Farmington, MN 55024
All bids shall be on the proposal form supplied by the City and shall be in accordance with plans and specifications
for said project which are on file and available for inspection in the Department of Technology and Support
Services, Farmington City Hall, 325 Oak Street, Farmington, MN 55024; and at LOmS (Attn: John Wondra), 5750
Duluth Street, Golden Valley, MN 55422. Electronic copies of plans and specifications are also available upon
request - contact John Wondra Gwondra@logis.org).
Bids will only be acceoted and receioted for by:
Office of the City Clerk
Farmington City Hall
325 Oak Street
Farmington, MN 55024
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No bids shall be considered unless accompanied by a bid bond payable to the City of Farmington for not less than
five percent (5%) of the net price bid. Questions pertaining to this project should be directed to John Wondra,
LOGIS, at (763) 543-2647.
Bids will be opened publicly by the City Administrator and City Clerk or their designated representatives in the
Council Chambers of City Hall on May 5, 2005 at 2:15 p.m. In evaluating the bids, the City Council may waive any
minor irregularities or defects therein to the extent that waiving minor irregularities or defects does not materially
prejudice other bidders. Further, the City Council reserves the right to reject any or all bids and to accept any bids
deemed to be in the City's best interests.
City Administrator
Published in the Farmington Independant on April 14, 2005.
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Section 1 General Specifications.
The City of Farmington ("City") is requesting sealed bids to cable various city facilities
together. This infrastructure will be city owned and maintained and will be utilized to
transmit data, phones, radio, and video. The city will be asking contractors to provide
bids on supplying underground conduits and fiber optic cable to accomplish this goal.
The City of Farmington will be taking a base bid that will include all required
connections. The City of Farmington will also be requesting costs on Alternates that will
include optional sites which mayor may not be included in the final project.
The sealed proposal must include all cabling and equipment specified in this document
The City of Farmington reserves the right to refuse any and all bids. Where
applicable all equipment must be UL listed, FCC approved, registered and meet the
current industry standards set by the American National Standards Institute (ANSI),
National Electrical Manufactures Associations (NEMA) and the Institute of Electrical and
Electronic Engineers (IEEE) for the cable design specified in this document.
The cable system must be installed, in place and completely tested by the contractor
before the City of Farmington will accept the system, All equipment and cabling
proposed must be new, unused and currently in regular production.
Installation of cabling will occur in accordance with the mutually agreed upon
construction schedule. The estimated start date for cable installation is May 16,2005
and the estimated completion date is September 23, 2005.
If any details necessary for a clear and comprehensive understanding are omitted or an
error appear in the RFP documents, or if the contractor note facts or conditions that in any
way conflict with the letter or spirit of the RFP documents, it is the contractor's
responsibility to obtain clarifications before submitting a proposal.
A meeting with prospective Contractors will be held April 23, 2005 starting at 9:00
AM. Prospective Contractors are invited to attend this meeting to ask questions
regarding the bid, and to tour the relevant physical facilities. The meeting will
begin in the City of Farmington council chambers at 9:00 AM sharp.
All sealed bids and inquires on the cabling specifications must be directed to:
City Clerk
City of Farmington
(Fiber Optic Cabling Bid)
325 Oak Street
Farmington, MN 55024
Sealed bids are due May 5, 2005 at 2:00 P.M. City Hall, City of Farmington, Office
of the City Clerk. No bids received after this time will be accepted.
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Section 2 Proposal Requirements
Bid Bond
No bids will be considered unless sealed and accompanied by bid bond or certified check
payable to the City of Farmington in the amount of at least five percent (5%) of all bids.
Bonds
Each Contractor must furnish performance and labor and material payment bonds on the
City's approved forms, which are attached, each in the amount of 100% of the contract
amount. The bonds are to be executed by an acceptable surety company or companies
authorized to execute such in the State of Minnesota, and be written in favor of the City.
These bonds must be executed within 15 days after the City notifies the Contractor that it
has been awarded the contract and must remain in force throughout the life of the contract
and its warranty period.
The Contractor must require the Attorney-in-Fact who executed the required bonds to
attach a current copy of his power of attorney indicating the monetary limit of such
power.
Contract Documents
The Contract Documents include the Advertisement for Bids in the form at the front of this
document, all Addenda issued prior to receipt of bids, Proposal, General Contract Conditions,
Specifications, Contract in the form attached hereto as Appendix B and hereby made a part
hereof, Contract Bonds in the form attached hereto as Appendix C and hereby made a part
hereof, all plans and drawings, and any Change Orders issued in accordance with section 45
of the General Contract Conditions. The Contract Documents are complementary, and what
is required by anyone shall be as binding as if required by all.
Rejection of Bids
Bids may be rejected if they show any omission, alteration of form, additions not called for,
conditional bids or alternate bids not specified or irregularities of any kind.
Disqualification of Bidders
More than one proposal for the same project from an individual, firm, partnership or
corporation under the same or different names will not be considered. Evidence that any
bidder is interested in more than one proposal for the same work will cause rejection of all
such bids. Collusion between the bidders will be considered sufficient cause for the rejection
of all bids so affected.
Failure on the part of any bidder to carry out previous contracts satisfactorily or his/her
lack of the experience or equipment necessary for the satisfactory completion of the work
may be deemed sufficient cause for his/her disqualification
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Inclusion of Contractor Response to Request for Proposal
The final written contract will include as contractual obligations the contractor's proposal
and all representations, warranties and commitments in the proposal.
Prices
Contractor represents and warrants that any and all prices for products and services, now
or subsequently specified in the contract are as low as and no higher than prices that
Contractor has charged or intends to charge customers other than City for the same or
similar products and services of the same or equivalent quantity and quality for delivery
or performance during the same periods of time. If during the term of the contract
Contractor reduces any or all prices charged to any or all customers other than the City for
the same or similar products or services specified, Contractor must make equal or
equivalent reduction in corresponding prices for said specified products or services.
Contractor also represents and warrants that any and all prices set forth in this contract do
not and will not violate any existing federal, state or municipal law or regulation
concerning price discrimination and/or price fixing. Contractor agrees to indemnify,
exonerate, and hold City harmless from any such violation now and throughout the term
of this contract.
Prices quoted are not subject to increase throughout the contract period unless specifically
allowed by these specifications.
Payment Terms
Refer to General Conditions section on Application for Payments, Partial Payments,
Payments Withheld, Final Payment & Changes in the Work for rules regarding
Contractor Payments,
Job Site Foreman:
Bidders must supply ajob site foreman that will manage the project and installation.
Bidders must supply the job site foreman's credentials and qualifications in the bid.
References:
Bidders must supply the references in a document and this document must be supplied
with the proposal to the City of Farmington. A minimum of five references must be
supplied from equal size projects.
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Implementation Plan Document:
Bidders must supply a detail implementation plan with the project outline, project dates,
any contractor requirements, number of personnel, etc.
Prior Experience and Company Profile:
Bidders must supply the City of Farmington with a company profile, outlining related
prior experience in comparable or greater size projects,
Equipment Detail and Labor Hours Document:
All bidders must supply a complete detailed document outlining all
equipment/components and labor hours required for this project.
Right to Accept/Reject Bids
The City of Farmington reserves the right to accept or reject any or all, or any part of any
bids, to waive any informalities and to accept any proposal deemed to be in the best
interest and or most favorable to the City of Farmington.
Furnishing of Evidence of Responsibility
When requested by the City the Bidder shall furnish a balance sheet, certified by a certified
public accountant as to date not more than sixty (60) days prior to date of the opening of bids
which shall set forth outstanding assets and liabilities in reasonable detail. The bidder shall
also furnish a list of work of similar nature performed with dates of completion thereof. The
bidder shall also furnish any other additional information relative to financial responsibility
and competence to do the work as may be requested by the City prior to acceptance of any
proposal. The City reserves the right to reject any bid where the available evidence of
information does not satisfy the City that the bidder is qualified to carry out properly the
terms of the proposed Contract.
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Section 3. General Contract Conditions
The numbering sequence applies to the City's General Contract Conditions used for all projects valued over
$35,000. Some of the sections have been deleted because they do not apply to this project.
Definitions:
Owner - City of Farmington
City Project Manager - the City's appointed City Project Manager. The City Project Manager has the
general supervision and direction for the entire project.
2.0 INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS
If any person contemplating submitting a bid for the proposed contract is in doubt as to the
true meaning of any part of the plans, specifications or other proposed Contract Documents,
he/she may submit to the Owner, a written request for an interpretation thereof, The person
submitting the request will be responsible for its prompt delivery. Any interpretation of the
proposed documents will be made only by addendum duly issued and copy of such addendum
will be mailed or delivered to each person receiving a set of such Contract Documents and
such other prospective bidder as have requested that they be furnished with a copy of each
addendum. The Owner will not be responsible for any other explanation or interpretations of
the proposed Contract Documents. The Contract Documents are complementary, and what is
required by or provided in any shall be as binding as if required by or provided in all.
3.0 FORM OF CONTRACT
The form of Contract to be used shall be the form prescribed and provided by the Owner.
4.0 CONTRACTOR'S RESPONSIBILITIES
The Contractor shall furnish all necessary machinery, tools, labor and material in every
character required, and shall fully complete the Work in accordance with the plans,
specifications and detail drawings, for the prices bid. The entire Work to be performed under
the contract for this improvement is to be at the Contractor's risk, and he/she is to assume the
responsibility for and risk of all damages to the Work or to property adj acent to or on the line
of said Work. The Contractor shall have charge of and be responsible for the entire
improvement until its completion and acceptance. He/she shall be liable for any defects
which may appear or be discovered on his/her work,
Whenever the Contractor is not present on the Work, directions will be given to the
Superintendent or Foreman who may have immediate charge thereof, and shall by him/her be
received and strictly obeyed. The Contractor shall designate one person who shall have
charge of the job and to whom the inspector shall give directions. If any person employed on
the Work shall refuse or neglect to obey the directions of the Owner, or his/her duly
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authorized representative, in anything relating to the Work, or shall appear to be incompetent
or disorderly, he shall, upon the request of the Owner, be at once discharged and not again
employed upon any part of the Work.
5.0 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
Except as otherwise provided for in these specifications and in the Contractor's Bond, the
Contractor's responsibility on this contract shall continue until final acceptance of the Work
by the Owner, such acceptance to be made promptly after final completion of the Work, and
thereafter until all obligations contained in such contract shall have been fully performed by
the Contractor, according to the terms of the contract.
6,0 LABOR
None but competent labor shall be employed on this Work. Wherever mechanical work is
required, it shall be performed by skilled labor,
The foreman or other person directing the Work shall be competent, sober, and reliable, and
shall extend every facility to the Owner to enable himlher to properly discharge his/her
duties, and shall furnish such help as may be necessary to facilitate the inspection of
materials.
The Owner reserves the right to require the removal of any particular worker or workers on
the job, if in the judgment of the Owner, it shall be for the best interests of the Work that
such particular worker or workers be removed.
I The Contractor will not be allowed added compensation for any work performed on
Saturdays, Sunday or Legal Holidays.
7.0 DISCRIMINATION ON ACCOUNT OF RACE. CREED OR COLOR. RELIGION.
NATIONAL ORIGIN. DISABILITY. MARITAL STATUS. STATUS WITH REGARD TO
PUBLIC ASSISTANCE. SEX OR AGE.
The Contractor hereby agrees:
7.1 That in the hiring of common or skilled labor for the performance of any work under
the contract, or any subcontract, no contractor, material supplier, or contractor, shall,
by reason of race, creed or color, religion, national origin, disability, marital status,
status with regard to public assistance, sex or age, discriminate against any person or
persons who are citizens of the United States or resident aliens who are qualified and
available to perform the work to which such employment relates;
7.2 That the Contractor, material supplier, or contractor shall not in any manner,
discriminate against, or intimidate, or prevent the employment of any person or
persons identified in 7.1 above, or on being hired, prevent, or conspire to prevent any
such person or persons from the performance of work under any contract on account
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of race, creed or color, religion, national origin, disability, marital status, status with
regard to public assistance, sex or age;
7.3 The Contractor shall furnish all information and reports required by Owner or by
Executive Order No. 11246 and Revised Order No.4, and by the applicable rules and
regulations ofthe State or Federal government to ascertain compliance with the
provisions of this Article;
7.4 That violation of this section shall be a misdemeanor; and
7.5 That this contract may be canceled or terminated by the City, and all money due, or to
become due under this Contract, may be forfeited, for a second or any subsequent
violation of the terms or conditions of this Article. (Minn. Stat, Sect. 181.59 and
Chapt. 363).
8.0 ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any principal construction contract or any part thereof or
of the funds to be received there under by the Contractor, will be recognized unless such
assignment has had the written approval of the Owner, and the surety has been given due
notice of such assignment and has furnished written consent thereto. In addition to the usual
recitals in assignment contracts, the following language must be set forth:
"It is agreed that the funds to be paid to the assignee under this assignment are subject to a
prior lien for services rendered or materials supplied for the performance of the Work called
for in said contract in favor of all persons, firms or corporations rendering such services or
supplying such materials.
9,0 SUBCONTRACTS
The Contractor shall. as soon as practicable after signing of the contract. notify the Owner in
writing of the names of Subcontractors. if any. proposed for the principal parts of the Work
and he/she shall not emplov any that the Owner may within a reasonable time obiect to as
incompetent or unfit. All Subcontractors shall be bound by the terms of all the contract
documents, but nothing contained in the contract documents shall create any contractual
relation between any Subcontractor and the City.
10.0 INSURANCE
No Contractor or Subcontractor shall commence work under this contract until he/she has
obtained at hislher own cost and expense, all insurance required by this Article, such
insurance and the insurance companies to be approved by the City and maintained by the
Contractor or Subcontractor, as the case may be, until final completion of the Work.
10.1 Worker's Compensation. Unemployment Compensation and
Employer's Liability Insurance
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The Contractor shall take out and maintain for the duration of this contract Worker's
Compensation Insurance, Unemployment Compensation Insurance and Employer's
Liability Insurance as required under the laws of the State of Minnesota.
10.2 General Liability Insurance
10.2.1
Public Liability Insurance
The Contractor shall take out and maintain during the life of this
contract such public liability and Property Damage Insurance as shall
protect him/her from all claims for bodily injury including accidental
death as well as from all claims for Property Damage arising from
operations under this contract.
The minimum limits which are required are: $1,000,000.00 in the
aggregate for injuries including accidental death to anyone person, for
injuries including accidental death resulting from one accident and for
property damage,
Such policy shall include coverage for:
Injury to or destruction of any property arising out of the collapse of/or
structural injury to any building or structure due:
To grading of land, excavation, borrowing, filling, backfilling,
tunneling, pile driving, cofferdam work or caisson work, or,
To moving, shoring, underpinning, raising or demolition of any
building or structure removal or rebuilding of any structural support
thereof.
Injury to or destruction of wires, conduits, sewers, pipes, mains, or
other similar property, or any apparatus in connection therewith, below
the surface of the ground, if such injury or destruction is caused by or
occurs during the use of mechanical equipment for the purpose of
grading of land, paving, excavation or drilling, or injury to or
destruction of property at any time resulting there from.
10.2.2
Automobile Insurance
The Contractor shall carry Automobile Insurance on all automotive
equipment owned, rented or borrowed in the minimum amounts of
$1,000,000.00 in the aggregate for injuries including accidental death
to anyone person, for injuries including death resulting from anyone
accident, and for property damage.
10.2.3
Owner's Protective Liability and Property Damage Insurance
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The Contractor shall provide Owner's Protective Liability and Property
Damage Insurance in the name of the City and the Owner, insuring
against bodily injury and property damage liability in the limits set
forth above for which they may become legally obligated to pay as
damages sustained by any persons, caused by accident and arising out
of operations performed for the named insured by independent
contractors and general supervision thereof. In lieu of Owner's
Protective Liability and Property Damage Insurance the Contractor
shall list the City as an Additional Insured per the attached Exhibit C.
10.2.4
Indemnity
The Contractor agrees to hold harmless and indemnify the City, and its
officers, officials, employees and agents, including without limitations,
the Owner, from every claim, action, cause of action, liability,
damage, expense or payment incurred by reasons of any bodily injury
including death, or property damage attributable to the negligence or
otherwise wrongful act or omission, including without limitation,
breach of a specific contractual duty, of the Contractor or the
Contractor's agents or employees, or of anyone for whose acts any of
them may be liable. Claims against Contractor for failure to obtain
and keep in force the insurance required by this Contract shall not be
limited by the provisions of the immediately preceding sentence.
(Minn. Stat. Ch. 337).
10.3 Builder's Risk-Fire and Extended Coverage Insurance
If the nature of the entire installation or portion thereof, is such that it is insurable
against the perils of fire, extended coverage, vandalism and malicious mischief, such
insurance shall be procured and maintained by the Contractor on behalf of Contractor,
the City and the Contractor's Subcontractors, on a completed value form,
10.4 Evidence of Insurance
Insurance certificates evidencing that the above insurance is in force with companies
acceptable to the City and in the amounts required shall be submitted to the City Clerk
for examination and approval concurrently with the execution of the contract, after
which they shall be filed with the City Clerk. In addition to the normal information
provided on the insurance certificates, each shall specifically provide that:
10.4 .1
A policy will not be modified or canceled except upon ten day's prior
written notice to the City.
10.4.2
Coverage is included for blasting, collapse and underground hazards,
and
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10.4,3
The contractual liability hazard has been insured,
11.0 DEFENSE OF CLAIMS OR SUITS
The Contractor shall indemnify and hold harmless the Owner and all of its officers, officials,
agents, and employees, including, without limitation, the Owner, from any and all loss,
damages, expense, including cost and expense and attorney's fees of litigation arising from all
suits, actions, or claims of any character, name and description, brought for, or on account of
any injuries or damages received or sustained by any person, or persons or property by or
from the said Contractor or by or in consequence of any neglect in safeguarding the Work, or
through the use of unacceptable materials in constructing the Work or by or on account of
any act or omission, neglect or misconduct of said Contractor, or by or on account of any
claims or amounts recovered for any infringement of patent, trademark or copyright, or from
any claims or amounts arising or recovered under the "Worker's Compensation Law", or any
other law, bylaw, ordinance, order or decree and so much of the money due the said
Contractor under and by virtue of his/her Contract as shall be considered necessary by the
Owner may be retained for the use of said Owner, or in case no money is due his/her surety
shall be held until such suit or suits, action or actions, claim or claims, for injuries or
damages, as aforesaid shall have been settled and suitable evidence to that effect furnished to
the Owner.
The authorized use by the Contractor of public or private property for any purpose may be
considered an injury or damage to the property so used.
No moneys, payable under the Contract Documents, or any part thereof except the estimate
for the first month or period shall become due and payable, if the Owner so elects, until the
Contractor shall satisfy Owner that he has made a satisfactory settlement for all materials and
equipment used in or upon and labor done for the Work for the then preceding month.
12.0 COMPLIANCE WITH LAWS. BUILDING CODES AND REGULATIONS
The Contractor and Bidder is assumed to have made himself/herself familiar with all Codes,
State Laws, Ordinances and Regulations which in any manner affect those engaged or
employed in the Work, or the materials or equipment used in or upon the improvement, or in
any way affect the conduct of the Work and no pleas of misunderstanding will be considered
on account of the ignorance thereof, The provisions of such codes, laws or ordinances are
deemed to be a part of these specifications and the Contractor will be bound by the provisions
thereof. Such provisions include, but are not limited to those in Article 65 hereof relating to
State Aid funded projects.
The Contractor shall and also by a Surety agree to indemnify and hold harmless the Owner
and all of its officers, agents, and servants against any claim or liability arising from or based
on the violation of any such law, ordinance, regulation or decrees, whether by the Contractor
or his employees.
If the Contractor shall discover any provisions in the Plans, Contract, or these Specifications
or any direction of the Owner or Inspector which is contrary to or inconsistent with any such
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law, ordinance, regulation or decree, he/she shall forthwith report its inconsistency to the
Owner in writing.
18.0 PROSECUTION OF WORK
All dealings of the Owner will be with the Contractor. No Work shall be started until the
Contract has been executed.
Definite notice of intention to start work shall be given to the Owner at least five (5) days in
advance of beginning the Work. Such starting time shall be within ten (10) calendar days
after the date of receipt by Contractor of notice to proceed given by the Owner, The official
starting time shall be taken as the date on which the Contractor is notified by the Owner that
he/she has fulfilled all preliminary requirements of the Owner. The official completion date
will be calculated from the number of calendar days between the starting date and the
completion date or time allowed for completion, using the official starting date as
hereinbefore defined. Should the prosecution of the Work for any reason be discontinued
temporarily, by the Contractor, with the consent ofthe Owner, he/she shall notify the Owner
at least twenty four (24) hours before again resuming operations,
The Contractor shall submit, at such times as may reasonably be requested by the Owner,
schedules which shall show the order in which the Contractor proposes to carry on the Work,
with dates at which the Contractor will start the several parts of the Work, and estimated
dates of completion of the several parts. If deemed necessary by the Owner, he/she shall have
the right to change such schedule of operation as required.
The Work shall be prosecuted in such manner as to insure its completion within the time set
for it in the contract. In case of failure to prosecute the Work in such a manner as to insure
its completion within the date specified, the Owner shall have the right to require the
Contractor to place in operation such additional force and equipment as is deemed necessary.
19,0 SUPERINTENDENCE AND SUPERVISION
The Contractor shall keep on the Work during its progress a competentjobsite foreman and
any necessary assistants, all satisfactory to the Owner. The foreman shall not be changed
except with the consent of the Owner unless the foreman proves unsatisfactory to the
Contractor and ceases to be in his employ. The foreman shall represent the Contractor in his
absence, and all directions given to him/her shall be as binding as if given to the Contractor.
Important directions shall be confirmed in writing to the Contractor, Other directions shall
be so confirmed on written request in each case,
The Contractor shall give efficient supervision to the Work, using his/her best skill and .
attention, shall carefully study and compare all drawings, specifications and other instructions
and shall at once report to the Owner any error, inconsistency or omission which he/she may
discover, but he/she shall not be held responsible for their existence or discovery.
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The Contractor will be supplied, by the Owner, copies of the Plans and Specifications,
He/she shall have said Plans and Specifications available on the Work, at all times, during the
prosecution of the Work. He/she shall give the Work his/her constant attention to facilitate
the progress thereof and shall cooperate with the Owner in setting and preserving stakes,
bench marks, etc., and in all other things that are necessary for satisfactory completion of the
Work contemplated,
22.0 CITY PROJECT MANAGER'S STATUS
The City Project Manager shall have general supervision and direction of the Work. He/she
is the agent of the Owner only to the extent provided in the contract documents and as
authorized by the law. He/she has authority to stop the Work whenever such stoppage may
be necessary to insure proper execution of the contract. He/she is recognized by both parties
to the contract as the interpreter of the contract documents. He/she shall, within a reasonable
time, make decisions on all claims of the Owner, or the Contractor, on all matters relating to
the execution and progress of the Work, or the interpretation of the contract documents. The
Owner shall decide any and all questions as to quality of material furnished for the Work, and
shall decide all questions regarding the interpretations of specifications or plans relating to
the Work, and shall determine the amount and quantity of the several kinds of work
performed, and materials furnished, which are to be paid for under the contract. Any work
not specifically specified on the plans, but which may be fairly implied, or understood, as
included in the contract, shall be done by the Contractor without extra charge, and the Owner
shall be permitted to make such corrections and interpretations as may be deemed necessary
for the fulfillment to the extent of the plans and specifications, In the case of any discrepancy
occurring between the plans and specifications, the decision of the Owner is final.
23.0 SUSPENSION AND RESUMPTION OF WORK
23.1 The Owner shall have the authority to suspend the Contractor's operations wholly or
in part for such period of time as he/she may deem necessary because of unsuitable
weather or other conditions which he/she considers unfavorable for the prosecution of
the Work, or because of the non-completion of work being done under other contracts
on the same construction; or for such time as may be necessary because of the failure
of the Contractor to comply with the provisions of the contract. Such "Suspension of
Work Order" shall be in writing and will state the reason for such suspension, the
effective date, and the operations suspended. Any work done by the Contractor
contrary to such "Suspension of Work Order" shall be considered as unauthorized
work and as having been done at the expense of the Contractor.
23.2 No operations which have been suspended by a "Suspension of Work Order" shall be
resumed until the Owner has issued a "Resumption of Work Order", The order to
resume operations will be issued when, in the opinion of the Owner, the conditions
which justified the suspension no longer exist. This order shall be in writing and will
state the reason for ordering such resumption, the effective date, and the operations to
be resumed.
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23.3 If it should become necessary to suspend operations for any indefinite period, the
Contractor shall, before leaving the project, store all materials and equipment in such
a manner as will not obstruct or impede the traveling public. He/she shall take every
precaution to prevent damage or deterioration of the Work performed, shall provide
suitable drainage of the area and shall erect temporary structures where necessary,
23.4 The Owner shall also have the authority to order the resumption of any operations
which may have been suspended by the Contractor.
Such "Resumption of Work Order" shall be in writing and will state the reason for
ordering such resumption, the effective date, and the operations to be resumed.
Working days will be counted from the effective date of such order whether or not the
Contractor resumes his operations as ordered.
24.0 INSPECTION OF WORK
The Owner and his/her representatives shall at all times have access to the Work wherever it
is in preparation or progress, and the Contractor shall provide proper facilities for such access
and for inspection.
An inspector may be stationed on the Work to report to the Owner as to the progress of the
Work and the manner in which it is performed, also to report when it appears that the
materials furnished, or the Work performed by the Contractor fail to fulfill the requirements
of the contract and to call to the attention of the Contractor any such failure or infringement.
In case of any dispute arising between the Contractor and the Inspector as to the material
furnished, or the manner of performing the Work, the Inspector shall have the authority to
reject materials or suspend the Work until such matter can be referred to, and decided by the
Owner. No advice which the Inspector may give the Contractor shall be construed as binding
upon the Owner nor will such advice release the Contractor from the fulfillment of the terms
ofthe contract. Ifthe specifications, the Owner's instructions, laws, ordinances, or any public
authority require any work to be specially tested or approved, the Contractor shall give the
Owner timely notice of its readiness for the inspection, and if the inspection is by another
authority than the Owner, of the date fixed for such inspection, Inspections by the Owner
shall be promptly made and where practicable at the source of supply. If any work shall be
covered up without approval or consent ofthe Owner, it must, if required by the Owner, be
uncovered for examination at the Contractor's expense,
Re-examination of questioned work may be ordered by the Owner, and if so ordered, the
Work must be uncovered by the Contractor. If such work be found in accordance with the
contract documents, the Owner shall pay the cost of re-examination and replacement. If such
work is found not in accordance with the contract documents, the Contractor shall pay such
cost unless he/she shall show that the defect in the work was caused by another Contractor, in
which event the Owner shall pay the cost.
25.0 DEFECTIVE WORK
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All work not conforming to the requirements of these Specifications shall be
considered as defective and will be rejected. The Contractor shall remove and renew
or repair all such defective work as ordered, in writing, by the Owner,
Should the Contractor fail, or refuse to remove or renew any defective work performed
previously, or to make any necessary repairs in an acceptable manner and in accordance with
the requirements of these Specifications, within the time indicated in writing, the Owner shall
have the authority to cause the unacceptable or defective work to be removed and renewed or
repaired at the Contractor's expense. Any expense incurred by the Owner in making these
removals, renewals, or repairs, which the Contractor has failed or refused to make shall be
paid for out of any moneys due or which may become due the Contractor. Continued failure
or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully
and in acceptable manner shall be sufficient cause for the Owner at his/her option, to
purchase materials, tools and equipment, and employ labor or to contract with any other
individual, firm or corporation to perform the Work. All costs and expenses incurred thereby
shall be charged against the Contractor, and the amount thereof deducted from any moneys
due or which may become due him/her under this contract. Any work performed, as
described in this paragraph, shall not relieve the Contractor in any way from his responsibility
for the Work performed by him/her.
The Owner shall also have authority to take over and use defective work without
compensation to the Contractor when the Contractor fails or refuses to rebuild such faulty
work.
29.0 DAMAGE TO EXISTING IMPROVEMENTS
All damage done to existing improvements during the progress of this improvement shall be
repaired by the Contractor under the direction of the Owner. Such repairs shall be made
according to the requirements of the standard specifications of the City for the various types
of improvements or classes of work required.
The Contractor shall be entirely responsible for the protection of all improvements that are
not designated by the Owner to be removed for proper construction of the project.
32,0 WORKING HOURS AND NIGHT WORK
No equipment shall be started prior to 7:00 a,m, each morning or run later than 7:00 p.m.
each night.
Work shall be done at night only in the case of emergency and only upon the direction of the
Owner. The Owner has the right to order work to be carried on at night, if in his opinion, it is
for the best interest of the City. Work performed after dark shall be adequately illuminated,
and suitable and sufficient lighting facilities shall be provided for this work. No extra
compensation will be allowed the Contractor for work under this item.
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33.0 NOISE ELIMINATION
The Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressors shall be equipped with silencers and the exhausts of all gasoline motors or other
power equipment shall be provided with mufflers.
37,0 FAILURE TO COMPLETE WORK ON TIME
The Contractor guarantees that he can and will complete the work with in the time limit
stated in the Agreement, or within the time as extended as provided elsewhere in the contract
documents. Inasmuch as the damage and loss to the Owner which will result from the failure
of the Contractor to complete the Work within the stipulated time, will be most difficult or
impossible of accurate assessment, the damage to the Owner for such delay and failure on the
part of the Contractor shall be liquidated at a daily rate in an amount as specified in the
Special Conditions for each calendar day, Sundays and holidays excluded, by which the
Contractor shall fail to complete the work or any part thereof in accordance with the
provisions hereof.
Such liquidated damages shall not be considered as a penalty but as the extra cost of field,
office coordination and inspection, The owner will deduct and retain out of any money due
or become due hereunder the amount of liquidated damages, and in case those amounts are
less than the amount of liquidated damages the Contractor shall be liable to pay the difference
upon demand.
Permitting the Contractor to continue and finish the Work or any part of it after the time fixed
for its completion, or after the date to which the time for completion may have been
extended, shall in no way operate as a waiver on the part of the Owner of any of its rights
under the contract.
Neither by the taking over of the Work by the Owner, nor by the termination ofthe contract,
shall the Owner forfeit the right to recover liquidated damages from the Contractor or his
Surety for failure to complete the contract.
38,0 DELAYS AND EXTENSION OF TIME
If the Contractor be delayed at any time in the progress of the Work by any act or neglect of
the Owner or Owner or any employee of either, or by any other Contractor employed by the
Owner, or by changes ordered in the Work, or by strike, fire, unusual delay in transportation,
unavoidable casualties or other causes beyond the Contractor's control, or by any cause which
the Owner shall decide to justify the delay, then the time of completion shall be extended for
such reasonable time as the Owner may decide, and the decision of the Owner shall be
binding on both parties and shall not be arbitrary or unreasonable. No such extension shall be
made for delay unless claim therefore is made in writing to the Owner within seven (7) days
after the period of delay shall have commenced, The Contractor shall not be entitled to
extension of time for each one of several causes of delay operative concurrently, but only for
the actual period of delay. The Contractor shall have no claim for damages against the
Owner for delay in performance of the contract due to any act or omission of the Owner or
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any of its representatives, and his sole remedy on account thereof shall be his right to apply to
the Owner for extension of time as provided herein.
39.0 UNAUTHORIZED WORK
39.1 Except as otherwise provided in the contract, work done without lines or elevations
being given or with materials which have not been given the required inspection may
be considered as unauthorized work and as having been done at the expense of the
Contractor. Compensation for such work will be made only in the event that the
Owner determines it to be acceptable to the City. Any work which may be done by
the Contractor prior to the approval of the contract may be considered as unauthorized
work and as having been done at the expense of the Contractor. Compensation for
such work will be made only in the event that the contract is approved and the Owner
determines the work to be acceptable to the City.
39.2 Any work done which is not specified in the contract and which is not ordered by the
Owner to be done in writing, and any work done by the Contractor contrary to the
terms of any "Suspension of Work Order" issued by the Owner will be considered as
unauthorized work and will not be measured or paid for by the City. Any
unauthorized work may be ordered removed and replaced at the Contractor's expense.
40,0 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS
No deviation from the plans for the Work or the approved working drawings of the structures
will be permitted without the written order of the Owner.
41.0 COORDINATION OF PLANS AND SPECIFICATIONS
The Contractor shall take no advantage of any apparent error, inconsistency or omission in
the Contract documents or the Plans and Specifications, but the Owner shall be permitted to
make such corrections and interpretations as may be deemed necessary for the fulfillment of
the intent of the Contract documents and the Plans and Specifications.
Any Work not herein or on the plans specifically specified but which may be fairly implied or
understood as included in the Contract, shall be done by the Contractor without extra charge.
Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using the
best class of work or materials.
In the case of any discrepancy between the scale and figures on all plans, drawings, etc., the
figured dimensions shall govern.
In the case of any discrepancy between the quantities shown in the proposal and those shown
on the plans, the plans shall prevail. In case any other discrepancy occurs between the plans
and these Specifications, the decision of the Owner shall be decisive thereon.
42,0 CONTRACTOR'S RIGHT TO REQUEST CHANGES
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If the Contractor shall discover prior to or during construction any thing in the plans or
specifications or in supplementary directions by the Owner which in the opinion of the
Contractor appears to be faulty Ownering or design, he shall forthwith advise the Owner in
writing of the particulars. It is understood and agreed that, if no objection is raised by the
Contractor under the provisions of this paragraph, the Contractor waives any right to contest
the provisions of his Contract on the basis of faulty engineering or design.
43.0 ALTERATIONS OF PLANS OR CHARACTER OF WORK
The Owner is given the right as the Work progresses, to make such alterations in the plans or
in the character of the Work as may be considered necessary or desirable, in order to
complete fully and perfect the construction of the Work. Such changes shall in no way
invalidate the contract. The Contractor will be informed in writing of all or any such
alterations in character of work, before being ordered to perform such work, After receipt of
such notice, the Contractor will be given a reasonable length of time to accept or to protest
the performance of work covered by such alterations. Should the Contractor, after having
been notified and before any agreement has been reached, perform any of the Work covered
by such alterations, it will be construed that he has accepted such alterations of the Work.
The plans and specifications show the Work to be performed. Construction conditions may
require that minor changes be made in location and installation of the Work and equipment to
be furnished and other work to be performed hereunder and the Contractor when ordered by
the Owner shall make such adjustments and changes in said locations and work as may be
necessary without additional charge, provided such adjustments and changes do not alter the
character, quantity or cost of the Work as a whole and provided further the plans and
specifications showing such adjustments and changes are furnished the Contractor by the
Owner within a reasonable time and before any work involving such adjustments and
changes is made.
44.0 INCREASED OR DECREASED QUANTITIES OF WORK
The Owner is given the right to increase or decrease any or all items specified in the Contract
Documents including the elimination of one or more of such items.
Such changes shall not invalidate the Contract or any Contract Document.
No allowance or payment for anticipated profits will be made for decreased or eliminated
items. For purposes of this Article "items" means any specifically described unit of work for
which a price is provided in the Contract Documents.
45.0 CHANGES IN THE WORK
The Owner, to the extent authorized by law, may order and direct extra work or make
changes in the Work by altering, adding to, or deducting from the Work without invalidating
the Contract, and the contract sum will be adjusted accordingly. No such order for extra
work or change shall be valid unless authorized by the Owner and communicated to the
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Contractor in writing. All such work shall be executed under the conditions of the original
contract, except that any claim for extension of time caused thereby shall be adjusted at the
time of ordering such change.
The value of any authorized extra work or change shall be determined for purpose of
compensating the Contractor in one or more of the following ways:
45.1 By unit prices named in the contract wherever such unit prices are applicable to the
extra work or change.
45.2 By an acceptable lump sum proposed from the Contractor and accepted in writing by
the Owner.
45.3 Where 45.1 does not apply and Owner and Contractor cannot agree, then
by force account paid for in the following manner:
45.3.1
45.3.2
45.3.3
45.3.4
For all labor and foreman in direct charge of the specific work, the
Contractor will receive the actual wages paid for each and every hour
that said labor and foreman are actually engaged in such work, plus the
cost of bond, insurance, and taxes allowable to such wage cost, to
which cost shall be added 15% of the sum thereof. No charge shall be
made by the Contractor for organization or overhead expenses.
For all materials used, the Contractor will receive the actual cost of
such materials including freight charges as shown by original receipted
bills, to which cost shall be added ten percent (10%) of the sum thereof.
Where materials are not specifically purchased for "Force Account"
work, but are taken from the Contractor's stock, the Contractor shall
submit an affidavit of the quantity, price and freight on such materials
in lieu of original bills, and invoices. This affidavit shall be approved
by the Owner.
For any machinery, trucks, or equipment including fuel and lubricants,
which it may be deemed necessary or desirable to use, the Contractor
will receive a reasonable rental price, for each and every hour that said
machinery, trucks and equipment are in use on such work, and to
which sum no percentage will be added. Such rental price shall not
exceed the rates established by the A.G.C. for this district for
comparable rentals and shall be subject to the Owner's approval.
The compensation as herein provided shall be received by the
Contractor as payment in full for work done by "Force Account" and
said fifteen percent (15%) for labor and said ten percent (10%) for
materials shall be agreed to cover profit, superintendence, general
expense, over head, bond premiums, insurance and the use of small
tools and equipment for which no rental is allowed.
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45.3.5
The Contractor or his representative and the Owner or his
representative shall compare records of work on a "Force Account"
basis at the end of each day. Copies of the records shall be made in
triplicate on Force Account forms, provided for this purpose by the
Owner and signed by both parties. To all such claims for Force
Account work, the Contractor shall attach receipted bills for, or
affidavits of materials used and freight receipts covering freight on
such materials used, and said claims shall be presented to the Owner
for payment not later than the fifth (5th) day of the month following
that in which the work was actually performed and shall include all
labor charges and material charges insofar as they can be verified,
45.4 Should the Contractor refuse or fail to execute the extra work or change as ordered
and directed, or to submit his claim as required, the Owner may withhold payment of
all current estimates until the Contractor's refusal or failure is eliminated, or after
giving the Contractor due notice the Owner may make payment for said work on a
basis of a reasonable estimate of the value of the extra work or change performed,
46,0 CLAIMS AND PROTESTS
If the Contractor claims any instructions by drawings or otherwise to be unfair or involve
extra cost under this contract for which he would claim extra compensation, he shall give the
Owner written notice thereof within a reasonable time after the receipt of such instructions,
and in any event before proceedings to execute the work, except in emergency endangering
life or property, and the procedure shall then be as provided for changes in the Work. No
such claim will be valid unless so made.
47.0 THE RIGHT OF THE OWNER TO DO THE WORK
If the Contractor should neglect to prosecute the Work properly, or fail to perform any
provision of the contract, the Owner after three (3) days written notice to the Contractor, may
without prejudice to any other remedy the Owner may have, make good such deficiencies and
may deduct the cost thereof from the payment then or thereafter due the Contractor, provided,
however, that the Owner shall approve both such action and the amount charged to the
Contractor,
48.0 RIGHT OF THE OWNER TO DECLARE CONTRACTOR IN DEF AUL T
In addition to those instances specifically referred to in other articles herein, the Owner shall
have the right to declare the Contractor in default of the whole or any part of the Work if:
48.1 The Contractor becomes insolvent; or if
48.2 The Contractor makes an assignment for the benefit of creditors pursuant to the
statutes of the State of Minnesota; or if
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48.3 A voluntary or involuntary petition in bankruptcy be filed by or against the
Contractor; or if
48.4 The Contractor fails to commence work when notified to do so by the Owner; or if
48.5 The Contractor shall abandon the Work; or if
48.6 The Contractor shall refuse to proceed with the Work when and as directed by the
Owner; or if
48.7 The Contractor shall without just cause reduce his working force to a number which,
if maintained, would be insufficient, in the opinion of the Owner, to complete the
Work in accordance with the approved Progress Schedule, and shall fail or refuse
sufficiently to increase such working force when ordered to do so by the Owner; or if
48.8 The Contractor shall sublet, assign, transfer, conveyor otherwise dispose of his
contract other than as herein specified; or if
48.9 A receiver or receivers are appointed to take charge of the Contractor's property or
affairs; or if
48.10 The Owner shall be of the opinion that the Contractor is or has been willfully or in
bad faith violating any of the provisions of this contract; or if
48.11 The Owner shall be of the opinion that the Contractor is or has been unnecessarily or
unreasonably or willfully delaying the performance and completion of the Work; or
the award of necessary subcontracts, or the placing of necessary material and
equipment orders; or if
48.12 The Owner shall be of the opinion that the Work cannot be completed within the time
herein provided therefore or within the time to which such completion may have been
extended; provided, however, that the impossibility of timely completion is in the
Owner's opinion, attributable to conditions within the Contractor's control; or if
48.13 The Owner shall be of the opinion that the Contractor is not or has not been executing
the contract in good faith and in accordance with its terms; or if
48.14 The Work is not completed within the time herein provided therefore or within the
time to which the Contractor may be entitled to have such completion extended.
Before the Owner shall exercise its right to declare the Contractor in default by reason
of the conditions set forth in items 48.1, 48.4, 48.5, 48.6, 48.7, 48.10, 48.11, 48.12,
48.13, and 48.14, he shall give the Contractor an opportunity to be heard, on two days'
notice, at which hearing the Contractor may have a stenographer present; provided,
however, that a copy of such stenographic notes, if any, shall be furnished to the
Owner.
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49.0 EXERCISE OF THE RIGHT TO DECLARE IN DEFAULT
The right to declare in default for any of the grounds specified or referred to in Article 48
thereof, shall be exercised by sending the Contractor a notice, signed by the Owner, setting
forth the ground or grounds upon which such default is declared.
50.0 QUITTING THE SITE
Upon receipt of such notice the Contractor shall immediately discontinue all further operation
under this contract and shall immediately quit the site, leaving untouched all plant materials,
equipment, tools and supplies then on the site.
51.0 COMPLETION OF THE WORK AFTER DEFAULT
The Owner, after declaring the Contractor in default, may then have the Work completed by
such means and in such manner, by contract with or without public letting, or otherwise, as it
may deem advisable, utilizing for such purpose such of the Contractor's plant, materials,
equipment, tools, and supplies remaining on the site, and also such subcontractors as it may
deem advisable.
After such completion, the Owner shall make a certificate stating the expenses incurred in
such completion, which shall include the cost of reletting and also the total amount of
liquidated damages (at the rate provided for in the Special Conditions) from the date when
the Work should have been completed by the Contractor in accordance with the terms hereof
to the date of actual completion of the Work. Such certificate shall be binding and
conclusive upon the Contractor, his Sureties, and any person claiming under the Contractor,
as to the amount thereof,
The expense of such completion, as so certified by the Owner shall be charged against and
deducted out of such moneys as would have been payable to the Contractor, if he had
completed the Work; the balance of such moneys, if any, subject to the other provisions of
this contract, to be paid to the Contractor without interest after such completion. Should the
expense of such completion, so certified by the Owner, exceed the total sum which would
have been payable under this contract if the same had been completed by the Contractor, any
such excess shall be paid by the Contractor to the Owner upon demand.
52.0 PARTIAL DEFAULT
In case the Owner shall declare the Contractor in default as to a part of the Work only, the
Contractor shall discontinue such part, shall continue performing the remainder of the Work
in strict conformity with the terms of the contract, and shall in no way hinder or interfere with
any other Contractors or persons whom the Owner may engage to complete the Work as to
which the Contractor was declared in de fault.
The provisions of the clauses herein relating to declaring the Contractor in default as to the
entire Work shall be equally applicable to a declaration of partial default except that the
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Owner shall be entitled to utilize for completion of the part of the Work as to which the
Contractor was declared in default only such plant, materials, equipment, tools, and supplies
as had been previously used by the Contractor on such part.
53,0 SCOPE OF PAYMENT
The Contractor shall receive and accept the compensation as herein provided, in full payment
for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits, bonds,
etc., and for performing all Work contemplated and embraced under the Contract, also for all
loss or damage arising out of the nature of the Work, or from the action of the elements, until
its final acceptance by the Owner, and for all risks connected with the prosecution of the
Work, also for all expenses incurred by, or in consequence of, the suspension or
discontinuance of said prosecution of the Work as herein specified and for completing all of
the Work embraced in the Contract.
The Contractor shall under this contract price furnish and pay for all material and incidental
work, furnish all accessories, and do every thing which may be necessary to carry out the
contract in good faith, which contemplates everything completed, in good working order, of
good material with accurate workmanship.
54.0 MEASUREMENTS
Before ordering any material or doing any of the Work, each Contractor shall verify all
measurements and shall be responsible for the same.
No extra charge or compensation will be allowed on account of difference between actual
dimensions and measurements indicated on the drawings; any difference which may be found
shall be submitted to the Owner for consideration before proceeding with the Work.
U,S. Standard Measures will be used in the measurement of all work acceptably completed
and such measurements will be used as a basis for the computation of the quantities of work
performed. Linear measurements will be taken on all work except structures which will be
measured according to the neat lines shown on the plans or as ordered. Where work is to be
paid for by units of length, area, volume or weight, only the net amount of work actually
done, as it shall appear in the finished Work and measured as hereinafter specified shall be
paid for, local customs to the contrary not withstanding, For the estimating of quantities in
which the computation of areas by geometric methods would be comparatively laborious, it is
stipulated and agreed that the planimeter shall be considered an instrument of precision
adapted to the measurement of such areas,
55.0 APPLICATION FOR PAYMENTS
The Contractor shall submit to the Owner an application for each payment verified as
required by law for claims against the Owner, and, if required, receipts or other vouchers
showing his payments for materials and labor including payments to subcontractors.
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Application for progress payments authorized by the contract shall be submitted by the 5th
day of the month following the month for which payment is requested, and, if required, the
Contractor shall before the first application, submit to the Owner a schedule of values of the
various parts of the Work, including the quantities, aggregating the total sum of the contract
divided so as to facilitate payments to subcontractors, made out in such form and supported
by such evidence as to its correctness as the Owner may direct.
In applying for payments the Contractor shall submit a statement based upon this schedule,
supported by such evidence as the Owner may direct, showing his right to payment claimed.
Payment claimed on account of materials delivered and suitably stored at the site, but not
incorporated in the Work, shall, if required by the Owner, be conditioned upon submission by
the Contractor of bills of sale, or such procedure as will establish the title of the Owner to
such material, or otherwise adequately protect the interest of the Owner, The Owner will
examine claims for payment promptly, and his determination of the amount due on progress
payment will be final.
56.0 PARTIAL PAYMENTS
56,1 Provisions Applicable to All Contractors:
Unless payments are withheld by the Owner for reasons hereinbefore stated, or as
stated in 56.3 of this Article, payment will be made at least once a month on a basis of
ninety-five (95%) of the Work done, provided the Work is progressing to the
satisfaction ofthe Owner, The last partial payment of the year for projects may have
the retainage reduced to zero if Owner determines project as progressing satisfactorily
(Minn. Stat. Sec. 15.71-15.74).
Monthly estimates may include the value of acceptable materials required in the
construction, which have been delivered on the site of the Work, and for which
acceptable provisions have been made for their preservation and storage. From the
total value of the materials so reported, five percent (5%) will be retained. Such
material, when so paid for by the Owner, shall become the property of the Owner, and
in the event of the default on the part of the Contractor, the Owner may use or cause
to be used such materials in the construction of the Work provided for in the contract.
The amount thus paid by the Owner for materials shall go to reduce estimates due the
Contractor as the material is used in the Work.
Vouchers will be passed for payment by the Owner not later than the third Monday of
the following month, unless delayed by requirements for examination or auditing by
other authorities.
If Contractor desires retainage to be paid to Contractor, the provisions of Minn. Stat.
Sec. 15.73 shall be complied with.
56.2 Additional Withholding ofPavrnents to Non-Resident Persons or
Foreign Corporations
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Owner is required by Minnesota law (See, 290,9705) to withhold eight percent (8%)
of every payment to any non-resident person or foreign corporation as defined in
Minnesota Statutes, Section 290.01, subd. 5 if the contract is entered into after
December 31, 1989, and if the contract exceeds or can reasonably be expected to
exceed $100,000.00. The withheld amount, by law, will be deposited with the State
of Minnesota as a surety to guarantee payment of income, franchise, withholding, and
sales and use taxes of the Contractor. A waiver ofthe withholding requirement may
be obtained by the Contractor from the Commissioner of Revenue of the State of
Minnesota (See, 290.9705, subd. 3).
Therefore, (i) if this contract is entered into after December 31, 1989, and (ii) if the
contract exceeds, or if Owner expects this contract to exceed, $100,000.00, and (iii) if
Contractor is a non-resident person or a foreign corporation, and (iv) if Contractor
does not obtain a waiver from the Commissioner of Revenue of the State of
Minnesota, then Owner shall also withhold, in addition to all other withholdings made
by Owner, an amount equal to eight percent (8%) of every payment to Contractor, and
will deposit such eight percent (8%) with the State of Minnesota, pursuant to law,
City shall have no liability or obligation to Contractor hereunder for such withheld
amount except to deposit it with the State of Minnesota pursuant to law.
Any waiver obtained by Contractor from the Commissioner of Revenue of the State
of Minnesota shall be delivered to Owner, but it is understood and agreed that any
payments made by Owner within ten (10) days of actual receipt by Owner of such
waiver may yet have such extra eight percent (8%) withheld and deposited with the
State of Minnesota and Contractor shall look only to and apply to the State of
Minnesota for a refund thereof, and the City shall have no obligation for any sum so
withheld or deposited,
56.3 No Contract Bond. No Partial Payments
If the Contractor has not given the Owner a Contract Bond acceptable to Owner for
the completion and payment of the Work, no partial payments shall be made, but only
one final payment shall be made pursuant to, and on all conditions stated in Article
60.0 hereof.
57,0 CERTIFICATES OF PAYMENT
If the Contractor has made application as above the Owner shall, not later than the date when
each payment falls due, issue to the Contractor a certificate for such amount as he decides to
be properly due,
No certificate issued nor payment made to the Contractor, nor partial, or entire, use, or
occupancy ofthe Work by the Owner, shall be acceptance of the Work or materials not in
accordance with this contract.
58.0 PAYMENTS WITHHELD
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The Owner may withhold, in addition to retained percentages, from payment to the
Contractor such an amount or amounts as may be necessary to cover.
58.1 Defective work not remedied.
58.2 Claims for labor or materials furnished the Contractor or subcontractor, or reasonable
evidence indicating probable filing of such claims.
58.3 Failure of the Contractor to make payments properly to subcontractors or for material
or labor,
58.4 A reasonable doubt that the contract can be completed for the balance then unpaid.
58.5 Evidence of damage alleged to be caused by the Contractor to other persons or
property in connection with the Work under the contract for which claim has been or
will be asserted against the Contractor, the Owner or the Owner.
The Owner may disburse and shall have the right to act as agent for the Contractor in
disbursing such funds as have been withheld pursuant to this paragraph to the party or
parties who are entitled to payment therefrom, but the Owner assumes no obligation
to make such disbursement. The Owner will render to the Contractor an accounting
of all such funds disbursed.
59.0 FINAL INSPECTION
The Owner will make final inspection of all of the Work included in the Contract or any
portion thereof, as soon as practicable after notification by the Contractor that such Work is
completed. If such Work is not acceptable to the Owner at the time of his inspection, he will
advise the Contractor in writing as to the particular defects to be remedied before such Work
can be accepted. If, within a period of ten (10) days after such notification, the Contractor
has not taken steps to speedily complete the Work as directed, the Owner may, without
further notice and without in any way impairing the contract, make sure other arrangements
as he may deem necessary to have such Work completed in a satisfactory manner, The cost
of so completing such Work shall be deducted from any moneys due, or which may become
due the Contractor on his contract.
60.0 FINAL PAYMENT
Upon completion of the Work and its acceptance by the Owner, the Owner will prepare a
final estimate containing complete quantities of each and every item of the Work performed
by the Contractor, and the value thereof. Upon acceptance of said final estimate by the
Contractor, the Owner will certify in writing to the Contractor as to the completion and the
Owner's acceptance of the Work, and to the entire amount and value of each and every item
of the Work performed in accordance with the terms of the contract. The action of the Owner
and the Contractor, by which the Contractor is to be bound and the contract concluded
according to the terms thereof, shall be evidenced by the aforesaid Certificate and final
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payment. All prior certificates or estimates upon which payments have been made are merely
partial estimates and subject to correction in the final payment.
Before final payment is made for the Work on this Project, the Contractor, as required by
Minnesota Statutes, Section 290.97, must make a satisfactory showing that he has complied
with the provisions of Minn, Stat. 290.92 requiring the withholding of State income tax for
wages paid employees on this Project. Receipt by the Clerk of the City of Farmington of a
Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement.
The Contractor is advised that before such certificate can be issued, he must first place on file
with the Commissioner of Taxation an affidavit that he has complied with the provisions of
Minn. Stat. 290.92. The required affidavit form will be supplied by the Commissioner of
Taxation, Centennial Building, St. Paul, Minnesota 55155, on request. The present form of
such affidavit (No. IC-134, Rev. 9/89) is attached hereto as Exhibit A and hereby made a part
hereof. The form of affidavit attached hereto may not be current. It is the responsibility of
Contractor to obtain and use the then current form of affidavit required by the Commissioner
of Taxation.
Final payment will not be made until the Contractor has filed with the Owner a fully and duly
executed Affidavit, General Waiver and Indemnity Agreement, in the form attached hereto as
Exhibit B and hereby made a part hereof, together with such other and additional evidence as
Owner may request, in form and substance satisfactory to the Owner, that all labor, materials
and services expended or used in the Work have been paid for in full and that no liens or
other claims for such labor, materials or services can be made or claimed against Contractor,
Owner or any other person or any property. In case such evidence is not furnished, the
Owner may retain out of any amount due said Contractor a sum sufficient, in the reasonable
discretion of Owner, but in any event not less than one and one-halftimes the sum
determined by Owner to be necessary, to pay for all labor, material, services or other claims
which are then unpaid or which are then believed by Owner, in its reasonable discretion, to be
unpaid.
61.0 CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final certificate, nor payment, nor any provision of the contract documents, shall
relieve the Contractor of responsibility for faulty material or workmanship, and unless
otherwise specified he shall remedy any defects due thereto and pay for any damage to other
work resulting therefrom which shall appear within a period of one year from the date of the
inspector's final acceptance report, The Owner shall give notice of observed defects with
reasonable promptness. All questions arising under this article shall be decided by the
Owner.
62.0 NO WAIVER OF LEGAL RIGHTS
The Owner, or its City Project Manager, shall not be precluded or stopped by any
measurement, estimate or certificate, made or given by them, or by any of their agents or
employees, under any provision or provisions, of the Contract, any time either before or after
the completion and acceptance of the Work and payment thereof pursuant to any
measurements, estimate or certificate, from showing the true and correct amount and
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character of the work performed and materials furnished by the Contractor or from showing
at any time, that any such measurements, estimate or certificate is untrue or incorrectly made
in any particular or that the work or materials or any part thereof do not conform in fact to
Specifications and Contract, and the Owner shall have the right to reject the whole or any part
of the aforesaid work or material, should the said measurement, estimate, certificate or
payment be found, or be known to be inconsistent with the terms of the Contract, or
otherwise improperly given, and the Owner shall not be precluded or stopped not
withstanding any such measurement, estimate, certificate and payment in accordance
herewith, from demanding and recovering from the Contractor and his Surety such damages
as it may sustain by reasons of his failure to comply with the terms ofthe Specifications and
Contract.
Neither the acceptance of the Owner or its City Project Manager or any of their agents or
employees, nor any certificates by the Owner, for payment of money, nor any payment for,
nor acceptance of the whole or any part of the Work by the Owner, or its City Project
Manager, nor any extension of time, nor any possession taken by the Owner or its employees,
shall operate as a waiver of any portion of the Contract or any power herein reserved by the
Owner, or any right to damages herein provided, nor shall any waiver of any breach of the
Contract be held to be a waiver of any other or subsequent breach.
63,0 GUARANTEE
The Contractor shall be held responsible for any and all defects in workmanship, materials and
equipment which may be developed in any part of the entire Work, and upon written notice by
the Owner shall immediately replace and make good without expense to the City any such faulty
part or parts and damage done by reason of same, during the period of one (1) year from the date
of final acceptance of the Work. The date of the final acceptance report shall be considered the
date of final acceptance.
Should the Contractor fail to make good the defective parts within a period of thirty (30) days of
such notifications, after written notice has been given him, the City may replace these parts,
charging the expense of same to the Contractor.
[End of General Contract Conditions]
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Section 4 Site Cleanup.
PARTl
GENERAL
1.01 SUMMARY
A. Each Contractor is required to perform cleaning required for contracted Work.
B, General requirements to be performed by each Contractor are specified in this
Section,
1.02 CLEANING DURING CONSTRUCTION
A. Contractors will be responsible for their own cleanup and removal of their own
debris to the city's satisfaction,
B. Do not bum refuse on the site.
C. Dispose of hazardous wastes in accordance with applicable laws and regulations.
Page 32: Farmington Fiber Optic Cabling Bid.doc
Section 5 Protection of Persons & Property
PART 1 - GENERAL
1.01 SAFETY PRECAUTIONS AND PROGRAMS
A. Contractors shall be responsible for initiating, maintaining and supervising all
safety precautions for programs in connection with the Work and for
compliance with all applicable federal, state, and local requirements.
B. If any Contractor fails to maintain the safety precautions required by law or
directed by the city, the city may take such steps as necessary and charge the
Contractor therefore.
C. The failure of the city to take any such action shall not relieve the Contractor
of its obligation in Paragraph A.
D, Contractor is required by OSHA to hold their own Safety Meetings,
Contractor is required to submit minutes of their last Safety Meeting to the
city as part of the BID response.
1.02 SAFETY OF PERSONS AND PROPERTY
A. Take all reasonable precautions for the safety of, and provide all reasonable
protection to prevent damage, injury, or loss to:
. All employees assigned to the Work and all other persons who may be
affected thereby;
· All the Work and all materials and equipment to be incorporated
therein, whether in storage on or off the site, under the care, custody
or control of the Contractor or any of its Subcontractors or Sub-
subcontractors; and
· Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation, or replacement in the course of
construction.
B. Give all notices; comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority, bearing on the safety of
persons or property or their protection from damage, injury or loss.
C, Erect and maintain, as required by existing conditions and progress of the
Work, all reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent utilities. Remove all
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personnel from the Project without cost or loss to the city, if so ordered by
city for failure to comply with requirements.
D, Promptly remedy all damage or loss to any property caused in whole or in
part by the Contractor, its Subcontractors, his Sub-subcontractors, or anyone
directly employed by any of them, or by anyone for whose acts, any of them
may be liable and for which the Contractor is responsible except damage or
loss attributable to the acts or omissions of the Owner or ArchitectlEngineer
or anyone directly or indirectly employed by either of them or by anyone for
whose acts either of them may be liable, and not attributable to the fault or
negligence of the Contractor. The foregoing obligations of the Contractor are
in addition to his indemnification obligation within the General Conditions.
E. Each Contractor shall designate a member of the on-site work force to be
responsible for accident prevention. This person shall be the Contractor's
superintendent unless otherwise designated in writing to the City Project
Manager.
F, Do not load or permit any parts of the Work to be loaded so as to endanger its
safety.
G. The prevention of accidents or injuries on, about, or in the vicinity of the
project site is the Contractor's responsibility. For purposes of this Section,
the term Contractor shall be deemed to include subcontractors and suppliers
of all tiers, The Contractor must perform its Work in a safe manner, must
fully comply with safety measures of Contractor, Subcontractor, and those
imposed by the Contract Documents, and must adhere to the applicable
industry standards, laws, ordinances, rules, regulations, codes and orders of
public authorities bearing upon the safety of persons or property or their
protection from damages, injury or loss, Contractor must abide with all
Federal and State OSHA requirements relative to safety and the prevention of
accidents or injuries. Contractor shall follow the most stringent safety
standard where any inconsistency exists among those referenced in the
preceding sentence. Contractor shall impose all obligations in this Rider on
its subcontractors and suppliers of all tiers.
H. The Contractor shall be solely responsible for the protection and safety of its
employees, and the employees of its subcontractors and suppliers of all tiers,
for the final selection of all safety methods and means, for required safety
reports and records, for daily inspection of its Work area and its employees'
safety equipment, and for the continual instruction of its employees on health
and safety, including weekly safety meetings. The Contractor must actively
promote safe working performances and practices on the part of its
employees and the employees of its subcontractors and suppliers of all tiers.
Contractors shall also provide to the Owner a list of its subcontractors they
intend to use on site. Additionally, Contractors shall insure that all its
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subcontractors meet the insurance requirements for this project, including the
additional insured endorsement. It is the responsibility of the Contractor to
insure that certificates and endorsements from their subcontractors are
received and current prior to the sub-subcontractor arrival on site.
I. The Contractor must establish and maintain a safety program implementing safety
measures, policies and standards conforming, on a comprehensive basis, to its
obligations under these paragraphs, which safety program shall include provisions
for selection of safety methods and means, conveyance of information and
instruction with regard to those safety methods and means to its employees, safety
meetings of its employees at least once a week, maintenance of required safety
reports and records, periodic inspections of its Work area and equipment to detect
and correct hazardous conditions, safety rule violations and unsafe Work practices,
and enforcement of corrective actions as required.
1.05 CONTRACTOR SAFETY REQUIREMENTS
A. The following is the minimum criteria to work on this project and is strictly
intended for the purpose of eliminating accidents and injuries at the project.
1. General Safety Requirements:
a. Contractors must observe and follow all posted safety signs.
b, Contractors are expected to supply their own personal
protective equipment.
c. Contractors must not create tripping hazards,
d. The following activities are prohibited and are causes for
immediate dismissal:
1. Using alcohol or illicit drugs on site
11. Fighting or horseplay
111. Tampering with equipment
IV. Possession of firearms
e. Contractors must investigate and report all work-related
injuries to the city.
B, Personal Protective Equipment
1. 100% Eye protection will be required on the project. Those
individuals with prescription eyewear that are not Z-87 safety
glasses will however be allowed to wear them. It is suggested that
employees with prescription glasses either purchase approved Z-
87 safety glasses or be given safety glasses that fit over their
prescription glasses to be used when the task requires safety
glasses,
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2. Employees must be properly clothed while working. Minimum
attire will include long pants, T-shirt and sturdy work boots.
Shorts and tennis shoes are not permitted.
3. Safety harnesses, lanyards, face shields, hearing protection and all
other personal protective equipment must be worn where it is
warranted by the hazard exposure or when required.
4. Contractor is responsible for supplying all their employees on the
work site with personal protective equipment.
C. Excavation and Trenching
1, All excavations or trenches must be:
1, Protected with barricades, flashers, signs or similar warnings
11. Adequately sloped or shored when 5 feet or more in depth
111. Equipped with ladders every 25 feet for trenches.
IV. Inspected by a "Competent Person" as required by OSHA
standards.
v, Excavation greater than 20 feet in depth must be designed by a
register professional engineer.
2. High visibility vests must be worn and employee training conducted when working near
Mobile Earth Moving Equipment as stated by Minnesota OSHA rule 5207.1000. This applies
only to projects in the state of Minnesota.
Page 36: Farmington Fiber Optic Cabling Bid.doc
Section 6 Documentation.
The contractor will be required to provide the following documentation for the City of
Farmington.
1. Provide a complete inventory listing to the City of Farmington,
2. Provide a paper and electronic drawing in a compatible version AUTO CAD of
the as-built blue prints documenting conduits, hand holes, fusion splices, cable
runs and terminations,
3. Contractor will be required to supply the City of Farmington with a detailed map
of the route that will be utilized to run the fiber optic cabling and conduits before
work can begin.
4, Contractor is responsible for city, county and state permitting and permit
requirements.
5, Contractor is responsible to supply the fiber test results on a paper copy to the
City of Farmington, These test results will include all fusion splices and fiber
termination,
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Section 7 Warranties and Maintenance.
The Contractor must warrant, maintain and replace components or equipment that
becomes defective for a minimum of 2 years from the completion date at no additional
charge to the City of Farmington. This warranty must include all components and labor.
All changes made by the contractor during maintenance or warranty repair must be
documented to the City of Farmington and maintained in a service logbook located at the
city.
The Contractor must also provide all warranties from the manufacturer for equipment and
materials.
Contractor is responsible for registering the plant with Gopher State One Call.
Contractor is responsible for all locates during the construction process.
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Section 8 Testing Specifications.
All fiber must be terminated then tested with a certified fiber optic tester testing all
strands for attenuation, insertion loss, optical return loss, bit error rates and optical power
measurements.
Contractor is responsible for testing all fusion splices.
After testing, all fiber cabling must comply with industry specifications, allowing for no
greater loss than 0.03 DB.
All Fiber Optic testing must be recorded and provided to the city in a printed form.
The contractor will replace any equipment not meeting specifications in the test
procedures. Test results for all fibers must be supplied in a paper form to the city,
Page 39: Farmington Fiber Optic Cabling Bid.doc
Section 9 Cabling Specifications
Introduction:
CONDillTS
The City of Farmington requires all new conduit construction to be two 1.25-inch
Polyethylene inner ducts to connect its various locations, A four-inch stub PVC conduit
must be supplied at the entrance point of each building, Pull ropes must be left in place
in each conduit.
The conduit must be installed at a depth of 30 to 36 inches along the route between
buildings, Contractor must supply Fiber Optic warning signs at approximately 500-foot
intervals along the route. Contractor must supply a warning/locator wire that will be used
in the future for all locates.
Hand holes must be furnished and installed at a minimum of every 1,000 feet along the
inner duct. Contractor must leave a 30 foot fiber maintenance coil in each hand hole
along the route, Hand holes must be a minimum of 24 inch by 36 inch by 24 inch with an
8-inch base of Pea rock to allow for drainage, Hand holes covers must be rated to handle
5000lb.
Hand holes must be installed at any 90 degree turn along the route of the conduits. Hand
holes must be installed outside of each building location specified in the document.
Approved locator wire must be installed to run along side the conduit runs. Locator wire
must be stubbed up to the top of each hand hole to facilitate easy access.
Contractor is responsible for all Gopher State One Call for locations of all utilities,
Contractor is responsible for all restoration of disturbed surfaces and for obtaining all
permits required by the city, county, and state.
FIBER
The fiber optic cable that is required will be single mode, loose tube, gel-filled, gopher
rated, armor-jacketed cable with the fibers within the cable being color coded. Locations
and strand counts for these fiber optic cable links are shown in section 12 of this
document.
The contractor will be required to supply 80 feet of fiber optic cable rolled and secured to
the wall inside each location. Contractor will be responsible to correct any and all
problems with the fiber after termination.
All fiber optic cable must be certified by the manufacturer for outside construction in
extreme temperatures.
Page 40: Farmington Fiber Optic Cabling Bid.doc
TERMINATION
Contractor is responsible for working with the City Project Manager on the cable
entrances into each facility. All splice points along the cable route must be fusion splices.
All fiber optic cabling must be terminated in each building's wiring closet as directed by
the City Project Manager. Within 50 feet of the entrance into each facility, all non
Plenum cable must be terminated, or fusion spliced on Plenum rated cable, or enclosed in
steel conduit approved by the city building inspector. Fiber Optic cable must be
terminated in a rack or wall mount fiber optic cable enclosure, Termination must be on
standard SC connectors. This termination enclosure must be approved by the City Project
Manager. Contractor must supply all equipment necessary for mounting and termination.
Contractor is responsible for labeling all cabling end points. Contractor must review
labeling requirements with the City Project Manager.
Page 41: Farmington Fiber Optic Cabling Bid.doc
Section 10 Permits
Permits
Contractor is responsible for any and all permits. This would include but not be limited
to city, county, state and rail road permits that would be required to complete
construction. Contractor is required to comply with all permit requirements and pay for
the permit costs.
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Section 11 Facilities Locations
FARMINGTON POLICE DEP ARMENT
18500 Municipal Drive
Farmington, MN 55024
FARMINGTON FIRE DEPARTMENT
21625 Denmark Avenue
Farmington, MN 55024
FARMINGTON SENIOR CENTER
432 3rd Street
Farmington, MN 55024
FARMINGTON ICE ARENA
114 Spruce Street
Farmington, MN 55024
FARMINGTON LIQUOR STORE 1
113 Elm Street
Farmington, MN 55024
FARMINGTON LIQUOR STORE 2
18350 Pilot Knob Road
Farmington, MN 55024
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Section 12 Required facilities
REQillRED LINK: POLICE DEP ARMENT TO FIRE DEPARTMENT
Two 1.25-inch Polyethylene inner ducts are required that will run the outlined path from
the Police Department to the Fire Department.
Contractor will place in one of these inner duct will have a 96 strand fiber optic cable
running from the Police Department computer room to the hand hole at the fire
department. 24 strands of fiber will be allocated from this trunk: and terminated in the
Fire Department wiring room.
REQillRED LINK: FIRE DEPARTMENT TO SENIOR CENTER
Two conduits exist that run from the Fire Department to the Ice Arena. These two
conduits must be extended from the Ice Arena to the Senior Center, These conduits must
be two 1.25-inch Polyethylene inner ducts and must be run along the outlined path.
A 72 strand fiber must be inserted into one of the inner ducts and run between the Fire
Department and Senior Center. The 72 strand fiber must be fusion spliced on to the
remaining 72 strands of fiber (that run from the police department) at the fiber department
and 12 strands of the trunk must be terminated at the Senior Center. The remaining 60
strands will remain un-terminated in the Police Department computer room and the
Senior Center.
Alternate facilities
ALTERNATE 1: ICE ARENA TO LIQUOR STORE 1 (Elm Street)
For this alternate, two 1.25-inch Polyethylene inner ducts are required that will run the
outlined path from the existing hand hole located outside of the Ice Arena to the
Farmington Liquor Store 1 on Elm Street.
Contractor will place in one inner duct a 24 strand fiber optic cable running from the
Liquor Store 1 building to the existing hand hole outside of the Ice Arena. 12 strands of
the fiber optic cable must be terminated at the Liquor Store point of presence in a data
rack and those 12 strands fusion spliced on the trunk fiber and terminated in the Police
Department computer room.
Page 44: Farmington Fiber Optic Cabling Bid.doc
ALTERNATE 2: POLICE DEPARTMENT TO LIQUOR STORE 2 (pilot Knob)
For this alternate, two 1.25-inch Polyethylene inner ducts are required that will run the
outlined path from the hand hole specified to be installed outside of the police department
to the Farmington Liquor Store 2 on Pilot Knob Road,
Contractor will place in one inner duct a 24 strand fiber optic cable running from the
Liquor Store point of presence to the Police Department computer room, with all 12
strands terminated on at the Police Department data rack and the corresponding 12
strands terminated at the Liquor Store point of presence in a data rack.
Page 45: Farmington Fiber Optic Cabling Bid.doc
Section 13 Proposal Form.
All sealed bids are due May 5, 2005 at 2:00 PM.
Submit bids To:
Office of the City Clerk
City of Fannington
(City of Fannington Fiber Bid)
325 Oak Street
Fannington, MN 55024
RE: Fiber Bid Specifications
City of Fannington Facilities
IMPORTANT: To be considered complete, this proposal form must include bids for Required Link and
alternate links.
Having carefully examined the specifications prepared by the City of Farmington and LOGIS, we hereby propose to all furnish
labor, conduits, material, and equipment, as set forth in the specifications for a total fiber optic underground solution, for the
required facilities for the total stipulated sum of:
Dollars $
Alternate 1 (Ice Arena to Liquor Store 1) can be added for an additional stipulated sum of:
Dollars $
Alternate 2 (Police Department to Liquor Store 2) can be added for an additional stipulated sum of:
Dollars $
Note: Stipulated sum are firm prices based on project components detailed in this document.
Date:
Contractor:
Signed By:
Printed name:
Address:
City:
State:
Zip Code:
Any contractor suggestions should be detailed on another document outlining the suggestion, benefits, costs, and
equipment. Bidder must supply this document as part of the required documents on the bid proposal.
Page 46: Fannington Fiber Optic Cabling Bid.doc
Section 14 Required Bid Documents:
The following are the required documents that must be supplied as part of the proposal to
the City of Farmington:
1) Bond requirements.
2) Insurance documents.
3) Safety minutes document.
4) Bid form.
5) Detailed map outlining the proposed fiber optic and conduit routes.
6) Equipment detail document.
7) Implementation plan document.
8) Prior Experience and Company Profile.
9) Contractor suggestions and costs.
10) Job site foreman credentials and qualifications.
Page 47: Farmington Fiber Optic Cabling Bid.doc
fOe.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.c:i.farmington.mn.us
TO: Mayor and Councilmembers
FROM: David Urbia, City Administrator
SUBJECT: Farmin.gton School District Request For Feasibility Study
For Related Infrastructure To Selected High School Site
DATE: April 4, 2005
INTRODUCTION
From previous discussions between the City and ISD 192 officials, including meetings that were
held last Friday, the next action step towards the development ofthe High School site is to
commence and complete a feasibility study for Flagstaff Avenue and the related utility
infrastructure.
DISCUSSION
City staff has informed ISD 192 that this feasibility study is necessary, and needs to include: (1)
the paving of Flagstaff Avenue from CSAH 50 to the Farmington/Lakeville border, (2)
installation of approximately 15,500 feet of water main, (3) installation of approximately 6,600
feet of sanitary sewer, (4) the 208th Street alignment needs to be coordinated with the site and
with the City of Lakeville, (5) coordination with Lakeville and the Met Council is necessary
regarding the sizing ofthe sanitary sewer in Flagstaff to provide future service to Lakeville; (6)
determine if the site and roadway is in the Special Waters Trout Stream area and identify impacts
of such, (7) coordination ofthe timing of the public improvements with the building of the
school, and (8) determine if there is any cost exposure to the City for any infrastructure or
increased service demands. At the Friday, April 1, 2005, 10 am City/School District staff
meeting, it was indicated that ifthe school submitted a written request for the feasibility study
that it could be placed on this Council meeting as a supplemental item. Subsequent to the
meeting, it was determined that survey crews were available to start work today, Monday April
4th. Considering the School Districts timing issues, it was decided to allow the survey to start,
with the understanding that the City would be receiving the written request from the school.
Attached is the written request from ISD 192; however, the last paragraph of the letter does not
meet the above listed requirements.
BUDGET IMPACT
The feasibility study is part ofthe improvement that would be paid for by the School District.
The costs for the survey work that has commenced would be carried by the City until the
infrastructure issue (limits of Flagstaff improvements) is resolved.
ACTION REQUESTED
Recommend to not approve proceeding with the feasibility study until ISD 192 submits a written
request requesting this feasibility study that defines the scope of the study to include Flagstaff
Avenue from CSAH 50 to the northern border of FarmingtonlLakeville. Further recommend that
City Council provide direction to ISD 192 that other approvals such as the comprehensive land
use amendment, zoning amendment, site plan, Conditional Use Permit, preliminary and final plat
and MUSA designation are subject to agreement on the proper resolution of infrastructure related
Issues.
Respectfully submitted,
a~:~7Y?, C/~~
c>c~j
David M, Urbia
City Administrator
Farmington Independent School District 192
Excellence, Integrity, Innovation
DOUGLAS BONAR
DIRECTOR
BUILDINGS & GROUNDS OFFICE
421 WALNUT STREET, P.O. BOX 329
FARMINGTON, MN 55024-1389
PHONE: (651) 463-5062
FAX: (651) 463-5041
dbonar@farmington.k12.mn. us
April 1, 2005
David Urbia
City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
Dear Mr. Urbia:
As a part of the continued development process which will result in the necessary infrastructure
improvements for a new high school facility, I request (on behalf of the Superintendent and the Board of
Education) you formally seek Council approval to proceed with a feasibility study of Flagstaff Avenue.
We are prepared to provide the survey services of McGhie & Betts, Inc. to expedite the collection of
elevations and we would offer the completed documents to your City Engineering Department upon
completion, if you are not prepared to engage upon task in the upcoming week.
Please be advised that the scope of services would only entail the portion of Flagstaff, south of 1 95th
Street to Hwy. 50. If you, or the Council, choose to expand the scope of the study, you would do so of
your own volition.
D uglas L. Bonar
Di ctor of Buildings & Grounds
DLB/kjl
cc: ISD #192 School Board
Dr. Bradley Meeks, Superintendent of School
Lee Mann, City Engineer
&a-
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:
Citizen Comments - Ash Street Project
DATE:
April 4, 2005
INTRODUCTION
At the March 21,2005 City Council meeting, Mr. Jonathan Fruchtman spoke on behalf of Mr. John
Ristow regarding issues with the Ash Street project and Mr. Ristow's spruce trees that overhang the
County right-of-way. Mr. Fruchtman also submitted a packet of information (attached) that includes
a petition opposing the sidewalk from the owners of four properties, a quote to move the trees and
replace them with new trees if they die and information from Professor Gary R. Johnson from the
University of Minnesota regarding the transplanting of Spruce trees.
DISCUSSION
Staff has verified that the trunks of the spruce trees in question are not on the County right-of-way,
however, the branches of the trees and presumably then the roots, overhang and encroach into the
right-of-way.
The information submitted by Mr. Fruchtman from Professor Johnson at the U of M, indicates that
"Spruce can be successfully transplanted with any tree spade," Professor Johnson in his own
statement (see attached e-mail) has dug (transplanted) more than 1000 Colorado spruce in his life
time, He also forwarded some general information on how to identify and minimize the risk to the
trees.
There are several options that have been identified for addressing the issue with the trees. One option
would entail trimming the trees to the right-of-way line and excavating as necessary to install the
sidewalk. This option would effectively remove up to almost half of the trees branches and remove
the roots that encroach into the right-of-way, This option is not the preferred option.
Another option would involve moving the trees farther back onto the property and providing the
proper care to give the trees the best opportunity to survive. It would be further recommended that,
in the case that any of the trees die, the City replace the dead tree(s) with new IS-foot spruce trees.
Staff contacted Professor Johnson at the U ofM to discuss the issue and Professor Johnson indicated
that moving the trees properly and caring for them would be preferable to trimming them and
removing roots at the right-of-way line. He also asserted that the most important factors in
successfully moving trees of this type are the size of tree spade and providing adequate water after
transplantation. The larger the spade, the more roots can be saved and the better the likelihood that
the tree will survive. Professor Johnson recommended that a tree spade at least 60-inches in diameter
be used to transplant the trees. Staff contacted one of the tree moving specialists from whom the City
received a quotation and they said that they would be using a 90-inch diameter tree spade to
transplant the trees.
In regards to the placement of the sidewalk, it continues to be staff s recommendation to locate the
sidewalk on the project as designed. This recommendation takes into consideration pedestrian safety,
utility locations, snow storage and the relocation of the spruce trees. Staff is available to meet with
the property owner and/or Mr. Fruchtman in order to further discuss the issues.
BUDGET IMPACT
The quote that the City has received to move the trees is $175 per tree. The quoted cost to bring in a
new 15-foot tree is $900. In assuming that all five trees were to die after transplanting, the City's
quotes and the quote provided by Mr. Fruchtman identify similar costs.
ACTION REQUESTED
For Council's information.
Respectfully Submitted,
';{}yt. ~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
cc: file
Mr. Jonathan Fruchtman
Mr. Scott Thompson
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PAGE 135
Page 10f2
:~:~'1Ii1 :Print :Message
From: Gary R Johnson <grjonson@wnn.edu> G:J
Date: 2005/03/17 Thu AM 07:54:48 CST
To: <jristow56@charter.net>
Subject: Re: test
John,
Here is my op1n1on on the proposed transplanting of th~ Colorado spruce as
I know it. I am noting that r have not seen the trees or the site aod I am
basing these comments on the reported size of the trees (lO~12 feet tall) .
Spruce can be successfully transplanted with any tree spade. However, if
they are going to live, a tree spade with a diameter of 60 inches plus
would be minimal for these trees. When spruces are not root pruned on at
the very least a 5 year scbedule, only a very small portion of their root
system will be in the soil ball. They tend to develop very expansive root
systems that are not normally captured in a standard soil ban. Refer to
Gary'watson's research at the Morton Arboretum in Lisle, Illinois for
confirmation of this statement. It's been widely published that only
around 5% of a spruce's root system will be in a standard soil ball if it
hasn't been root pruned within the last 5 years.
Having said tnat, transplanting is the easy part. There is a physiological
phenomena called transplant shock, which is essentially a plant's reaction
to the 1055 of a significant portion of the root system. Simply stated,
the above-ground portion can't do anything until tne below-ground portion
catches back up. In the mean time, the plant is very vulnerable to weather
fluctuations (abnormally hot summer, cold winter, snowless winter, droughty
growing season, lots of deicing salt, yellow-headed spruce sawfly, and on),
and can easily die frOm factor. that normally wouldn't be big
problems. So, lots of irrigatl~n On a regular basis, yet the soil MUST
remain well-drained, mulchinll.( and careful monitoring for anything
unusual. This is li~elY (based on ~he size of the trees) to go on for
about 4- 6 year.s.
The basis for my opln1ons: 1) research conducted by Gary Watson (do a
Google search), 2) my experience in nurseries which includes 4 years in
charge of field harvesting of trees and shrubs at Lemoine Nursery in
Macomb, IL, 2 yea~s as production assistant at Ground Nut Hill Nursery in
Maine, and 6 years as the researcn and teaching nursery manager at the
University of New Hampshire, 3) 25 years as a university protessor in
landscape/nursery/urban forest management at the Universities of New
Hampshire, Maryland and Minnesota (the last 12.5 years), and 4) have been
an International Society of Arboriculture certified Arborist since 1999.
I have dug a lot (more than 1000) Colorado sp~uce in my life time, and
these weren't little seedl~ngs. Spruce are qne of the most unpredictable
trees to dig due to their screwy root system:' People often move them and
think everything 15 going to be all right only to watch them die of a
related p'roblem a couple years later. Good luck.
Gary R. Johnson
Professor, Urban and Community Forestry
http://mail.charter.net!agentlmobmain?msgvw=JN1II'-XMN3 82DELIM 1261&doPrint= 1
3/18/05
. ~\
03/20/2005 21:12
65146345%
ECONOFDODS
College of Natural Resources
Deportment of ~orest Resources
115 Green Hall
1530 Cleveland Ave. North
st. Paul, MN 5510B
612-625-3765
612-625-5212 (fax)
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http://mail.charter.netlagentlmobmain?msgvw=INBOXMN382DELlM12618ulpPrint==1
PAGE 137
'Page 2 of 2
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 139
.~,e 1 of20
FO-06135 Revised 1999
TILQrc;
I
Protecting Trees
from
Construction
Damage:
A Homeowner's
Guide
~
Gary R. Johnson
,CQp)lll:hl 0 2005 Regents of the University of Minnesota, All rights reserved.
This is a revision of the original publication authored by Nancy L. Miller, David M. Rathke, and Gary R
dedicated to the memory of David M Rathke.
Table of Contents
Thttg99JJ![!h~...M;;t;!,!f;.L_~..", Ir..~~~~~_~D.!,QfP.w..rl Mr11..l~l?:nts
El;&Lf.\h~p.:.g!. · Water
. Excavation of Back-Filled Trees
~Jit!jnJj,?;,I!i., 1;~.eJWp.;)'9t. Qf..QQll~!n!~1J.9.,:Q.A,cj:jyjJi~~ . Aeration
http://www.extension.wnn.eduldistributionlhousingandclothing/DK6135.html
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 113
P~t of20
...t;'
. Site Clearing
. Soil Damage
. Grade Changes
. Excavation
. Pavement
. Fertilizer
. Pruning and Wound Repair
. Oak Wilt
. Other Insect and Disease Prabler
. Tree Removal
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A re you planning to build or remodel a home? Are your city's streets, curbs. sidewalks, and burie.
to be widened, modernized. or replaced? Before you start, consider the impact of construction on plants
This puhlication explains some things chat laruiowners can do TO minimize the impact of consrrucfton on
describes landscape protection plans, special construction techniques, symptoms of damage, and treatm
A/though the information presented fOCll$es on trees, it also can be applied to protecting shrubs.
Hiring a Tree Care Specialist
Each construction site has its own unique set of soil. tree species, and building
process conditions. For this reason we recommend that you get advice from a
professional urban forester or arborist with experience in proteating trees from
construction damage. This person will be familiar with the growth characteristics
and conunon problems faced by tree species in your area. He or she can help you
evaluate plant health and the likely impacts of construction activities.
For your own protection:
. hire only professionals who are part of an established business listed in the
phone book
. ask for references
. make sure the person you hire carries insurance for property damage.
http://www.extension. umn.edul distribution/housingandclothingIDK613 5.htn))
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Protecting Trees From Construction Damage: A Homeowner's Guide
persOnal liability , and workers compensation.
PAGE 11
Pagi;: 3 of 20
Membership in the National Arborist Association, Minnesota Society of
Arboriculture, or International Society of Atboriculture or certification from the
International Society of Arboriculture are good indicators of reputable businesses.
Check with your local Extension office, or contact the local chapter of the
International Society of Arboricultuxe (217-355-9411) for a directory of tree-care
companies with certified arborists.
The Root of the Matter. . ..
The worst damage, however, often remains hidden undergr01md. Roots are one of the
most vitBl pans of B tree. They are responsible for nutrient and water uptake, store
energy, and anchor the plant. Because they are so important, it is critical that you protect
roots that lie in the path of construction.
Trees are Ol;;'\Iet tlre"same shape below ground 8$ they are- above, so it is difficult to
predict the length or Im;ation of their roots. Typically, however, approximately 90-95
percent of a tree's root system is in the top three feet of soil, and more than half is in the
top one foot. The part of this root system in which construction damage should be
avoided is called the Protected Root Zone (PRZ).
One common method used 10 identifY the PRZ is to deftne it as the "dripline"-the area
directly below the branches of the tree (F igure I). However, many roots extend beyond
.the longest branches a distance equal to two or more times the height of the tree. For this
reaseIl Y0\1 should protect as much of the area beyond the dripline as possible.
Unfortunately, on most sites space is limited and this rule must be bent Just how close an
activity can come without seriously threatening the survival of a tree depends on the
species, the extent of damage, and the plant. s health. Some healthy trees can survive
aft.er losing 50 percent of their roots. However, other species are extremely sensitive tD
root cutting, even outside the dripline.
Table 1 shows the relative sensitivity of various tree species to toot disturbance. If
possible, disturb no more than 25 percent of the roots within the dripline for any tree,
protect intermediate species to the dripfine, and allow extra space beyond the dripline for
sensitive species. For all trees, avoid needless or excessive damage. A qualified tree-care
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3/20/05
03/213/20135 21:12 6514b346% ECO~JQFDODS
Protecting Trees From Construction Damage: A Homeowner's Guide
specialist can help you determine how much root interference a particular tree can
tolerate.
When dealing with trees that have been growing in the forest or that naturally have a
narrow growth habit, an approach called the "critical root radius" is more accurate than
the dripline method foJ' determining the PRZ. This is particularly true for columnar trees
and for those where competition has reduced the canopy spread.
To calculate critical root radius, begin by measuring the diameter at breast height (dbh).
This is done by measuring the tree's trunk diameter (thickness) at a point 4.5 feet above
the ground. The measurement should be done in inches. For each inch of dbh. allow for
1.S feet of critical root radius for sensitive trees, or 1.0 feet for tolerant trees. For
example. if a tree's dbh is 10 inches, then its critical root radius is 15 feet (lOx 1.5 = 15).
The PRZ is an area around the tree with a diameter of 30 feet (2 x radius), and is the area
in which a critical amount of the tree's roots may be found. Whenever possible, isolate
this cuea from construction disturbance (see Figure 2).
,......._,..... ........
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. -... ..
20
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multiply thai nu.
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err = J] feet
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species
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~cies
Table 1. Tree Cbaractemtics
Soil Mature Mature Dama@
Root SoU pH Tree Crown
Species Severance' Compaction PrefereocelJ Height Spread Canln
& Flooding' (feet)8 (feet )1 Root
Northern Tolerant I r olerant IB14~50 B Low
white cedar
Balsam fir II Tolerant II Tolerant II 4.0-6.0 II 40-60 II 20-35 II Medium IC
White flf l Tolerant II Sensitive II 4.0-6.5 II 50-75 Ir 10-20 ILMedium Ie
Tamarack Tolerant II Tolerant II 4.0-7.5 1,50-75 II 15-25 II Mediwn IC
White pine Tolerant I Sensitive I 4.5.6..5 II 80-100 ~ 50-80 It Medium IC
Jack pine Tolerant I Sensitive r 4.5-6.5 II 3~80 l2~30 II High IE
I Red pine I Tolerant I Sensitive II 4.5-6.0 II 50- 80 If 20-40 II (Medium) I .
I Scotch pine II (Tolerant) (Sensitive) 11 4.0-6.5 J160-100 II 30~50 11 Medium JC
I Easkrn II Tolerant 1 Sensitive 814~SO ~C
redcedar
Black Tolerant I Tolerant 181 30-70 B (MeLtimn) C
spruce
Intermediate Tolerant BISO-1OO I 2~30
11 II I
http://www.extension.umn.eduldistributionJhousingandc1othingIDK6135.html
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PAGE 13
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Protecting Trees From Construction Damage: A Homeowner's Guide
I Hawthorn
Bitternut
hickory
I Intetmediate lntennediate I 6.0-7.~ IL 20-40 I 20-30 ~ Low L
Intetmediate lntennediate B 40-75 10(Medium)L
Tolerant I Intermediate lL 6.0-8.0 Jl 50-75 II 50-7511 Medium I~
Sensitive I Sensitive j 6.1-8.0 ]L25-50 I 20-30 I (LoW) C
[~wood ~ (Intermediate) II Sensitive J 55-7.3 JI70-100 I 50-75 [ (High) C
I alack locust ~ Tol","", JI Sensitive I 4.6-8.2 II 30-60 I 20-50 I (MediwnJ IC
1 Red maple I Tolermrt [ Tolerant Jl 45-7.5 JL50-70 I 40-60 II Medium 1 Yes
I Silver maple 1 Tolerant [ Tolerant r 55-6.5 160-90 175-100 II High I~
I Sugar maple Ir<Intennediate) Ir Sensitive II 5.5-7.3 1160-80 I 60-80 Medium
I:untain I Tolerant )ntennediate ~ 15-25 Mediwn .
I Black oak I Sensitive Sensitive r 6.0-6.5 [ SO-SO II 50-70 I (Mt>dium) C
!aneoak II (Tolerant) I )ntennediate II 4.0-8.0 II 70-80 [ 40-80 I Low C
~~etn l Semitive J Sensitive EJ 50-751130-50 J(MediwnL
Red oak Tolerant Sensitive I 4..5-7.0 II 60-80 II 40-50lf(Medium~C
[ Bicolor Dolt I (Inlennediale) Toler.mt I 6.0-6.5 II 60-70 ]1 40-501. Low IC
I White oak I Sensitive Sensitive I 6.5-7.5 JL60-100~ 50-90 L Low lC
I Wild plum I Tolerant II Sensitive I 6.5-6.6 I 20-25 15-25 I Low C
[SelVicebeny Ilntennediate I >sensitive 1 6.1-85 - J 6-35 6-15 [>(LoW) C
Black >Sensitive 11_. B~
;;.~ I Tolemnt ! n TO~:te ~ 6.5~8.0 J13~60 I ~: [ Hi: I~
Honeylocust
Ironwood
Yes
1; mshtshoe, 1988; 2: Minnesota Association of Soil and Water Conservation DistrictS Forestry Committee. 1986; 3: Math
1991; 4: Minnesot1l Society of AIboricultun; 1996,
,
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 14
t'age ~..l'~V
: 0:..
u}.andtcape Value refers to the relative value of eaGh species in Minnesota based on hardiness, fOnD, color, grow1h habit
fruiting characteristics, structurl'l strength. longevitY, insect and disease resistance. maintenance requirements, and generlll
Plan Ahead!
You'll save time and money if you develop a landscape protection plan before
construction begins. Careful planning will help you avoid the expense and heartache of
later repairing or removing trees located too close to construction activities.
These steps will help you create a successful landscape protection plan:
1. Mark CODstruction zone boundaries. Obtain a complete set of site development
plans, including the proposed location of buildings, drive-ways, sidewalks, and
utility lines. Ask the builder or architect to mark. areas where heavy equipment will
be used, wbere soil will be pennanently added or removed and to what depth. and
where fill and building materials will be temporarily stockpiled.. Use a measuring
tape. stakes, and string to temporarily maIk the boundaries of construction
activities on the' site.
2. Inventory trees 00 the site. Record the location, size, and health of eacb tree.
Wilted leaves, broken or dead limbs, trunk rot, and thin tops are all sym.ptoms of
Stress. Trees that are ovennature, display poor form, lean heavily over fUture
buildings, or have severe insect or disease problems (Figure 3 J should be marked
for removal prior to construction. Also mark trees that need pron-ing to make room
for future structures and construction equipment.
3. Select the trees to be saved. Examine the site carefully and note how each tree fits
into the future landscape. Keep in mind that the builder may be able to shift the
looation.of a building, utility line, or driveway. Although looal Ofdinances differ.
driveways and utility lines don't always have to be straight, and homes don t
always Dave to be in the center of tbe lot (Figme 4). If considerable damage 1D the
tree's root system within the PRZ is inevitable, you should seriously consider
changing the original design, adding protection measures, or removing the tree
before construction begins.
l;!'!-~k
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avoid the creati.
situations such .
Locared too clos
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.
I
.
Fipre4. fOCI"
some tTet:!l by si
c()flStrrJetWn ow
of the lot.
4. Protect tbe trees you pbn to sltt'e. Develop a map with the builder or architect showing the Ioca'
protected and the safest route for access to the building zone. Tben install bright orange polyprop)
post "Off Li:mits" signs at the PRZ of the trees you plan to save (Figure 5). Your primaty objectivl
delicate root systems. so provide your trees with 88 much space as possible. Make sure all constru
know that nothing inside this area is to be raked, cut. stored. or otherwise disturbed. A landscape I
(lontract signed by the builder and all contractors will help ensure compliance. Take several photo
before constmction begins to document the protection methods used ~d the condition of individu
5. Prep.re the trees for coutruc:tiolt disturb.nee. Y vall boost your tr~s' chance for sun-ivaI ify.
they're as healthy as possible before COIl5truction begins. Regularly water the trees if rainfall is 00'
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Protecting Trees From Construction Damage: A HomeowneI'S Guide
PAGE 15
l'age ~ 01 t.v
Fertilize tbem if son tests or deficiency syJJlptomS indi<:ate they are nutrient ~, ...i~
contact your county extension agent or call the University of Minnesota's Soil Testing Lab ,'fI.H!--
prune branches that are dead, diseased, hazardous, or detrimental to the plant's natural form. ','
6. Protect and prese.....e the soil for future tree planting. Apply a layer of wood chips at least six i
areas that will be used for traffic or materials s.torage during construCtion. If these areas become p
landscape, the wood chips witt prevent the soil from becoming too compacted.
7. Monitor the construction process. Visit the site periodically and inspect the trees.
Irrigate the PRZ of the trees regularly-- never let trees become water-stressed. Your
presence alerts workers of your concern for the careful treatment of the trees.
Should damage occur, begin repairs as soon as possible. Immediately infonn the
builder of any violations in the landscape protection contract: and photograph the
damage. Insist that protective fences remain in place until all constrUction workers
have left the site.
8. Make a fillSl inspection of tile site. After constroetion bas been completed,
evaluate the condition ofthe remaining trees. Look for indications of damage or
stress. It may take several years for severe problems to appear. Careful monitoring
and preventive treatment (e~g.. watering) may help minimize dronage.
Figure $. Put III
QTound trees )'&l
okrr constnlcti(
damage potB7Itil
9. Commit to long-term maintenance. trees will not recover from constrUction damage in one or t
as much of the pRZ as you can tolerate and plant understory shrubs and perennials within the mul
Irrigate the PRZ regularly for several years--never let the trees become water-stressed. Have an at
trees every year or two for several years to det.ennine if pruning. fertilization, and/or pestldisease I
necesslUY.
Tree selection tips. . .
. Save the best and chip the rest. Use those wood chips to provide a blanket of
prote~on over the root systems of trees that can be saved. It is expensive for
the bUIlder to work around trees, and it also is expensive to reJllove damaged
trees after construction has been completed
. Understand the characteristics of your trees or get the advice of someone
who does. If you know about your trees you can help insure their survival
and improve the future site appearance of the site.
. Select tree. species that fit the spatial constraints of the site (Table 1).
remembenng that trees grow throughout their lives. Be sure to consider
overhead powerlines
---...-
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. Young. small trees tend to sur:vive ~is~urbance better than old, l![ge trees.~
Large trees almost never survIve withm five feet of a. new building and
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Protecting Tlees Flom Construction Damage: A Homeowner's Guide
should not be kept.
. Healthy young trees that fall in the constrUction zone may be saved by
transplanting.
PAGE 15
yage ':I Ol "-II
... ..,
. Don't put all your eggs in one basket! Save a mixture of tree species to
safeguard your landscape against contagious diseases or insects.
. Improve tree survival by saving groups of trees rather than individuals.
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Minimize the Impact of Construction Activities
l:).il.Gk
In addition to protecting the PRZ, there are other ways in which you can reduce the impact of constructi.
your trees. Some of these are relatively simple; others can be extremely expensive. Carefully consider tl:
each tree to the future appearance of the site and consult a tree-care specialist before deciding whether P
measures are W()rth the cost.
Site Clearing
When you remove a large nwnber of trees. you expose the remaining plants to new
conditions. Sudden increases in amounts of sunlight and wind will shock many of your
trees. It is not uncoxnmon to find scorched leaves. broken branches, and uprooted trees
after a site is cleared. Although some of these problems are temporary. they may
compromise tree health when coupled wi1h additional construction damage.
You can avoid sun and wind stress by saving groups of trees rathel' than individuals.
When possible, remove the unwanted plants in winter after the leaves have fallen.
Donnant plants are less susceptIble to damage. and frozen ground helps protect roots.
Bulldozers should ~ot be used to remove trees near plants to be preserved Heavily
wooded sites should be gradually thinned over two to three years to reduce removal
shock on remaining plants. This is especially important in dense pine, spruce, or fir
forests.
Soil Damage
Soil compaction is the single largest killer of urban trees. Tree roots need loose soil to
grow, obtain oxygen. and absorb water and nutrients. Stockpiled building materials.
heavy machinery. and excessive foot traffic aU damage soil structure. Lacking good soil
aeration, roots suffocate and tree health declines.
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IMt...;......:t~
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help protect tree~
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 17
p~ 10 ot :.W
Prevent soil compaction by carefully selectingswrage areas and traffic routes (the future driveway is a ~
both) and installing protective fences and signs. If you can. t reroute traffic, install root system bridges v
suspended over railroad ties or spread several inches (six inches or more) of wood chips on the soil with
(Figure 6). Trees that are pruned or removed during the construction process should be chipped on site a
for soil preservation tactics such as this. Heavy mixing trucks can be kept offuee roots by tnmsporting (
truck through conveyor pipes.
Improper handling or disposal of materials used during construction also can harm roots. For example. ~
treated with pentachlorophenol and creosote can be deadly to tree roots~ CCA-treated timber (greenish c
alternative. Ask the builder about the materials to be used on the site and read product labels. Chemical :
be prevented by filling gas tanks, cleaning paintbrushes and tools, and repairing mechanical equipment'
PRZs. Insist that all building debris and chemical wastes be hauled away for proper disposal, and not bu
the site.
Finally, avoid changes in soil pH (acidity). Increases in pH are particularly dangerous to many species (
Alkaline clays or limestones should not be used for fill or paving, and concrete should be mixed on a thi
oU1llide the site. Mi";,,,; ")d never be rinsed om on the site.
~eChangv
Soil additions compact th~ soil around a tree and often raise the water table. You may be
able to protect compaction-tolerant trees (Table 1) from additions ofs~ inches or less of
soil by using a porous fill within the PRZ. Porous fill can be made by mixing one part
loam, one pan coarse sand, and one part shredded bark. .
Moving large amounts of soil within the PRZ usually kills a tree. Except where
absolutely necessary, avoid disruptions to the natural contour of the site or shift them
well outside the PRZ.
FifP'rt! B. Pr()te.
damage 'When /,
fUnneling rathe,
Deeper fills require more expensive measures. A retaining wall beyond the PRZ may
proteCt some trees (Figure 7a). These walls preserve much of the original root system and
redirect excess water away from sensitive plants. Your tree-care specialist may suggest
other, more elaborate measures for protecting trees that must be covered with soil close to
the trunk. However. as a general rule, it is best to remove trees that would be buried by
24 in(ihes or more of fill around the base.
~
1-
Cutting the soil away from a tree removes vital feeder roots, eliminates nutrient-rich
topsoil, lUld often lowers the wateX' table. Damage caused by shallow cuts (less than two
inches) at least three feet away from the base of the tree may be minimal, but still can be
a shock to a tree's vitality (health). If possible, avoid making the cut during hot, dry
weathel"~ water the tree (undisturbed portions) before. during, and after soil remov81~ and
allow only hand digging inside the PRZ. A shallow layer of mulch (pine needles, wood chips, or coarsel
and bark) and clean root cuts will help wOWld closure and regrowth. Deeper cuts within the root zone WI
construction ofa retaining wall no closer than the limit of the PRZ (Figure 7b).
Fig",e 9. You c.
damage to tretS
lTy using posf3. J
rather rhan four.
Excavation
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 18
t'age 1l-o. ~11
As much as 40 percent of a tree's roOt system could be c~t.during the instal~a~on of a n~arby utility line.
water and nUtrient uptake, and roay compromise the stabIlIty of tile tree. If It IS Dot poss~ble to relocate t:J
outside the tree's PRZ, you can reduce root damage by as much as 25 percent by tunnehng under the tree
(Figure 8). When digging a trench near a tree, begin tunneling when you encounter r()01S larger than one
diameter.
Trenching for building foundations also poses a danger to nearby trees. Although not often used in MiDI
pillars, or I-beams sometimes can be substituted for foundation walls and footers on homes (Figure 9). I
holes as opposed to cutting deep trenches saves Inany critical roots,
For all digging operations, insist that exposed roots be cut cleanly to promote quick wound. closure and J
Vibratoty' plows, chain trenchers, and hand tools do a better job at this than bulldozers and backho~s. ~:
by avoiding excavation during bot, dry weather; keeping the plants well watered before and after diggtn;
exposed roots with soil, mulch, or damp burlap as soon as possible.
Pavement
~. Sidewalks and driveways located too close to a ttee endanger its health and may threaten
pavement stability. Factors such as frost heaving, poor drainage, and pavement flaws give
rootS an opportunity to expand, gain a foothold, and cause damage. Homeowners are
", faced with costly repair bills and potential liability for the hazardous situation that hoMyc.
. " develops. bl'lok
(These problems can be avoided if you consider the spatial needs of a tree and its root Fir;"!l 0. ~avi
system when designing the layout of new sidewalks and driveways. Just how much space ';~~t: ~;ss l~
is required depends on a tree's sensitivity to root cutting and its future size (Table 1). It's concrete 10 lhe I
best to locate sidewalks and driveways outside the anticipated PRZ. At a minimum, tree.
walkways should be at least three feet from the trunk of a tree; driveways may cover up
to half the distance from the tree's PRl to its tnmk. as long as no excavation occurs. No
tree should be boxed into an area less than eight feet by eight feet by three feet deep, with
larger trees receiving at least 300 cubic feet ofroot/soil volume.
You can minimize disruption by using altema1ives to conventional paving materials. In
some communities, brick or flagstone walkways on sand foundations can be substituted
for concrete (Figure 10). These materials protect soil pH and allow water and oxygen
penetmtion. preserve natural contouring by spanning uneven areas with wooden
walkways elevated on posts. Elevated decks are ex.cellent lllternatives to concrete
pOrches. Where additional pavement strength is needed (e. g., driveways), concrete
requires less excavation than asphalt. "SttUctural soils" may be used under pavement to
allow for both adequate pavement base strength and tree .root penetration. . Structural
soils. are composed of 80% stone chips, 20% clay-loam soil, and a polymer binding
agent Ask your builder about raised paveIl1ent techniques near valuable trees.
1 I~
l .~
~.~...
.J-~. ~::"!.-:
FiglUV! 11. A ..",
used to smooth i
caused by root,
pavement
There are several techniques for repairing pavement that has been damaged by protruding Fig~ 12. A w.
roots. For trees that are highly sensitive to root disturbance. consider creating a concrete harrierwm '!el],
or asphalt. mini-ramp. to smooth the uneven surface between two sidewalk sections from damagmg
(Figure 11). Local ordinances governing lia.bility should be consulted prior to using this grow.
technique. Relocate walkways with broken concrete slabs a few feet farther from the tree. For trees that
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 19
p.age ,{.t.,o[ .lU
-..,,'. .,
disturbance, a vertical underground barrier roay redirect root expansion away from pav~lgure 1...
AU tree species are capable of causing root damage to sidewalks, foundations, or pipes. Species notoriOl
causing roots are noted in Table L
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Symptoms of Construction Damage
Conspicuous symptoms of construction damage may take years to appear. Tree decline
from soil compaction, for instance, may take three to seven years to appear as obvious
symptoms of distress. Because of this delay, landowners often attribute tree losses to
other causes. Carefully monitor affected plants and keep written records to help you
recognize the less visible signs of tree stress. Remember, the most serious damage
remains hidden in the root system.
Wilted or scorched leaves and drooping branches usually are the first signs of
constIUction damage. In d~iduous plants these symptoms may be followed by early fall
coloring and premature leaf drop. Damaged conifers will drop excessive amOunts of inner
needles. In subsequent years you may notice yellowed or dwarfed leaves. sparse leaf
cover, or dead branches.
Other indicators might include flowering out of season. excessive water sprout formation
on the tnmk (Figure 13). abnormal winter dieback, or abnormally large amounts of seed.
Flower and seed production and water sprout formation are defense mechanisms for
ensuring species survival and commonly indicate that the plant is experiencing extreme
stress.
In addition to observing a tree's appearance, monitor its annual growth. A slightly
damaged plant will grow more slowly and be less resistant to insects, diseases, and
weather-related stress. Examine the annual shoot and branch growth (Figure 14). Healthy
trees generally will grow at least two to six inches at the ends of the branches each year.
Photographs and records of the tree prior to construction also can help identify growth
problems.
~~_~lt;
~
Fif"t'613. Suc~
symptom of ctm.
bud sOl
scars J
I
Figure u. ,Anm
d/stQ7fCe betMIu.
twig$. The twigJ
flSUall)l grow tw
longer each yea
If you purchased yow: home fonowing construction, you can identify deep fills around
large trees by looking for buttress flares at the base of the trunk (Figure 15). Most
common shade trees in Minnesota have buttress flares, and their absence usually
indicates that the tree's base has been covered. It may be helpful to e~ine the condition Figure 15. TQ d
of trees on other sites where your builder has worked. the grade has ~
_ trec:s Qn a new..}
the presence oj.
the base of the t.
In many cases you would be wise to have a tree-care specialist look for early symptoms
of tree ~ss. Dollars invested in consultations with prOfessionals before damage
becomes obvious may be repaid in considerable savings later on.
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 2~
Page 13 ot':l,~"
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Treatment of Damaged Plants
~~.d;
When a tree is injured by construction activities, energy and resources nonnally used for growth must be
toward the process of wound closure and regrowth. During this critical period plants are particularly vul
additional stress, especially insects, diseases, and severe weather. You can minimize these problems by (
the damage.
Water
Construction activities often alter the amounts of water received by trees. Thoroughly water plants befOl
immediately after they receive any kind of direct damage (e.g., severed roots). Continue periodic wateriJ
to five times pet swnmer) throughout the next several growing seasons. Be careful not to overwater you:
the soil to a depth of 8-1 0 inches throughout the PRZ is a good rule-of-thumb.
Two to four inches of mulch (wood chips or bark) spread over as much of the root system as practical w
retain water and stimulate root regeneration. Living ground covers over the root system win have a simi
may he more aesthetic. Apply these techniques to any deciduous tree exhibiting wilted leaves or any COI
dropping excessive amounts of needles from the inner branches.
Drainage systems and grade changes roay cause some trees to receive too much water. Species differ in '
water they can tolerate (Table 1). Intolerant plants win exhibit twig and branch death. don't wait for thes
appear. Jfyou suspect your plant is receiving too much water. contact a tree-care specialist for an evalua
problem. Treatment differs by tree species and by the ammmt of time the water remains on or close to tb
some species. a retaining wall or culvert may be peeded to redirect the flow of water.
Excavation of Back-Filled Trees
If you or your tree-care specialist has detemrined that excessive soil additions have been
made around valuable trees, efforts should be made to restore the original grade. at least
within the PRZ.
Approach this grade restoration carefully. Determine how much fin has been added by
sampling depths at several different points within the PRZ (Figure 16). If the depth is
great (more than 12 inches). you may remove most of the backfill with mechanical
equipment. Once you are within 10 to 12 inches of the original grade, complete the fill
excavation carefully with shovels and rakes. Make certain no soil is piled up against the
tree trunk. and aerif}' the soil within the PRZ to complete the operation If the tree is
already exhibiting advanced symptoms of decline, however, restoration to original grade
will probably be fruitless. In this case, remove the tree and plant a new one.
Aeration and vertical mulching
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.
i
FigllN )6. Befo
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raJce vertical $aJ,
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Protecting TreeS From Construction Damage: A Homeownerfs Guide
PAGE 21
Page 1-l Ot,L.U
Soil compaction around a tree's roots may cause leaf Wllt, early fall coloring, top dieback. Figlln 11. A se;
and slow growth. Reduce the effects of compaction by carefully drilling a series of two- holes. 12 to 18 it
inch-diameter holes in the soil to a depth of 12 to 18 inches. Begin three feet from the allevrate .root dr.
tree trunk and continue drilling at one- to tbree-foot intervals in concentric rings ar01md compacnon.
the tree out to the PRZ (Figure 17). Each hole may be refilled with sand, peat moss. or mulch. For sever.
soils. this procedure-called vertical mulching--should be repeated every tw'o to tbree years until the tree
recovered. A tree-care specialist may recommend other alternatives, including soil injections of air or pr
to improve soil aeration.
Fertilizer
Injured trees may need additional nutrients to replace damaged root systems. Fertilizers containing phos:
nitrogen can help stressed plants recover since these nutrients promote root and plant growth. Avoid exc
increased stem and foliage growth can cause stress, especially during hot, dIy weather or if the tree has 1
to construction activities. Because of this problem, many experts recommend waiting two years after dm
occurred before fenilizing the trees. Specific guidelines for selecting and applying fertilizer are clescnbe
Fertilization (Minnesota Extension Service publication f_Q:.Z:t:JJ).
Pruning and Wound Repair
Careful pruning and wound repair are important treatments for damaged trees. PrllJ).e broken or dead bra
the branch collar (Figure 18). To test whether a branch is dead. bend several twigs. Twigs on live brand
pliable, while twigs on dead branches tend to break. Buds also can be used to evaluate branch condition.
appear full and DonnaI in color while dead ones appear shriveled or dry.
Pruning is commonly recommended for large trees that have suffered root danlage.
However. opinions differ over the merits of this practice. Asswning that the tree bas
adequate water and is not in severe decline. some experts believe that retaining maximum
leaf cover is important fOT root regeneration and only dead limbs should be removed.
Others argue that pruning selected live limbs is necessary to compensate for lost roots.
Generally, it is best 10 follow the recommendation of your tree-care specialist
experienced in construction damage to trees.
l'tn.:l"'aI:cJ},8
~-
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~
111..-0011.
Fifllre 18. Pro,
brQrlCh collar.
When properly done in moderation by a skilled prOfessional, pruning may reduce wirid
resisw.nce and limb failure and improve uee health and appearance. DO NOT let anyone cut off all of th
the same height (f1 topping").
The treatment of trunk wounds depends on the extent of damage. If 50 percent or mOle of the bark has b
around the entire trunk, the tree will not likely survive and should be removed. If only a patch of bark hf
leaving a few splinters, use a sharp knife to cleanly cut off the loose bark to a place on the stem where it
attached. DO NOT make the wound any larger than necessary.
You do not need to use pruning paint 9r llressing to cover exposed wounds or pruned limbs. E"~pt for ~
involving disease control, these products d~ little more than improve appearance.
Oak Wilt
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 22
.Page Ib or .lV
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Fipre Ig. Trees with r:rtensiw: dlebacle, disease. or damage may pose a
threat to property and people, A tree-cme specialist should evafuale and
if necessary nmove $IIch trees.
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Street Trees and Construction Damage
Bll~lf,
Established Street trees are subjected to damage from construction activities perhaps even mOle frequent
trees. The infrastructure of any community-streets, sidewalks, curbs, and bmied utilities-is continually
repaired, or expanded and trees growing in boulevards (tree lawns) or close to these public services are'
construction activities.
The most common type of damage street trees suffer is root loss. This is particularly hannful because tb
are growing in root-limited spaces. and are often less healthy than other landscape trees due to the envi...
of boulevards (small volumes of soil. often a pOOr quality of soil. accumulations of deicing salts, and em
drier conditions than other landscape sites).
Trees growing in boulevards 01 near streets typically have an unbalanced and vel)' restricted root distnb'
any root removal or damage during construction is often a more significant loss compared to trees growi
areas. Root loss not only affects the health of these treeS but a more serious effect may be on their condi'
A boulevard tree that experiences significant root loss will have a different center of gravity as a resuh. .
balance often results in less stable trees-~espo;ially the large~ mature ones - and leaves them more vulneJ
(wind throwing) during severe weather.
Minimizing construction damage to street trees
Minimize root loss.
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Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 23
Page l'I 01 LU
Most healthy trees can tolerate one~sided root cutting and recover from the loss with long-term after~car.
roots cut on two sides usually suffer much more damage and are less stable (see Figure 20). It is questio:
save trees that suffer root loss on three or more sides.
The number of cuts near street trees may be reduced by II. variety of
mctl10ds and compromises. If possible, avoid widening streets or
sidewalks when they are replaced. If curbs are slated to be replaced,
hand.-form the curbs adjacent to tree rootsJ rather than excavating with
machinery for mechanical forms. Excavation with machinery destroys
major branch rootsJ even if the new curb remains in the same position as
the old curb.
Consolidate utilities into coItlIIlon trenches whenever possible, and
tunnel under tree root systems (see Figure 8). Often it is possible to run
several utilities in a common trench. minimizing the number of trenches
and root cuts.
Do not regrade the surface of the boulevard. Although it is not trenching,
it still cuts and removes roots. usually the fine roots that absorb most of
the water and nutrients for the tree. If the new grade creates a
mowing/maintenance problem. considet the installation of retaining
walls at the curb line, or remove the turfgrass from the boulevard and
replace it with mulch and landscape plantiogs.
Avoid Damage to tlte SoiL
Do not allow tquipn1811t, vehicl~s. or materials to be stored on the
boulevard Establish a separate staging and ~king area on a paved area
away from the tree lawn. If this is oot possible. cushion the boulevard
with at least six inches of wood chips applied as a mulch.
Do not allow any foreign materials to be buried or deposited into the
boulevard soil. Don't bury debris (such as concrete) or wash out
equipment or tools in the boulevard soil area.
Maintain the Health oflhe Trees During Construction.
A.s long as the soil drains water adequately, water, water, water the trees.
root systems. Adequate water before, during, and after constmction is
the roost critical requiremcm.t for boulevard trees if they are to tolerate
cons1:IuCtion damage. Place sookcr hU'!\:3 o~ct ~ii rout systems afid.
soak them a. minimum of one time per week during construction and
immedia.rely after. allowing twO to three hours pet goaking.
COlltinue Therapy and Carefo~ St!11eral fetf(S AJf~r CQ~qip'".
El~
QII
(
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;"''f.~ j~".!'!>> oiIlI pjllli!
fjlldol'~>tIO eut{ll1, ,.e-....24' a
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Fipre 20. RDot cuts on more thani.
affect the health and stability of ev6
'i~!ii;~~i~f~~:.
· ~1-' ii'" :',,';:';c' dA' '-~i~
, _ 1l'\
F!:1t~ 21. (: 9.wick1: p!!!!!!i!'.g a "b!a
m an alternative to I7lrf C(1IIer.
"
"
Never let the trees become water stressed Plan on baving an lirbOrist remove dead wood in tIle ~~y "i
three years after the CQostruction. Seriollsly consider removing tbe turf from the trees' root systems and 1
ht1p:l/Www.extension.umn.eduldistributiontbousingandclotbingIDK6135.html
3120/05
133/20/213135 21:12 5514534595 ECONOFOODS
Protecting Trees From Construction Damage: A Homeowner's Guide
PAGE 24
Page 1 is or .lU
mulch and low-growing shrubs and herbaceous perennials. "Blooming boulevards" are becoroinl Jl'lM,e,,(
communities across the mwon and are often allowed in city ordinances (Figure 21). If your community'~
allow "blooming boulevards," try to have them changed.
Reconsider Rl?planting Narrow Boulevards.
Not all boulevards should have trees growing in them. Trees are most at risk for future cODS1IUctionlrecc
damage when e lanted in bo evards less than 8-10 feet wide. In places where boulevards are ve
consider creating .. QI'een easements" that a ow pu lie trees to be planted in private lawns adjacent to the
They will enjoy a larger rooting area lUld a longer life.
...,.-.y......-_--~-------+-.---~............-----<-tV--.-..}Oo"',......,....-----~...........-.-~="",....-~....#."'....___~...---<-t....-.....-........,.....-...-~.".--~~
Conclusion
:!?,jl,.;.k
It's not always easy to save trees durO construction, but your efforts are worth the trouble. HealthY, we
can in values by 9 to 27 reen Protecting tree health on a construction site is a matter (
pacts. Advance p anntng and simp e steps to minimize damage often can prevent future pro~
trees have a tremendous capacity to survive disturbance, but in an urban setting we continually test then:
to protect and monitor the health of your investment. Your. home and our commm1.ities will be healthier,
places to live. .
-
'olo..._.....__~~~"'"'~_......_#.f.-:1:'-:"".~-.......--.-.:"'l'.,...,-..- . _-t.;."............~.-._.... .,-,.....^.__~~':I~_c.. ':""'/_.....----~.~"... 4..... --(,......,..~..-_. oJ'OO;.......w---..- ~.',._-.----~.~
References
ll~c.k
Cervelli, Janice A. 1984 "Container Tree Plantings in the City" Journal of Arboriculture 10(3):83-86.
Fazio, 1. R., ed. 1988. ResoMng Tree-Sidewalk Conflicts (No.3). Tree City USA, National Arbor Day F
Arbor Avenue, Nebraska City, NE 68410.8 p.
Fazio, J. R., ed. 1989. How to Save Trees J)uring Construction (No.7). Tree City USA, National Arbor:
100 Arbor Avenue, Nebraska City, NE 68410.8 p.
Forest Health Monitoring, /998 Field Methods Guide. USDAFS, 1998. Number 649. National Forest H
program. Research Triangle Park, NC 27709.
French, D. W., and J. Juzwik. 1999. Oak Wilt in MinnesotaQ\1I'<~J.1..'!')' University ofMirmesota, Minne:
SeJVice, St. Paul, MN 55108. 6 p.
Harris, R. W. 1992. Arboriculture: lntegr:ated Managemenl of Landscape Trees, Sl'zn4p~, and Vines. Prel
Englewood Cliffs, NJ 07632. 674 p. . '.
Hauer, Richard J.. Robert W. Miller, and Daniel M. Ouimet 1994 "Street Tree Decline and Construeti01
http://www.extension.wnn.eduldistributionlhousingandclothinw.DK6135 .html 3/20/05
A-
COUNCIL MINUTES
PRE-MEETING
MARCH 21, 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
David Urbia, City Administrator; Robin Roland, Finance Director;
Kevin Carroll, Community Development Director; Randy Distad,
Parks and Recreation Director; Lee Mann, Director of Public
Works/City Engineer; Lisa Shadick, Administrative Services
Director; Cynthia Muller, Executive Assistant
2. APPROVE AGENDA
MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION
CARRIED.
3. CITIZEN COMMENTS
4. COUNCIL REVIEW OF AGENDA
Councilmember Pritzlaff asked about item 70) Ash Street Easement Acquisition. City
Engineer Mann replied this is for property owners that have settled. There are two
properties that have the agreements in the mail and four or five are outstanding out of a
total of 42. The total budget impact so far is approximately $30,000.
Councilmember Wilson stated there was an interest in moving item 109) to consent, but
he had some questions. He wanted to see more park dedication over the 4.3. The
operation of a lift station was discussed. Councilmember Wilson asked ifthere had been
any concerns with the platting ofParkview Ponds. Mayor Soderberg replied the biggest
concern was residents from Embers Avenue being concerned with how the development
would line up with Embers Avenue. Councilmember McKnight and Wilson wanted to
see a presentation on this. It was not moved to Consent.
Councilmember McKnight made a correction to the March 7, 2005 minutes, where he
abstained from a vote.
Councilmember Fogarty asked about the AUAR for the Giles/Murphy property. It
mentioned about commercial being four stories and asked if the City could have
buildings that tall. City Engineer Mann did not believe anything in the code prohibited
four stories. The fire department would require equipment to deal with that height. He
will also check with the FAA on height restrictions. Community Development Director
Carroll noted the original concept plan did not show commercial in this area. This
information was given directly from the developer to the engineer. The Planning
Council Minutes (Pre-Meeting)
March 21,2005
Page 2
Commission has not discussed this and staff has not taken a position on this. It covers 3
acres out of 400 acres. Councilmember Fogarty noted there is a huge protected area for
wetland classification in the northeastern part of the parkland dedication. She asked if
that will cause problems with developing the park. Parks and Recreation Director Distad
replied no, that would be a natural, open-space area. It would be encircled with a trail.
The AUAR shows parkland dedication of20 acres and Parkview Ponds is four acres. She
had understood the park was supposed to link up and be a 35-acre park. She asked where
we lost 10 acres. Parks and Recreation Director Distad replied the park is not shown in
phase 1, but it is shown in phase 2. Staffwill work with the developer to acquire the 35
acres, whether through park dedication or fee acquisition. The plan for the 35-acre park
was to build an athletic complex. Part ofthe 35 acres will come from the property to the
east, the Iola Harris property. The Giles property and Harris property will be combined
to create the 35 acres. Parkview Ponds will not connect to this park because the north-
south road splits the area.
Councilmember Pritzlaff also asked about the AUAR and infrastructure development.
Staff explained how the infrastructure systems would be reviewed. As far as the
extension of Diamond Path, he assumed the road would be built as development
occurred. He asked if Diamond Path north ofthe river would be built into this project.
Staffnoted the project will start in the north and move south. Until the southern portion
is developed that connection could not be made. As the area south of 195th is developed,
Diamond Path will be built. Councilmember Pritzlaff then asked about the location of
sensitive receptors. Sherri Buss, Bonestroo, explained these are noise sensitive receptors
for residential uses, not industrial or commercial uses.
Mayor Soderberg will be moving several items to the Consent Agenda from PRe. City
Administrator Urbia suggested moving item 10i) after lOa).
5. STAFF COMMENTS
6. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 6:56 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~ :P7udL
Cynthia Muller
Executive Assistant
COUNCIL MINUTES
REGULAR
MARCH 21, 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
Andrea Poehler, City Attorney; David Urbia, City Administrator;
Robin Roland, Finance Director; Kevin Carroll, Community
Development Director; Randy Distad, Parks and Recreation
Director; Lee Mann, Director of Public Works/City Engineer; Lisa
Shadick, Administrative Services Director; Lee Smick, City
Planner; Cynthia Muller, Executive Assistant
Katherine Koch-Laveen, John Anderson, Jon Fruchtman, Sherri
Buss, Matt Corrigan, Derek Kuehn, Tom Gindorff, Chris Gindorff,
John Kapustka, Tom Armstrong, Bob Kriha, Frederick Melo
4. APPROVE AGENDA
City Administrator Urbia added item 10i) Review/Approve Draft AUAR for Farmington
Giles/Murphy Property. He suggested moving this after lOa).
Mayor Soderberg pulled item 71) for discussion, and moved items 10b)d)e) to Consent
Agenda.
MOTION by Fogarty, second by Pritzlaffto approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Introduce New Employee - Solid Waste
Mr. Todd Stephenson was introduced as the new Solid Waste employee.
b) Introduce Promoted Employee - Public Works
Mr. Jeff Jones was introduced as the new Maintenance Worker in Public Works.
6. CITIZEN COMMENTS
Mr. Tom Gindorff, Boy Scout Troop 119, thanked Councilmember Pritzlafffor his
participation in their March 14 troop meeting. They are working on obtaining their
citizenship merit badge and one of the requirements is to interview a leader in the
community. Councilmember Pritzlaff discussed issues with the Ash Street project and
the Great River Energy project.
Council Minutes (Regular)
March 21,2005
Page 2
Mr. John Kapustka, 19482 Evening Star Way, has been keeping track of the high school
site issue. He wanted to give an update and keep the community's interest. It appeared
to him the school district is playing a game of chicken with the Council, Planners, staff
and citizens regarding the Flagstaff Avenue site. Last Thursday, there was an
Environmental Quality Board meeting to consider the school's request to move the
Christensen property out of ag preserve. What was at stake was a vote to schedule a
public hearing in Farmington so the EQB could hear arguments for and against changing
the designation which would allow the district to build a high school in that location.
Despite the recommendation ofEQB staff, Mr. John Larson, and despite the wishes of
the Met Council and the Department of Agriculture, the motion failed 5 to 4, which
means a 60 day review period expired today, which allows the school to proceed with
their plans without a local public hearing. In the district's presentation, their attorney
stated regardless whether there was a public hearing, regardless of whether the EQB
approved or not, regardless of a potential one year delay or not, the school does not
intend to find another site on their own. They do not care ifthere is overcrowding. Even
if the comp plan is not changed, even ifthey cannot get the Christensen site rezoned,
even if a conditional use permit is not granted, and even if they cannot get plat approval
in time for the high school to be opened in the fall of 2008, they are holding kids hostage
to overcrowding to get the Flagstaff Avenue site. He does not find that acceptable.
There is a need for a high school and it needs a site. Mr. Kapustka presented a map
showing the proposed location. Recently the City announced there will be a new north-
south route from 160th Street southward between Pilot Knob Road and Hwy 3. This is an
extension of Diamond Path. It will intersect 195th Street east of Akin Elementary.
Further east is a potential site for a Community Center. Further east yet, is an area along
Hwy 3 across from Southern Hills Golf Course. Mr. Kapustka feels this area would be a
perfect location for the high school. The district will oppose that because it would
require eminent domain. That is not a bad thing. It fits in so well with the 2020 comp
plan and the current population base it is a great site. It is at the intersection of a planned
four-lane road. 195t Street can be expanded to four lanes and also Hwy 3. It is within a
half mile of Diamond Path. It is a great place for ball fields and soccer fields and perhaps
these could be shared with the Community Center. It is a lot closer to the current
population. We would not be wasting millions of dollars building roads from Flagstaff
Avenue to make this safe for the traffic and we would not have kids sharing the road with
farm machinery. Leadership will be needed from the Council with support from staff, the
Planning Commission and the school district to have an open mind. He would like the
City and school to work on this together and feels most people would support that. More
than 14% of eligible voters voted in the last referendum. That is where we got the $112
million part of which is being spent to build a high school where it does not make sense.
He challenged everyone to remember both the school district and the City are using our
tax dollars for this. You and I are paying for this one way or the other, so we might as
well end up with something we can all be proud of forever. We are about to leave our
mark on the landscape. He asked that we use common sense and do it right.
Council Minutes (Regular)
March 21,2005
Page 3
a) Mr. John Ristow - Ash Street Project
Mr. Jonathan Fruchtman was representing Mr. John Ristow, owner of two lots at
1014 7th Street that will be impacted by the Ash Street project specifically the
proposed sidewalk and five trees on his property. There continues to be a high
degree of concern by the affected property owners as to the affect ofthis sidewalk
on their property. He provided a petition signed by eight landowners that will be
affected other than Mr. Ristow who are opposed to the current plan regarding the
sidewalk. As this Council is aware, there are five trees planted in a row, which
are barrier trees on Mr. Ristow's property. He noted at a prior Council meeting,
he reviewed a video tape, there was a statement these trees may be in the right-of-
way. They believe this is incorrect. Mr. Ristow has secured a recent survey
which indicates that all five trees are not on the right-of-way, but are in fact, on
his property and the City would therefore, be required to compensate Mr. Ristow
for the destruction ofthose trees. These trees are Colorado spruce trees, about 12
years old. They are large trees, approximately 14-20 ft. high. They form an
important part of the value of Mr. Ristow's property. They do this by
beautification, they do this as a place for wildlife and song birds to congregate
and they do this by providing a privacy barrier to his property as well. The City
has suggested that the trees can be moved. He believed there are various
estimates the City has received for this. He thought the latest was $175 per tree.
They think these are dramatically too low. In fact, Mr. Ristow has secured an
estimate from a specialist who is very knowledgeable about moving Colorado
spruces and he estimates the cost of moving these trees would be $6,000 and that
includes a guarantee if the trees don't survive to repair them. What it doesn't
include, and he believed what is not included in the estimates provided by the
City, is that once these trees are moved that is not the end ofthe equation. The
trees have to be cared for over a period of up to six years and this would require a
significant expense by the City. Even with this type of care, even with fully
professional moving by knowledgeable experts, the trees still are as likely as not,
not to survive. They have a letter and an article, and will provide copies to the
Council, from a Professor Gary R. Johnson of the University of Minnesota who is
an expert regarding Colorado spruce, moving of Colorado spruce, likelihood of
survival and what needs to be done to care for them. They think this is an
expensive proposition to move the trees and to care for the trees and likely as not
will not be a successful proposition. Professor Johnson estimates that trees such
as these, can add a value to a property of9-27% ofthe total property value. Mr.
Ristow has instructed him, ifhe cannot resolve this matter, they would prefer to
resolve it, he knows the Council prefers not to use their eminent domain power
and would prefer a resolution, but if they are unable to do that and the City
proceeds with eminent domain, they will appeal and he thinks they ultimately will
receive a significant reward and ultimately the expense to the City will be greater.
They would like to see a win-win solution and they do not think all the solutions
have been considered at this point. They think the current proposal is something
all the parties will eventually lose in a way that is not necessary and in a way that
is not cost effective for anyone. From reviewing the video tapes of the prior
Council meetings, it is clear the City has a number of concerns. He believed one
Council Minutes (Regular)
March 21,2005
Page 4
of the proposals made by Councilmember Pritzlaff, or not a proposal but
something he had raised, was that the sidewalk be placed on the curb. He thought
that what might save the trees as well in this situation would be if the sidewalk,
rather than placed on the curb, is ifthe boulevard were shortened from 6 ft. to 2 ft.
If these were done, perhaps you could still maintain a 5 ft. sidewalk, not a larger
sidewalk. He was here representing Mr. Ristow. He was not here representing
other property owners. He thought Mr. Ristow has a unique situation with these
trees that might not apply to other property owners, although they certainly have
their concerns as well. If this was done for Mr. Ristow's property he did not think
the value in a uniform straight sidewalk would be outweighed by the other values
of saving the trees and saving the cost and saving the value to Mr. Ristow's
property. That value and uniformity would be overcome. He thought if this was
done, another concern stated by the Mayor and Council was safety of people
using that sidewalk. If there was a shorter boulevard that would allow the trees
not to have to be moved he thought there would be adequate safety with a shorter
boulevard, but still a boulevard for individuals using that particular sidewalk. It is
important to note that when moving these trees, as Professor Johnson indicates,
95% ofthe root system is destroyed. You simply cannot move mature trees like
this safely, particularly Colorado spruce. Professor Johnson has done studies on
this. In the article provided, he indicates there is a substantial to medium risk that
these trees will be destroyed even though they were moved perfectly,
professionally, and cared for well. The risk is still high. They think there are
other ideas that have not been explored. Such as the idea he just suggested, does
not involve moving the utility pole. It won't delay the project. He knew that had
been a concern ofthe Council as well. It won't create the underground utilities to
have to be moved. It would satisfy all concerned and it would be a plus for
everyone. He thought the alternative is that Mr. Ristow feels, the trees are moved
they will likely be destroyed and placed in a position closer to his home which
will block the view and rather than being a privacy plus for his home, they will be
obstructing the view. As such he feels there will be substantial damage and he is
certainly interested in pursuing that, but we would much rather pursue a win-win
solution and they think that can still be done. It is not too late. They think the
situation with Mr. Ristow's property is a unique one and a unique solution can be
found to save those trees and satisfy the reasonable concerns of the City of
Farmington.
Mayor Soderberg asked Mr. Fruchtman to provide his documentation to the City
Administrator. Typically protocol is that staff will respond to each of your points
in writing. Councilmember Pritzlaff stated on behalf of Council he has done a lot
of research on the property. Both Councilmembers Wilson and McKnight have
been involved as well as the Mayor has also gone to the site. At this point in time,
the last thing he proposed was to move the sidewalk back. Engineering will
provide Mr. Fruchtman with figures and Councilmember Pritzlaff faxed three
copies to Mr. Jerry Ristow in Florida. One has to do with the cost of moving
poles. Even if we move that back, and with the widening of the sidewalk for
safety, we are talking a minimum of $60,000, close to $85,000 possibly. With
Council Minutes (Regular)
March 21,2005
Page 5
those figures we have taken a turn of not being able to do that, also with the safety
issue. When he spoke with Mr. Jerry Ristow, he did not specifically say, but he
was more leaning toward not moving the trees, but possibly trimming them. Jerry
Ristow told him to go to 203rd Street and look at the trees by a sidewalk that are
trimmed. He did not know if that was an option Mr. Fruchtman was going to
propose to Council to trim the trees. He told Jerry Ristow on the phone that they
are sticking beyond the right-of-way. Although the trunks are on his property, the
branches are sticking 4-5 ft. over the right-of-way. It is not something Jerry
Ristow said, but Councilmember Pritzlaff questioned him as to do you want us to
trim these without moving them. He mentioned another place in Farmington
where they had been trimmed. Is that an option that he is looking at, is trimming
the trees? Staffwill get back with some information Councilmember Pritzlaffhad
gotten to Jerry Ristow on this. They had done some leg work that just doesn't
seem like it will work out to where we don't do something like that.
Councilmember Pritlzaff stated he would leave it up to City staffto respond to
Mr. Fruchtman and get some information. He wanted to comment on some ofthe
things he found out.
Mr. Fruchtman asked to respond briefly. He thought the $60,000-$85,000 figures
if all the sidewalks for that project in that particular area were moved to the curb,
he suggested Mr. Ristow's property is unique and these trees are unique. Perhaps
this could be done for his property and not other properties and the expense would
be substantially less. Overall they are suggesting, it is their belief, that the cost
would be less to the City for that portion of that $60,000 attributable to Mr.
Ristow's property, than it would be if something cannot be worked out and this
matter has to proceed through litigation.
Mr. Scott Thompson, 1021 7th Street, stated he was one that signed the petition. He
thought the biggest win for everyone would be don't put the sidewalk in from Hwy 3 to
6th Street. He watches out the window all the time, and sees maybe three people walk
down there a week if that. Even during the fair, no one parks on ih Street to walk down
there, it is too far. They have the new entrance offHwy 3 where most people pull in and
park if they will be parking on the fairgrounds or they park on 2nd through 4th, or maybe
to 6th Street, but very few park on 6th Street. To save the City money for fighting over the
trees, save us some headaches that live there, the best solution is not to put the sidewalk
in from Hwy 3 down to 6th Street. He thought it was something Council should consider.
7. CONSENT AGENDA
MOTION by Fogarty, second by McKnight to approve the Consent Agenda as follows:
a) Approved Council Minutes (3/7/05 Regular) (3/1/05 Special)
b) Received Information February 2005 Park and Recreation Commission Minutes -
Parks and Recreation
c) Approved School and Conference - Parks and Recreation
d) Received Information Capital Outlay - Parks and Recreation
e) Adopted RESOLUTION R28-05 AcceptingDonation - Parks and Recreation
Council Minutes (Regular)
March 21,2005
Page 6
Mayor Soderberg noted this donation was from Aquila for the Reuse-A-Shoe
program. Parks and Recreation Director Distad explained how the program
operates. The shoes are sent to Nike to be ground up for court resurfacing
material.
g) Received Information January and February 2005 Financial Report - Finance
h) Received Information School and Conference - Finance
i) Approved Appointment Recommendation Community Development - Human
Resources
Mayor Soderberg noted Ms. Tina Schwanz has been working as an intern and was
promoted to Economic Development Specialist. This will go a long way toward
achieving one of Council's goals.
j) Authorized Advertisement for Bids - Public Works
k) Acknowledged City Participation in Spring Auction - Administration
I) Approved School and Conference - Administration
m) Approved Encroachment and Maintenance Agreement-Farmington Lanes -
Administration
n) Adopted ORDINANCE 005-526 Deleting BP (Business Park) Zoning District-
Community Development
0) Approved Easement Acquisition - Ash Street Project - Engineering
p) Authorized Appealing EQB Decision Concerning Power Line Routing -
Community Development
q) Approved Bills
10. b) Adopted RESOLUTION R29-05 Approving School District Speed Study
Request - Engineering
d) Acknowledged Receipt of Grant - Fire Department
Mayor Soderberg noted this grant was received from the Department of
Homeland Security. Fire Chief Kuchera and the Fire Department received the
grant in excess of$IIO,OOO. He congratulated them for ajob well done. This
will go a long way in providing equipment for the firefighters. Fire Chief
Kuchera thanked Council and staff for their support in working with them to
make this happen. It is not something that is over with. They will continue to
apply for the grants on a yearly basis.
e) Adopted RESOLUTION R30-05 Amending 2020 Comprehensive Plan from
Restricted Development - Community Development
APIF, MOTION CARRIED.
7.
1)
Adopt Resolution - Supporting Electronics Recycling Legislation - Parks and
Recreation
In reading the letter Mayor Soderberg received from Commissioner Harris
requiring manufacturers to be responsible for their waste is not something he
opposed. He had a problem with some of the sections ofthe actual legislation.
We are singling out one segment of industry and he asked if this is required oftire
manufacturers, petroleum distillers, manufacturers of paints, appliances, chemical
producers, batteries, all things identified as waste that have to go into our landfills
or have to be recycled. He realizes the expansion oftechnology has created some
challenges, this particular piece of legislation they are asked to endorse singles
Council Minutes (Regular)
March 21, 2005
Page 7
out a manufacturer and he did not think how this will impact these manufacturers
and the jobs and their ability to operate has been considered. He supported
finding ways or the state seeks ways to find viable financing to eliminate CRT's
from the waste stream, he has some problems with this particular legislation and
could not support it.
Councilmember Fogarty agreed. She is uncomfortable with the wording of the
legislation. She agreed we need to make sure we address recycling. Farmington
is being responsible in our curbside clean up day where these types of things can
be taken care of.
Mayor Soderberg asked if Council wanted to defeat this entirely or change the
resolution to reflect their support of legislation that creates viable solutions for
electronic waste before the prohibition. Change the resolution so we can convey
we support working on this, but so it doesn't put our stamp of approval on this
document. Councilmember Wilson preferred to vote on the resolution as is.
Parks and Recreation Director Distad explained the state is trying to reduce the
impact on government as far as being responsible for recycling and reusing the
CRT's. So they are asking the manufacturers and retailers to help participate in
this process so the burden doesn't fall entirely on the government to dispose or
recycle CRT's. He realized there are a lot of regulations in the legislation. It will
reduce the impact it will have on government once the legislation takes effect July
1,2005. Once it takes effect, they are no longer allowed to put any CRT's in the
landfill. They have to go to recycle sites typically handled by government
agencies. The CRT's from the curbside clean-up go to the Eco-Site in Eagan.
Staff was not familiar with the process they use, but it is run by the County.
Mayor Soderberg was in favor of working with the manufacturers and retailers in
finding ways to do this, but when it becomes legislation regulation, it is not asking
them it is telling them you will pay and this is how much you will pay. He did not
see any evidence that it has been asked of them to participate to find a solution.
He agreed with partnerships, public-private partnerships to deal with the problem.
There is a problem and he supports the legislature exploring that in a more
amicable way. MOTION by McKnight, second by Pritzlaffto approve the
resolution supporting electronics recycling legislation. Voting for: McKnight,
Pritzlaff. Voting against: Soderberg, Fogarty, Wilson. MOTION FAILED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
Council Minutes (Regular)
March 21,2005
Page 8
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Wetland Health Evaluation Program (WHEP) Presentation - Engineering
Ms. Katie Galloway from the Friends ofthe Mississippi and Ms. Katherine Koch-
Laveen, a team leader from the Farmington Group gave a presentation on the
2004 data from the Wetland Health Evaluation Program.
i) Review/Approve Draft AUAR - Farmington Giles/Murphy Property-
Community Development
Ms. Sherri Buss, Bonestroo Engineering, gave a presentation on the AUAR. This
is an environmental review that looks at the potential impacts of a proposed
development on the environment. There are 30 categories they review. This sets
up a mitigation plan that suggests specific tools that will be used to avoid or
mitigate for any of the impacts identified. This project covers 350 acres. The
proposal is mainly residential development. The area drains to Middle Creek
which drains to the Vermillion River. There were no problems with service
utilities. There are very high quality wetlands in the area. The highest quality
wetland is a protect wetland, and that is located in the center of the development.
The City has wetland buffer requirements. There are no wetland buffer
requirements by the state. A protect wetland requires a 75ft. buffer to protect it
from storm water runoff, the next class down requires a 50 ft. buffer. The buffers
are based on the quality of the wetland. The higher the quality of the wetland, the
higher the buffer required. The developer will be required to have those buffers
and pre-treat storm water before it enters the wetlands, and manage storm water
impacts to protect them based on the quality of the wetlands. As far as
transportation, Diamond Path will be built as development continues to the south.
Based on the proj ected traffic in 2015 that is when the connection from Akin
Road to 195th Street should be complete. If it is possible to make this connection
sooner, it will be done sooner. The developer expects Diamond Path to be
completed by 2007. The housing would not be done in that amount oftime. They
will need this road for access to the development. Enforcement of silt fencing
will be handled in the Development Contract. As far as storm water management,
the AUAR looks at what the soils are like, how much water will be generated by
the development versus what is there now, then looks at what the agency
requirements are in terms of managing that and says they believe they can treat
the water adequately before it gets to the river using particular methods. AUAR's
do not require they show the practices they will use. Everything that is done
during development will need to be built to make sure the areas will function
properly after development. MOTION by Pritzlaff, second by Wilson to approve
the AUAR as is. APIF, MOTION CARRIED.
c) 2004 Annual Report Parks and Recreation Department - Parks and
Recreation
In 2004 the City offered 71 programs and events which resulted in 9,847
participants. The Rambling River Center offered 111 programs and activities
resulting in 5,450 participants. There were six fund raising opportunities which
raised just under $6,000. Improvements completed in 2004 included remodeling
Council Minutes (Regular)
March 21,2005
Page 9
of the Rambling River Center which provided new staff offices and a fitness
room. There will be an open house April 4, 2005. There is also a new
receptionist area and round tables were purchased for congregate dining, there is
new space for a computer lab and the center wall was opened up. Regarding park
planning, Hoisington Koegler was hired to assist with development of park master
plans. Plans for Meadowview and Tamarack parks were completed and
approved. In late 2004 master plans for Middle Creek, Vermillion Grove, Silver
Springs and Hill Dee parks were developed and approved. The comprehensive
plan was amended to include a revised existing and proposed park and trail open
space plan map showing future locations of parks and trails. A five-year capital
plan was completed for park improvements and development. Project highlights
were development of Tamarack and Meadowview parks. A couple sections of
trails were added mainly in the Meadowview park and the 195th Street trail
between Akin Road and Pilot Knob Road. As far as park maintenance, 15 fields
are dragged on a weekly basis and 19 fields are dragged for the school district.
During the baseball season fields are dragged 578 times. Regarding the solid
waste division, halfthe people use 60 gallon containers. In 2004, 7,270 tons of
solid waste were hauled to the Pine Bend landfill and another 200 tons were taken
to the Newport facility. Curbside clean-up day was also offered. The City
contracts recycling to Dick's Sanitation. The total tonnage of recycled waste is
1,307 tons. The City recycled 292 tons of cardboard. The City also picked up
Christmas trees and used the mulch for trees. In the ice arena the dasher board
system was replaced, painted the exterior and interior, installed a new sign at the
front entrance and landscaping and moved the flag pole and lit it. Seven new
advertisement signs were sold. The diving boards were replaced at the pool. Two
furnaces and an air conditioner were replaced at the fire station. The HRA
purchased the Blaha building and it is used for vehicle storage. The City is
fortunate to have such hard-working and dedicated staff in the Parks and
Recreation Department. Council also thanked the Parks and Recreation staff for
their hard work.
1) Review Ordinance A-Frame Signs - Community Development
The code currently does not allow A-frame signs. There have been a number of
these signs displayed recently. Staff would like to include these signs in the code
to allow businesses to use them. The requirements for the signs are that the
business shall be allowed to display a portable sign up to 2 ft wide and 3 ft high
on the sidewalk adjacent to the business during regular business hours. The sign
shall be placed in front of the business they promote and not restrict pedestrian
flow, therefore there is a need for insurance. The City Attorney made some
changes providing for the inclusion of allowable zoning districts, require the City
approve the permit with additional terms and conditions including location,
duration, and design and also that appeals be heard at the Planning Commission
rather than the Council. The districts included are the B-1, 2, 3 and 4. Fees will
be the same as for a sign permit. MOTION by Fogarty, second by McKnight to
adopt ORDINANCE 005-527 for a text amendment for Section 1O-6-3(a) 1 subd
(t) of the Zoning Code. APIF, MOTION CARRIED.
Council Minutes (Regular)
March 21,2005
Page 10
g) Adopt Resolution - Parkview Ponds Final Plat - Community Development
The plat consists of 147 single family lots on 88 acres. Lot sizes range from
10,000 sq. ft to 17,600 sq. ft. There are a number of storm water ponds proposed
to lift the housing pads. This is within the special waters district. The developer
has been working with the environmental agencies to make sure they meet the
requirements ofthe trout stream. To the east is the north-south corridor which
links Akin Road to 195th Street. There is a 50 ft. easement along this area for a
powerline. The road connection to Embers Avenue will be 32 ft. wide with a 60
ft. right-of-way and will have a serpentine design to provide traffic calming. The
Fire Marshal has requested a southerly access for emergency vehicles only.
Manley Land Development has agreed to upgrade the farm road to provide this
access. There will be a number of trails around the ponds and along the streets.
Park and Rec has requested a parking lot for the park in the southeast comer. A
wetland conservation permit is required and has been approved by the agency.
Contingencies include:
1. Any engineering issues shall be addressed and approval of construction plans
for grading, storm water and utilities by the Engineering Division shall be
granted.
2. Any Parks & Recreation issues shall be addressed.
3. Execution of a Development Contract between the Developer and the City and
submission of security, payment of all fees and costs and submission of all other
documents required under the development contract.
Councilmember Fogarty asked about block 2 lot 21 and if that would be a
temporary access to 195th Street. City Planner Smick replied with the new
Murphy/Giles development they are proposing the north-south road will be
constructed in 2006. If the temporary construction access is needed, the
developer would have to get a permit from the County. Staffwill watch to make
sure there are not too many homes constructed prior to the north-south road.
Councilmember McKnight asked about traffic calming and stop signs. City
Engineer Mann explained ways to promote traffic calming such as narrowing the
roads and making them more serpentine. Stop signs would have to meet warrants.
There would probably be stop signs at the cross streets and not on Embers
Avenue. Councilmember Pritzlaff asked to have construction traffic minimized
going through the development. Staff agreed that is a continuous conflict. There
will be a lot of digging for the ponds, but the trucks would stay on site. As the
north-south road is built, that will allow some access into the development.
However, it is difficult to not have construction traffic through the neighborhood
due to how the development is phased. Staff does not anticipate trucks going
through neighborhoods to the north. Trucks will come down Pilot Knob Road or
Akin Road and access the area through 195th Street. MOTION by Pritzlaff,
second by Wilson adopting RESOLUTION R31-05 approving the Parkview
Ponds final plat with the above contingencies. APIF, MOTION CARRIED.
Council Minutes (Regular)
March 21,2005
Page 11
h) 2005 Council/Management Retreat Presentation - Administration
City Administrator Urbia presented highlights of the 2005 Council/Management
Leadership, Planning and Team Building Retreat. Goals for 2005 were set during
the retreat. Quarterly updates will be presented to Council.
Mayor Soderberg stated this was a personal goal of his to accomplish the goal
setting early in the year. The previous Council did a good job oflaying down
some goals. At the retreat they built on goals set in the past. Councilmember
McKnight agreed it was time well spent. He encouraged management to bring
this presentation to their employees. He thanked staff for giving up a Saturday to
meet with the Council. He wanted everyone to remember the on-going goals. A
summary of on-going goals will be brought to the next Council meeting.
Councilmember Wilson enjoyed the retreat and thanked the Mayor and City
Administrator Urbia for coordinating this. He left the retreat feeling more
confident about the wonderful staff the City has. Councilmember Pritzlaff agreed
a lot of good came out of the retreat. He felt it built a closer relationship between
Council and staff. Councilmember Fogarty thanked everyone for giving up their
Saturday. She agreed the management team is amazing. She felt there is a
cohesiveness among the Councilmembers. Mayor Soderberg thanked Council
and staff. MOTION by Wilson, second by Pritzlaffto reaffirm the city's motto,
mission statement, values statement and rules of conduct, approve the goals and
report the progress on a quarterly basis at the Council meeting. APIF, MOTION
CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Fogarty: There is a teacher at North Trail Elementary, Ms. Courtney
Dooley, who was inducted into the State Hall of Fame for her pitching when in high
school. She has worked very hard on the autistic program at North Trail.
Councilmember McKnight: Thanked Dakota Electric for the invitation to the Partners
in Progress program.
Councilmember Pritzlaff: The work he did with the Boy Scouts was on behalf of the
Council and he enjoyed it. As a reminder to Council he turned in the review sheets for
the City Administrator's performance review. The deadline was today.
City Administrator Urbia: There will be a workshop Thursday at 5 :30. The LMC
State of the Cities will be March 31. The school leadership breakfast is April 1 , 2005 at
7:30 a.m. The Joint Council/School Meeting will be held April 6, 2005. Council agreed
Council Minutes (Regular)
March 21,2005
Page 12
to do City Administrator Urbia's performance review following the April 4, 2005
Council Meeting.
Parks and Recreation
Director Distad: In May there will be a dedication ceremony for the new
chairs for the Rambling River Center.
Mayor Soderberg: Last Thursday he attended the Coffee with the Chamber.
They had some questions about the City's goals and action steps. Last Friday he attended
the Dakota County Mayor'slManagers meeting and there was a request for elected
representation on the Peace Policy Committee. Meetings would be held every other
Thursday beginning March 24,2005. There would be four meetings. This is regarding
the joint powers for public safety dispatch. City Administrator Urbia will attend the
March 24 meeting and Council will work on their schedules for the rest ofthe meetings.
There was a meeting last Friday with the MVT A and Dakota County Physical
Development and Apple Valley City Administrator Tom LawelL City Administrator
Urbia will provide a summary ofthe meeting to Council.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 10:03 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~/r7~
Cynthia Muller
Executive Assistant
COUNCIL WORKSHOP
MINUTES
MARCH 24, 2005
1. CALL TO ORDER
Mayor Soderberg called the meeting to order at 5:32 p.m.
2. APPROVE AGENDA
MOTION by McKnight, second by Pritzlaffto approve the agenda. APIF, MOTION
CARRIED.
3. TRANSIT ISSUE
Apple Valley has proposed parking permits to park at the transit station in Apple Valley.
The transit taxing district has not changed for 32 years. If Farmington were to join the
taxing district it would cost the City $202,000 without a lot of service. If Farmington
were to join it could be structured as follows:
1. Farmington could join, but there would be nothing applied towards providing
service to Farmington for a long time.
2. Another would be to do something voluntarily or negotiate with the Met Council
and MVT A and try to get some sort of service. Legislation has been introduced
for voluntary expansion of the taxing district. This bill would expand the taxing
district voluntarily by an agreement between the Met Council and the City. The
agreement must describe the type and level of service. The agreement would
allow the City to join the taxing district over an 8 year period, allow for an
agreement for the Met Council to levy within the City, the levy could vary
throughout the City, the levy could be used for operations or to pay principal and
interest on transit bonds. The legislation would go into effect with taxes payable
in 2006.
There were 143 license plates identified from Farmington in the park and ride lots. In the
meantime, Council and staff are working on a way to allow Farmington residents to
continue to use the park and ride lots. There is a timetable for developing a plan. The
143 license plates were throughout the south metro. There is not enough parking at the
Apple Valley transit station. Notices were sent by Apple Valley that towing would begin
for cars parked in the Carmike Theater parking lot. Also, Watson's will no longer allow
parking in their lot. Apple Valley did allow some on-street parking. City Administrator
Urbia suggested an option would be a shuttle from Farmington to Apple Valley. The
permit issue will be brought to the EDA board meeting on April 10. There would be a
30-60 day period after that before enforcing permits.
Councilmember Wilson asked ifthere was a definitive response as to how long
Farmington residents will be allowed to park there. Councilmember Fogarty replied no,
but she feels this will happen. Apple Valley does not want to have to issue permits, but
they are running out of options. The Apple Valley residents pay for the park and ride lot.
Representative Garofalo is a co-sponsor on the bill to allow more cities to join the transit
taxingdistrict. If you are not currently a member, there is no incentive to get involved in
the process. This bill will provide a tool for local government to address the issue. He
Council Workshop Minutes
March 24, 2005
Page 2
thanked Council and staff for getting involved right away. There is a three-prong
approach.
1. Need to expand the capacity at the existing facility. The house bonding bill contains
$10 million for the Cedar Avenue bus way. The majority will go for Eagan. Next year
money could be submitted for phase 2 which would include a bridge for the Apple Valley
facility.
2. Get the park and ride lot at 160th Street up and going.
3. The permit issue. As a resident of Farmington he has a problem with this, but he also
does not like the idea of local communities gating off their park and ride lots.
The transit taxing district does not pay for the operating funds to run the bus service.
Everyone in the state pays for it. Two-thirds comes from motor vehicle sales tax and
one-third from the general fund. For people to say we are not paying for the service, is
not true. If Apple Valley insists on moving forward with the permitting proposal,
residents can expect some sort of legislation from the capitol to stop them from doing
that.
Councilmember Fogarty noted the park and ride lot is owned and serviced by Apple
Valley. Residents noted the lot at Palomino Drive is full. MVT A gives the impression
people can park in other lots and it is not possible. Residents heard 50% of the cars at the
park and ride were from Farmington and Lakeville. Once a bridge deck is built in Apple
Valley, it will fill up. Councilmember Wilson felt the media is not giving an accurate
picture. Representative Garofalo felt there are some long-term things that can be
addressed. He hoped a short-term agreement could be reached with Watson's to use their
lot. Mayor Soderberg stated at the meeting last Friday, MVT A is interested in looking at
a temporary park and ride. The City has to engage the Met Council to see what kind of
structure the City can have as far as coming into the taxing district. It was suggested
Farmington contract with the MVTA to bring a bus down here, but that would involve the
Council taxing the residents to cover the cost. Residents had suggestions for vacant
parking at the old Hertz lot at County Road 42 and Galaxie, and where the Dollar Tree
store was proposed. Councilmember Pritzlaff suggested Farmington ask Carmike ifthe
City can have an area for Farmington residents, or in the summer, if people could park at
North Trail and run a shuttle service to Apple Valley. Councilmember Fogarty noted the
short-term solution cannot be months, it has to be years. In the summer Carmike will not
allow parking. The new park and ride at 160th Street is proposed to open in November
2005.
Councilmember Fogarty noted ifthe cities do not join voluntarily, the legislation will
change the regions. Mayor Soderberg stated we are in the best position now to make
arrangements. Right now, ifthe City joins a taxing district, none of what we pay will go
for service. That is part ofthe reason for the legislation. Councilmember Fogarty asked
how time consuming and expensive would it be to check the license plates ourselves in
the park and ride and in the accessory lots. Residents in the audience volunteered to do
this. Residents offered to ask other riders where they are from. Mayor Soderberg felt we
still need to develop and distribute a survey. Even ifthe residents hand it to Farmington
riders. It could also be placed on the website. Another resident suggested making up
cards with the City's website and telling people to complete the survey. Councilmember
Fogarty suggested asking residents ifthey would want a park and ride in Farmington and
where the best location would be. One resident felt it was not really important to have a
Council Workshop Minutes
March 24, 2005
Page 3
park and ride in Farmington, they just need more room for parking in Apple Valley.
Some felt the new park and ride at 160th Street would be sufficient.
Councilmember McKnight is willing to work to resolve this issue, but it depends on
Apple Valley. Mayor Soderberg was encouraged by the contact with Apple Valley and
felt staff should begin working on developing a survey. Residents have indicated they
will help distribute the survey. Councilmember Fogarty encouraged residents to provide
suggestions for the survey. It is the City's responsibility to figure out how to pay for it.
The survey should cover short and long-term goals. There is a meeting at the Apple
Valley Transit Station on April 25, 2005 from 4:30 - 6:30 p.m. They want to know what
kind of routes to plan, such as an express from Apple Valley to Minneapolis. Council
asked to be reminded of this meeting.
Community Development Director Carroll stated most of the discussion has to focus on
short and mid-term issues. Planning has given some thought as to where park and ride
lots should be located. They have identified two sites. Planning felt the best location for
these lots is in commercial areas. One location is the Spruce Street commercial area
south ofHwy 50 at the intersection ofHwy 50 and Pilot Knob Road. The other location
is the Seed-Genstar property west ofHwy 3. At that point 195th Street would go through
to Hwy 3. He asked if residents living north and west would drive south to reach a park
and ride lot. Residents indicated they would if it was close enough. Residents asked if
Farmington would consider a joint solution with Lakeville. City Administrator Urbia
stated that is an option the Council and MVT A discussed. Residents also suggested a
park and ride at Hwy 50 and Cedar Avenue. Councilmember McKnight felt this decision
cannot affect just Farmington. It has to be a regional solution. Councilmember Fogarty
noted Lakeville is putting together a survey and they are waiting for the results before
they discuss the issue. Residents felt both locations are good. If the park and ride is in a
commercial area they will utilize it and do shopping around the park and ride.
Council will support the resolution for transit legislation at the next Council meeting.
Apple Valley will have an implementation plan ready by April 1 0, 2005. That does not
mean they will implement the parking permits at that time. That is the date of the next
EDA meeting. It depends on what the residents of Apple Valley are telling the City.
Residents noted if Farmington residents do not park at the transit lot, the lot would be
half full.
4. SCHOOL SITE UPDATE
There was a meeting March 18, 2005 with Dakota County, school representatives and
staff. The issue of improvements on Flagstaff Avenue and required utility and road
construction were discussed. The 208th Street alignment is proposed to go through the
middle ofthe site. There was some discussion on this alignment and the school district is
taking this alignment into consideration. The school avoided the issue regarding paving
Flagstaff to the border, however Council and staff would recommend this.
Councilmember Wilson noted at the joint meeting there was a lot of enthusiasm for the
Community Center and the possibility of it being adjacent to a high school facility and
the City contributing to infrastructure costs. He felt the school district realized the
gravity ofthe infrastructure costs and the development associated with that. Staffhas
been meeting with the school for over a year. They have encouraged them to understand
the gravity of the infrastructure issue. Councilmember Pritzlaffhad concerns with the
Council Workshop Minutes
March 24, 2005
Page 4
ramifications with the road and infrastructure and when do we say we will not approve
this. City Administrator Urbia stated we have to get down to our core values and where
we will not compromise. Staff noted, if Council says no, they will be the bad guys and
you will be the focus of an intense scrutiny and frustration. The $6.5 million would cover
running water from CR 50 to 195th Street and connect to the trunk water main. This
would be to run sewer only to the school site. This would also cover paving Flagstaff
from 195th Street to CR 50.
Councilmember McKnight asked if staff has a list of issues. He would like to see what
staff sees as issues, estimated costs, school issues, and the process the school has to go
through with the City to get this to completion. If some of the numbers don't match up,
then we need to decide what can be done. Councilmember Fogarty asked if Council
agrees on what they want from this site. She wants 20Sth Street built to Lakeville or at
least accounted for, Farmington will provide the services, and she will not back down
from Flagstaffbeing paved to the border. Councilmember Wilson wants the best site and
the major components of the comprehensive plan not altered. We are not going to be
forced to develop outside of this parameter. Councilmember Pritzlaff agreed with
Councilmembers Wilson and McKnight. He was still concerned with whether it will
come out of ag preserve. Staff stated on March 17 the EQB ruled in favor oftaking it out
of ag preserve. As they did not have nine people there, then by default they did not order
a public hearing. They do not have the legal right to halt the condemnation proceeding.
Once that is completed, it is out of ag preserve. Councilmember Pritzlaff agreed with the
others on 20Sth Street, paving Flagstaffto the border, and the school should pick up any
costs not covered by the City, and that no other development will occur in the area.
Councilmember McKnight would be willing to negotiate on paving Flagstaff to the
border. He would agree to phase it in over a number of years. Mayor Soderberg was
concerned with high school students using Flagstaff and not having it entirely paved. He
wanted Flagstaff paved to the border, the school knew about the infrastructure prior to the
referendum. Staff estimated it would cost $3 million to pave Flagstaff from CR 50 to the
border. This does not include infrastructure. The infrastructure estimate the school
received was for their site only. If Flagstaff will be constructed from CR 50 to 195th
Street we need to extend sewer throu~ the entirety ofthat piece. Staff did not account
for sewer from the school site to 195t Street. Mayor Soderberg noted Lakeville has
approached him regarding over-sizing the sewer pipe to serve the interceptor. Staff stated
you need to consider what the trunk funds can handle. We need to consider the service to
the site versus making sure there are stub outs along the way. Even if development is 20
years away, the sewer pipe has to go in now. There may not be enough money in the
trunk funds to cover those costs.
Regarding the list of numbers, Councilmember Pritzlaffwould like to know how much
would be the responsibility of the school. Staff felt the school understands what costs
they are responsible for. Councilmember McKnight wants this list to be more than just
costs, he wants to know everything that has to be done.
Community Development Director Carroll noted if Council stands in the way of the high
school going on that site without another solution, they will see Council and staff as
being obstructionists. He asked to what extent the Council wants to authorize staff to
explore other alternatives. The school has never asked Staff their opinions of the sites or
asked for site recommendations. There is a small group of residents that will be
suggesting other sites. Staffhas felt they should not be looking for other sites. The
Council Workshop Minutes
March 24, 2005
Page 5
school has selected a site and we should either accept it or reject it. The suggestion that a
possible location be on the Seed-Genstar site did not come from staff. The developer
wants to meet with staff to discuss 195th Street. Much of their planning depends on
extending 195th Street and what it will cost. They may ask for a feasibility study on 195th
Street. They are concerned with the cost of the roadway. The school is prepared to
spend $6.9 million at a minimum for Flagstaff and some infrastructure. We have a
developer on the east side with a large development we want and need and we need a
road built there. IfSeed-Genstar is willing to sell a portion of their site for a school, they
have the opportunity to have someone else pay for a portion of 195th Street. The County
pays for 55% ifit is within the City. If the road is within the township they would pay
100% and they are reluctant to do that. Staff discussed this with the developer and asked
if they would accelerate their annexation plans, so if the Council requests a feasibility
report, it would be for a road within the City. The developer agreed it needed to be done
soon. If the cost is $5 million and the school pays $2.5 million it would enable Seed-
Genstar to move forward and give the City the east-west connection. Look at the
comparison between the cost of 195th Street and Flagstaff Avenue. A good part of the
high school site is ball fields. Ifthere were a Community Center in the vicinity, why not
take out some ofthe ball fields and require a smaller site. The developer might agree to
this. Seed-Genstar is looking at paying 100% of the City's share ofthe road. Staff
wondered if it was economically worthwhile for Seed-Genstar to have the high school
site on their property rather than an elementary school. Community Development
Director Carroll asked to what extent staff can talk with people about this. At some point
Council will have to vote on whether to amend the Comp Plan to create this pocket of
development that was not envisioned in the Comp Plan. If the school pays $7-10 million
for a road and the budget gets tight, they will want to recover that money as soon as
possible. Ifthe City holds the line on development out there, and development is not
occurring that the school district thinks will help them recover their costs, they will not be
happy. There are a fair number of properties along Flagstaffthat are not ag preserve. At
some point someone will want to assess those properties now for their share of the road
costs. Mayor Soderberg wanted to make it clear the City is not interested in developing
out there. Staff noted the school time frame is very short. Any delay is intolerable to
them. 195th Street east of Akin Road is a City road, not a County road. Unless 195th
Street is completed in it's entirety to Hwy 3, it is very unlikely the County will
participate. The County is already in the red for their CIP for the next five years.
Finance Director Roland noted regarding 195th Street west of Pilot Knob to Flagstaff for
Meadowview when the County could not pay, the City carried the County for 1.5 years.
If this is designated MSA, those funds are available. Currently the account is $1.4
million. There are other options assuming that it goes all the way through. She cannot
see Seed-Genstar wanting 195th to go part way. Community Development Director
Carroll stated there are one or two other sites that present far less challenges. Mayor
Soderberg asked how much time can be devoted to this. School has also accused staff of
back-dooring. Should the ideas come from staff or from Council? Councilmember
Wilson asked if Council gave direction, staff would investigate sites and report to
Council and then meet with the school or meet with them, announce the intentions, and
then follow through with discussions with landowners. Community Development
Director Carroll felt the best way would be to operate under the direction of Council with
clear parameters as to what he can and cannot do. If Council wants staff to investigate
issues related only to Flagstaff, they will do that. If Council wants staff to look at other
sites, staffwill do that because they believe there are better sites. Mayor Soderberg noted
part of the school's tight schedule is self-imposed. It was indicated at the EQB meeting
Council Workshop Minutes
March 24, 2005
Page 6
that a year delay will not hurt. City Administrator Urbia suggested letting staff research
the idea with Seed-Genstar and work on issues with Flagstaff and 20gth Street. Finance
Director Roland noted the City's CIP identifies two major projects this year without
Flagstaffwhich are Ash Street and the Spruce Street extension.
Councilmember Pritzlaffhas stated he would not support changing the 2020 Comp Plan.
Since the referendum has passed, he asked ifthe land is already purchased and would that
go against the theory of providing another site. Staffwas not sure. They thought the
property would close in 2006. The Christensen's want to close in March or April 2005.
The school district has been saying they need three sites and they currently have two.
Staff recalled a provision in the purchase agreement whereby if the school decides not to
build there, the Christensen's get the property back at the same price. Councilmember
McKnight stated it has been discussed with the school whether to take it out of ag
preserve. The voters said yes to the referendum. He did not want staff to spend time
looking for other sites for the school. If Seed-Genstar or a resident suggests other sites,
fine. Councilmember Fogarty stated ifthe school is saying the City should fix the
problem it would be good to have an option. She feels the biggest issue will be
completing Flagstaffto the border. She can see the school bringing a plat with Flagstaff
paved to 195th Street and not to the border, and Council will not approve the plat. Then
the Council will be blocking the school. Staff would like to have alternatives for the
school, but to do that staff needs to be able to talk to people. Staff feels this would be
helpful to the school, but is not sure the school would see it that way. Community
Development Director Carroll asked if we have the capability of doing a feasibility report
for Flagstaff and contemporaneously doing one for 195th Street. Assistant Engineer
Gross stated it would be contracted with Bonestroo. Finance Director Roland estimated it
to cost $40,000 each. The funds would come from the road and bridge fund. Mayor
Soderberg asked if doing Flagstaff on the school district's timeline is almost impossible.
Assistant Engineer Gross replied it is impossible to estimate how long it will take without
doing a feasibility report. He recommended ordering a feasibility report for Flagstaff as
soon as possible. City Administrator Urbia stated they want a commitment in writing
from the school first. A feasibility study would take 6 months not including an EA W or
anything else that might arise. Councilmember Wilson agreed we need to be proactive.
He felt we need to develop a checklist, set up a meeting, hand it to them and read it. He
was more than comfortable for Community Development Director Carroll to have these
discussions. Mayor Soderberg agreed that we need alternatives. Councilmember Wilson
stated he knows how hard staff works. They have great ideas and there is no
communication with the school. Councilmember Fogarty felt staff should pursue the
options and let people know Council has directed staff to do this. At the next meeting,
these issues should be brought up. Council should tell the board at the joint meeting
about the things that matter and review the checklist. Councilmember McKnight does
not want to see anything in the school's column as far as money. It should show the
City's position, dollars and the required steps such as the comp plan amendment.
Community Development Director Carroll stated the Planning staffwill not be starting
the search for the school site all over again. As far as Seed Genstar, staff is working with
them to determine if they want a feasibility report for the road. The school will need to
know that ifthey want an elementary school at that site. Ifthis gives them information
on the feasibility of putting a high school on the site, what is wrong with that? There are
one or two other sites staff suggested and staff would like to find out why those sites
were rejected. He will report the information back to City Administrator Urbia and
Council Workshop Minutes
March 24, 2005
Page 7
Council. Councilmember McKnight stated when the school board tells me where to put a
fire station or police station, he will tell them we have professionals to deal with that and
the Council makes that decision. He felt we are crossing a big line because there are City
issues with the roads and sewers, but he doesn't like telling them how to do their job.
Councilmember Fogarty was afraid the school's budget will be short and they will blame
the City. It is not the City's job to reduce their costs. It is our job to make sure we have
our staff making safe roads for the school buses and that the land use is appropriate.
Finance Director Roland stated the school can reallocate the bond proceeds within the
project. The bonds will go to pay for the project budget. Council reached a consensus
for staff to proceed. Mayor Soderberg stated making the site work means presenting the
checklist and informing the school they will need to request a feasibility study.
Councilmember Wilson would like to receive it prior to or at the April 4 Council
Meeting. Council would like it sent with the packet on March 31, 2005.
5. PROJECT UPDATES
City Administrator Urbia handed out information on the Spruce Street feasibility report,
an update on the Community Center, and information on the Clean Water Legacy Act.
Regarding the Community Center there will be a joint meeting with the Park and Rec
Commission and the Community Center Steering Committee on April 13. On May 2 the
report and executive summary will be presented to Council. At the April 4 Council
meeting, staffwill ask for approval to hire Hoisington Koegler to master plan four new
parks.
Councilmember McKnight noted there is a gap on the funding for the Spruce Street
bridge and asked about the amount. Finance Director Roland stated there is a good deal
of items built into the feasibility study and it is a conservative estimate. The difference
between the actual cost and the estimate is approximately $200,000 - $300,000. The
preliminary plat was approved in November 2004. Mayor Soderberg stated it was
approved with the contingency they have all the issues worked out before bringing back
the final plat. Staff noted they are making progress. The final plat could be ready before
spring. Mayor Soderberg asked where they are on the issues with the agencies. Staff
stated there was an issue with the high water level. Staff is working on negotiating the
high water mark. This is needed to determine building elevations and pond elevations.
Instead of piping everything underground, a lot of the parking lot drainage will go
towards CR 50 and through a grass swale to the east and into the ponds instead of being
piped. The developer has also agreed that for the portion of the development closer to the
river, all of the runoff from the roofs is going into some underground piping and will
infiltrate into the ground rather than going into the ponds. The road and bridge plans and
specs are being reviewed by FEMA. Community Development Director Carroll stated
there have been some internal changes to reduce the involvement of Gene and Randy
Pedersen. Mr. Dick Allendorf is the Project Manager, Mr. Bob Pittner is the Corporation
Manager, and PCL is the builder. Staffmet with them on March 21,2005 where they
supplied staffwith a spreadsheet giving a timeline through 2006. They are planning on
coming in with a final plat on May 23, 2005, which would be on the June 14,2005
Planning Commission agenda and if approved, will be brought to Council on June 20,
2005. They are hoping to open at least one business either late this fall or early winter. It
is a nationally known restaurant chain. It would be located on the left hand comer as you
turn off of CR 50 on the north-south road. They could get a grading permit now. They
would begin work on five or six additional lots in April or May and complete by the end
Council Workshop Minutes
March 24, 2005
Page 8
of2006. They would include a bank, gas/convenience store, a hotel and a multi-tenant
building. They are still keeping space for the big box store.
Councilmember Pritzlaffhad asked who the City would have to promote economic
development. Council was informed at the last meeting that Ms. Tina Schwanz has been
appointed to the position of Economic Development Specialist. Staffhas been
interviewing candidates for the Assistant City Planner position.
Councilmember Pritlzaff asked about the prospect of touring some Community Centers
to determine what would be included. He asked if Council, staff and the Steering
Committee could take a bus tour. City Administrator Urbia stated first a feasibility study
should be completed. If approved, then the recommendation steps would be followed
including a tour. Councilmember Fogarty suggested next Council could provide a list of
items they would like to see included in a community center as determined by the
Steering Committee. The Steering Committee needs to know the Council likes the ideas,
if a Community Center should be designed, and partnerships. Then the Council could
take some tours.
Councilmember Pritzlaff also requested information on any projects from the previous
Council. For example, on the Ash Street project, he felt Council was not informed well
enough in advance. He did not want another project to come up without having all the
information. Mayor Soderberg stated there will be issues and projects come up that will
require more research. Staff can provide that information. He requested Council be
cognizant of staff and their time and rather than dropping in on them, call and ask when
would be a good time to meet.
Councilmember Pritzlaff also asked there be a section on the management report for the
City Administrator. Councilmember McKnight liked the update from City Administrator
Urbia and encouraged him to do it more. Councilmember Pritzlaff also requested that
any meetings Councilmembers attend, that they share the information with other
Councilmembers. Mayor Soderberg stated this could be done under Council Roundtable.
Regarding the Ash Street project, Councilmember Wilson does not support doing any
modifications to the project. The previous Council voted for the sidewalk.
Councilmember Pritzlaff asked if staff had any options for the trees. Following are the
options:
1. Not acquire the easement and trim the trees at the right-of-way line and install the
sidewalk. There would be no cost. This would cause the trees to die as half the root
system would be removed to install the sidewalk.
2. Acquire the easement by negotiation or condemnation and move the trees. The trees
would have to be moved back further than the construction easement so they would not
hang over the right-of-way. The property owner would have to give the City right of
entry. The cost would be $150 - $200 per tree with an estimated survival rating of95%-
98%. This would be the most successful.
3. Acquire the easement and cut the trees down and replant trees. The City can spade in
15 ft. trees, which would be equivalent in size. The cost would be $900 per tree and there
are five trees.
4. The City can take the easement, cut down the trees and not replace them.
5. Plant smaller trees.
Council Workshop Minutes
March 24, 2005
Page 9
Council was unanimous that the sidewalk stay in the project as designed. If the owner
does not give right-of- entry and the trees have to be moved somewhere else, it was
suggested to move them to a park.
Mayor Soderberg asked about the McVicker lot. Staff is waiting to hear back from
Dakota County to see what the state will allow the City to do. The County will allow the
HRA to deed the property back to the County, and the County will send it back to the
City and change the current restriction on the deed. Currently the deed reads the property
has to be used for a sidewalk. The County will deed it back with the indication the
property has to be used for redevelopment. Four Star is still interested in the property.
6. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 9:12 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~/??~
Cynthia Muller
Executive Assistant
/b
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: Approve Agreement with Hoisington Koegler Group, IDC. for Park Planning
Services
DATE: April 4, 2005
INTRODUCTION
The Parks and Recreation Department would like to master plan additional parks in 2005 in
accordance with the Five-Year Capital Improvement Plan (CIP).
DISCUSSION
The CIP identified a future park in the Seed Genstar property, Evergreen Knoll Park, and Depot
Way Arts Park to be master planned in 2005. However, staff is proposing that the schedule be
modified in 2005 due to the future park in the Seed Genstar development not being deeded yet to
the City because the platting process has not been completed. IDstead staff are proposing that the
following parks be master planned in 2005: Evergreen Knoll Park, Depot Way Arts Park, the
park deeded to the City in the Meadow Creek 3rd Addition (it actually abuts the area in the Seed
Genstar Development that has been identified as a community park and could become part of the
community park once the Seed Genstar Development is platted) and amend the existing
Meadowview Park Master Plan to account for additional park and open space that will be deeded
to the City from the Charleswood Crossing Development. I have attached a park map identifying
the locations of these parks (Exhibit A).
Hoisington Koegler Group, IDC. (HKGI) was selected through a Request for Proposal process in
2004 to complete the master plans for Vermillion Grove, Middle Creek, Silver Springs and Hill
Dee Parks. As part of that process it was determined by the City Council that the City would
continue to work with the fIrm hired in order to complete master plans for all City parks. It is
being recommended that the City hire HKGI to complete the park master plans in 2005 for the
parks identified in the previous paragraph. Attached to this memo is an Agreement that HKGI
submitted that outlines the scope of service that they will be providing to complete the park
master plans (Exhibit B).
BUDGET IMPACT
HKGI is proposing that it will cost a not to exceed amount of $18,700.00 plus reimbursables
such as printing and mileage at a not to exceed amount of$I,500.00. This represents a 3%
increase over last year's costs to develop four park master plans.
ACTION REQUESTED
Approve by motion the Agreement with HKGI to develop park master plans for the following
parks: the park area in Meadow Creek 3rd Addition, Evergreen Knoll Park, Depot Way Arts Park
and update the Meadowview Park Master Plan to include the park and open space that they City
will receive in 2005 from the Charleswood Crossing Development.
mJrW
Randy Distad,
Parks and Recreation Director
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City of Farmington
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March 17, 2005
Mr. Randy Distad
Parks and Recreation Director
City of Farmington
325 Oak Street
Farmington,~ 55024
Re: Contract for Park Planning Services - Year 2
Dear Mr. Distad:
This letter outlines a Scope of Services, Fee Schedule and other elements which together constitute an
agreement between the City of Farmington, hereinafter referred to as the CITY, and Hoisington Koegler
Group Inc., hereinafter referred to as the CONSULTANT for professional planning services for the
preparation of park master plans, hereinafter referred to as the PROJECT.
Project: Master Planning for the following Farmington Parks: Meadowview Park, Meadow Creek Park
3rd, Depot Way Arts Park, and Evergreen Knoll Park.
The CITY and CONSULTANT agree as set forth below:
A. WORK PROGRAM - BASIC SERVICES
Task 1 - Kick-off Meeting with City Staff
The first step in the process of the park planning project will be a meeting with City staff to review
the project parameters, identify all existing data, finalize the work program, and finalize the project
schedule.
Task 2 - Generate Base Maps and Site Analysis graphics
Compile existing GIS data into a working base map for each park site. Tour sites, photograph
features and adjacencies, and compile into a graphic plan of each park that denotes the relevant site
features that will impact future planning ideas and options.
Task 3 - Prepare for and Conduct Public Workshops/Open Houses
Conduct (2) public workshops/open houses. Workshop 1 is to present the Site Analysis data and
take input from participants both written and verbal related to the issues and opportunities present in
each park. The second workshop is to present a design alternative for each park site to participants
for written and verbal feedback.
The workshops are to be scheduled to allow each of the (4) park sites to be a given timeslot for a
portion ofa shared meeting. The intent is to accomplish each of the workshops for all (4) parks on
one given evening, to efficiently utilize the consultants, City staff, and citizen's time.
Task 4 - Seek Approvals
The (4) draft park Master Plans will be taken to the Park and Recreation Advisory Board for their
review and approval. Following any required plan revisions, the plans will then be taken to the City
Council for (1) meeting for the presentation of the process and plans. The Council will be asked for
input and adoption. If the adoption is contingent upon plan changes, the plans will be again revised
and forward in print and electronic versions to City staff.
Upon completion and payment for any document, plan or other work product, in whatever form
created, modified or maintained, ownership of such document, plan or work product shall vest in the
City.
B. SCOPE OF ADDITIONAL SERVICES
The following services have not been requested by the CITY but are available, upon authorization,
from the CONSULTANT.
1. Meetings in addition to those specified in Basic Services.
2. Planning for parks as identified in the Request for Proposals during years 3, 4, and 5. Those
projects are intended to utilize the same public involvement process.
3. Additional services not specified herein.
C. FEES FOR PROFESSIONAL SERVICES
The CITY agrees to pay the CONSULTANT for services rendered as follows:
1. For the CON'SULTANT'S Basic Services described in Paragraph A above, a fee based on the
CONSULTANT'S current hourly rate schedule (see Attachment A) not to exceed Eighteen
Thousand One Hundred Sixty Dollars ($18,700.00) plus reimbursable expenses of printing and
mileage not to exceed $1,500. This fee is to accomplish Year 2 of the 5 year planning window
and is for the work performed during 2005.
2. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based on the
CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee.
3. Statements will be submitted to the City on a monthly basis as work is completed and shall be
payable within 30 days in accordance with this Agreement.
4. The CONSULTANT reserves the right to suspend services if the CITY is delinquent in making
payments in accordance with this Agreement.
D. CITY'S RESPONSIBILITY
The CITY shall be responsible for providing the CONSLUL T ANT with the following:
1. The assembly of background information including, but not limited to:
A. Relevant existing digital base map data
2. Mailing lists, printing, postage and the mailing of invitations for public meetings.
4. Arrangements for public meetings.
E. STAFFCOMMUTMENT
Primary HKGi personnel to be assigned to the PROJECT include the following:
. Paul Paige will serve as principal-in-charge and project manager of the PROJECT and will
actively participate throughout the planning process. In addition to his technical participation
in the project, he will also have responsibility for overall PROJECT coordination and
scheduling.
Park Master Planning Services
City of Farmington
Page 1
. Lil Leatham will serve as a project landscape architect. As such, she will be responsible for
day-to-day contact with Farmington staff and will participate in the technical aspects of the
planning.
. Amy Bower will serve as a project landscape architect. She will provide technical and
graphic assistance in the completion of the PROJECT.
F. COMPLETION SCHEDULE
The services of the CONSULTANT shall begin upon execution of this agreement and, absent of
causes beyond the control of the CONSULTANT, will be completed by December 31, 2005. The
schedule shown on Attachment "B" is included as a general guide and will be updated during the
planning process.
Project schedules for years 3,4, and 5 will be developed prior to each years project kickoff, and are
intended to be accomplished in the same 4 month planning window as the year 1 and year 2 projects.
G. NONDISCRIMINATION
The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national
origin, or handicap unrelated to the duties of a position, of applicants for employment or employees
as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination,
compensation, selection for training, or participation in recreational and educational activities.
H. EQUAL OPPORTUNITY
During the performance of this Contract, the CONSULTANT, in compliance with Executive Order
11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60,
shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that
applicants for employment are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment
advertising; layoff or termination, rates of payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to
employees and applicants for employment notices to be provided by the Government setting forth the
provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex, or
national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work.
I. TERM. TERMINATION. SUCCESSORS AND/OR ASSIGNS
1. The Term of this Agreement shall be concurrent with the work authorized and shall be in
accordance with the schedule to be established between the CITY and the CONSULTANT.
2. Either party may terminate this Agreement by written notice to the other party at its address by
certified mail at least ten (10) days prior to the date of termination.
3. Neither the CITY nor the CONSULTANT shall assign, sublet or transfer its interest in this
Agreement without the written consent of the other.
4. The time schedule shall not apply and/or time extensions will be allowed for any circumstances
beyond the control of the CONSULTANT.
Park Master Planning Services
City of Farmington
Page 3
5. This Agreement shall be governed by all applicable laws.
6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination.
J. DISPUTES
In the event the CITY and CONSULTANT are unable to reach agreement under the terms of this
contract, disputes shall be resolved using alternative dispute resolution (ADR).
K. REVOCATION
If this agreement is not signed and accepted by both parties within 90 days of the contract date, it
shall become null and void.
L. DATA PRACTICES
Data generated throughout this planning process shall be deemed public and accessible to the public
for both inspection and copying unless there is federal law, a state statute, or a temporary
classification of data that provides that certain data is not public, in accordance with the Minnesota
Government Data Practices Act of 2004.
M. INSURANCE
CONSULTANT shall maintain insurance as follows at all times during the term of this Agreement:
Statutory workers compensation and employers' liability insurance coverage. Comprehensive general
liability insurance coverage and automobile liability insurance coverage in the sum of not less than
$1,000,000 per policy.
N. AUTHORIZATION
IN WITNESS WHEREOF, The CITY OF FARMINGTON and the CONSULTANT have made and
executed this Agreement for Professional Services,
This
day of
,2005.
CITY OF FARMINGTON
Name
Title
Attest:
Name
Title
HOISINGTON KOEGLER GROUP INC.
R. Mark Koegler, President
Paul Paige, Vice President
Park Master Planning Services
City of Farmington
Page 4
ATTACHMENT A
HOISINGTON KOEGLER GROUP INC.
2005 HOURLY RATES
Senior PrincipaL.......................................... $130-150/hr
Principal....................................................... $1 00-130/hr
Senior Professional..................................... $ 12Q-140/hr
Professional III............................................... $80-11 O/hr
Professional II .................................................. $65-80/hr
Professional I .................................................. $50-65/hr
Technical.......................................................... $35-5 5/hr
Secretarial............................................................. $60/hr
Testimony........................................................... $ 175/hr
Construction Administration................................. $95/hr
Incidental Exvenses:
Mileage.......................................................... 37.5 ~/mile
Photocopying .................................................... 15~/page
Outside Printing.......................................... ..Actual Cost
Diazo Printing............................................. ..Actual Cost
Draft Plots ...................................................... $5.00 each
Vellum Plots................................................. $10.00 each
Color Plots ................................................... $20.00 each
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Attachment B
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers aod City AdministratO.r
Randy Distad, Parks and Recreation Director
FROM:
RE:
Agreement with Farmington Men's Fastpitch Softball League
DATE:
April 4, 2005
BACKGROUND
In 1990, the Farmington Men's Fastpitch Softball League (Men's Fastpitch) raised money and
provided volunteer labor to construct a fastpitch softball field at Rambling River Park. At that time,
there was no written agreement between the City and Men's Fastpitch that identified terms and/or
conditions placed on the improvements that Men's Fastpitch made. Then in 2004, the City initiated a
ballfield rental fee that charged user groups a set fee in exchange for the use of City ballfields
including the ball fields at Rambling River Park. It was at that time that Men's Fastpitch then raised
an issue about not wanting to pay the rental fees since they had raised money and provided volunteer
labor to complete the improvements. A discussion began between City staff and Men's Fastpitch
about the possibility of either waiving or reducing the rental fees for Men's Fastpitch.
DISCUSSION
Staff has met with Paul Harrington, the Men's Fastpitch League Director over the past year to
develop an Agreement. The attached Agreement (Exhibit A) has been finalized and the Park and
Recreation Advisory Commission members have reviewed the terms and conditions of the
Agreement at its March 9,2005 meeting and unanimously is recommending to the City Council that
it be approved.
The key points of the Agreement are as follows:
. The Agreement is valid through the 2010 season after which time Men's Fastpitch would
begin paying the regular rental fee that is charged in 2011
. The ballfield rental fee charged to Men's Fastpitch for using the Rambling River Park's
ballfield would be capped at $300.00 per year through 2010. Last year, had Men's Fastpitch
paid the regular rental fee, they would have paid $925.00 ($25.00 per field per day x 37 days)
to use the ballfield
. Men's Fastpitch will not receive any reduction in the tournament fees when using the ballfield
and will pay the tournament fee that is approved by the City Council
. An acknowledgement of the past volunteer work and money raised that Men's Fastpitch has
been involved with that has resulted in the improvements being made on the ballfields at
Rambling River Park
. Identifies each parties responsibility for maintenance and operations of the field
BUDGET IMPACT
The obvious budget impact is the loss of revenue based on the current usage of the ballfield by Men's
Fastpitch. The City did however save the cost of making the initial improvements to the ballfield.
REQUESTED ACTION
Approve by motion the Agreement with the Farmington Men's Fastpitch Softball League.
~es ectfu,lIY rt~tt,t'tJe ,
'WLflr~
andy Distad
Parks and Recreation Director
cc: Park and Recreation Advisory Commission Members
AGREEMENT
This Agreement is made this _ day of April_, 2005, by and between the Farmington Men's
Fastpitch Softball League ("Men's Fastpitch") and the City of Farmington, a Minnesota municipal
corporation (the "City") (collectively referred to as the "Parties").
WHEREAS, the City owns and operates the Rambling River Park Ballfields in the City of Farmington;
and,
WHEREAS, Men's Fastpitch currently uses one Rambling River Park ballfield (the Ballfield) for league
play; and,
WHEREAS, the Association had previously contributed through fundraising approximately $25,000.00
and 400 hours of volunteer labor for the construction ofthe Ballfield that they use; and,
WHEREAS, Men's Fastpitch is interested in paying through 2010, a fee for the rental ofthe Ballfield
that is different from the current ballfield rental fee that is in effect through the Fee
Ordinance (Section 1, Parks and Recreation); and,
WHEREAS, it appears to be in the best interest of the City and its residents to charge a different rental
fee than what is currently set by ordinance that allows Men's Fastpitch to pay $300.00 per
year plus the current tournament fees charged for the use of the Ballfield.
NOW, THEREFORE, in consideration of the promises contained herein, the Parties hereby agree as
follows:
SECTION 1.
Acknowledgement of the Association's Work
1. The City recognizes that the Association completed initial construction of the Ballfield
through fundraising and volunteer labor efforts that included amongst other things:
installing the fencing around the Ballfield, installation of the dugouts and benches,
installation of the Ballfield lights, trenching and wiring the electricity for the Ballfield
lights, purchase of four sets of bleachers and covering the cost of an ag-lime infield at a
cost of approximately $25,000.00.
2. Materials and volunteer labor of 400 hours provided for the construction of the Ballfield
including a concessions building (it since has been tom down due to age and condition) for
both ballfields at Rambling River Park.
3. The Association provides an adult league to the citizens of Farmington at no administrative
cost to the City.
4. The Ballfield has been used by other organizations and have benefited from the
Associations fundraising and volunteer labor efforts.
SECTION 2.
Terms of Agreement.
Page 1 of 4
1. Except as otherwise specifically provided herein, Men's Fastpitch shall be
allowed to use the Ballfield through the 2010 season at a cost of $300.00 per year for
league play in recognition and appreciation of covering the initial construction costs of the
Ballfield. This fee would apply back to the 2004 season and Men's Fastpitch agrees to pay
the 2004 and 2005 fees prior to its use of the Ballfield.
2. The Association agrees to pay the full tournament fees charge by the City on an annual
basis, which includes garbage service. This fee is above and beyond the $300.00 fee that is
charged for use of the Ballfield during the Association's league use.
3. Beginning in the summer of 2006, Men's Fastpitch agrees to schedule the fields for regular
league games on Tuesday and Thursday evening, schedule Wednesday evenings for over-
flow and makeup games and the City shall be allowed to schedule its Adult Slowpitch
Softball League games on Monday evenings.
4. The terms of this Agreement do not bind the Parties to the use of any other City-owned
ballfield.
5. Should a new outdoor ballfield complex be built somewhere else in and by the City in the
future, the Parties agree that this Agreement shall not apply to the use of the new ballfields.
6. Men's Fastpitch shall be allowed to use the Ballfield for tournament play but shall
complete a tournament application and pay the appropriate tournament fees including
garbage service that are set by City Ordinance. The tournament fee is above and beyond
the $300.00 fee that is charged for use of the Ballfield during the Association's league
games.
7. Men's Fastpitch agrees to not tamper with, remove or move any bases or the pitching
rubber or pitching rubbers on the Ballfield and if it desires to have either the bases or
pitching rubber moved or removed, the League Director shall contact the Park
Maintenance Supervisor at least 24 hours in advance to have the City either move or
remove them.
8. The City agrees to not charge the Association for the use of the ballfield lights for league
games and tournaments.
SECTION 3.
Men's Fastpitch Obligations.
1. The League Director of Men's Fastpitch shall serve as the contact person for the league
and shall be the person who contacts City of Farmington staff to reserve and rent the
Ballfield for regular league play and for tournaments. A league schedule that identifies
game times and dates shall be provided to City staff at least one to two weeks in advance
of the ballfield being used by Men's Fastpitch for their league games.
2. Men's Fastpitch shall make the City aware of any ballfield maintenance issues that it
discovers and or experiences either during practices, league play or tournament play.
Page 2 of 4
3. Men's Fastpitch shall be responsible for the dragging ofthe Ballfield during its own
tournament games.
4. Men's Fastpitch agrees to turn off all lights each night after all practices and games have
concluded.
5. Men's Fastpitch agrees to assist in picking up garbage after games and practices
and dispose of it in garbage containers that are adjacent to the Ballfield.
6. The Men's Fastpitch League Director shall meet annually with the City to conduct a
review of the scheduling and maintenance of the Ballfield.
SECTION 4.
City's Obligations.
1. The City shall provide maintenance of the field including such things as, but not limited to,
the following: dragging, mowing, fertilizing, aerating, field and fence repairs, weed
eradication and replacement of lamps in the field lights.
2. During regular season play, the City shall provide garbage containers adjacent to the
Ballfield at no cost that allows Men's Fastpitch participants and fans the opportunity to
properly dispose of their garbage into at no cost. The City shall remove this garbage on a
regular basis on a schedule determined by the City.
3. The City shall provide bases and a pitching rubber for each season. If the pitching rubber
needed for fastpitch softball wears out during the season, Men's Fastpitch will replace it at
their own cost.
SECTION 5.
Insurance Requirements and Indemnification of the City.
1. Men's Fastpitch agrees to provide proof of insurance for any non-league tournaments that
it hosts such as any state or district fastpitch tournaments. The amounts of insurance that
are required are as follows:
INSURANCE TYPE
Any Auto
AMOUNT
$1,000,000.00 Combined Single
Limit (CSL) or Equivalent
Comprehensive General Liability
$1,000,000.00 CSL or equivalent
The certificate of insurance shall name the City as additional insured on the Any Auto and
Comprehensive General Liability policies described above, and shall provide the City with
Certificates of Insurance for all policies required herein, which certificates shall provide
and require that notice shall be given to the City by the carrier or carrier's representatives
at least 30 days prior to any changes, cancellation, non-renewal, or lapse of the policies
required herein.
Men's Fastpitch shall fully and completely defend, indemnify and hold harmless the City
and its employees, officials, officers, and agents from and against any claims for personal
injury, including death, and for destruction of damage to the Ballfield, which claims are
Page 3 of4
related to the City's property and the source of which occur while this Agreement is in
effect.
SECTION 6.
Termination by the City.
In the event that Men's Fastpitch fails to perform and carry out any of the terms or conditions
of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable
to properly conduct its business, the City may terminate this Agreement by giving written
notice to Men's Fastpitch. On termination, all rights of Men's Fastpitch to occupy or use the
Ballfield shall end on the 10th day after delivery of such notice by which time Men's F astpitch
and all of its officers, agents, and its players shall vacate the premises and surrender the same
to the City quietly and peacefully. The City's termination of this Agreement hereunder shall
not prevent or interfere with the recovery by the City of any damages caused by Men's
Fastpitch to the Ballfield.
SECTION 7.
Other Termination.
NOTWITHSTANDING any other provision, if any local law, rule, regulation, or order
prohibits the activities in this Agreement and prohibits the use of the Ballfield during the term
ofthis Agreement, then this Agreement shall be immediately terminated with both Parties
owing no further compensation to each other.
SECTION 8.
Entire Agreement.
This Agreement constitutes the entire understanding of the Parties and no terms may be altered
in any way except by the written consent of both Parties. This Agreement may not be assigned
or conveyed without each Party's written consent.
Farmington Men's Fastpitch Softball League
CITY OF FARMINGTON, a
Minnesota Municipal Corporation
By: Paul Harrington
Its: League Director
By: Kevan Soderberg
Its: Mayor
By: David Urbia
Its: City Administrator
Page40f4
ldo
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
Mayor, Councilmembers and City Administrator ~
Randy Distad, Parks and Recreation Director
FROM:
SUBJECT:
Capital Outlay
DATE:
April 4, 2005
INTRODUCTION
The 2005 Capital Outlay Fund Budget identified funding for the construction of an entrance vestibule on
the west side of the Arena.
DISCUSSION
Staff solicited quotes from six contractors. Parkos Construction from West St. Paul submitted the only
quote for the work on this project in the amount of $43,800.00.
The Arena Vestibule Project's intent was to create a new west entrance into the Arena that will address an
important safety issue of snow and ice falling off of the main roof and onto the sidewalk below where
customers arrive and leave from the current west entrance to the Arena. The idea behind building a larger
vestibule was to extend the entrance further west to eliminate the chance that snow and ice will fall on
customers as they leave or arrive at the west entrance of the Arena.
BUDGET IMPACT
The 2005 Capital Outlay Fund budget identified $31,950.00 for funding this project. The low quote
received was for $43,800.00. Staff would like to reallocate money that was identified for new sound
proofing ($7,500.00) and for floor jacking the concrete behind the seating area ($5,500.00) to cover the
cost to construct the vestibule. Since both of these items are not the top priorities at the Arena, it would
be staff s recommendation to defer these two improvements to the 2006 Capital Outlay Fund Budget.
Staff feels that the vestibule project is a much higher priority because of the safety issue with falling snow
and ice.
ACTION REQUESTED
By motion approve the reallocation from the 2005 Capital Outlay Fund Budget to allow the vestibule
project to be built in 2005.
l}esyectfullYf ~, ItJ.i~ed, i, ()
~4a~ ob-~j/
~y D:ttad, -J'J
Parks and Recreation Director
cc: Dwight Bjerke
.7e .
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
RE:
Seeking Direction on Sign Marquee Partnership with Farmington School District
DATE:
April 4, 2005
BACKGROUND
The Farmington School District (School District) has researched electronic informational sign
marquees and is interested in developing a partnership with the City on the purchase and operation of
the marquee.
DISCUSSION
The School District has researched costs associated with purchasing an electronic informational sign
marquee and have found that the estimated cost to be between $29,000-$32,000. The School District
has asked the City whether or not it would be interested in sharing the cost to purchase two marquees.
Currently the City does not have money identified in the 2005 Capital Outlay Fund Budget to share
this cost. The School District is willing to purchase the signs and then would be looking to have the
City reimburse the School District for half of the costs in 2006. This would mean that the City would
have to approve in its 2006 Capital Outlay Fund Budget an amount around $30,000 to cover its share
of the cost.
The marquees researched are operated from personal computers. There are still a number of issues that
would need to be worked out including but not limited to placement/location, who operates the signs,
who maintains the signs, how much information each entity would be able to post to the sign, and what
information is allowed on the sign. These details could be further researched ifthe City Council is
interested in this partnership and could be brought back to a future City Council meeting for discussion
and approval.
BUDGET IMPACT
If the City Council is interested in partnering with the School District on the purchase of the
informational signs, it would be making a future financial commitment of approximately $30,000 that
would need to be approved in the 2006 Capital Outlay Fund budget.
ACTION REQUESTED
Staff is requesting that the City Council, by motion, provide direction on whether or not to move
forward with the partnership to purchase the electronic informational marquee signs.
/~~l~~,
:Randy Distad
Parks and Recreation Director
J-F
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 pm ~
FROM:
Lisa Shadick, Administrative Services Director
SUBJECT:
Approve Therapeutic Massage Name Change
DATE:
April 4, 2005
. INTRODUCTION
Ms. Sharon Munich is requesting approval for a name change of her business from Therapeutic
Massage by Sharon Munich to Serene Moments Massage.
DISCUSSION
Ms. Sharon Munich is a licensed massage therapist in Farmington and has filed for a Certificate
of Assumed Name which has been approved by the Minnesota Secretary of State. Upon approval
of the Farmington City Council she will be changing Therapeutic Massage by Sharon Munich to
Serene Moments Massage.
BUDGET IMPACT
None.
ACTION REQUESTED
Approve name change for Ms. Sharon Munich from Therapeutic Massage by Sharon Munich to
Serene Moments Massage.
Respectfully submitted,
~.~/[ tlA;{ad~/L
Lisa Shadick
Administrative Services Director
*
March 23, 2005
To Whom It May Concern:
I have filed for an assumed name for my business which has been accepted by the state.
Upon approval by you, I will be changing Therapeutic Massage By Sharon Munich to:
Serene Moments Massage.
A copy of the assumed name certificate is attached.
Please feel free to contact me if there are any questions.
Sincerely,
~ Vltw:#
Sharon Munich
Licensed Massage Therapist
AI},. t? !2-
MINNESOTA SE'CR'ETARY OF STATE
1111111111~llll~tlll!lll~t~I~llllim
12511450002
CERTIFICATE OF
ASSUMEO NAME
Minnea:ota Statutes Chapter 333
Read the directions on reverse side before completing.
Filing fee: $25.00
The filing of an assumed name"does not provide a user with exclusive rights to that name. The filing is required for
consumer protection in order to enable consumers to be able to identify the true owner of a business.
PLEASE TYPE OR PRINT LEGIBLY IN BLACKIN'K FOR MICROFILMING PURPOSES.
1. Statfi the exact assumed name under which the business is or will be conducted: (one business name per application)
Serene Moments Massage .../ '
2. State the address of the principal place of busine$$. A complete street address or rural route and rural route box number is
required; the address cannot be a P.O.Box.
18598 E.lk River Tr. #2Q1
Street
Farmington
City
MN
State
55024
Zip
3. List the name and complete street address of all persons conducting business under the above Assumed Name or if the
business is a corporation, provide the legal corporate name and registered office address of the corporation. Attach additional
sheet(s) if necessary.
Name (please print)
Sharon Munich
Street
18691 Dylan Dr.
City
State
Zip
55024
....-
Farmington MN
4. I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this certificate, I am
subject to the penalties of perjury as set forllhinHJ1ii1ti$$.ota Statutes section 609.48 as if I had signed this certificate under oath.
~
'haturtll (ONLY one person listed in #3 is required to sign.)
tJtJ oil?; -0 ~
Date
Sharon Munich - Owner - Licensed Massage Therapist
Print Name and Title
Sharon Munich
Contact Person
952-212-1247
Daytime Phone Number
bu:s..39..rev. 3.03
STATE OF MINNESOTA
QI;iPARTFlrE~ STATE
MAR 08 2005
~~K~
]) s~or"ary~ erate
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
3
TO:
Mayor, Councilmembers and City Administrator ~-
FROM:
Lisa Shadick, Administrative Services Director
SUBJECT:
Gambling Event Permit - St. Michael's Church
DATE:
April 4, 2005
INTRODUCTION
St. Michael's Church is requesting a Gambling Event Permit for their annual Spring Fundraiser
and Fall Festival.
DISCUSSION
Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by
the City for this type of event. An application has been received, along with the appropriate fees.
The City Attorney has reviewed the application and the attached resolution approving the
request.
BUDGET IMPACT
Gambling fees are included in the revenue portion ofthe 2005 budget.
ACTION REQUESTED
Consider the attached Resolution granting a Gambling Event Permit to St. Michael's Church at
22120 Denmark Avenue, on May 7,2005 and September 16-18,2005.
Respectfully submitted,
~/!.~t1~
Lisa Shadick
Administrative Services Director
RESOLUTION NO. R -05
APPROVING A MINNESOTA LAWFUL
GAMBLING EVENT PERMIT APPLICATION FOR
ST. MICHAEL'S CHURCH
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 4th day of April
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 Event Permit unless the City Council adopts a Resolution approving said
permit; and,
WHEREAS, St. Michael's Church has submitted an application for a Gambling Event Permit to
be conducted at St. Michael's Church, 22120 Denmark Avenue for Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling
Event Permit for 81. Michael's Church to be conducted at St. Michael's Church, 22120 Denmark
Avenue, is hereby approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
4th day of April 2005.
Mayor
Attested to the
day of
2005.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
74
TO:
Mayor, Councilmembers, City Adrrrinistrat~
FROM:
Lisa Shadick, Administrative Services Director
SUBJECT:
Temporary On-Sale Liquor License - St. Michael's Church
DATE:
April 4, 2005
INTRODUCTION
St. Michael's Church is requesting a Temporary On-Sale Liquor License for a Spring
Festival to be held May 7, 2005.
DISCUSSION
This event will be held on St. Michael's property located at 22120 Denmark Ave. Per
State Statute, a Temporary Liquor license must first be approved by the City and then
forwarded to the State for approval.
BUDGET IMPACT
A City fee has not been established for a Temporary On-Sale Liquor License. In
discussion with the Liquor Control Commission, staffwas informed that the State of
Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations.
ACTION REQUESTED
Approve the attached application for a Temporary Liquor License for St. Michael's
Church, 22120 Denmark Ave., for their Spring Festival, May 7,2005.
Respectfully submitted,
~/I- ACi~
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
Mayor, Council Members, City Administrator p-
TO:
FROM:
Robin Roland, Finance Director
SUBJECT:
Adopt Resolution - Designation of Fund Balance
DATE:
April 4, 2005
INTRODUCTION
The City's independent auditors have asked that the City Council adopt a resolution
formalizing their policy on designation of the General Fund unreserved fund balance.
DISCUSSION
Eide Bailly, the City's independent audit firm, like Kern DeWenter Viere (KDV) before
them, advises that the City have a designated unreserved fund balance in the General
Fund of no less than 35% and no more than 50% of annual expenditures. The City
Council has used this as a budgetary goal for over seven years but has taken no formal
action beyond that. The designation reflects the City Council's intended use of resources
and is supported by the City's adopted budget.
Adoption of a formal resolution outlining this policy is also recommended by the State
Auditors Office.
ACTION REQUIRED
Adopt the attached resolution designating the General Fund unreserved fund balance of
no less than 35% and no more than 50% of annual expenditures as working capital.
:i;:;Zi
. Robin Roland
Finance Director
~'
RESOLUTION R - 05
DESIGNATING GENERAL FUND UNRESERVED FUND BALANCE
Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of
Farmington, Minnesota, was held in the Civic Center of said City on the 4th day of April 2005 at
7:00 P.M.
The following members were present:
The following members were absent:
Member introduced and Member seconded the following resolution:
WHEREAS, the City receives the major source of its General Fund revenue only twice a year, in
July and December, in the form of property tax collections and,
WHEREAS, it is necessary for the City to have sufficient financial resources to see it through
the next revenue collection cycle and,
WHEREAS, the State Auditors Office, Generally Accepted Accounting Principles (GAAP) and
the City's independent auditors recommend maintaining a fund balance of no less than 35% and
no more than 50% ofthe City's annual operating expenditures and,
WHEREAS, the City wishes to establish a formal policy designating the level of unreserved
fund balance that should be maintained in the General fund.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that:
the General Fund unreserved fund balance shall be designated for working capital in an amount
equal to no less than 35% and no more than 50% of the City's annual General Fund expenditures.
If the unreserved fund balance of the General Fund in total exceeds 50% of the annual
expenditures, a subsequent designation of the funds in excess of the working capital designation
shall occur. This resolution will be effective for fiscal years beginning after 12/31/03.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
4th day of April 2005.
Mayor
Attested to the _ day of April 2005.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7'
J
TO:
Mayor, Councilmembers, City Administrator
~,/'''''-''
I '
{,.~
FROM: Brenda Wendlandt, Human Resources Director
SUBJECT: Appointment Recommendation - Police Department
DATE: April 4, 2005
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Police Officer to fill a new
position authorized in the 2005 Budget in the Police Department, has been completed.
DISCUSSION
The City has completed the recruitment, testing, and interview process for a Police Officer. After a
thorough review by the Police Department and the Human Resources Office, an offer of employment
has been made to Mr. Travis Sundvall, subject to ratification by the City Council.
Mr. Sundvall has an Associates Degree in Law Enforcement and is currently a Deputy Sheriff for
Beltrami County, MN. He has worked full-time in law enforcement since July of 1999 and has a
variety of valuable training and experience. His knowledge, skills and qualifications exceed the
minimum qualifications for the position.
BUDGET IMPACT
Funding for this position is authorized in the 2005 budget.
ACTION REQUESTED
Approve the appointment of Mr. Travis Sundvall in the Police Department, effective April 18, 2005.
Respectfully Submitted,
~&utL;/!t;d~~dr
, Brenda Wendlandt, SPHR
Human Resources Director
cc: Personnel file
7K
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 ~ V'\
FROM: Tim Gross, P.E., Assistant City Engineer~
SUBJECT: Adopt Resolution - Middle Creek East 2nd Addition Development Contract
DATE: Apri14,2005
INTRODUCTION
The Development Contract for Middle Creek East 2nd Addition is forwarded herewith for Council's
consideration.
DISCUSSION
The final plat for Middle Creek East 2nd Addition was approved by the Planning Commission on
July 13, 2004 and by the City Council on July 19, 2004.
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 by June 19, 2005
per the memo approved at the November 1,2004 Farmington City Council Meeting.
BUDGET IMPACT
None.
ACTION REQUESTED
Adopt the attached resolution approving the execution of the Middle Creek East 2nd 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_-OS
APPROVING DEVELOPMENT CONTRACT
MIDDLE CREEK EAST 2ND ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota, was held in the Council Chambers in City Hall of said City on the 4th day of April, 2005 at 7:00 P.M.
Members present:
Members absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, pursuant to Resolution No. R67 -00, the City Council approved the Preliminary Plat of Middle
Creek; and,
WHEREAS, pursuant to Resolution No. 53-04, the City Council approved the Final Plat of Middle Creek East
2nd Addition subject to the following conditions:
a) Boulevard trees be located on the east side of the trail along Eastview Avenue, not between the curb and
trail area.
b) 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 by June 19, 2005 per the
memo approved at the November 1,2004 Farmington City Council Meeting.
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 4th day of April,
2005.
Mayor
Attested to this _ day of April, 2005.
SEAL
City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this 4th day of April, 2005, by and between the City of Fannington, 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 2nd Addition
(also referred to in this Development Contract as the PLAT). The land is situated in the City of Fannington, 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 by June 19,2005 per the memo
approved at the November 1,2004 Fannington City Council Meeting.
3. Development Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this Contract, subject to paragraphs 6 and 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 - Zoning/Development Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone.
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. 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. 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.
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 2nd Addition have been assessed for improvements to Pilot Knob Road. The total
levied assessment amount for the parcels is:
Outlot No.
Outlot C
Tax PIN
14-48760-030-00
Principal
$0
Interest (through 12-31-05)
$0
Total
$0
2
Outlot D
Outlot M
14-48760-040-00
14-48760-130-00
$33,398.00
$4960.54
$4,341.74
$644.88
$37,739.74
$5.605.42
Total: $43,345.16
A portion of the levied assessment plus interest becomes due with the fmal platting of Middle Creek East 2nd Addition. The
amount due with Middle Creek East 2nd Addition will be calculated proportionally based on the area of Middle Creek East 2nd
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. 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 of the security.
8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
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 fmal acceptance of streets and utilities.
10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, 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
3
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 $ 747 based upon the number of acres in the plat. This fee is due
and payable at the time of execution of this agreement.
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. 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 of6" of black dirt/topsoil. The responsibility
for the installation of black dirt/topsoil shall not be transferred to homeowners.
C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three
foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a
certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was
constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be
constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built.
All landscaping features, including those constructed within public rights of way, remain the property and
responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's
rights to access and maintain their rights of way.
13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving
shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of
public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been
filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to
approve 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$104,940 in lieu
of the property paying a like assessment at a later date. This fee is considered due at the time of execution of this contract.
Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the
Development Contracts for those phases are entered into.
16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
4
17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of$ 24,433 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
time the Development Contracts for those phases are entered into. A credit of $ 20,882 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 $ 3,551.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 30,210 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 Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 19,000 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.
20. Park Dedication. The Developer shall be required to dedicate 1.18 acres ofland for park purposes. The Developer shall
pay the City $ 72,015 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.
21. Park Development Fee. The Developer shall pay a Park Development Fee of$18,341 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 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. Sealcoatine:. In lieu of assessing sea1coating three years from completion of the road construction, the Developer agrees to
pay a fee of $ 1,166 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 $ 2,385 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
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
5
alternative security acceptable to the City Administrator, from a bank (security) for $ 541,628. 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:
GradinglErosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
$ 16,978
$ 44,142
$120,948
$ 94,678
$ 216,419
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 13,250
$ 16,755
$ 13,547
$ 4,912
$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 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 fmancial obligations that have been
satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all
improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City Council.
28. Responsibility for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in
monitoring and inspecting the construction for the development of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and
development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work
required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of
the claim( s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of 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.
6
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-13. Conservation Area signs will be installed as directed by the City
Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be
indicated on individual lot surveys prior to the issuance of a building permit for that lot.
32. Existine 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
before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will
assure the access of emergency vehicles at all times when such a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
7
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 indenmify 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 26 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this
determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday
Saturday
Sunday 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 installed upon initial construction
of the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30.
8
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 Farmington
325 Oak Street
Farmington, 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 C, D, and M, 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
ICJq..
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: Council Goal Setting Session
DATE: April 4, 2005
DISCUSSION
At the last council meeting, staff reviewed the top six priority goals and action steps. As a
follow up, the Retreat Facilitator Don Salverda prepared an Executive Summary. The City
Administrator will present an additional power point presentatidn highlighting the other goals
that were not ranked in the top six, as well as the eight ongoing goals of the city.
ACTION REQUESTED
Review the Executive Summary prepared by Retreat Facilitator Don Salverda and accept the
report at the council meeting.
Respectfully submitted,
David M. Urbi
City Administrator
CITY OF FARMINGTON
2005 LEADERSHIP
- PLANNING -
TEAM BUILDING
RETREAT
March 11-12, 2005
ISSUES & OPPORTUNITIES FACING
TH E CITY
o The Need To Stimulate & Promote
Increased Industrial & Commercial
Development and Redevelopment (5+1)
o The Need To Address the City's
Transportation Issues (5+1)
o The Need To Develop A Short Term (2
year) Work Plan (4+0)
o The Need To Continually Work On
Maintaining Good Communications With
The Public (Being Honest/Realistic)( 4+0)
ISSUES & OPPORTUNITIES FACING
TH E CITY
o Ten Issues and Opportunities Were
Identified, With Council And
Administrator Ranking Their
Individual Top Five.
o The Top Six Rankings Are Identified
As The City's 2005-06 Short-Term
Focused Goals.
o All Ten Are Listed With (Council +
Administrator) Rankings Identified.
ISSUES & OPPORTUNITIES FACING
THE CITY
o The Need To Improve The City's
Facilities (3+1)
o The Need To Improve
Communication & Collaboration
With Other Public Entities (3+0)
o The Need To Continue To Provide A
Positive Work Environment For
Employees (1+1)
1
ISSUES & OPPORTUNITIES FACING
TH E CITY
o The Need To Develop A Mid- To Lon~
Term (5 DYear) Vision, Goals, And
Work Plan For The City. (0+1)
o The Need To Improve Internal
Communications And Teamwork. (0+0)
o The Need To Promote And Maintain
Citizen Involvement And Volunteerism.
(0+0)
,
ONGOING GOALS
D #4 - To Expand The City's
Recreational Opportunities And
Facilities.
D #5 - To Preserve The Heritage And
Atmosphere Of The Past (Small Town
Feeling, Know Your Neighbors,
Friendly, Historic Buildings, Etc.).
ONGOING GOALS
D #1 - To Ensure The Continuing
Financial Stability Of The City
(Adapting To Changes In The State's
Fiscal Situation).
D #2 - To Manage The City's Growth To
Ensure High Quality And Diverse
Development.
D #3 - To Improve The City's Aging
Infrastructure
ONGOING GOALS
D #6 - To Utilize New Technologies
When And Where Appropriate.
D #7 - To Enhance The City's
Aesthetics (Trees, Street Lights,
Flowers, Etc.).
D #8 - To Provide A Positive Work
Environment For Employees
(Teamwork - Good Communication,
Etc.).
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
Mayor and Councilmembers
David Drbio, City Administrato~
TO:
FROM:
SUBJECT:
Resolution of Support for Proposed Legislation Regarding Transit Taxing District
DATE:
March 7, 2005
, INTRODUCTION
Legislation was introduced on March 23,2005 addressing voluntary expansion of the transit
taxing district. HF 2076 (Cybart, Holberg, and Garofalo) and SF 1958 (Gerlach) outlines the
voluntary entry into the taxing district (allows a phase-in approach) as well as the ability to use
capital dollars for operating expenses.
DISCUSSION
At the March 24, 2005 Council Workshop, this proposed legislation was detailed by staff and
Representative Garofalo. Council asked staff place this issue on the agenda for their
consideration of support, in light ofthe impact to our residents and from the input received from
those residents in attendance. What does this bill do?
. Expands the taxing district voluntarily (by agreement between the city and Met
Council)
· The agreement must describe the type and level of transit service
· The agreement would also allow the following:
· Let a city join the taxing district over a 8-year period
· Allow for an agreement to have Met Council levy within the city - the levy
could vary throughout the city, i.e. be phased in, but could not exceed the
existing taxing district levy (this language would allow any phase-in
approach agreed to by the city and Met Council over the 8-year period).
· The levy collected by Met Council could be used for operations or to pay
principal and interest on transit bonds (this legislation allows for any
combination of funding, i.e. 100% operating to 0% capital or 100% capital
to 0% operating, etc.)
· Following the 8 year phase-in period, the city would be subject to the levy
pursuant to the rest of the transit taxing district
· This legislation would go into effect for taxes payable in 2006
BUDGET IMPACT
None.
ACTION REQUESTED
Recommend support of this proposed legislation by adopting the attached resolution of support.
David M. Urbia
City Administrator
S.F. No. 1925, as introduced 84th Legislative Session (2005-2006) Posted on Mar 22,2005
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A bill for an act
relating to metropolitan transit; allowing
municipalities to contract with the Metropolitan
Council to join the metropolitan transit district;
authorizing a property tax levy; amending Minnesota
Statutes 2004, sections 473.446, subdivision 3;
473.4461.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 473.446,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION AND COLLECTION.] Each county
treasurer shall collect and make settlement of the taxes levied
under subdivisions 1 and 1a and section 473.4461, subdivision 3,
with the treasurer of the council. The levy of transit taxes
pursuant to this section shall not affect the amount or rate of
taxes which may be levied by any county or municipality or by
the council for other purposes authorized by law and shall be in
addition to any other property tax authorized by law.
[EFFECTIVE DATE.] This section is effective for taxes
payable in 2006 and thereafter.
Sec. 2. Minnesota Statutes 2004, section 473.4461, is
amended to read:
473.4461 [ADDITIONS TO TRANSIT TAXING DISTRICT.]
Subdivision 1. [SERVICE EXPANSION PLAN REQUIRED.]
Notwithstanding any provision of section 473.446 or any other
law, the Metropolitan Council may not levy a tax under section
473.446, subdivision 1, in any city or town not included in the
transit taxing district as it existed on January 1, 2001, unless
the council and the governing body of that city or town have
agreed on a service expansion plan.
Subd. 2. [CONTRACTUAL AGREEMENT TO JOIN TRANSIT DISTRICT.]
Notwithstanding section 473.446, subdivision 2, the Metropolitan
Council may enter into an agreement with a city or a town to
join the transit taxing district. The agreement shall describe
the types and levels of transit services to be provided within
the area comprising the city or town. The agreement may provide
for a period of time, not to exceed 8 years, during which the
area comprising the city or town will not be subject to the levy
under section 473.446, subdivision 1. The agreement must
provide that after a period of time, not to exceed 8 years, the
area comprising the city or town shall be subject to the levy
under section 473.446, subdivision 1.
Subd. 3. [PROPERTY TAX LEVY; MUNICIPALITY JOINING TRANSIT
DISTRICT.] An agreement described in subdivision 2 may provide
for a transit tax to be levied within the area comprising the
city or town by the Metropolitan Council. The rate of tax may
not exceed the rate that the area comprising the city or town
would be subject to if it were a part of the transit district
under section 473.446, subdivision 2. A tax levied under this
subdivision may be used to fund transit operations or to pay the
costs of principal and interest for transit-related bonded
debt. The agreement may provide that the rate of tax levied
under this subdivision may vary within the area comprising the
city or town, as long as the rate in any portion of the area
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does not exceed the rate that would be in effect under section
473.446, subdivision 1. If an agreement to join the transit
taxing district authorizes a levy under this subdivision, a copy
of that portion of the agreement must be filed with the auditor
or auditors of the county or counties containing the city or
town.
---rEFFECTlVE DATE.] This section is effective the day
following final enactment, for taxes payable in 2006 and
thereafter.
-2-
RESOLUTION NO. R -05
SUPPORT FOR HF 2076 AND SF 1958 REGARDING THE VOLUNTARY ENTRY
INTO THE TRANSIT TAXING DISTRICT
Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 4th day of April
2005 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City of Farmington understands the level of usage of transit by our residents
and the current operational demands on the system;
WHEREAS, the City of Farmington further understands that existing legislation provides little
or no incentive to join the transit taxing district;
WHEREAS, the City of Farmington supports HF 2076 authored by Representatives Cybart,
Holbert, and Garofalo and SF 1958 authored by Senator Gerlach as it provides an opportunity for
the City to consider entering into the transit taxing district by means of entering into an
agreement which would desire the type and level of transit service and expectations and
responsibilities of both the City and Met Council and other potential service provider(s).
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington City Council support
HF 2076 and SF 1958.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
4th day of April 2005.
Mayor
Attested to the
day of
2005.
City Administrator
SEAL
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 of leadership 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.