HomeMy WebLinkAbout06.02.08 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 promisingfuture.
AGENDA
PRE-CITY COUNCIL MEETING
June 2, 2008
6:30 P.M.
CITY COUNCIL CHAMBERS
1.
CALL TO ORDER
...
APPROVE AGENDA
3.
CITIZEN COMMENTS
4.
COUNCIL REVIEW OF AGENDA
5.
STAFF COMMENTS
6.
ADJOURN
PUBLIC INFORMATION STATEMENT
ouncil workshops are conducted as an informal work session, all discussions shall be consideredfact-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 aformal City policy position. Only
official 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 promisingfuture.
AGENDA
REGULAR CITY COUNCIL MEETING
JUNE 2, 2008
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 I COMMENDATIONS
a) Minnesota Association of Government Communicators Award
6. CITIZEN COMMENTS I RESPONSES TO COMMENTS (Open for Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (5/19/08 Regular)
b) 2008 Employee Recognition - Human Resources
c) Approve Summer Staff Appointments - Human Resources
d) School and Conference - Police Department
e) Adopt Resolution - Accept Donation Pollution Prevention Day - Municipal
Services
f) Adopt Resolution - Accept Donations 2008 Spring Skating Competition -
Parks and Recreation
g) Adopt Resolution - Accept Donation Rambling River Center - Parks and
Recreation
h) Approve Request to Waive Fees for Rambling River Days - Parks and
Recreation
i) Accept Tennis Grant - Parks and Recreation
j) Approve Agreement for Construction of Farmington Preserve Park
Improvements - Parks and Recreation
k) Approve Joint Powers Agreement City of St. Paul Republican National
Convention - Police Department
I) Liquor License Amendment - Eagle's Club - Administration
m) Approve CLG Grant - Administration
n) Approve 19Sth Street Bridge Agreement - Engineering
0) Approve Bills
Action Taken
Postponed
Accepted
Approved
Approved
Approved
Approved
Approved
Approved
8. PUBLIC HEARINGS
a) Elm Street Assessment - Engineering
- Citizen Objection
9. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Comprehensive Annual Financial Report - Finance
b) Adopt Resolution - Approve Fairhill Final Plat and Master pun Agreement -
Planning
10. AWARD OF CONTRACT
a) 19Sth Street Extension to TH3 " Engineering
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. 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 promising future.
AGENDA
REGULAR CITY COUNCIL MEETING
JUNE 2, 2008
7:00 P.M.
CITY COUNCIL CHAMBERS
Action Taken
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Minnesota Association of Government Communicators Award
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (5/19/08 Regular)
b) 2008 Employee Recognition - Human Resources
c) Approve Summer Staff Appointments - Human Resources
d) School and Conference - Police Department
e) Adopt Resolution - Accept Donation Pollution Prevention Day - Municipal
Services
f) Adopt Resolution - Accept Donations 2008 Spring Skating Competition -
Parks and Recreation
g) Adopt Resolution - Accept Donation Rambling River Center - Parks and
Recreation
h) Approve Request to Waive Fees for Rambling River Days - Parks and
Recreation
i) Accept Tennis Grant - Parks and Recreation
j) Approve Agreement for Construction of Farmington Preserve Park
Improvements - Parks and Recreation
k) Approve Joint Powers Agreement City of St. Paul Republican National
Convention - Police Department
I) Liquor License Amendment - Eagle's Club - Administration
m) Approve CLG Grant - Administration
n) Approve 195th Street Bridge Agreement - Engineering
0) Approve Bills
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
8. PUBLIC HEARINGS
a) Elm Street Assessment - Engineering
- Citizen Objection
Page 16
9. PETITIONS, REQUESTSAND COMMUNICATIONS
a) Comprehensive Annual Financial Report - Finance
b) Adopt Resolution - Approve Fairhill Final Plat and Master PUD Agreement -
Planning
Page 17
Page 18
10. AWARD OF CONTRACT
a) 19Sth Street Extension to TH3 - Engineering
Page 19
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
.
.
.
/a-
COUNCIL MINUTES
PRE-MEETING
May 19, 2008
1. CALL TO ORDER
The meeting was called to order by Acting Mayor Pritzlaff at 6:30 p.m.
Members Present:
Members Absent:
Also Present:
Pritzlaff, Fogarty, McKnight, Wilson
Soderberg
Joel Jarnnik, City Attorney; Peter Herlofsky, City Administrator;
Robin Roland, Finance Director; Brian Lindquist, Police Chief;
Randy Distad, Parks and Recreation Director; Kevin Schorzman,
City Engineer; Brenda Wendlandt, Human Resources Director; Jim
Constantineau, Police Officer; Cynthia Muller, Executive Assistant
2. APPROVEAGENDA
MOTION by Wilson, second by McKnight to. approve the Agenda. APIF, MOTION
CARRIED.
3. CITIZEN COMMENTS
4. COUNCIL REVIEW OF AGENDA
Councilmember McKnight requested to move .item 9b) Reject CCTV Bids to the Consent
Agenda.
Councilmember Wilson noted the Parks and Recreation staff is going to a conference and
paying for part of the cost themselves. If the City is sending staff to a conference, he felt
the City should pay for the entire cost. Councilmembers McKnight and Fogarty agreed.
Councilmember McKnight noted next year he is not voting for out-of-state conferences.
For the budget workshop, Councilmember Wilson requested a breakdown of in-state and
out-of-state conferences.
Councilmember Wilson had requested that the amendment to the parks regulations
ordinance to prohibit golfing in parks be placed on the agenda again. To amend an
ordinance because the Parks and Recreation Commission requested it, was not a
compelling enough reason for him. Since then he has heard from a resident which gave
much more of an impact. He looked at the larger parks and there is no park that would
not provide some sort of hazard. Councilmember Pritzlaff noted in ordinances from other
cities, there is nothing regarding punishment if the ordinance is enforced. Parks and
Recreation Director Distad stated it would be a misdemeanor and would include a fine for
that offense. Police Chief Lindquist stated it would be up to Council to direct him as to
what they wanted to do. If Council would like to see golf balls not part of the park
curriculum and have it has a policy instead of an ordinance, that can be enforced. He can
also research other avenues, or if they approve the ordinance, he can also work with that.
Currently, if the police receive a call, they will go to the park and ask the individual to
stop. If necessary, they will take the person home. Currently, the Police Department has
1-1
Council Minutes (Pre-Meeting)
May 19,2008
Page 2
not received any complaints. Councilmember Pritzlaff stated if it is a juvenile, you
cannot put the fine or the punishment on the parents. If they break a window, it could be
destruction of private property. Police Chief Lindquist stated if it is City policy to not
allow golfing in the parks, it may help on the front end if someone wants to find out if it
is allowed and we can tell them it is against City policy. Councilmember Wilson asked if
a child was hit by a golf ball, is the City in a better position with or without the
ordinance. City Attorney Jarnnik replied there would be no difference. If we have the
ordinance, then it is questioned whether we failed to enforce the ordinance. If we do not
have the ordinance, it could be a little better, as it would be completely within the City's
discretion. It would be better not to have an ordinance, than an ordinance that is not
enforced. In this situation, the enforcement would be on a complaint basis. The
individual that struck the golf ball that caused damage to an individual or property would
be responsible for the consequences. If it is a juvenile, there may be parental
responsibility. If any damage occurs, there are ordinances on the books that allow for
prosecution as well as civil liability. Police Chief Lindquist cautioned it would be best to
not allow any sort of golfing rather than allowing putting or chipping. It should be all or
nothing. Councilmember Pritzlaff suggested waiting to see what kind of complaints the
Police Department receive and let them handle it through warnings for this year.
Councilmember Fogarty stated she would support the ordinance if that is what Council
wanted. It sounds like golfing should not be allowed because some people are abusing it.
The Parks and Recreation department has received four calls within the last month from
Dakota County Estates Park and Meadowview Park about golf balls flying into private
property.
Councilmember Pritzlaffhad a question on the budget revision and had a concern with
reducing the budget and with the number of conferences on the agenda. He asked where
the budget is reduced by $250,000. Finance Director Roland explained the $250,000 is
coming out of licenses and permits. On the resolution it shows the revised budgeted
amount of $282,450. He noted the difference in the totals was $174,800 and stated some
line items are up. Finance Director Roland stated Council has made two previous budget
adjustments that have affected both revenues and expenditures. The revenues were being
reduced by a total of $174,800, but the expenses are still being reduced by $182,873.
Councilmember Pritzlaffhad a concern with how an item came out in the paper versus
how it was explained at a Council meeting. There was a position listed in the paper as a
termination. It was actually a layoff.
5. STAFF COMMENTS
6. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 6:55 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~- ..4#.
. ."'r /V?~
ynthia Muller
Executive Assistant
1-2
COUNCIL MINUTES
REGULAR
May 19,2008
1. CALL TO ORDER
The meeting was called to order by Acting Mayor Pritzlaff at 7 :00 p.m.
2. PLEDGE OF ALLEGIANCE
Acting Mayor Pritzlaff led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Pritzlaff, Fogarty, McKnight, Wilson
Soderberg
Joel Jarnnik, City Attorney; Peter Herlofsky, City Administrator;
Robin Roland, Finance Director; Brian Lindquist, Police Chief;
Randy Distad, Parks and Recreation Director; Kevin Schorzman,
City Engineer; Brenda Wendlandt, Human Resources Director; Jim
Constantineau, Police Officer; Cynthia Muller, Executive Assistant
Audience:
4. APPROVEAGENDA
Councilmember McKnight moved item 9b) Reject CCTV Bids to the Consent Agenda.
Councilmember Wilson pulled item 7a) Council Minutes to abstain.
MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows:
b) Adopted RESOLUTION R32-08 2008 Budget Revision - Finance
c) Received Information April 2008 Financial Report - Finance
d) Adopted RESOLUTIONS R33-08 and R34-08 Providing for sale of GO
Improvement Bonds 2008A - Finance.
e) Approved School and Conference - Parks and Recreation
f) Approved Temporary 3.2 Beer Licenses - Administration
g) Adopted RESOLUTION R35-08 Approve Gambling Event Permit -
Administration
h) Approved School and Conference - Administration
i) Adopted RESOLUTION R36-08 Approve MnDOT Cooperative Agreement-
TH3 Roundabout Project - Engineering
j) Adopted RESOLUTION R37-08 Approve Dakota County Agreement - TH3
Roundabout Project - Engineering
k) Acknowledged Resignation Liquor Operations - Human Resources
1) Approved School and Conference - Human Resources
m) Approved Bills
1-3
Council Minutes (Regular)
May 19,2008
Page 2
n) Rejected CCTV Bids - Human Resources
APIF, MOTION CARRIED.
a) MOTION by McKnight, second by Wilson to approve Council Minutes (5/5/08
Regular). APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to
approve Council Minutes (5/12/08 Special). Voting for: Fogarty, McKnight, Pritzlaff.
Abstain: Wilson. MOTION CARRIED.
8. PUBLIC HEARINGS
a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids-
Spruce Street/2nd Street Project" Engineering
The proposed bid date is June 26, 2008, and the contract will be awarded at the
July 2, 2008 Council Meeting. The project will start as soon as possible after it is
awarded. The estimated proje~t cost is $1,250,000 and will be funded through
assessments, enterprise funds, and the road and bridge fund. The total proposed
assessment amount is $88,500. The project should be completed mid-late
September. A neighborhood meeting has not been held, but detour signs would
be provided to direct traffic to Elm Street. The properties proposed to be assessed
have been notified. There are no residential properties affected. There are five
commercial and/or multi-family properties. The estimated assessments for the
multi-family properties would range from $20,000 - $30,000. The library would
be assessed $20,000, the commercial property at 2nd and Spruce would be
approximately $12,000. The project will start after Rambling River Days.
Mr. Greg Feely, owner of 104 Oak and 204 Oak Street, stated he received a
statement for the properties concerning the Elm Street project with the final
numbers. He did not have the earlier paper that gave an estimated cost, but
thought it was around $600 per property. The current assessed amount is $1206
per property. Regarding the Spruce and 2nd Street project, he noted that is
proposed at $1,179,000. He asked if this assessment would also be twice as
much. This project is a larger project than Elm Street. Much ofthe area is City
owned with the City Hall and the Rambling River Center. He understood these
properties and the library would not have to pay the assessment. Finance Director
Roland replied regarding the Elm Street project, the original number was $600
and the numbers did not change. The Elm Street hearing will be on June 2, 2008.
She urged Mr. Feely to contact City Hall regarding his notice. Regarding the City
owned and non-City owned properties on the Spruce and 2nd Street project, the
City will be attempting to assess or receive in lieu of assessment, payment from
Dakota County for the library. Regarding the City Hall and the Rambling River
Center, they are figured into the assessment roll. The money that pays their
portion comes out of the road and bridge fund.
MOTION by Fogarty, second by Wilson to close the public hearing. APIF,
MOTION CARRIED. MOTION by Fogarty, second by McKnight to adopt
RESOLUTION R38-08 approving the plans and specifications and authorizing
the advertisement for bids for the Spruce Street/2nd Street Reconstruction project.
APIF, MOTION CARRIED.
1-4
Council Minutes (Regular)
May 19,2008
Page 3
9. AWARD OF CONTRACT
a) Towing Contract - Police Department
As Starr Automotive was no longer in the towing business, the City went out for
bid for towing services. Two bids were received and the lowest bidder was
Undercover Auto Recovery. MOTION by Fogarty, second by McKnight to
award the towing contract to Undercover Auto Recovery. APIF, MOTION
CARRIED.
10. PETITIONS, REQUESTS AND COMMUNI,CATIONS
11. UNFINISHED BUSINESS
a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids - TH3
Roundabout Project - Engineering
The plans and specifications were ordered at the December 3, 2007, Council
meeting. The developer of the Seed property has agreed to contribute $310,000 to
the project, Empire Township will contribute $380,000, MnDOT will contribute
$550,000 and Dakota County will contribute $400,000. The City's portion of
$539,000 will come from MSA funds. The proposed bid date is June 23, 2008,
with the award of contract at the July 7, 2008 Council meeting. The estimated
project cost is $2.2 million. Since the December 3, 2007, Council meeting, the
City's contribution has been reduced by $120,000 due to better estimates. There
will be advanced warning signs both north and south of the roundabout along with
recommended speed. There will also be lighting installed. MOTION by
Fogarty, second by Wilson to adopt RESOLUTION R39-08 approving the plans
and specifications and authorizing the advertisement for bids for the TH3
roundabout project. APIF, MOTION CARRIED.
b) Reconsider Park Regulations Ordinance Prohibiting Golf - Parks and
Recreation
MOTION by Wilson, second by Fogarty to reconsider this item from the May 5,
2008 Council meeting. Voting for: Fogarty, Pritzlaff, Wilson. Voting against:
McKnight. MOTION CARRIED. Councilmember Wilson brought this item
back because of a compelling e-mail received from a resident. There is a
potential safety issue. If the item is not reconsidered, he would like a report at a
later time with other options or to install signs prohibiting golf.
Acting Mayor Pritzlaff stated if the ordinance is passed, he would like some
enforcement included. If we have the ordinance, there would be no golfing in
parks, including putting and chipping. Some people are taking advantage of the
parks and ruining it for others.
Councilmember McKnight understands the e-mail from the resident. His concern
is that we are starting to ban sports in parks. Golfballs are first, so when are
baseballs, softballs, and footballs next. There is a group of children making some
bad decisions. That is the parent's responsibility.
Councilmember Wilson noted there is a difference between golf balls and other
items. This is not banning sports. We .are talking about a projectile that will leave
a small area.
1-5
Council Minutes (Regular)
May 19, 2008
Page 4
Police Chief Lindquist stated the police will do whatever the Council directs. He
has asked the resident to contact the Police Department in the future when this is
taking place.
Ms. Erin Krause, 19875 Evensong Court, stated her backyard backs up to the
park. As far as taking advantage of the system, she felt that was a little strong.
Seven of the neighboring communities have an ordinance in place for the safety
of the community and the park workers. As far as banning sports, when a park is
developed, there is a place made for baseball to be played, there is a tennis court
for tennis. Golf balls are in a different arena. That is why they have driving
ranges with nets and other safety precautions. Her children are finding half a
dozen golf balls in their yard.
MOTION by Wilson, second by Fogarty to reconsider amending ordinance 6-9-6
prohibiting golf in City parks. Voting for: Fogarty, Wilson. Voting against:
McKnight, Pritzlaff. MOTION FAILED. Acting Mayor Pritzlaffurged people
to contact the Police Department when they see this activity.
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember McKnight: He asked City Administrator Herlofsky to check with the
developer on paving the gravel extension of Spruce Street.
Councilmember Wilson: He stated he respected Councilmember McKnight's
opinion on the parks issue. Now that the weather is nicer, he encouraged residents to
slow down and watch for kids and bikes in the neighborhoods.
City Engineer Schorzman: Reminded everyone of the open house to discuss the 195th
Street extension and the roundabout project on Wednesday, May 21,2008, from 6:00-
8:00 p.m. at the Central Maintenance Facility.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 7:36 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~4 /'Y7~
Cynthia Muller
Executive Assistant
1-6
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
76
TO:
/~..
Mayor, Councilmembers, and City Administrat~r f!J
Brenda Wendlandt, Human Resources Director
FROM:
SUBJECT:
Employee Service Recognition
DATE:
June 2, 2008
INTRODUCTION
This memorandum has been prepared to inform Council of employees to be recognized this year for
their years of service to the organization.
DISCUSSION
The City has a long established employee recognition program that acknowledges employees for
every five years of service they achieve. The following employees will receive recognition in 2008.
Marilyn Walton
Rich Schimmel
Lena Larson
Todd Reiten
Brian Lindquist
Cindy Muller
Randy Distad
Jennifer Morical
Cindy McMillen
Ron Fedder
Shawn Scovill
Jeff Olson
Dave Trihus
Wayne VanGuilder
Georgia Larson
Marjorie Boese
Jeff Jones
Jennifer Collova
Deb Richter
35 years
20 years
15 years
15 years
10 years
10 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5-7-1973
1-1"1988
3-5"1993
8-19-1993
1-26-1998
7-7-1998
1-21"2003
1-22-2003
2-4-2003
2-10-2003
4-28-2003
5-6-2003
5-20-2003
6-3-2003
6-4-2003
6-4"2003
8-6"2003
9-16"2003
9-29-2003
2-1
ACTION REOUESTED
For information only.
Respectfully submitted,
/:4'i~~tdt-
.' Brenda Wendlandt, SPHR
Human Resources Director
cc: Personnel file(s)
2-2
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7~
TO:
Mayor, Councilmembers, and City Administrato(7
\(3
Brenda Wendlandt, Human Resources Director
FROM:
SUBJECT:
2008 Summer Seasonal Staff Appointments
DATE:
June 2, 2008
INTRODUCTION
The recruitment and selection process for the appointment of the 2008 Summer Staff has been
completed.
DISCUSSION
After a thorough review by the Parks & Recreation Department and the Human Resources Office,
offers of employment have been made to the individuals shown on the attached sheet.
BUDGET IMPACT
Funding is authorized in the 2008 budget.
ACTION REOUESTED
For your information.
Respectfully submitted,
pi /1 ~//' l/f//
"\/:L~1 /~ .' "', / ?'~~" -
).~j2LA~?;?'/~/'-& /;1./1#rT
/ Brenda Wendlandt, SPHR
Human Resources Director
cc: personnel file
3-1
2008 Returning Rec Programs Staff
Name Pay Rates
Czech, Natalie Rec Assistant 8.31
Davis, Amanda Rec Assistant 9.35
Donnelly, Heidi Rec Assistant 9.35
Pietsch, Kelly Rec Leader 10.38
Pietsch, Keri Rec Assistant 8.31
Shearer, Laura Rec Assistant 8.31
West, Dylan Rec Assistant 8.31
West, Logan Rec Assistant 8.31
Rec Programs" New Staff
Broin, Bethany Rec Assistant 7.93
Davis, Kayla Rec Assistant 8.91
Gerten, Heidi Rec Assistant 7.93
Hinrichsen, Kayla Rec Assistant 7.93
Johnson, Kelli Rec Assistant 7.93
Slette, Lynnae Rec Assistant 7.93
2008 Par Maintenance Sta
Anderson, Chelsea
Kropelnicki, Luke
Roschen, Alex
Rowan, Jared
2008 Returning Pool Staff
Fischer, Bethany Guard 9.24 Concessions 6.99 WSI 10.05
Froehling, Andrew Guard 8.96 Concessions 6.73 WSA 8.96
Froehling, Ben Guard 9.57 Concessions 6.99
Graber, Angela Head Guard 10.05
Graber, KrystIe Pool Supervisor 12.08
Haugen, Nick Guard 8.96 Concessions 6.73
Hunter, Allison Guard 9.57 WSI10.38
Kuehn, Brittnee Head Guard 10.05 WSI10.38
Mahowald, Matt Guard 9.24
Nikoley, Elizabeth Guard 8.96 Concessions 6.73
Pearson, Olivia Guard 8.96 Concessions 6.73
Pellicci, Amanda Guard 9.57 WSI 10.05
Schimmel, Kelly Guard 8.96 Concessions 6.73
Pool - New Staff
Ellis, Carolyn Guard 8.63 Concessions 6.46
Huls, Callista Guard 8.63 Concessions 6.46
Hunter, Sarah (sub) Guard 8.63 Concessions 6.46
Kuehn, Derek* Guard 8.63 Concessions 6.46
Nicolai, Anna (sub) Guard 8.63 Concessions 6.46
Pellicci, Andrea Guard 8.63 Concessions 6.46
VanBlarcom, Corey Guard 8.63 Concessions 6.46
2008 Returning Tennis Staff
Swedin, Michelle Tennis Supervisor 13.17
Tennis - New Staff
Estes, Mark Tennis Instructor 8.63
Findsen, Anna Tennis Instructor 8.63
3-2
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
?c!
TO:
Mayor and Councilmembers
City Administrator ~
Brian A. Lindquist~
Police Chief
FROM:
SUBJECT:
School and Conference
DATE:
June 2, 2008
INTRODUCTION
Use of force incidents and excessive force complaints are the most common lawsuits filed against
police departments in the United States. The Farmington Police Department is committed to
providing its officers with the best available Use of Force and Firearms training.
DISCUSSION
A current and effective training program is critical to providing officers with tools to properly
manage a use of force incident. Tactics, techniques, and case law are constantly changing, making it
necessary for departments to frequently seek out new instructor-level training. Sergeant Gary
Rutherford and Officer Matt Hendrickson have been selected to attend a rigorous 40 hour training
program to become certified as Reality Based Training Instructors. The program will be held in St.
Paul on June 9-13, 2008.
BUDGET IMPACT
The cost is $1,250.00 and is included in the 2008 budget for the Patrol Division.
ACTION REQUESTED
Information only.
Respectfully submitted,
f~ ' //,. /,71 .d~~
~/~a~J--l. ?;)k;.",~- ~
Brian A. Lindquist
Chief of Police
4-1
7e...
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City AdministratG
FROM: Lena Larson, Municipal Services Administrative Assistant
SUBJECT: Adopt Resolution Accepting Donation for Pollution Prevention Day - Municipal
Services
DATE: June 2, 2008
INTRODUCTION
A donation for Pollution Prevention Day 2008 has been received from Dakota Electric Association.
DISCUSSION
Dakota Electric Association has once again agreed to be a Pollution Prevention Day sponsor with a
generous donation of$1000.
The event will be held in Rambling River Park on Friday, September 12, 2008. Pollution Prevention
Day has been held for Farmington students since 1997. For 2008, we are anticipating more than 550
4th grade participants.
Staff will communicate the City's appreciation on behalf of the Council to Dakota Electric
Association for their support of Pollution Prevention Day.
ACTION REQUESTED
Approve the attached resolution accepting the donation from Dakota Electric Association.
Len Larson
Municipal Services Administrative Assistant
5-1
RESOLUTION No. R -08
ACCEPTING DONATION FROM DAKOTA ELECTRIC ASSOCIATION
FOR POLLUTION PREVENTION DAY
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day
of June, 2008 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, Dakota Electric Association has donated $1000 towards Pollution
Prevention Day; and
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts
the generous donation of $1000 from Dakota Electric Association to be used for Pollution
Prevention Day.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 2nd day of June 2008.
Mayor
Attested to the
day of June 2008.
. City Administrator
SEAL
5-2
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminlrton.mn.us
7F
TO:
Mayor, Councilmembers, City AdministratoO
Jeremy Pire, Facility Maintenance supervisor'~
Adopt Resolution Accepting Donations for the
2008 Spring Skating Competition
FROM:
SUBJECT:
DATE:
May 27,2008
Introduction
Donations totaling $223.80, were received from Hot Ice Skating Apparel ($83) and Northwest
Designs Ink, Inc.($140.80), for the 2008 Spring Skate Competition.
DISCUSSION
The 6th Annual Spring Skate Competition was held on Saturday, April 5th, 2008 at the Schmitz Maki
Arena. The businesses identified above donated money to assist in making the skating competition a
unique, fun and affordable event for all participants. The money donated was used to offset program
costs.
Staff will communicate the City's appreciation on behalf of the Council to the businesses for their
generous donations.
ACTION REQUESTED
Adopt the attached resolution accepting the donations for the 5th Annual Spring Skating Competition
from Hot Ice Skating Apparel and Northwest Designs Ink, Inc.
t:~:~~1tZ
Facility Maintenance Supervisor
6-1
RESOLUTION No.
ACCEPT DONATIONS FOR THE 6th ANNUAL SPRING SKATE
COMPETITION FROM HOT ICE SKATING APPAREL AND
NORTHWEST DESIGNS INK, INC.
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 2ND
day of June, 2008 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, Hot Ice Skating Apparel has donated $83, and Northwest Designs Ink, Inc.
has donated $140.80 to offset costs associated with the 6th Annual Spring
Skate Competition; and,
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts
with gratitude the generous donations of money from Hot Ice Skating Apparel and
Northwest Designs Ink, Inc.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 2nd day of June, 2008.
Mayor
day of June, 2008
Attested to the
City Administrator
SEAL
6-2
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111 . (651) 463-2359
www.ci.farrnington.mn.us
~
TO:
Mayor, Council members and City Administrator 9
Missie Kohlbeck, Senior Center Coordinator /l7f1
Patti Norman, Recreation Program Supervisor f\ y
FROM:
SUBJECT:
Adopt Resolution Accepting Donations to the Rambling River Center
DATE:
June 2, 2008
INTRODUCTION
Several donations have been received at the Rambling River Center during April and May 2008.
DISCUSSION
The Rambling River Center was fortunate to receive the following donations:
$700 from the Farmington Eagles for Bingo
$100 from Marvalene James in memory of Evelyn Klug and Raymond James
It is in the best interest of the Rambling River Center to accept these donations. Staff will thank the
donating parties on behalf of the City of Farmington
ACTION REQUESTED
Adopt the attached resolution accepting the donations totaling $800.
Respectfully Submitted,
YI~~W
Missie Kohlbeck
Senior Center Coordinator
(4 \j\~0---
Patti Norman ----.
Recreation Supervisor
7-1
RESOLUTION No.
ACCEPTING DONATIONS TO THE RAMBLING RIVER CENTER
TOT ALING $800.00 DURING APRIL AND MAY 2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of June,
2008 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, a donation of$700 from Farmington Eagles and $100 from Marvalene James
have been given to the Rambling River Center; and,
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with
gratitude the generous donations totaling $800.00 from the aforementioned donators.
This resolution adopted by recorded vote ofthe Farmington City Council in open session on the
2nd day of June 2008.
Mayor
Attested to the _ day of June 2008.
City Administrator
SEAL
7-2
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7~
TO:
Mayor, Councilmembers and City Adrninistrat~
Randy Distad, Parks and Recreation Director '\..../
FROM:
SUBJECT:
Approve Request to Waive Fees for Rambling River Days
DATE:
June 2, 2008
INTRODUCTION
Permits would normally be required for events related to the annual Rambling River Days
celebration.
DISCUSSION
The Rambling River Days Committee is requesting that the City Council waive fees for the permits
required for the 2008 Rambling River Days celebration. Council has approved the waiver of the
permit fees in past years.
BUDGET IMP ACT
It is anticipated that based on the preliminary schedule for this year's Rambling River Days activities,
there would have been $3,170.00 collected if permits were required. The permit fees for the
Rambling River Days celebration were not budgeted as revenue in the City's 2008 budget.
ACTION REQUESTED
Approve the request to waive the permit fees for the 2008 Rambling River Days celebration.
1Z:4Y;)~
Randy Distad
Parks and Recreation Director
8-1
2008 RAMBLING RIVER DAYS PERMITS
The following is a listing of events, sponsors and the established fees for each event which require a
permit:
Exhibition Temporary Outdoor (Ord 3-17-4) 2008 Fee@$15.00/occasion
Name of Event
1. Kiss the Pig
2. Bed Races
3. Dew Run
4. Kiddie Parade
5. Reptile Show
6. Nut and Bolt Toss
7. BBQ Rib Cook-Off
8. Medallion Hunt
9. Trout Pond
10. Stage Entertainment
11. Grand Day Parade
12. Straw Scramble
13. Waterball Contest
14. Dodgeball Tournament
15. Beer Garden
16. Walk Historic Downtown
17. Stroll Through Art Depot
18. Afternoon Fun with Dad
19. Pool Fun Days
20. Mighty Machines, Big Rigs
21. Family Fun Fest
22. Pedal the Parks
23. Harley Motorcycle Night
24. Crazy Dayz Sidewalk Sale
25. Remote Control Car Contest
26. USA Tae K won Do Demo
27. KDRS/KCHK Radio Live
28. BeerFest/House Band
29. Hula Hoop Contest
30. Washer Toss Tourney
31. Bubble Gum Blowing Contest
32. Football Toss
33. Music Mania - Back to 50's
34. Big Wheel Races
35. Hamburger Feed
36. Kids Craft Fair
37. Day Care Days
38. Family Fun Fest
39. Pet Contest
8-2
Sponsor
Parks and Recreation
CEEF
Parks and Recreation
Farmington Independent
Dakota County Library
Pellicci Hardware
Farmington Independent & CEEF
CEEF, Farmington Police
Southern Dakota Sportsmen Club
CEEF
CEEF
KDRS/SCHK
Farmington Firefighters
CEEF, Farmington Independent
Lions Club and American Legion
Heritage Preservation Committee
Dakota Valley Arts Council
CEEF
Parks and Recreation
Dakota County Library
Family Vision Clinic, Dental Health
Saint Paul Saints, Jule Management
Parks and Recreation
Downtown Business Association
Downtown Business Association
B&B Pizza
USA TaeKwonDo
Downtown Business Association
Farmington Eagles
B&B Pizza
Mr. Auto
Heikkla Studio
The Fan Club
Bugaloos
The Farmington Independent
Farmington VFW
Dakota County Library
CEEF, YMCA, Dakota Licensing
CEEF
Akin Hills Pet Hospital
39 events @$15.00/event = $585
Location of Event
Schrnitz- Maki Arena
Schmitz- Maki Arena
Downtown
Schmitz- Maki Arena
Library
Downtown
Schmitz- Maki Arena
Schmitz- Maki Arena
Schmitz-Maki Arena
Schrnitz-Maki Arena
Downtown
Schmitz-Maki Arena
Econofoods Parking Lot
Rambling River Park
Schmitz- Maki Arena
Downtown
Downtown
Downtown
Pool
Library
195th and Pilot Knob
Rambling River Park
3 rd and Oak
Downtown Stores
B&B Lot
McVicker Lot
3rd and Oak
Eagles
B&B Lot
B&B Lot
Heikkila Sidewalk
The Fan Club Sidewalk
Bugaloo's Sidewalk
Oak and Spruce
VFW Sidewalk
Library
Schmitz- Maki Arena
Schmitz-Maki Arena
18400 Pilot Knob
Transient Merchant Permit (Ord 3-18"1) 2008 Fee @ $45.00 Temporary
Name of Event
1. Arts and Craft Sale
2. Inflatables
3. Concessions
4. Concessions
5. Concessions
6. Concessions
7. Concessions
8. Concessions
9. Concessions
10. Concessions
11. Concessions
12. Concessions
13. Flavors of Farmington
Sponsor
CEEF
CEEF
CEEF
Taco Dicks
Schroeder
Schroeder
Schroeder
Dave Sletten
D&S Enterprises
Kettle Com
Treat Truck Concessions
O'Neill Amusements
CEEF, Econofoods, Farmington
Liquors
13 Events @ $45.00 = $585
Schmitz-Maki Arena Dry Floor Rental for four days @ $500 day $2,000
Location of Event
Schrnitz- Maki Arena
Schrnitz- Maki Arena
Schrnitz-Maki Arena
Schrnitz- Maki Arena
Schrnitz- Maki Arena
Schrnitz- Maki Arena
Schrnitz- Maki Arena
Schrnitz-Maki Arena
Schrnitz-Maki Arena
Schrnitz-Maki Arena
Schrnitz-Maki Arena
Schrnitz-Maki Arena
Schrnitz-Maki Arena
Total Amount of Fees Waived for 2008 Rambling River Days $3,170.00
8-3
7/'
City of Farmington
325 Oak Street, Farmington, MN 55024
(651)463-7111 Fax(651)463-2591
www.ci.farmington.mn.us
TO: Mayor, Councihnembers and City Administrato(f
FROM: Patti Norman, Recreation Supervisor
SUBJECT: Accept Grant Award from USTA Northern Section
DATE: June 2,2008
INTRODUCTION
A $605 grant has been awarded from the United States Tennis Association (USTA) Northern Section.
DISCUSSION
The award is to support the implementation of the new Quickstart tennis format for youth tennis
through Farmington Parks & Recreation this summer.
There is no matching contribution requirement for the City to meet in order to receive this grant.
USTA Northern appreciates the City's commitment to the growth and development of tennis in
Farmington and are happy to be a partner with the City in this endeavor.
ACTION REQUESTED
By motion, approve accepting the grant of$605 from USTA-Northern for implementation of the new
Quickstart tennis format.
" . Respectfully Submitted,
(\~).'" r~
"-,~''-~' "'-'. ,
'--. ...-7'-''"'''''''' -" ~,
;~~ti Norman ~
Recreation Supervisor
9-1
7'
u
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7]]] . Fax 651.463.259]
www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City AdministrauQ
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve Agreement for Construction of Farmington Preserve Park Improvements
DATE: June 2, 2008
ACTION REQUESTED
In 2008, a basketball court and accessible trails were planned for construction in Farmington Preserve
Park. The action being requested is to approve the attached agreement hiring Radloff & Weber
Blacktopping, Inc. who submitted the low quote for this work.
DISCUSSIONIBUDGET IMPACT
Quotes were received from four contractors for this work. Radloff & Weber Blacktopping, Inc from
Prior Lake, Minnesota submitted the low quote in the amount of$23,540. A tabulation of the four
quotes received is attached.
BUDGET IMPACT
These improvements were identified to be covered under the approved 2008 Park Improvement Fund
budget. The low quote is $5,860 under the amount estimated to construct these improvements. The
following shows the estimated cost versus the quoted cost of these improvements:
Parks
Farmington Preserve Park
Improvement
basketball court
& trail construction
Estimate Quote
$29,400 $23,540
Difference
(Est-Quote)
($5,860)
1ZfuIlYW
Randy D~'
Parks and Recreation Director
10-1
FORM OF AGREEMENT
THIS AGREEMENT, made and signed this 2nd day of June 2008, by and between the City of
Farmington hereinafter called the "Owner" and Radloff & Weber Blacktopping, Inc., hereinafter called
the "Contractor".
THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter
stated, agree as follows:
ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of
the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 325
Oak Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner
for:
2008 Farmington Preserve Park Improvements
and to complete everything required by this Agreement.
ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and
satisfactorily completed on or before Friday, August 29, 2008.
ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the
Owner as "additional insured" and having at least $1,200,000 per occurrence liability coverage.
ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in
accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted
Contractor's Proposal on file in the Office of the Parks and Recreation Director, the aggregate of which
prices, based on the approximate schedule of quantities, is estimated at $23,540.00
ARTICLE V The Contract Documents shall consist ofthe following component parts:
1. The Proposal Form submitted by the Contractor.
2. Contractor's Certificate ofInsurance listing the City of Farmington as "additional insured".
3. Special Provisions (if any)
4. Specifications (General and Specific Requirements)
5. This Agreement
IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the date first
above written.
CONTRACTOR:
OWNER:
BY:
BY:
ITS MAYOR
ITS
10-2
2008
Farmington Preserve Park
Trail and Court
Surface Project
Quotes Tabulation
Name of Contractor
Radloff & Weber Blackto in, Inc.
Northwest As halt, Inc.
McNamara Contractin , Inc.
Bituminous Roadwa s, Inc.
Bid Submitted
$23,540.00
$26,352.45
$35,000.00
$36,720.00
10-3
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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
7f
TO:
Mayor and Councilmembers~
City Administrator \jt1
FROM:
Brian A. Lindquist
Police Chief
SUBJECT:
Joint Powers Agreement
City of 81. Paul Republican National Convention
DATE:
June 2, 2008
INTRODUCTION
The City of St. Paul is the designated host City for the 2008 Republican National Convention to be
held September 1-4,2008. All advanced planning indicates a possible need for approximately 3,000
police officers to properly secure the event. The City of St. Paul has asked the City of Farmington
and several other agencies to enter into a Joint Powers Agreement in case additional staffing is
needed.
DISCUSSION
The JP A has been reviewed and approved by both the City Attorney and the League of Minnesota
Cities. Although it is unknown at this time if the Farmington Police Department will be asked to
supply licensed police officers, we have begun planning in the event that St. Paul Police requests
assistance.
BUDGET IMPACT
The City of St. Paul has provided the necessary paperwork and instructions to submit for
reimbursement for all officers provided through the Farmington Police Department. We anticipate
minimal costs if any.
ACTION REQUESTED
Approve the attached Joint Powers Agreement.
Respectfully submitted,
,;2. .,. /") 'z"f' _a. n~:' ~
G<U":~--..) L...t?'.. ~~~~
Brian A. Lindquist e:-.....
Chief of Police
11-1
JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION
THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as
the "Agreement"), is made effective, except as otherwise made operationally effective as set
forth in Section 4 herein, on this 2nd day of June, 2008, by and between the CITY OF SAINT
PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting
through its Police Department (hereinafter referred to as the "SPPD") and The City of
Farmington, a municipal corporation acting through its Police Department (hereinafter referred
to as the "Provider"). '
WHEREAS, the City is a host city for the 2008 National Republican Convention to be held
between September 1,2008 and September 4,2008 (hereinafter referred to as the "2008 RNC");
and
WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican
National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota
non"profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has
agreed to undertake certain public safety and security measures related to the 2008 RNC within
the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to
the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the
provision of such measures in other locations throughout the greater Saint Paul-Minneapolis
metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations
that may be subject to a Unified Command (as defined herein) (hereinafter such above-described
locations shall be collectively referred to as the "Security Event");
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide
the public safety and security measures required of an event the size and unique nature of the
2008 RNC; and
WHEREAS, the Farmington Police Department provides law enforcement services to the
Provider pursuant to the police powers and law enforcement authority granted under the laws of
the State of Minnesota; and
WHEREAS, at the request of the City, the Provider is willing to provide the services of the law
enforcement personnel identified in this Agreement to the City to assist the SPPD with the
Security Event; and
WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the
"RR T"), comprised of licensed peace officers employed by the SPPD and certain other law
enforcement organizations, that will be established for the sole and exclusive purpose of
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providing public safety-related aid and assistance to law enforcement organizations throughout
the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with
the City, similar to this Agreement, provided that such aid and assistance is actually and directly
related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary
circumstances, all as more fully set forth in Section 3.6 herein.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59,
commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and
626.77, and in consideration of the mutual covenants herein contained and the benefits that each
party hereto shall derive hereby, the Parties agree as follows:
1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON-
LPOS
1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the
Provider will provide the City with the professional services of those certain licensed
peace officers identified on Attachment A attached hereto (such licensed peace officers
identified on Attachment A shall be collectively referred to herein as the "LPOs") to
assist the SPPD with the Security Event, and to set forth the terms and conditions in
which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance
of the RRT.
1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide
the City with persons who are employed and actively utilized by the Provider in a
public safety capacity who do not meet the criteria of an LPO as set forth in this
Agreement but whose special public safety training and experience may enable
such persons to provide further assistance to the SPPD with regard to the Security
Event (hereinafter such persons are identified on Attachment B attached hereto,
and shall be collectively referr~d to herein as the "Non-LPOs") (an example of a
Non-LPOs might include parking enforcement and/or traffic control officers,
detention staff, special deputies, and emergency center dispatchers). If the SPPD,
in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the
Provider in writing of the conditions by which the Non-LPOs will be used, and
such writing will be incorporated as an addendum to this Agreement.
1.1.2 Provider will exercise its best efforts to assist with the Security Event. The
parties acknowledge and agree. that resource availability requires Provider to
exercise its best judgment in prioritizing and responding to the public safety needs
of its jurisdiction including, but not limited to, the Security Event. That
prioritization decision belongs solely to Provider. This Agreement does not entitle
City or the Security Event to a higher priority or special consideration during
Provider's prioritization process. Further, Provider may, at any time, recall its
LPOs when, it is considered to be in Provider's best interest to do so.
1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes,
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Sections 626.84, Subdivision I (c) and 471.59, Subd. 12, which reads:
"(1) the peace officer has successfully completed professionally recognized peace officer
pre-employment education which the Minnesota Board of Peace Officer Standards and
Training has found comparable to Minnesota peace officer pre-employment education;
and
(2) the officer is duly licensed or certified by the peace officer licensing or certification
authority of the state in which the officer's appointing authority is located."
2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE
2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider
agrees that each of the LPOs shall also meet the following criteria:
A. That each LPO shall by reason of experience, training and physical fitness be
deemed in the sole discretion of the SPPD, that she/he is capable ofperforrning
the duties required by the SPPD of each such LPO during the Security Event; and
B. That: (i) each LPO shall have been employed as a licensed peace officer for a
minimum oftwo (2) years in the United States; or (ii) in the event that an LPO
has been employed as a licensed peace officer for less than two (2) years in the
United States, that such LPO will at all times when providing the services
described in this Agreement, be directly supervised by an LPO who in addition to
satisfying the minimum criteria described in this Section 2.1 B. (i), shall also
possess sufficient supervisory skills and experience generally recognized and
accepted throughout the greater Saint Paul-Minneapolis law enforcement
community; and
C. That each of the LPOs are officers in good standing with the Provider.
Throughout the term of this Agreement, the Provider shall promptly notify the
SPPD in the event that any LPO is no longer an officer in good standing with the
Provider.
D. That throughout the term of this Agreement and subject to Chapter 13,
Minnesota Statutes, commonly known as the "Minnesota Governmental Data
Practice Act" (hereinafter referred to as the "MGDP A"), the Provider shall give
notice using the form attached hereto as Attachment C, to the SPPD of any public
data, as defined by the MGDP A, related to internal affairs type of investigations
either pending and/or sustained against any LPO during the past three (3) years,
involving excessive/unnecessary/unreasonable use of force, improper conduct or
conduct unbecoming of a licensed law enforcement officer; and
E. That unless otherwise provided or requested by the SPPD, each of the LPOs
shall be equipped and/or supplied by Provider at Provider's own expense, with a
seasonally appropriate patrol uniform of the day and equipment, including but not
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limited to service belts with Provider radio equipment, service weapon and
personal soft ballistic body armor that are required to be worn by each LPO while
on duty for the Provider; see Attachment E attached hereto for uniform and
equipment list; and
F. That Provider shall furnish all of the information required in Attachments
A and B attached hereto, for each LPO and Non-LPO, no later than ten (10)
business days after the effective date of this Agreement, with the understanding
that the City will hold the data in the same classification as the Provider does
under the MGDP A.
2.1.1 Provider acknowledges and agrees that at anytime during the term of this
Agreement the City has the sole discretion to decline to accept and/or use any
LPO or Non-LPO without cause or explanation.
2.2 The Provider agrees to provide the City with the following services:
A. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in training
activities related to the Security Event, that are coordinated or
conducted by the SPPD or its designee (hereinafter each such
training session shall be referred to as a "Security Event Training
Session") for a period of time commencing from the Security
Event Training Session Commencement Date to the Security Event
Training Session Termination Date as those respective terms are
defIned in Section 4 herein; and
B. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in the
Security Event for a period of time commencing from the Security
Event Commencement Date to the Security Event Termination
Date as those respective terms are defined in Section 4 herein.
C. That each LPO agrees to be placed by the SPPD, if so determined
by the SPPD, in an "On Assignment" status in which the LPO is
physically proximate to a Security Event location within the City
of Saint Paul, so as to be able to physically report in a timely
manner to such duty post assigned by the SPPD prepared to
undertake the specific job task or responsibility assigned to such
LPO by the SPPD related to the Security Event.
D. That at the request of the SPPD, each LPO and Non-LPO shall
participate in and/or provide information to and otherwise
cooperate with the SPPD in any "after action activities" following
the conclusion of a Security Event Training Session and/or the
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Security Event. For purposes of this Agreement "after action
activities" may include, but not be limited to the following
activities related to Security Event Training Sessions and the
Security Event: debriefings of information and experiences,
completion of surveys and questionnaires and assisting and/or
participating in any civil and/or criminal legal proceedings.
2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times
during each Security Event Training Session and/or the Security Event, each LPO
regardless of such LPO's rank or job title held as an employee of the Provider, shall be
subject to a structure of supervision, command and control coordinated through a unified
law enforcement command and following unified command principals and practices
established throughout the law enforcement community (herein referred to as "Unified
Command").
2.4 The Provider agrees to cooperate and provide the City, with any other information
reasonably requested by the City that the City deems necessary to facilitate and enable
compliance with the terms and conditions contained in this Agreement. By way of
illustration only, such cooperation and information may include, but not be limited to the
Provider's timely completion and production of information required for insurance
purposes and audit purposes.
3 CITY RESPONSIBILITIES
3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the
SPPD deems necessary. The substance of the training, including the locations, dates and
times of any Security Event Training Session, shall be detailed in a separate writing
provided from the SPPD to the Provider.
3.2 The City anticipates certain financial assistance will be provided to it by the federal
government and/or third parties other than the City (hereinafter referred to as the
"Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the
necessary costs of participating in the Security Event Training Session[s], the Security
Event, the RRT and any "after action activities" related thereto. Subject to the City's
good faith duty to provide the Provider with as much advance written notice that is
reasonable under the circumstances that the Security Subsidy is insufficient to reimburse
all or a portion of the costs and expenses described in this Agreement, Provider
acknowledges and agrees that the City's obligation to reimburse such costs or expenses
shall be limited only to the funds available in the Security Subsidy. In such event, City
agrees that funds available shall be distributed between/among Provider and any other
law enforcement organizations providing services under this or similar agreements in, at
least, a ratio based on each organization's contribution as a share of the total
contributions
3.3 Subject to the prior written approval of the City and the Provider's compliance with the
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requirements of Section 5 of this Agreement, the City agrees to provide reimbursement
from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are
actually utilized by the SPPD during the Security Event Training Sessions and/or the
Security Event, for the following: the prevailing hourly contract wages at the rate of one
and one-halftimes, together only with the employer's share of Medicare and PERA
contributions being paid by the Provider to each LPO and Non-LPO (based on such
hourly wages and employer's share of Medicare and PERA contributions described in
Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO
have been actually utilized by the SPPD in accordance with this Agreement. Unless
otherwise agreed to in writing by the City, the City shall only reimburse the Provider in
accordance with this Agreement for any pre"approved reimbursable costs incurred by the
Provider related to the actual participation by an LPO or Non-LPO in a Security Event
Training Session, only upon the satisfaction of one of the following conditions: (a) the
actual participation by such LPO or Non-LPO in the Security Event as required by the
SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in
the Security Event as required and needed by the SPPD hereunder, despite the LPO or
Non-LPO not having actually participated in the Security Event.
3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and
implementation of this Agreement, which responsibilities shall include, but not limited to,
determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom
(hereinafter referred to as the "Coordinator"). Except as otherwise provided in this
Agreement, all contact or inquiries made by the Provider with regard to this Agreement
shall be made directly to the Coordinator or the Coordinator's designee.
3.5 The City shall provide the Provider with the eligibility guidelines for the costs described
in this Section 3 and a checklist for submitting the Reimbursement Payment Form
attached hereto as Attachment F, and related required documentation.
3.6 The RRT will be established for the sole and exclusive purpose of providing public
safety"related aid and assistance as requested by law enforcement organizations with the
legal responsibility for providing police services to local units of government throughout
the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who
have entered into an agreement substantially similar to this Agreement, with the City,
provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC;
and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For
purposes of this Agreement, the term "extraordinary circumstances" shall mean those
circumstances that significantly exceeds the usual and customary ability of the
Requesting Party to effectively and safely provide police services within its jurisdictional
boundaries (which by way of example only, may include, but not be limited to, providing
security for critical infrastructure, transportation routes and venues and facilities).
Nothing contained in this Agreement shall preclude the Provider from also becoming a
Requesting Party and availing itself of the RRT in accordance with this Section 3.6.
4 TERM OF AGREEMENT
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4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement
shall become operationally effective as follows:
4.1.1 Security Event Training Sessionr s 1 - The Security Event Training Session
Commencement Date and the Security Event Training Session Termination Date
shall be the date [ s] and time [ s] so referenced in the writing described in Section
2.2 A of this Agreement which writing will incorporate the terms and conditions
of this Agreement.
4.1.2 Security Event - The Security Event Commencement Date and the Security Event
Termination Date shall be the date[s] and time[s] so referenced in a separate
writing to be provided by the SPPD to the Provider, which writing will
incorporate the terms and conditions of this Agreement.
4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event
Training Session Termination Date[s] and the Security Event Termination Date
upon verbal or other non-written notice provided to Provider.
5 BILLINGS AND PAYMENTS
5.1 That in consideration for the Provider's faithful performance of this Agreement, the City
hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3
herein and this Section 5. Notwithstanding any other provision contained in this
Agreement, the Provider agrees that the City's reimbursement to the Provider from the
Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable
in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and
the Provider, no later than June 30, 2008. This not to exceed amount shall be
memorialized in a separate writing that will be incorporated as an addendum to this
Agreement.
5.2 Reimbursement Requirements
5.2.1 Except as may otherwise be provided either by this Agreement or with the written
consent of the City, any payments due and owing by the City to the Provider for
approved reimbursable costs and expenses described in this Agreement for which
the Provider has completed and delivered to the City all of the documentation
required herein, shall be made no earlier than the Security Event Termination
Date. Subject to the conditions described in this Section 5.2.1, the City shall make
every effort to make the payment to the Provider within thirty-five (35) days after
the City's receipt of all of the documentation required herein.
5.2.2 As a condition precedent to receiving any reimbursement from the City for
approved reimbursable costs and expenses described in this Agreement, the
Reimbursement Payment Form, referenced in Attachment F, attached hereto,
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must:
A. Be submitted to the City no later than November 15, 2008, unless such
deadline is otherwise extended with the written consent of the City. The
Reimbursement Payment Form shall be submitted to the Attention of Lori
Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700,
City of Saint Paul, MN 55102; and
B. Include a cover letter signed by the Provider's Chief Financial Officer or
hislher designee, detailing the total amount sought to be reimbursed and a
including a summary narrative and cost overview that provide context to
the submission, including any unusual circumstances, all provided under
the following certification: "1 certify that all information presented in this
application supports only costs incurredfor security related services
providedfor the 2008 Republican National Convention, and that all
information was obtained from payroll records, invoices or other
documents that are available for audit. "; and
C. Include an itemized invoice as specified on checklist; and
D. Include all back-up documentation, as outlined on the checklist provided
by the City to the Provider.
5.2.3 In addition to any other requirements contained herein, Provider agrees that it will
promptly provide to the City upon request, any other information or
documentation of approved reimbursable costs and expenses described in this
Agreement as may be required by the federal government as a condition to the
City's receipt of the Security Subsidy. All records must be maintained for future
audits and the entity being reimbursed will be fiscally responsible for the results
of any such audit.
5.2.4 Any questions regarding this reimbursement process should be directed to:
Lori Lee or designee, Office of Financial Services.
5.2.5 The Provider acknowledge and agree that the City's obligations to provide
reimbursement pursuant to this Agreement are solely and exclusively limited to
the Security Subsidy, and that the City shall not be liable for any payment
hereunder: (i) to the extent that the Security Subsidy is insufficient to fully
reimburse the Provider and the City provides the notice described in Section 16 of
this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy
determine, independent of the City and the SPPD, that a cost that may otherwise
be reimbursable pursuant to the terms of this Agreement, is not eligible for
reimbursement and that any payment for reimbursement previously made by the
City to the Provider is deemed to be ineligible by the funder[ s] and is required to
be returned to the funder[ s].
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5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement
or to provide in any manner the work or services as agreed to herein, the City reserves the
right to withhold any payment until the City is satisfied that corrective action has been
taken or completed. This option is in addition to and not in lieu of the City's right to
termination as provided in the sections of this Agreement.
6 AGREEMENT MANAGEMENT
6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has
identified the following person[s] as persons to contact only with regard to the following
matters regarding the Agreement:
(List names) (List responsibilities)
7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION
7.1 For purposes of this Agreement, the following words and phrases shall have the meanings
set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Work product" shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that are
used or belong to SPPD or results from Provider's services under this Agreement.
"Supporting documentation" shall mean any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other format and other evidences
used to generate any and all work performed and work products generated under this
Agreement.
"Business records" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other format, belonging to SPPD or Provider
and pertain to work performed under this Agreement.
7.2 All deliverable work products, supporting documentation and business records or copies
thereof, that are needed from or are the results from the Provider's services under this
Agreement shall be delivered to the City either pursuant to this Agreement or upon
reasonable request of the City.
7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise
disseminate information associated with or generated as a result of the work performed
under this Agreement without prior notice to the other. Except as otherwise required by
federal and/or state law, neither the City nor the Provider shall release, transmit, disclose
or disseminate any security information, security service or security service data, defined
under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or
required in all federal, state, and local laws or ordinances, and all applicable rules,
9
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regulations, and standards.
7.4 In the event of termination, all supporting documents and business records prepared by
the Provider under this Agreement, shall be delivered to the City by Provider by the
termination date.
7.5 Both the City and the Provider agree to maintain all business records in such a manner as
will readily conform to the terms of this Agreement and to make such materials available
at its office at all reasonable times during this Agreement period and for six (6) years
from the date of the final payment under the contract for audit or inspection by the City,
the Provider, the Auditor of the State of Minnesota, or other duly authorized
representative.
7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota
Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes,
Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data
created, collected, received, stored, used, maintained, or disseminated by the Provider or
the City in performing functions under this Agreement is subject to the requirements of
the MGDP A and both the City and the Provider must comply with those requirements. If
any provision ofthis Agreement is in conflict with the MGDPA or other Minnesota state
laws, state law shall control.
8 EQUAL OPPORTUNITY EMPLOYMENT
Neither the City nor the Provider will discriminate against any employee or applicant for
employment for work under this Agreement because of race, creed, religion, color, sex,
sexual or affectional orientation, national origin, ancestry, familial status, age, disability,
marital status, or status with regard to public assistance and will take affirmative steps to
ensure that applicants are employed and employees are treated during employment
without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of payor their
forms of compensation; and selection for training, including apprenticeship.
9 COMPLIANCE WITH APPLICABLE LAW
Both the City and the Provider agree to comply with all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency
of such governmental units, which are now or hereafter promulgated insofar as they relate
to their respective performances of the provisions of this Agreement.
10 CONFLICT OF INTEREST
10.1 Both the City and the Provider agree that it will not contract for or accept employment for
the performance of any work or services with any individual, business, corporation, or
government unit that would create a conflict of interest in their respective performances
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of their obligations pursuant to this Agreement.
10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance
with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except
as permitted by law, no City official or employee shall be a party to or have a direct
financial interest in any sale, lease, or contract with the City."
10.3 Both the City and the Provider agree that, should any conflict or potential conflict of
interest become known, the party learning of such conflict or potential conflict shall
advise the other party of the situation so that a determination can be made about each
party's ability to continue performing services under this Agreement.
11 INSURANCE
11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following
insurance coverage in which the Provider shall be covered as a named insured party:
A. Police Professional Insurance (the "Insurance Coverage") providing coverage
for claims arising out of actions of each LPO and Non-LPO who provide security
and law enforcement during the convention and convention related events with a
limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced
by a certificate of insurance provided to the Provider providing at least a ten (10)
day notice of cancellation or any significant material change in coverage.
11.1.1 The Provider agrees to be bound by the terms and conditions contained in the
Insurance Coverage policy ("Policy"), the terms and conditions of which are
incorporated herein by reference.
11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide
coverage during the time period set forth in the Policy.
11.1.3 The Provider agrees that is shall cooperate with the insurer who will be
underwriting the Insurance Coverage by timely providing information as
reasonably requested by said insurer or its designees. For purposes of this Section
11.1.3, this cooperation will include, but not be limited to both the underwriting
process and the claims process, and this obligation shall survive and extend if
necessary, beyond the termination of this Agreement.
11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs.
The Provider will maintain workers' compensation insurance or self-insurance equivalent
coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non-
LPOs are providing services pursuant to this Agreement. The Provider waives the right to
sue any other party for any workers' compensation benefits paid to its own LPOs or Non"
LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused
wholly or partially by the negligence of any other party.
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12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT
12.1 Notwithstanding any other provision of this Agreement, including, but not limited to
Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all
purposes within the scope of the Agreement, the relationship of the Provider to the City is
that of independent contractor and not that of employee. No statement contained in this
Agreement shall be construed so as to find the Provider or the LPOs and Non"LPOs, to
be employees of the City, and the Provider shall be entitled to none of the rights,
privileges, or benefits of City employees.
12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be
required to comply with the rules of conduct established by the Provider, the SPPD
and/or the Unified Command. In the event that a conflict exists between the Provider's
rules of conduct and the SPPD's rules of conduct and the Unified Command has not
otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The
Coordinator or his designee shall refer disciplinary matters involving LPOs to the
Provider for an investigation. Based on the judgment of the Coordinator or his designee,
if a particular matter represents probable cause for the issuance of a criminal complaint,
the matter shall be referred directly to an extemallaw enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
13 SUBCONTRACTING.
Both the City and the Provider agree not to enter into any subcontracts for any of the
work contemplated under this Agreement without obtaining prior written approval of the
other party.
14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES
14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and
those of its officials, employees, representatives and agents in carrying out the terms of
this Agreement and the results thereof to the extent authorized by law and shall not be
responsible for the acts and/or omissions of the other party and the results thereof.
Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor
shall be construed to waive any rights and benefits either party has with regard to its
status under the insurance coverage described in Section 11 of this Agreement.
14.2 It is understood and agreed that each party's liability shall be limited by the provisions of
Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other
applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be
construed to waive or amend any defense or immunity that either party, their respective
officials and employees, may have under said Chapter 466, or any common-law
immunity or limitation of liability, all of which are hereby reserved by the parties hereto.
12
11-14
15 ASSIGNMENT
The City and the Provider each binds itself and its successors, legal representatives, and
assigns of such other party, with respect to all covenants of this Agreement; and neither
the City nor the Provider will assign or transfer their interest in this Agreement without
the written consent of the other.
16 EVENTS OF DEFAULT; TERMINATION
16.1 By the City - The City may terminate this Agreement based on the occurrence of any of
the following events:
A. the cancellation of the 2008 RNC;
B. the determination made in the sole discretion of the City, that the
Security Subsidy is insufficient to reimburse all or a portion of the
costs and expenses described in Section 3 of this Agreement,
which determination must be made and disclosed to the Provider
prior to the Security Event Commencement Date;
C. the failure of the Host Committee to purchase and provide the
insurance coverage described in Section 11 of this Agreement in a
timely manner determined by the City;
D. the failure ofthe Provider to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the City or
SPPD provides Provider with notice of such default.
16.2 By the Provider" The Provider may terminate this Agreement based on the occurrence
of any of the following events:
A. without cause, prior to any Security Event Training Session[ s]
Commencement Date[s] in which any of the Provider's LPOs shall
participate;
B. the cancellation of the 2008 RNC;
C. the failure of the Host Committee to provide the Provider with
evidence in the form of a certificate of insurance naming the
Provider as a named insured in the policy of insurance coverage
described in Section 11 of this Agreement;
D. the Provider's receipt of the notice described in Section 3.2 of this
13
11-15
Agreement;
E. the failure of the City to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the Provider
provides the SPPD with notice of such default.
16.3 Both the City and the Provider shall act in good faith, to provide as much advance written
notice of an event of default in this Section 16, to the other party that is reasonable under
the circumstances.
16.4 In the event of termination, the City will only pay Provider for those services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter
until the date oftermination. Except as otherwise provided in this Section 16.4, neither
the City nor the Provider shall be entitled to the recovery of any consequential damages
or attorney fees related to an event of default hereunder.
17 GOOD FAITH DISPUTE RESOLUTION
The City and the Provider shall cooperate and use their best efforts to ensure that the
various provisions of this Agreement are fulfilled and to undertake resolution of disputes,
if any, in good faith and in an equitable and timely manner. In the event such a dispute
arising out of or relating to this Agreement or breach thereof cannot be resolved
exclusively among the parties, such dispute shall be referred to non-binding mediation
before, and as a condition precedent to, the initiation of any legal action hereof, provided
for herein. Each party agrees to participate in up to four hours of mediation. The
mediator shall be selected by the parties, or if the parties are unable to agree on a
mediator then any party can request the administrator of the Ramsey County District
Court Civil ADR Program and/or similar person, to select a person from its list of
qualified neutrals. All expenses related to the mediation shall be borne by each party,
including without limitation, the costs of any experts or legal counsel. All applicable
statutes of limitations and all defense based on the passage of time are tolled while the
mediation procedures are pending, and for a period of 30 days thereafter.
18 AMENDMENT OR CHANGES TO AGREEMENT
18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when reduced to writing and duly signed by the parties hereto, after all
appropriate and necessary authority has been acquired by each such party.
18.2 Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such
amendment, modification, or supplement. The term "this Agreement" as used herein
shall be deemed to include any future amendments, modifications, and additional
schedules made in accordance herewith.
14
11-16
19 NOTICES
Except as otherwise stated in this Agreement, all notice or demand to be given under this
Agreement shall be delivered in person or deposited in United States Certified Mail,
Return Receipt Requested. Any notices or other communications shall be addressed as
follows:
To City:
To Provider:
20 WAIVER
Any fault of a party hereto to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
21 SURVIVAL OF OBLIGATIONS
21.1 The respective obligations of the City and Provider under these terms and conditions,
which by their nature would continue beyond the termination, cancellation, or expiration
hereof, shall survive termination, cancellation or expiration hereof.
21.2 If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall
terminate. If a provision is so terminated but the parties hereto legally, commercially, and
practicably can continue this Agreement without the terminated provision, the remainder
of this Agreement shall continue in effect.
22 INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
23 FORCE MAJEURE
Neither the City nor the Provider shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control,
including, but not limited to: severe weather and storms, earthquake or other natural
occurrences, strikes and other labor unrest, power failures, electrical power surges or
current fluctuations, nuclear or other civil military emergencies, or acts of legislative,
judicial, executive, or administrative authorities.
24 ENTIRE AGREEMENT
15
11-17
It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year fIrst above written.
CITY OF SAINT PAUL
STATE/CITY/COUNTY OF
By:
Its: Mayor
By:
Its: Mayor
Date:
Date:
i\pprovaIRecorrunended:
Approval Recorrunended:
By:
Its: City Administrator
By:
Its: Chief of Police
Saint Paul Police Department
By:
Its: Director, Office of Financial Services
By:
Its: Chief of Police
By:
Its: Director, Department of Human Rights
i\pproved as to form and legality:
Approved as to form and legality:
By:
Its: Assistant City Attorney
By:
Its: City Attorney
Funding:
Activity # and i\ctivity Manager Signature
Provider's Taxpayer I.D. No.:,
*****************************************************************************
16
11-18
7L
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Mayor, Council Members, City Administrator~
Lisa Shadick, Administrative Services Director
FROM:
SUBJECT:
Liquor License Amendment - Eagles Club
DATE:
June 2, 2008
DISCUSSION
As part of the Rambling River Days Celebration, the Eagles Club would like to allow alcoholic
beverages in a tent area on June 13-15,2008 from 7:00p.m. until 12 a.m.
Pursuant to City Ordinance 3-12-14, Sale of On-Sale Liquor, any proposed enlargement, substantial
alteration which, in the city's opinion, changes the character of the establishment or extension of the
premises previously licensed shall not be allowed unless the council approves an amendment to the
liquor license.
The Eagles Club currently holds a club liquor license for 2008. They are requesting an amendment to
their license to include a temporary tent and outside fenced area on the northwest side of the Eagles
Club building. The fenced in area will be used during Rambling River Days on June 13-15,2008.
BUDGET IMPACT
A fee has not been established for the type of liquor license amendment as described above.
ACTION REQUESTED
Approve the request from the Eagles Club to amend their Club Liquor License to include a temporary
tent and fenced in area on the northwest side of the Eagles Club building.
Respectfully submitted,
~~!-,
Lisa Shadick
Administrative Services Director
12-1
May 28, 2008
Farmington City Council,
The Farmington Eagles Club is planning an outdoor event to kick-
off Rambling River Days June 13 - 15,2008.
We would like to propose alcoholic beverages allowable in this
area during scheduled times.
We will have one entrance with J.D. ch~ckers in place from 7:00
p.m. until 12 Midnight at the entrance to the tent on the northwest
side of the building. The area will be double fenced and monitored
at all times.
Our liquor liability will be in place for the entire event (see
attachment).
~~erelY,
/f/~
Marc Williams, Trustee
Farmington Eagles Club 4031
)
12-2
7n,
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO: Mayor, Council Members, City Administrator ~
FROM: Lisa Shadick, Administrative Services Director
SUBJECT: Certified Local Government Grant - Historic Preservation Survey
DATE: June 2, 2008
INTRODUCTION
The Heritage Preservation Commission (HPC) respectfully requests Council approval to begin a
historic preservation survey.
DISCUSSION
In January, a grant application was submitted to the Minnesota Historical Society by Robert Vogel, the
City's Preservation Planning Consultant, to obtain a Certified Local Government Grant on behalf of
the City of Farmington and the Heritage Preservation Commission.
The grant is for a historic preservation survey to be done of neighborhoods primarily south of the core
downtown area. The areas to be surveyed are: the Feely Farm, Ice House and Seventh Street areas as
identified in the attached Historic Preservation Planning Area map of the 2008 Comprehensive Plan.
The survey would be done from July 1, 2008 through July 31, 2009 and is intended to identify
buildings and sites worthy of historic consideration.
This type of grant is a "matching" grant and the City of Farmington has been approved for $5000.00.
The matching funds from the City that are required to match the $5000.00 grant include funds related
to staff time involved, services provided by the City's Preservation Planning Consultant and a cash
match of $1000.00.
BUDGET IMPACT
Mr. Vogel's services will be covered by the $5000.00 grant. The $1000.00 cash match will need to be
included in the 2009 budget.
ACTION REQUESTED
The Heritage Preservation Commission is requesting Council approval to begin the historic
preservation survey of the Feely Farm, Ice House and Seventh Street Preservation Planning Areas.
13-1
Respectfully submitted, "
~~/l,~ad~
Lisa Shadick
Administrative Services Director
Cc: HPC Members
Robert Vogel
13-2
Historic Preservation Planning Areas
City of Farmington
Map 10.1
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-3
t
Map current as of November 16. 2007.
Legend
c:J Historic Preservation Planning Areas
Prepared for the Farmington Community Development Department by the Dakota County Office of GIS.
71}
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers, City Administrator (j
Kevin Schorzman, P.E., City Engineer
FROM:
SUBJECT:
195th Street Bridge Agreement
DATE:
June 2, 2008
INTRODUCTION
As part of the 19Sth Street Extension Project an agreement must be made between the City of
Farmington and Soo Line Railroad Company for the bridge that will be constructed with the
19Sth Street project.
DISCUSSION
This bridge agreement is necessary in addition to the permanent easement for the roadway
Council approved at the March 17, 2008 City Council Meeting. Attached to this memo are
copies of the bridge agreement for execution by the City of Farmington.
BUDGET IMPACT
There are no costs at this time although, any costs incurred as described in the attached letter will
be funded from the project budget.
ACTION REOUESTED
Approve by motion the attached Bridge Agreement.
Respectfully Submitted,
~:/A----'
Kevin Schorzman, P .E.,
City Engineer
cc: file
14-1
AGREEMENT
TIllS AGREEMENT, made and entered into by and between the CITY OF
FARMINGTON, DAKOTA COUNTY, MINNESOTA, herein after referred to as the
"City", whose address is 325 Oak Street, Farmington, :MN 55024 and SOO LINE
RAILROAD COMPANY (d.b.a.) Canadian Pacific Railway, hereinafter referred to as the
"Company", whose address is 501 Marquette Avenue South, Minneapolis, Minnesota
55402.
WITNESSETH
WHEREAS, the City proposes to construct a highway bridge structure to carry
the new 195th Street across the right of way and track of the Company. The bridge will
be identified by State Bridge number 19561 and Bridge I.D Number 501 and located in
Section 19, Township 114 North, Range 19 West, Dakota County, Minnesota with
FRAlDOT number 696295S, at railroad mile post 328.86 on the Albert Lea Subdivision,
as shown generally by Exhibit "A", attached hereto and made a part hereof, and
WHEREAS, the parties desire the construction of the said City highway bridge
structure project to be performed in accordance with plans, specifications and special
provisions to be prepared by the City, and approved by the Company, and
WHEREAS, the project will be carried out by the parties hereto per applicable
~esota State Statutes, and in anticipation of a future transfer of the bridge and new
195 Street from the City to Dakota County. .
WHEREAS, authorization must be received from the State of Minnesota,
Commissioner of Transportation, for the establishment of the proposed highway bridge
structure.
WHEREAS, the parties hereto desire to set forth the terms and conditions for the
compliance with an anticipated Order of the Minnesota Commissioner of Transportation
authorizing the establishment of said highway bridge structure.
WHEREAS, in connection with the construction of the said City highway bridge
structure project, it may be necessary for the Company to perform certain work on its
facilities, and the Company is agreeable to performmg said work as hereinafter provided
for the convenience of the City, and
WHEREAS, the classification of this project is in accordance with the Federal-
Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 1, Paragraph
6 b (4) dated April 25, 1975, and amendments thereto, which specifies that the Company
will receive no real benefit from the construction of said highway bridge structure, and
the City is willing to undertake said project, including all roadway work and incidental
construction, with such city funds as may be available, without cost or assessment to the
Company, and
WHEREAS, the parties hereto desire to set forth the terms and conditions for the
establishment, construction, operation and maintenance of said highway bridge structure.
WHEREAS, the Company is agreeable to the execution of the City's project,
subject to the terms of this agreement and not otherwise, and
NOW THEREFORE, in consideration of the premises and the mutually
dependent covenants hereinafter contained, the parties hereto agree as follows:
1
14-2
I.
The City shall secure or cause to be secured, without cost or assessment to the
Company, all rights-of-way required for or incidental to its project, excepting that
provided herein. '
The City has negotiated with the Company for granting by separate instrument
and subject to the Company's rights therein, of a right of way easement required for the
construction and maintenance of said 195th Street bridge structure, roadway approaches
and related facilities.
II.
The City shall prepare, or cause to be prepared, and submit for Company approval
prior to construction of its li[oject all necessary plans and specifications covering
construction of the new 195 Street bridge structure, roadway approaches thereto,
drainage, temporary works, and all work incidental thereto generally in the area of the
Company's right-of-way and facilities, all substantially in accordance with attached
Exhibit "B"; and upon Company approval thereof, the City shall construct its project in
accordance therewith and shall supervise and furnish engineering and inspection for all
work performed hereunder.
The City will require in any contract let covering the construction of said 195th
Street bridge structure, as contemplated by this agreement, that all work to be done by the
City's contractor on the Company right of way shall be performed in accordance with
the provisions of "1708 RAILROAD HIGHWAY PROVISIONS" Minnesota
Department of Transportation's "Standard Specifications for Highway Construction"
dated 2005, as amended, except that the contractor shall make its own arrangements and
secure all necessary permits to haul materials or equipment across the tracks of the
Company, over private crossings or for storage of materials or equipment on the
property. These arrangements will be made directly with the Union Pacific Railroad
Company, the rail line operator over this segment of Company property.
III.
No change shall be made on any approved plan or specification by either party
hereto without the prior written consent of the other party insofar as the same relates to
the Company's facilities or operations.
N.
The parties hereto shall perform or cause to be performed, in accordance with
detailed plans and specifications approved by the Company, the following items of work:
A Work by the City: The City or its contractor or contractors shall furnish or
cause to be furnished without cost or assessment to the Company all labor,
material, work equipment and tools and perform all work: necessary to
construct and com.elete, substantially in accordance with the general plans
shown by Exhibit 'B" attached and in accordance with detailed plans and
specifications tiPrepared by the City and aRProved by the Company, the
proposed 195 Street bndge structure, including but not limited to the
following items of work:
1. The preparation of the highway bridge plans and specifications.
2. The construction of the new highway bridge structure over the right of
way and track of the Company.
2
14-3
3. The construction of the roadway and utility improvements adjacent to said
highway bridge structure including traffic control, grading, paving,
drainage and utility work.
4. The completion of the entire highway bridge structure and project of the
City affecting the Company, including incidental work thereto and all
work which is not herein specifically provided to be done by the
Company.
5. Furnish the Company a set of reproductions drawings of the final
approved bridge structure plans.
B. Work by the Company: The Company shall furnish or cause to be furnished
at the entire expense of the City, all engineering, labor, materials, work
equipment and tools, and perform all work temporary or permanent, which in
its judgment may become necessary or expedient because of the City's project,
with the understanding that the terms, stipulations and conditions as contained
in the United States Department of Transportation, Federal Highway
Administration Federal-Aid Highway Program Manual, will apply regardless
of whether Federal funds will actually be used on said project, which work
shall include without limitation, the following:
1. None
The Company shall furnish flagging and watchman protection, as provided in
Section V. hereof, to protect railroad traffic and operations. Upon billing therefore, the
City shall reimburse the Company at the rate of $500 per 8 hour day or pro rated portion
thereof for its services under this paragraph..
Requests for protective services (flagging) shall be submitted through the Union
Pacific Railroad, which is currently operating on the Company track. Requests shall be
submitted a minimum of24 hours in advance and be directed to:
Mr. Nick LoOOs, Director of Track Maintenance
206 Eaton Street
St. Paul, MN 55107
Phone: (651) 552-3939
V.
All work herein provided to be done by the City or its contractor or contractors on
the right-of-way or upon, over, under, and across the railroad tracks of the Company shall
be done in a manner satisfactory to the Company and shall be performed at such time and
in such manner as not to interfere unnecessarily with the movement of trains or traffic
upon the tracks of the Company. The City shall require its contractor or contractors to use
all care and precaution necessary to avoid accident, damage or interference to the
Company's tracks or to the trains or traffic using its tracks, and to notify the Company a
sufficient time in advance whenever the contractor is about to perform work adjacent to
the tracks to enable the Company to arrange for or furnish flagging and such other
protective service as might be necessary to insure safety of railroad operations, and the
Company shall have the right to furnish all such flagging or protective service as in its
judgment is necessary, and the City shall reimburse the Company for the cost thereof as
specified in paragraph IV above. Wherever safeguarding of trains or traffic of the
Company is mentioned in this agreement, it is intended to cover all users of the
Company's track having permission for such use.
3
14-4
The City shall require its contractor or contractors, upon completion of the work,
to remove all machinery, equipment, temporary buildings, false work, debris, and rubbish
from the Company's right-of-way, to provide proper drainage away from the Company's
tracks, and to leave the Company's tracks and right-of-way in a neat condition,
satisfactory to the Company's Vice President Engineering Service or his authorized
representative.
VI.
The City shall indemnify and hold harmless the Company and any other railroad
occupying or using the Company's right-of-way or lines of railroad with permission of
the Company for any liability, claims, judgment, costs and expenses (including
reasonable attorneys' and witnesses' fees) for any injury to or death of any person
(including the employees of the parties) or loss of or damage to any property (including
that of the parties) arising out of or connected with the acts or omissions of the City or its
contractors or subcontractors connected with this agreement. The City shall, in its
contracts with its contractors and subcontractors, require a similar indemnity to the
Company to be made by the contractors or subcontractors. The City shall further provide
that the contractor shall furnish to the Company a Railroad Protective Liability Insurance
policy providing for protection to the Company, in accordance with the Federal Highway
Administration Federal-Aid Highway Program Manual Vol. 6, Ch. 6, Sec. 2, Subsec. 2,
dated April 25, 1975 and amendments thereto. The limits of such policies shall be not
less than $2,000,000.00 combined single limit per occurrence, with an aggregate of
$6,000,000.00 during the policy period. Said insurance shall be executed by a corporation
qualified to write the same in the State of Minnesota and shall be delivered to and
approved by the Company prior to the entry upon or use of its property as to
commencement of work upon, over, under and across or adjacent to the tracks of the
Company by any contractor.
Said insurance shall include "Coverage C -Physical Damage to Property" (Ref.
No. GL00300383) and must include the following language: "To pay for direct and
accidental loss or damage to Railroad tracks, roadbeds, catenaries, signals, bridges,
buildings, rolling stock and its contents, mechanical construction equipment or motive
power equipment, hereinafter called loss, arising out of acts or omissions at the
designated job site which are related to, or are in connection with, work described in the
declarations; provided such property is owned by the named insured or is leased or
entrusted to the named insured under a lease or trust agreement."
VIT.
Subsequent to the award of any contract, and before any work is started on this
highway bridge structure and project, a conference shall be held between the
representatives ofthe City, the Company, and the interested contractor at a time and place
designated by the City, for the purpose of coordinating the work to be performed by the
several parties, and at such time a schedule of operations shall be adopted.
Vill.
The City shall promptly, upon receipt of a bill or bills therefore, reimburse the
Company for its actual and direct costs and related indirect costs incurred in performing
the work and furnishing the labor, materials, work, equipment, and tools agreed to be
performed or furnished by the Company in Section N hereof. Reimbursement of the
Company by the City shall be in accordance with guidelines established by Vol. 1, Ch. 4,
Sec. 4 of the United States Department of Transportation, Federal Highway
Administration, Federal-Aid Highway Program Manual.
4
14-5
The Company, with its own forces and under its own labor agreements, shall
perform the work provided to be done by it in Section N .B. hereof. The Company shall
furnish all materials for work to be performed by it from its store stock or by purchase
from others in accordance with the provisions of said FHPM regardless of whether
Federal funds will actually be used on said project.
lX.
The Company shall keep an accurate and detailed account of the actual cost and
expense as incurred by it, or for its account, in the performance of the work it herein
agrees to perform.
The Company, for performance of its work as outlined in Section N .B hereof,
may bill the City monthly for the costs and expenses it has incurred. These progressive
invoices may be rendered on the basis ofan estimated percentage of the work completed.
The Company shall credit the City for the salvage value of all track, communication and
signal line materials used on a temporary basis during the construction of the project, and
accepted by the Company for return to its stock. Such salvage value is to be computed in
accordance with the regulations set forth in said Federal-Aid Highway Program Manual.
The City shall be afforded a reasonable opportunity to inspect materials recovered
by the Company prior to disposal by sale or scrap. The Company shall give written
notice, or oral notice with prompt written confIrmation, to the City of the time and place
where such materials will be available for inspection.
The Company, upon the completion of its work, shall render to the City a detailed
statement of the actual cost and expense as incurred by it or for its account. After the City
representatives have checked the progressive Invoices and the fmal statement, and they
have agreed with the Company's representatives that the costs are reasonable and proper,
insofar as they are able to ascertain, the City shall promptly reimburse the Company for
ninety-five (95) percent of the amount as agreed upon.
After the City representatives have audited the expenses as incurred by the
Company, including such items of expense as may have been suspended from any
previous payment, the City shall reimburse the Company for the retained percentages and
the suspended items of expense, less the deduction of any item (or items) of expense
found by the City representatives as not being eligible for City reimbursement. If the
total of the item ( or items) of expense as may be found by the City representatives as not
being eligible for City reimbursement exceeds the retained percentage plus any items of
expense which may have been suspended, then the Company shall promptly reimburse
the City for the overpayment.
x.
Upon completion of its project, the City, at its expense, shall thereafter furnish or
cause to be furnished all the labor, materials and work equipment necessary for use in
performing the proper maintenance of the facilities and structures, the construction of
which is provided for in Section N.A, and insofar as the same affects the safety of
railroad operations, subject to the approval of the Vice President Engineering Service of
the Company.
14-6
5
XI.
The City agrees that in the event any undesirable drainage or other conditions
develop on the Company's right-of-way because of the City's project or ofits subsequent
existence or operation, upon receipt of written notice from the Company, it shall
promptly remedy or eliminate such undesirable conditions, and that upon failure to do so
within a reasonable time, the Company may perform the necessary work at the expense
of the City and the City agrees that it will promptly, upon receipt of a bill or bills
therefore, reimburse the Company for the expense Incurred by the Company in
remedying or eliminating the undesirable drainage or other conditions.
XII.
In the event that the City does not enter into a contract with its contractor for
construction of the project contemplated by this agreement on or before a day twelve (12)
months after the date this agreement is fully executed, then either party may, at any time
thereafter, serve notice of cancellation upon the other party, by registered mail, and this
agreement shall immediately be cancelled and terminated; provided, however, that the
Company shall be reimbursed in full by the City for all reimbursable costs incurred after
this agreement is fully executed and prior to said cancellation.
XIII.
This agreement is subject to the superior title of the Company to its property and
to all other outstanding and superior rights, if any; and the City shall not, by reason of
rights hereby granted, acquire or assert title to any of said property adverse to the title of
the Company. The Company shall have the continuing and compatible right to operate,
maintain, and repair Its facilities within the limits of said highway bridge structure and to
construct such other facilities as from time to time it may choose to, provided, however,
that the usefulness thereof and the purpose of said street shall not be impaired.
XIV.
The grants, covenants and stipulations hereof shall extend to and be binding upon
the respective successors of the parties hereto, but the City shall not assign any of its
rights hereunder without the approval of the Company and without fIrst furnishing
written notice to the Company and an acceptance by the assignee ofthe terms hereof.
xv.
Subject to the provisions of Article XIV hereof, this agreement shall be binding
upon and inure to the benefits of the successors and assigns of the respective parties
hereto.
IN WI1NESS WHEREOF, the parties have caused these presents to be executed
in three counterparts, each of which shall be considered as an original, by their proper
officers thereunto duly authorized as of the dates below indicated.
6
14-7
Executed by the City, this
day of
, 2008
CITY OF FARMlNGTON
By:
Kevan A. Soderberg, Mayor
Attest:
Peter J. Herflofsky, City Administrator
Executed by the Company, this
day of
, 2008
800 LlNE RAILROAD COMPANY
By:
Attest:
7
14-8
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~a...
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
Mayor, Councilmembers, City AdmIDistrato'(j
Kevin Schorzman, P .E., City Engineer
TO:
FROM:
SUBJECT:
Elm Street Project Assessment Hearing
DATE:
June 2, 2008
INTRODUCTION
The City Council scheduled the Elm Street Reconstruction Project assessment hearing at the
April 7, 2008 City Council meeting.
DISCUSSION
The Elm Street Reconstruction Project is substantially complete. All affected property owners
have been notified as to the date and time of this public hearing and that fmal assessments may
be adopted at this assessment hearing pursuant to M.S. 429.
BUDGET IMPACT
The total amount to be assessed would be $648,000 which equates to $603 per residential
equivalent unit (REV) for the area-wide assessment, with an additional $3,000 assessment per
REU if new sewer and water connections were made to the property. The City's portion of the
costs is being financed per previous communications.
ACTION REOUESTED
Adopt the attached resolution adopting the assessment roll for the Elm Street Reconstruction
Project.
Respectfully Submitted,
~;JX----
Kevin Schorzman, P.E.
City Engineer
cc: file
16-1
RESOLUTION NO. R-08
ADOPTING ASSESSMENT ROLL FOR ELM STREET
RECONSTRUCTION PROJECT
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of June,
2008 at 7:00 p.m.
Members present:
Members absent:
Member introduced and Member seconded the following resolution:
WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard
and passed upon all objections to the proposed assessments for the following improvement:
Proiect
No.
06-13
DescriDtion
Location
Elm Street Reconstruction
Elm Street from Division Street to
TH"3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON,
MINNESOTA:
1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is
hereby adopted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
15 years, the first of the installments to be payable on or before the first Monday in
January, 2009 and shall bear interest at the rate of 5.75% per annum from the date of the
adoption of this assessment resolution until December 31, 2008. To each subsequent
installment when due shall be added interest for one year on the unpaid balance of
assessment.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property,
with interest accrued through December 31, 2008, to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption
of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the
entire amount of the assessment remaining unpaid, with interest accrued to December 31
of the year in which such payment is made.
16-2
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County. Such assessments shall be
collected and paid in the same manner as the other municipal taxes.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
2nd day of June, 2008.
Mayor
Attested to the
day of June, 2008.
City Administrator
SEAL
16-3
Farmington City Clerk
325 Oak St.
Farmington, MN 55024
May 19,2008
RE: Proposed assessment (Project 06-13) Elm St. Reconstruction and Utility Improvements
Parcel No.: 147700012029 (Joseph and Julie May)
We recently received a notice for assessments on our property located at 120 4th St.
Per the notice, we may object to the proposed final assessment roll as an affected property
owner.
Less than 2 years ago, major work was completed at 4th and Main. Our property is located on the
corner of 4th and Main.
In the process of the city's work there, four 15 year old trees were removed from our boulevard.
In addition to the loss of a very valuable asset to our property, the sidewalk was installed at an
upward slope, drastically increasing the slope of the boulevard area. We are diligently working
on trying to save the very small trees that were planted in replacement of the large trees that were
removed. ' We were promised that the four trees that were removed would be replaced with
sizable trees. We do not believe this was done. In addition to the small trees that were planted,
because of the slope of the boulevard and the inability of this area to hold water (not to mention
the nearly impossible task of trying to get grass to grow here), we have recently needed to install
some pavers around the trees to see if that will help save them. Again, our hope that trees will be
able to grow here is slim. We were assessed over $6000 for the work the city completed near
our home.
This home was built in 1910. We do our best to maintain this home and provide affordable
housing to residents of Farmington. We cannot increase our rents enough to cover the taxes plus
the current assessment. We feel we lost value in our home due to the poor grading work of the
sidewalk/boulevard area, in addition to the loss of four very beautiful trees that provided much
needed shade.
Now, on top ofthe current assessment we had placed on our property of over $6000, you are
again going to assess our property for over $600. We believe this to be grossly unfair and puts
extreme undue financial hardship on us.
Sincerely,
ct- .. 0 AA
~~~ . .'1.
oseph May . ...
Julie May
'"l,.
16-4
9' a...
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Mayor, Council members, City Administrato
FROM:
Robin Roland, Finance Director
SUBJECT:
2007 Comprehensive Annual Financial Report
DATE:
June 2, 2008
INTRODUCTION
The independent audit of the December 31, 2007 financial records is complete and the Comprehensive
Annual Financial Report has been prepared. The City's auditors, Kern DeWenter Viere (KDV) have
issued their opinion on that report. In addition, they have issued a Management Report for the City of
Farmington for year-end 2007. Both documents will be presented.
DISCUSSION
The City's General Fund final audited numbers for 12/31/07 indicate an increase to the fund balance of
$621,533; bringing the fund balance total to $2,139,686. As noted in the auditor's management letter,
this represents 25% of the 2007 annual expenditures of the City's General Fund with a preferred fund
balance target of 35% to 40% of annual expenditures.
In 2007, actual General Fund revenues exceeded budgeted revenues by $444,512 and actual
expenditures were $134,380 less than budgeted, resulting in the increase of the fund balance by 41 %.
Further information and graphical representation will be presented at the meeting. Matt Mayer of
KDV will be at the meeting for the presentation.
ACTION REQUESTED
Accept the 12/31/07 Comprehensive Annual Financial Report.
/&;??l
Robin Roland
Finance Director
17-1
96
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.fannington.mn.us.
TO:
Mayor, City Council Members
City Administrator@ . .
Tony Wippler, Assistant City Planner ~
Adopt Resolution - Approving Fairhill Park Final Plat as well as the Master PUD
Agreement for the Fairhill project.
FROM:
SUBJECT:
DATE:
June 2, 2008
INTRODUCTION
Attached to this memorandum for your review and approval are the proposed Fairhill Park Final
Plat as well as the Master PUD Agreement for the project known as Fairhill.
DISCUSSION
Fairhill Park Final Plat
The James Michael Seed Trust has submitted the Fairhill Park Final Plat (Exhibit A) for a
portion of the property generally located north of Mystic Meadows and west of Trunk Highway
3 in the northeast comer of the City of Farmington. The fmal plat consists of 97.53 acres of the
entire 965 acres of the Fairhill property and contains five outlots (A-E), one hundred fifty (150)
feet of right-of-way for 195th Street, seventy (70) feet of right-of-way for Deerbrooke Path, as
well as 0.25 acres of Trunk Highway 3.
If you will recall, the preliminary plat for the initial phase of Fairhill was approved by the City
Council on April 21, 2008 with the following contingencies:
1. Provide an outlot for the community park area located in the southwest comer of the
Fairhill development.
2. Provide an outlot for that portion of Diamond Path Road that extends north from 195th
Street through the community park to the point of intersection with the southerly
extension of 189th Street.
The approved Phase I preliminary plat consists of approximately 99 gross acres and the platting
of 241 residential lots along with numerous outlots. The remaining 865 acres of the site were
identified as outlots for future phases. Due to the current residential market conditions, the
applicant is not proposing to final plat any residential lots at this time. However, because of the
need to start construction on the 195th Street project this year the final plat that has been
18-1
submitted by the developer consists largely of the needed right-of-way for that project. The
submitted final plat as previously mentioned in this memorandum consists of the following:
1. 150 feet of right-of-way for CSAH 64 (195th Street) - approx 19.44 acres
2. 70 feet of right-of-way for Deerbrooke Path - 0.98 acres
3. 0.25 acres of Trunk Highway 3
4. Outlot A - 30.46 acres
5. Outlot B - 4.40 acres
6. Outlot C - 32.04 acres - portion of park area
7. Outlot D - 3.94 acres - Diamond Path right-of-way
8. Outlot E - 6.02 acres - portion of park area
The Planning Commission reviewed the final plat on May 13,2008 and recommended approval
of the Final Plat with a vote of 5-0 and forwarded that recommendation onto the City Council.
Master PUD Agreement
Attached for your review and approval, as Exhibit B, is a copy of the Master PUD Agreement for
the Fairhill project. This agreement is in a form that is acceptable to both City staff as well as the
developer. The request is for the City Council to approve the PUD Agreement and to authorize
the necessary signatures be affixed to the document.
ACTION REOUESTED
Approve the fmal plat for Fairhill Park as well as the Master PUD Agreement and authorize the
necessary signatures be affixed to the final plat and Master PUD Agreement.
Respectfully submitted,
--r;"'1 ~
Tony Wi'ppler, Assistant City Planner
Cc: Peter Gualtieri, Bridgeland Consulting
18-2
RESOLUTION NO. R
APPROVING FAIRHILL PARK FINAL PLAT AS WELL AS
AUTHORIZING THE SIGNING OF THE MASTER PUD
AGREEMENT FORFAIRHILL
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of June,
2008 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the fmal plat of Fairhill Park and the Master PUD Agreement for the project known
as Fairhill are now before the Council for review and approval; and
WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat and
Schematic PUD for Fairhill on February 26, 2008 after notice of the same was published in the
official newspaper of the City and proper notice sent to surrounding property owners; and
WHEREAS, The Planning Commission reviewed the fmal plat on May 13, 2008 and forwarded
a recommendation of approval to the City Council.
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly
served by municipal service; and
WHEREAS, the City Council has reviewed the fmal plat for Fairhill Park as well as the Master
PUD Agreement for the Fairhill project.
NOW, THEREFORE, BE IT RESOLVED that the fmal plat for Fairhill Park and the Master
PUD Agreement be approved and that the requisite signatures are authorized and directed to be
affixed to the fmal plat and Master PUD Agreement.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
2nd day of June, 2008.
Mayor
Attest to the _ day of June, 2008.
City Administrator
18-3
PRELIMINARY
COpy
OF
FINAL
PLAT
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CITY OF FARMINGTON
PLANNED UNIT DEVELOPMENT CONTRACT
FORFAIRHILL
THIS PLANNED UNIT DEVELOPMENT CONTRACT ("PUD CONTRACT"),
made and entered into and effective on this _ day of
, 2008, by and
among the CITY OF FARMINGTON, a Minnesota municipal corporation, hereinafter referred
to as the "CITY," and ASTRA GENSTAR PARTNERSIDP, LLP, a Minnesota limited
liability partnership, hereinafter referred to as the "DEVELOPER," and MICHAEL E.
MCMAHON AND RICHARD M.C. GLENN ill TRUSTEES UNDER TRUST AGREEMENT
DATED MARCH 19, 1976 WITH FRED M. SEED AS DONOR FOR JAMES MICHAEL SEED,
as more fully identified on the attached Exhibit H and hereinafter referred to as the "OWNER."
Subject to the terms and conditions of this PUD CONTRACT, and in reliance upon the
representations, warranties and covenants of the parties herein contained, the CITY, the OWNER
and the DEVELOPER hereby agree as follows:
ARTICLE 1.
RECITALS
1.1) The DEVELOPER has applied to the CITY for COMPREHENSIVE PLAN
AMENDMENT, preliminary plat and preliminary development plan approval of the SUBJECT
PROPERTY in accord with the PUD PLANS for the F AIRHILL DEVELOPMENT (hereafter
"F AIRHILL" or "F AIRHILL PROJECT").
130712vll
JJJ:r05/14/2008
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18-7
1.2) The DEVELOPER has applied to the CITY for a PUD zoning designation and
application of the PUD ORDINANCE to the SUBJECT PROPERTY. The SUBJECT
PROPERTY legal description is attached as Exhibit A.
1.3) In conjunction with the granting of these approvals, the CITY requires the
dedication, installation and/or availability of various streets, utilities, trails, ponds, parks, and
other facilities.
1.4) Under authority granted to it, including Minnesota Statutes, Chapters 412, 429
and 462, the COUNCIL has approved the COMP PLAN AMENDMENT PRELIMINARY
PLAT and PUD PLANS for the SUBJECT PROPERTY and is rezoning the SUBJECT
PROPERTY to the PUD ORDINANCE on condition that the DEVELOPER and OWNER enter
into this PUD CONTRACT, which contract addresses the development parameters of the COMP
PLAN AMENDMENT, the concept site plan, preliminary development plan, the
PRELIMINARY PLAT, and the other PUD PLANS and the zoning designation under the PUD
ORDINANCE for the SUBJECT PROPERTY and further defines the work which the
DEVELOPER shall undertake to complete within the boundaries of the SUBJECT PROPERTY.
1.5) The CITY adopted the final Alternative Urban Area Review ("AUAR") for the
SUBJECT PROPERTY pursuant to Minnesota Rules, Section 4410.3610 in January 2004; an
updated AUAR was accepted by the CITY on August 21,2006.
1.6) The DEVELOPER holds an ownership interest in all of the SUBJECT
PROPERTY, either by means of being the fee owner or by means of being a contract vendee, or
pursuant to a purchase agreement.
1.7) The OWNER of the SUBJECT PROPERTY, jointly and severally, agrees to the
regulatory controls and the restrictions on DEVELOPMENT that are imposed by this PUD
CONTRACT. The OWNER acknowledges and understands that this PUD CONTRACT
imposes restrictions and obligations on the DEVELOPMENT of the SUBJECT PROPERTY as a
whole and accepts such restrictions. Notwithstanding the foregoing, the obligations of the
DEVELOPER are not those of the OWNER, unless the OWNER engages in DEVELOPMENT.
1.8) The DEVELOPER, the OWNER and the CITY intend that the SUBJECT
PROPERTY will be developed and used as FAIRHILL in accordance with the PUD
CONTROLS.
1.9) The SUBJECT PROPERTY comprises approximately 965 acres. The SUBJECT
PROPERTY will be developed in stages or phases so that each stage or phase will be in accord
with the PUD CONTROLS including the DEVELOPMENT CONTRACT for each phase or
stage. The stages or phases will be determined by the DEVELOPER, consistent with the PUD
CONTROLS. For purposes of calculating fees for F AIRHILL, net acreage shall be determined
based on the provisions of City Code, resolutions and policies in effect at the time of application
for CITY approvals. The breakdown of the land area to determine net acreage under current City
ordinances is described on Exhibit B.
1.10) The SUBJECT PROPERTY will be final platted in phases, with the initial phase
consisting primarily of areas to be immediately dedicated to the CITY for street and park
13 0712v 11
1 8_fJJ:r05/14/2008
2
improvements (PHASE 0 or INITIAL PHASE PLAT), and with PHASE 1 platted in lots and
blocks as shown in the Preliminary Plat-Phase 1 (PP 01) for approximately 242 lots, and the
remainder in outlots. By mutual agreement the parties may deviate from the projected phasing
plan. The remaining outlots will be later submitted in phases for PRELIMINARY and PINAL
PLAT approval into lots and blocks. When PHASES or portions or combination of PHASES are
ready for development, consideration will be given to the PINAL PLAT and PINAL PLAT
PLANS for those particular portions in accordance with the PUD CONTROLS. Nothing
contained in this PUD CONTRACT is deemed a FINAL PLAT approval for any of the PHASES
at this time. Notwithstanding that FINAL PLAT approval will be staged commensurate with the
timing of the DEVELOPMENT of the individual PHASES, the parties understand and agree that
by this PUD CONTRACT, the CITY is granting a PUD zoning designation pursuant to the PUD
ORDINANCE for the SUBJECT PROPERTY and is approving certain PUD PLANS referenced
herein. The parties acknowledge and agree that the PUD PLANS will have to be supplemented
and refined and FINAL PLAT PLANS prepared to receive CITY approval before any
DEVELOPMENT can occur on particular PHASES. The parties understand, agree, and intend
that the PINAL PLAT PLANS shall be controlled by the PUD PLAN, including the PUD
CONTROLS.
1.11) The DEVELOPER, CITY and OWNER agree to comply with the PUD
CONTROLS for a period of twenty (20) years. Subject to performance by the DEVELOPER
and OWNER, the CITY will allow DEVELOPMENT on the SUBJECT PROPERTY in accord
with the PUD CONTROLS, and any amendments thereto mutually agreed to by the parties.
ARTICLE 2.
PUD ZONING
2.1) PUD ORDINANCE - FINDINGS. The COUNCIL fmds that the SUBJECT
PROPERTY should be and is hereby rezoned pursuant to the PUD ORDINANCE. The
COUNCIL finds that such rezoning accomplishes the following:
(a) Provides the means for greater creativity and flexibility and environmental design
than is provided for under the strict application of the existing zoning code while at the
same time preserving the health, safety, order, convenience, prosperity and general
welfare of the CITY and its inhabitants;
(b) Functions as a catalyst in assisting resolution of transportation issues by
facilitating the preservation of four-lane right-of-way and initiating construction of a two-
lane extension of 195th Street, with a bridge, connecting the west side of the CITY to TH
3 and by the DEVELOPER'S reserving right-of-way for the possible future construction
of Diamond Path through the SUBJECT PROPERTY, all pursuant to long-term
transportation policies and plans of the City and County;
(c) Functions as a catalyst in assisting resolution of park facility issues by preserving
42 acres in the southwest corner of the SUBJECT PROPERTY for CITY construction of
youth ball fields, while also reserving adjacent property for potential CITY purchase;
130712vll
JJJ:r05/14/2008
3
18-9
(d) Encourages a creative and efficient approach to the use of land by concentrating
the majority of development on upland areas east of North Creek and the railroad tracks
and away from wetlands, steep slopes and adjacent open space;
(e) Encourages the preservation and enhancement of desirable land characteristics
and open space especially through the retention and enhancement of wetlands, woodlands
and open space adjacent to North Creek, a tributary to the Vermillion River, through the
protection of steep slopes, and by the construction of approximately five miles of public
trails connecting to existing CITY trails;
(f) Mixes lifecycle housing and a neighborhood commercial area, with active and
passive public and private parks, connected by a substantial network of public trails, all
surrounding a passive public park in the middle of the SUBJECT PROPERTY; and
(g) Encourages an integrated development pattern and a harmony with the land use,
density, transportation facilities and community objectives of the COMP PLAN.
2.2) DEVELOPMENT AND LAND USE. The land use of the SUBJECT
PROPERTY shall be in accord with the COMP PLAN AMENDMENT, PUD ORDINANCE and
PUD PLANS. Unless the COUNCIL by separate action approves otherwise, no
DEVELOPMENT or use shall occur on any PHASE, until the PRELIMINARY or PINAL PLAT
PLANS for that PHASE have been approved by the COUNCIL. PRELIMINARY or FINAL
PLAT PLANS reasonably consistent with the COMP PLAN AMENDMENT and PUD PLANS
will be approved by the COUNCIL. The list ofPUD PLANS are attached as Exhibit C and
incorporated herein by reference.
2.3) DENSITY. The PUD PLANS for each PHASE may reflect different densities,
provided overall density for the SUBJECT PROPERTY shall be in accord with the COMP
PLAN AMENDMENT and PUD ORDINANCE. Specific land area densities will be as set forth
in the attached Exhibit D.
2.4) RESTRICTIVE COVENANTS. Prior to the FINAL PLAT approval for any
PHASE or combination of PHASES, the DEVELOPER shall submit model deed restrictions,
covenants, agreements, bylaws and a proposed homeowner's association or other documents or
contracts controlling the use and maintenance of the land within the particular PHASE. These
documents shall be subject to the review of the CITY Attorney. The documents shall provide for
(i) architectural design and exterior materials guidelines; (ii) maintenance of the private park and
other private facilities by the association; (iii) maintenance of private streets, trees and
landscaping in center islands, medians, and boulevard areas on public or private streets and
common areas, and other designated areas. The documents shall also insure the continued
maintenance of private facilities and common areas, ifany, within each PHASE by the
DEVELOPER or the established homeowners association and shall be recorded with the FINAL
PLAT. The Developer shall maintain and display in a prominent location at any model home or
sales office within F AIRHILL the deed restrictions, covenants, agreements, bylaws and
homeowners association or other documents or contracts controlling the use and maintenance of
the land within the particular PHASE.
130712vll
1 8-Jf.{}'05/14/2008
4
2.5) CHANGE OF ZONING. The SUBJECT PROPERTY is intended to be
developed as an overall integrated, unified, and planned unit development pursuant to the COMP
PLAN AMENDMENT and PUD CONTROLS. Subject to Article 5 of this PUD CONTRACT,
no change in zoning shall affect the SUBJECT PROPERTY during the term of the PUD
CONTRACT unless agreed to by the parties.
PUD PLANS
2.6) APPROVAL OF PUD PLANS. The CITY hereby approves the PUD PLANS.
2.7) PUD PLANS CONTROL DEVELOPMENT. DEVELOPMENT on the
SUBJECT PROPERTY shall conform to the PUD PLANS and FINAL PLAT PLANS. Design
standards for single family and multi-family dwellings are shown on Exhibit E. These design
standards confirm minimum lot types with development requirements.
2.8) PUD CONTROLS. The DEVELOPER and CITY agree to comply with the PUD
CONTROLS and amendments thereto. Subject to performance by the OWNER and
DEVELOPER, the CITY agrees to allow DEVELOPMENT on the SUBJECT PROPERTY in
accord with the PUD CONTROLS and PUD PLANS, and amendments thereto.
ARTICLE 3.
PRELIMINARY AND FINAL PLAT. PHASE 1
3.1) DURATION OF PRELIMINARY PLAT APPROVAL. Notwithstanding any
other law, regulation or ordinance to the contrary, approval of a preliminary plat for the Initial
Phase or Phase 0 and Phase 1 shall be valid for five years, and approval of a preliminary plat for
a subsequent phase or stage shall be valid for two years from the date of approval.
3.2) APPROVAL OF PHASE 1 PRELIMINARY PLAT.Subject to the terms and
conditions of this PUD CONTRACT and subject to conformance with the other PUD PLANS,
the CITY hereby approves the PRELIMINARY PLAT with respect to PHASE 0 or the INITIAL
PHASE, consisting of the road and park areas.. The PINAL PLAT for PHASE 1 shall be
submitted for CITY review and approval at the discretion of the DEVELOPER and shall
conform to the requirements of the PUD CONTROLS. Notwithstanding the current design of
the PRELIMINARY PLAT, the DEVELOPER may submit a PINAL PLAT for the INITIAL
PHASE encompassing solely the right-of-way for the extension of 195th Street and construction
of the roundabout at TH 3, and other street, park and stormwater retention areas.
3.3) FINAL PLAT. PHASE 1 RECORDING. The PINAL PLAT for the INITIAL
PHASE shall be recorded within 60 days or in the alternative within five years if the OWNER
has conveyed or otherwise dedicated for public purposes, including right-of-way, public utilities
or public parks or trails that portion of the FINAL PLAT for the INITIAL PHASE depicted as
such, retaining for development purposes in Outlots that portion not dedicated for public
purposes.
130712vll
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5
18-11
ARTICLE 4.
RELATIONSHIP OF PUD PLANS TO FINAL PLAT PLANS AND FINAL PLATS
4.1) PHASING. Final platting of the SUBJECT PROPERTY shall occur in PHASES.
4.2) FINAL PLATS. Grading and installation of public utilities on the entire
SUBJECT PROPERTY may be permitted, at the DEVELOPER'S risk, upon approval of the
PRELIMINARY PLAT, subject to review and approval by the CITY Engineer of final grading
and utility plans, and at the discretion of the CITY Engineer. No other DEVELOPMENT will
occur on any PHASE until the COUNCIL approves the FINAL PLAT for that PHASE and the
PINAL PLAT is recorded with the COUNTY. The DEVELOPER and OWNER shall record the
FINAL PLAT for each PHASE within six months after signature on the PINAL PLAT by all
signatories required by Minnesota law. The DEVELOPMENT CONTRACT for each such
PHASE shall also be executed after PRELIMINARY PLAT approval and before FINAL PLAT
approval.
4.3) RELATIONSHIP OF PUD PLANS TO FINAL PLAT. The COUNCIL shall
approve FINAL PLAT PLANS, including the DEVELOPMENT CONTRACT for each PHASE,
that conform to the PUD CONTRACT and PUD PLANS.
4.4) INCONSISTENCY AMONG PUD CONTROLS. To the extent an inconsistency
or conflict exists among the PUD CONTROLS, the following documents in descending order
shall govern:
(a) FINAL PLAT PLANS
(b) PUD CONTRACT
(c) PUD PLANS
(d) PUD ORDINANCE
(e) ZONING ORDINANCE
(f) SUBDIVISION ORDINANCE.
ARTICLE 5.
RELATIONSHIP OF PUD CONTRACT TO SUBJECT PROPERTY
5.1) RELATIONSHIP OP PUD CONTRACT TO SUBJECT PROPERTY. This PUD
CONTRACT applies to and runs with the SUBJECT PROPERTY. This PUD CONTRACT
does not apply to real property outside of the SUBJECT PROPERTY.
5.2) CHANGE OF ORDINANCES. The COUNCIL finds that the F AIRHILL
PROJECT is a planned and staged development within the meaning of Minn. Stat. ~ 462.358,
130712v11
1 8-.1f-0'05/14/2008
6
subd.3(c). Pursuant to Minn. Stat. ~ 462.358, subd. 3(c), the CITY agrees that if the following
conditions are being met:
(a) DEVELOPER is not in material DEFAULT under this PUD CONTRACT;
(b) DEVELOPER has either a fee title interest, optionee, or a contract purchaser -
vendee interest in the PHASE;
then for twenty (20) years from the date of this PUD CONTRACT with respect to the SUBJECT
PROPERTY, the CITY will not, without th~ consent of the DEVELOPER, apply any changes to
the City Code provisions with respect to the following:
(a) permitted, conditional and accessory uses;
(b) development density;
(c) lot size;
(d) lot layout, coverage, depth or width;
(e) building setbacks;
(f) street, other right-of-way, or utility dedication requirements;
(g) park dedication requirements or fees in lieu thereof; or
(h) platting requirements, including the timing of phases or stages
If the DEVELOPER requests a change to the PUD CONTROLS for a specific PHASE
and the CITY grants the change, then the above restrictions do not apply for that PHASE.
Except as provided above, fees for each PHASE shall be calculated using the City fee ordinance
in effect at the time of approval for that PHASE.
After the last day of the twentieth (20) year from the date of execution of this PUD
CONTRACT, the CITY may, with notice as required by law to the DEVELOPER or OWNER,
change the PUD ORDINANCE and other platting and zoning provisions with respect to the
above matters and this PUD CONTRACT shall automatically terminate.
5.3) CHANGE OP PUD CONTRACT AND DEVELOPMENT CONTRACT. The
CITY and the DEVELOPER of any respective PHASE may mutually agree to change this PUD
CONTRACT and the DEVELOPMENT CONTRACT for a particular PHASE.
ARTICLE 6.
STREETS
6.1) DEDICATION OF STREETS. The Roadway Typology Plan (PUD08, 09) shows
the street system within the SUBJECT PROPERTY that will serve the PAIRHILL PROJECT.
130712v11
JJJ:r05/14/2008
7
18-13
All such streets shall be dedicated to the CITY upon the recording of the FINAL PLAT for each
PHASE.
(a) 195th Street Construction: The DEVELOPER shall dedicate 150 foot right-of-
way for 1 95th Street with the FINAL PLAT for the INITIAL PHASE (pHASE
0). The City will construct the INITIAL 195th STREET IMPROVEMENTS and
specially assess the DEVELOPER'S share of costs relating to the construction as
discussed below in Section 6.8.
Notwithstanding its dedication, the DEVELOPER, at its own cost and risk ofloss,
shall be allowed to plant temporary landscaping materials in the right-of-way for
the future phase of 195th Street, upon review and approval ofthe landscaping
pIan by the CITY. All maintenance costs relating to such temporary landscape
plantings shall be borne by the DEVELOPER and it shall retain full ownership
and control of such plantings. The CITY will use its best efforts to include
suitable fill from the SUBJECT PROPERTY in the bid specifications for
INITIAL 195th STREET IMPROVEMENTS.
The DEVELOPER and CITY will consult regarding the schedule relating to
195th Street construction. The City will oversee such construction to ensure
timely completion.
The DEVELOPER will dedicate right-of-way for the extension of Deerbrooke
Path and public trails from Mystic Meadows to the intersection with 195th Street
as part of the PINAL PLAT for the INITIAL PHASE (PHASE 0), and CITY will
construct and pay for the extension of Deerbrooke Path and public trails as part of
the construction of 195th Street. .
(b) Diamond Path: The DEVELOPER will not be required to_dedicate right of way
for the extension of Diamond Path, north of its connection to the extension of
195th Street as part of the PINAL PLAT for the INITIAL PHASE (PHASE 0). A
potential right-of-way corridor has been identified on the COMP PLAN
AMENDMENT and PUD PLANS. Ifbuilt, the DEVELOPER will not contribute
to the cost of construction of Diamond Path, either directly or through special
assessment unless a specific PHASE proposes the access to be constructed or the
improvement can be assessed based on benefit provided under M.S. ~ 429.081.
(c) TH 3: The DEVELOPER will dedicate right-of-way for turn lanes on TH 3.
Access control for TH 3 will be provided with the FINAL PLAT for each
PHASE, tied to approval of access to the SUBJECT PROPERTY from TH 3.
The CITY will cooperate with the DEVELOPER to secure access to the
SUBJECT PROPERTY as shown on the PUD PLANS. The DEVELOPER shall
contribute Three Hundred Ten Thousand and 00/100 Dollars ($310,000) for
construction of the Hwy 3 Roundabouts, to be paid at the time of final plat
approval for the Initial Phase (Phase 0).
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6.2) PLANS. Street layout and right-of-way widths shall conform to the Roadway
Typology Plans.
6.3) TESTING. Prior to FINAL PLAT approval for any particular PHASE, the
DEVELOPER shall provide such soil borings, final road designs, typical pavement sections and
grading quantities for the roadway serving abutting or connecting to the PHASE as may
reasonably be required by the CITY Engineer.
6.4) GRADING STREETS. The DEVELOPER shall grade all public streets,
boulevards, and driveways within each PHASE to CITY approved grades and cross-sections in
accordance with the PUD PLANS and DEVELOPMENT CONTRACT for such PHASE.
6.5) STREET SIGNS. The DEVELOPER shall be financially responsible for the
installation of street identification signs and non-mechanical and non-electrical traffic control
signs within the SUBJECT PROPERTY consistent with standard City engineering detail plates
for all public streets and as proposed by the DEVELOPER and approved by the CITY for all
private streets.
6.6) BOULEVARD AND AREA RESTORATION. With respect to streets within
each PHASE, the DEVELOPER shall lay cultured sod in the boulevards as required by the
DEVELOPMENT CONTRACT for the PHASE.
6.7) SUBDIVISION MONUMENTS. At the time of FINAL PLAT, the
DEVELOPER, at its own expense, shall install all subdivision or plat monuments required by
law or reasonably required by the CITY, including but not limited to lot monuments and buffer
signs.
6.8) CONSTRUCTION. TIMING AND FINANCIAL ASSURANCE. The
DEVELOPER shall, at its expense, commence and complete construction of the streets within
each PHASE by the schedule in the DEVELOPMENT CONTRACT for such PHASE. The
CITY shall make every reasonable effort to begin construction of the INITIAL 195TH STREET
IMPROVEMENTS by July 2008 to ensure that the DEVELOPER has access to the SUBJECT
PROPERTY, and to substantially complete the construction not later than November 1,2010.
The CITY shall assess no more than five million six hundred and four thousand dollars
($5,604,000) of the costs of constructing the bridge and fIrst two lanes of 195th Street on the
SUBJECT PROPERTY. The Developer has paid $304,512.26 for preliminary engineering on
the 195th Street project. Such costs to include excavation of roadbed and drainage areas, as well
as installation of utilities, drainage, trails and roadway surface improvements, all as detailed in
the Feasibility Study for 195th Street dated January 17,2006. The CITY will issue 15 year
general obligation improvement bonds pursuant to Minnesota Statutes, Chapter 429 to fmance
the INITIAL 195TH STREET IMPROVEMENTS. The CITY currently estimates that the
INITIAL 195TH STREET IMPROVEMENTS will cost $ 12,175,000. The CITY will, in
conjunction with Dakota County pursuant to the JOINT POWERS AGREEMENT, pay 16% of
the cost of the INITIAL 195TH STREET IMPROVEMENTS, Dakota County will pay 37%, and
the City will specially assess 47% of the costs ofthe INITIAL 195TH STREET
IMPROVEMENTS against the SUBJECT PROPERTY. The special assessments to be levied as
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described below will be payable in installments over a term of 10.5 years with interest at a rate
equal to the rate the CITY is obligated to pay the general obligation improvement bonds
referenced in this Section 6.8, plus 5 basis points. Payment of special assessments from the
DEVELOPER will be deferred, with no interest accrual until the COUNTY completes payment
of its cost share relating to the INITIAL 195TH STREET IMPROVEMENTS, estimated to be 4.5
years. Thereafter, the DEVELOPER shall be obligated to make payments on a per-lot basis over
10.5 years. The DEVELOPER will not be required to post a letter of credit or any other type of
security for the costs relating to the construction of the INITIAL 195TH STREET
IMPROVEMENTS.
The DEVELOPER hereby consents to an assessment by the CITY in an amount not to
exceed $5,604,000 (or such lesser final amount determined by the CITY'S Finance Director)
against the SUBJECT PROPERTY (to be allocated among lots and outlots in the FINAL PLAT),
pursuant to Minnesota Statutes Chapter 429 and waives any and all procedural and substantive
objections to a special assessment in that amount, including, but not limited to, notice and
hearing requirements, claims that the SUBJECT PROPERTY, or any part thereof, does not
receive a benefit from the INITIAL 195TH STREET IMPROVEMENTS, claims that the
assessment is not uniform upon the same classes of property and claims that the amount of the
special assessment allocated to any lot or outlot exceeds the benefit to such lot or outlot.
DEVELOPER also waives any appeal rights otherwise available pursuant to Minnesota Statutes,
Section 429.081 and any rights available under the CITY Ordinances. The consents and waivers
set forth in this Section 6.8 run with title to the SUBJECT PROPERTY and are binding on the
DEVELOPER and its successors and assigns. The CITY does not intend to levy the special
assessment until the FINAL PLAT is approved. Until the CITY levies the special assessment,
the special assessment constitutes a pending special assessment. Once the CITY levies the
special assessment, DEVELOPER must pay the installments of special assessment certified for
payment with annual real estate taxes when and as they become due, but not until the COUNTY
completes payment of its cost share as described above. Upon the recording of the FINAL
PLAT the pending special assessment described in this Section 6.8 will be allocated among the
lots and outlots as determined by the CITY'S Finance Director. Ifthe cost of the INITIAL 195TH
STREET IMPROVEMENTS is greater than anticipated, the CITY reserves the right to levy an
assessment in a greater amount or levy supplemental assessments pursuant to Minnesota
Statutes, Section 429.071, but the DEVELOPER has not, in any way, consented or agreed to an
assessment in an amount greater than $ 5,604,000 or to supplemental assessments or waived any
appeal rights with respect to an assessment in an amount greater than $5,604,000 or to
supplemental assessments.
The CITY will not assess the DEVELOPER or any successor developer of any of the
subsequent phases any of the costs relating to the 195TH STREET IMPROVEMENTS, other than
those specified herein regarding the INITIAL 195TH STREET IMPROVEMENTS. The City
may assess successors and assigns for the construction of subsequent improvements to 195tli
Street consistent with state law and city policies.
Under Minnesota Statutes, Chapter 429, the CITY may cause the amounts assessed
against the SUBJECT PROPERTY to be payable in a single installment or in equal annual
installments extending over a period not to exceed 30 years. The CITY will make the special
assessment described in this Section 6.8 payable in annual installments extending over the 10.5
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years in consideration for this PUD CONTRACT to pay the entire, uncertified balance of the
assessment levied pursuant to this Section 6.8 against any lot or outlot (whether such lot or outlot
is created in the PINAL PLAT or is created as a result of a subsequent subdivision of all or a
portion of a lot or outlot created in the FINAL PLAT or subsequent plat for a PHASE) upon the
sale or other transfer (including, but not limited to, the conveyance of equitable ownership
pursuant to a contract for deed) ofthat lot or outlot. If the DEVELOPER conveys or otherwise
transfers ownership of a lot or outlot subject to the assessment described in this Section 6.8
before the CITY levies the assessment, the DEVELOPER must escrow the portion of the
pending special assessment attributable to that lot or outlot with the CITY or with a title
insurance company reasonably acceptable to the CITY to provide for the payment of the special
assessment attributable to that lot or outlot when the CITY levies the special assessment, and the
purchaser must, in the escrow agreement, acknowledge and agree that it is subject to and bound
by the consents and waivers described in this Section 6.8. If the DEVELOPER elects to escrow
the funds with a title insurance company, the CITY must be a party to the escrow agreement.
6.9) SEAL COATING. The DEVELOPER will deposit funds for seal coating of
dedicated streets with each PHASE consistent with the CITY policy in effect at the time of the
FINAL PLAT for that PHASE.
ARTICLE 7.
UTILITIES
7.1) INSTALLATION OF UTILITIES WITHIN THE PHASE. The DEVELOPER
shall be responsible for installation and construction of sewer and water lateral lines and services
within each PHASE to serve the DEVELOPMENT therein. The DEVELOPER may sell, convey
or otherwise assign its rights to a third party for a phase or stage, with approval of the CITY,
provided such third party assumes responsibility in writing for the obligations in this section and
other conditions ofthe CITY.
7.2) STANDARDS. The sewer and water lateral and service utilities shall be
constructed by the DEVELOPER within each PHASE according to the standards in the PUD
PLANS and as approved by the CITY Engineer.
7.3) TIMING. The utilities shall be completed by the dates established in the
applicable DEVELOPMENT CONTRACT for each PHASE.
7.4) FINANCIAL ASSURANCE. The DEVELOPER shall post the financial
assurance required by the DEVELOPMENT CONTRACT for each PHASE, not to exceed 125%
of the estimated cost of the improvements within each PHASE as determined between the City
Engineer and DEVELOPER.
7.5) TRUNK SANITARY SEWER AND WATERMAIN. DEVELOPERshall
cooperate with the CITY in the planning, design and construction of trunk sanitary sewer lines
and watermains with sufficient capacity to receive all sanitary sewer flow from the entire
DEVELOPMENT, and to provide sufficient water supplies to the entire DEVELOPMENT, plus
additional capacity to service other areas of the CITY.
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(a) The CITY shall, consistent with City fee ordinances in effect at the time of
FINAL PLAT of each PHASE, impose a trunk water main fee but will credit the
DEVELOPER that portion of the cost of construction of trunk sanitary sewer and
watermains attributable to the capacity exceeding that necessary to serve the
DEVELOPMENT. Since the DEVELOPER is constructing all trunk facilities
necessary to serve the entire DEVELOPMENT. no trunk sanitary sewer fee nor
City Sewer Availability Charge (SAC) will be imposed against the SUBJECT
PROPERTY. All fees and charges by the Metropolitan Council Environmental
Services or other state agency will be charged.
ARTICLE 8.
STORM SEWER
8.1) STORM SEWER PLAN. DEVELOPMENT on the SUBJECT PROPERTY shall
conform with the DRAINAGE PLAN and UTILITY PLAN as approved by the CITY Engineer.
8.2) TIMING. The storm sewer improvements shall be constructed by the dates
established in the applicable DEVELOPMENT CONTRACT. Dedication of storm sewer
improvements will occur at the same time as CITY acceptance of public street and utility
improvements. Subsequent to dedication, maintenance of storm sewer improvements shall be
the responsibility ofthe CITY.
8.3) RESPONSIBILITY FOR CONSTRUCTION. The DEVELOPER is responsible,
at its own expense, for construction of the on-site storm sewer improvements. Financial
assurance shall be posted as required by the DEVELOPMENT CONTRACT for each PHASE.
The DEVELOPER may sell, conveyor otherwise assign its rights to a third party for a phase or
stage, with approval of the CITY, provided such third party assumes responsibility in writing for
the obligations in this section.
8.4) SURFACE WATER MANAGEMENT FEE. Based on the cost of actual
improvements made within the SUBJECT PROPERTY, including DEVELOPER's voluntary
fmancial contribution of $100,000 to the stream re-meandering project within the SUBJECT
PROPERTY, the CITY shall provide a credit against or waive surface water management fees to
the DEVELOPER for the construction of storm sewer improvements within the SUBJECT
PROPERTY. No additional surface water management fee will be imposed against the
SUBJECT PROPERTY. CITY shall assess the $100,000 amount against the SUBJECT
PROPERTY without interest and DEVELOPER shall pay a proportional amount of the
assessment based on gross acreage at the time if final approval of subsequent PHASES.
ARTICLE 9.
GRADING - DRAINAGE
9.1) GRADING AND DRAINAGE PLAN. DEVELOPMENT on the SUBJECT
PROPERTY shall conform with the GRADING PLAN approved by the CITY Engineer.
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9.2) TIMING. The grading improvements shall be commenced and completed by the
dates established in the applicable DEVELOPMENT CONTRACT.
9.3) RESPONSIBILITY FOR CONSTRUCTION. The DEVELOPER is responsible,
at its own expense, for construction of the on-site grading and drainage improvements. Financial
assurance shall be posted as required by the DEVELOPMENT CONTRACT for each PHASE.
The DEVELOPER shall receive a credit from the CITY for grading and drainage improvements
which are required by the CITY to accommodate drainage from outside the SUBJECT
PROPERTY. The DEVELOPER may sell, conveyor otherwise assign its rights to a third party
for a PHASE with approval of the CITY, provided such third party assumes responsibility in
writing for the obligations in this section and other conditions required by the CITY.
9.4) PREPARATION OF FINAL GRADING PLANS. Prior to FINAL PLAT
approval for any PHASE, the DEVELOPER shall submit overall detailed grading plans and a
narrative which addresses how grading for utility, road and individual PHASE DEVELOPMENT
will occur. These detailed grading plans, once approved, shall form a part of the PINAL PLAT
PLANS. Included in the plans and text shall be an overall erosion control plan which addresses
erosion control and protection of surface water quality. There shall be no permits issued for
grading of any portion of a PHASE until the detailed grading plans which include erosion control
for the area to be graded have been reviewed and approved by the CITY Engineer. The
DEVELOPER may obtain building permits for its model village units based upon installation of
Class 5 road materials, lot specific erosion control and measures for protecting surface water
quality, fire protection. and water service to the requested model units. Models may not be sold
or occupied until full water, sewer and other utilities are provided to the models and road and
other improvements are constructed as required in the DEVELOPMENT AGREEMENT for that
PHASE.
ARTICLE 10.
WETLANDS
10.1) WETLAND. DEVELOPMENT on the SUBJECT PROPERTY shall conform
with the WETLAND ACT and any state or federal wetland fill permits which have been issued
at the time of DEVELOPMENT. All wetland and buffer areas shall be included in oUtlots
dedicated to the CITY.
10.2) TIMING. The improvements, mitigation, replacement and construction relating
to wetlands for each PHASE shall be completed by the dates established in the respective
DEVELOPMENT CONTRACT and the approved wetland fill permits.
10.3) RESPONSIBILITY FOR CONSTRUCTION. The DEVELOPER is responsible,
at its own expense, for all costs of compliance with the WETLAND ACT within each PHASE,
and for placing city required monumentation and signage marking wetlands and buffer areas.
The CITY shall be responsible for the cost of wetland compliance relating to the proposed CITY
community park, 195th Street project, and any CITY-initiated changes to the PUD PLANS.
10.4) COMPLIANCE WITH WETLAND PERMITS. The DEVELOPER and the
CITY shall each be responsible for the conditions imposed on it pursuant to the wetland fill
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permits issued by the U.S. Army Corps of Engineers and the CITY pursuant to Minnesota
Statutes, Chapters 103 A through 103G.
ARTICLE 11.
PARKS
11.1 ) PARK DEDICA nON - CONTRIBUTION REOUIREMENT. The parties agree
that the public park dedication requirement for the P AIRHILL PROJECT shall be satisfied by
the DEVELOPER in the form of: (1) a land dedication in the amount of 84 acres designated on
Exhibit F to be dedicated without any use restriction, and (2) by dedicated easement for
approximately 6 acres of public trails to be dedicated at the time of FINAL PLAT for that
PHASE encompassing the proposed public trail. See Park Dedication Table at Exhibit G. The
Developer will dedicate without restriction the 42 acres in the Southwest Corner of the
DEVELOPMENT as shown on the PUD PLANS at the time of FINAL PLAT for the INITIAL
PHASE (PHASE 0).
In addition to its dedication of land for public parks and public trails, the DEVELOPER
is including private parks in the DEVELOPMENT. Such private parks will be the responsibility
of the Homeowners Association created by the DEVELOPER. All financial responsibility for
development, construction, maintenance or operation of such private park areas will be borne
exclusively by DEVELOPER or the Homeowners Association. The DEVELOPER shall clearly
mark by appropriate signage approved by the CITY park and facilities which shall be designed to
clearly differentiate between public and private areas and facilities.
(a) CITY Community Park: At the time of FINAL PLAT for PHASE I, the
DEVELOPER will dedicate 42 acres to the CITY in the southwest corner of the
SUBJECT PROPERTY for use as a public park. The dedication shall be made as
an outlot of PHASE I without any use restriction, and shall include the identified
right of way alignment for Diamond Path as a separate outlot. The CITY, in
consultation with DEVELOPER, will establish a schedule for development of
park facilities in the community park. The CITY will be responsible for
development and maintenance of the community park property and will not allow
such property to become unsightly from a lack of normal maintenance. The
DEVELOPER will withhold development of approximately 16.35 acres directly
east of the proposed CITY community park for not more than (2) years for
possible purchase of such property by the CITY.
(b) CITY Central Park: The DEVELOPER will dedicate 50 acres, of which 38 acres
is upland, to the CITY in the center ofthe SUBJECT PROPERTY for use as a
public park.
(c) CITY Neighborhood Parks: The DEVELOPER will dedicate land for two (2)
public neighborhood parks totaling 5 acres, as reflected in the Neighborhood and
Open Space Framework (PUD-04).
(d) The DEVELOPER will grade and seed the public park areas. The DEVELOPER
will receive credit from the CITY against city park development fees for any
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construction of physical improvements to the public parks and trails within the
SUBJECT PROPERTY.
11.2) MANNER OF CONVEYANCE. The public park conveyances shall be by
warranty deed or dedication on a PINAL PLAT, subject to PERMITTED ENCUMBRANCES.
11.3) TIMING AND TYPE OP PARK IMPROVEMENTS. The CITY and
DEVELOPER shall consult regarding the types and timing of the improvements for each public
and private park.
11.4) PARK GRADING. The DEVELOPER shall rough grade and seed the public
park areas.
11.5) PARK PEES. The DEVELOPER will not be charged park development fees for
public park improvements within the SUBJECT PROPERTY in lieu of the Developer
constructing the identified Park and Trail Improvements in the PUD plans and purchasing and
installing the identified park facilities and trails for the public park areas and landscaping within
the public park areas. A schedule of all park improvements will be prepared which may be
modified by mutual agreement of the parties at the time of final plat for that phase.
ARTICLE 12.
TRAILS
12.1) TRAIL PLAN. To the extent a trail is shown on the plans for a given PHASE,
then DEVELOPMENT in a particular PHASE shall conform to the approved systems of trails
and the PINAL PLAT PLAN for that PHASE. The DEVELOPER shall not be charged its park
dedication fees for land dedicated for use as public trails consistent with CITY policies in place
at the time of dedication.
12.2) CONSTRUCTION RESPONSIBILITY AND TIMING. The DEVELOPER shall
construct the trails within or abutting each applicable PHASE by the dates established in the
DEVELOPMENT CONTRACT.
12.3) CONVEYANCE OF TRAILS. All trails shall be located within outlots, public
easements or public right-of-way, and shall be dedicated at the time of FINAL PLAT for the
respective phase recording. All trails within the SUBJECT PROPERTY are open to the public
and shall be clearly marked for that purpose by signage acceptable to the CITY.
12.4) RESPONSIBILITY FOR CONSTRUCTION. Except to the extent otherwise
provided, the DEVELOPER is responsible for construction costs of all the trails as shown on the
Open Space and Amenities Plan (PUD-07). The City will be responsible for the costs of
constructing the trails noted as City Responsibility on the Open Space and Amenities Plan.
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ARTICLE 13.
PUBLIC IMPROVEMENTS
13.1) APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or
engineer preparing plans and specifications selected by the DEVELOPER to design, construct or
install any PUBLIC IMPROVEMENTS must fIrst be approved by the CITY Engineer.
13.2) CONSTRUCTION. Except for work relating to construction of 195th Street, the
DEVELOPER shall cause its contractors to furnish the CITY Engineer with a written schedule of
proposed operations, subcontractors and material suppliers for all PUBLIC IMPROVEMENTS
prior to commencement of construction work on such PUBLIC IMPROVEMENTS.
13.3) INSPECTION. The CITY Engineer or its designated representative, shall
periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or
agents as authorized by CITY ordinances. The CITY Engineer and the DEVELOPER will
coordinate inspections to minimize duplication but the CITY reserves its rights to access the
SUBJECT PROPERTY at any time to conduct inspections to determine compliance with this
PUD CONTRACT or a DEVELOPMENT CONTRACT for a particular PHASE.
13.4) FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The
DEVELOPER shall faithfully comply with all terms of any and all contracts entered into by the
DEVELOPER for the installation and construction of the PUBLIC IMPROVEMENTS.
13.5) CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the
CITY within thirty (30) days once the PUBLIC IMPROVEMENTS have been completed. The
CITY shall then inspect the PUBLIC IMPROVEMENTS and notify the DEVELOPER of any
PUBLIC IMPROVEMENTS that do not conform to the approved PUD PLANS. Upon
compliance with this PUD CONTRACT and PUD PLANS, and acceptance by the CITY,
PUBLIC IMPROVEMENTS shall become the property of the CITY. If the PUBLIC
IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of
the need for repair or replacement. If the DEVELOPER fails to complete the required rep'air or
replacement without just cause as verified by the CITY, the CITY may proceed under Article 17.
13.6) RAILROAD PERMITS. The City will apply for and obtain permits from the
railroad company necessary for constructing public improvements under railroad right-of-way.
ARTICLE 14.
RESPONSIBILITY FOR COSTS
14.1) PHASE IMPROVEMENT COSTS. Unless otherwise provided in this PUD
CONTRACT or a DEVELOPMENT CONTRACT for a PHASE, the DEVELOPER shall pay
for the PHASE IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills,
tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims
for the same; and the CITY shall be under no obligation to pay the contractor or any
subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have
approved the contract or subcontract.
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14.2) COSTS. The DEVELOPER shall reimburse the CITY for its reasonable costs
incurred by it in conjunction with the F AIRHILL PROJECT including without limitation, costs
relating to the preparation, administration, and enforcement of this PUD CONTRACT and the
DEVELOPMENT CONTRACTS for each PHASE, including reasonable engineering....
inspection. and attorneys' fees. The CITY and DEVELOPER will establish a schedule for cost-
sharing for the signalman stationed at rail crossings during construction.
14.3) GIS FEES. The DEVELOPER will pay GIS fees at the time of FINAL PLAT of
each PHASE in accordance with the CITY fee schedule in effect at the time of approval.
14.4) TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY for
which DEVELOPER is responsible within forty-five (45) days after receipt of detailed billing.
The bills shall itemize the person doing the work, the services rendered, the date rendered, the
time involved and the applicable charge rate for the services. Bills not paid, without just cause
as verified by the CITY, within forty-five (45) days shall accrue interest at the rate of five
percent (5%) per year.
ARTICLE 15.
INDEMNIFICATION OF CITY
15.1) INDEMNIFICATION OF CITY. Subject to Section 15.4, DEVELOPER shall
and does hereby indemnify, defend and hold the CITY, its COUNCIL and employees harmless
against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs,
expenses, liabilities and damages, including interest, penalties and attorneys' fees, including
without limitation any litigation which may be commenced by any party, that the CITY incurs or
suffers, which arise out of, result from, or relate to any of the following:
(a) Failure by the DEVELOPER or OWNER to observe or perform any covenant,
condition, obligation or agreement on their part, either jointly or severally, to be
observed or performed under this PUD CONTRACT;
(b) Failure by the DEVELOPER or OWNER to pay contractors, subcontractors,
laborers, or materialmen retained by either of them;
(c) Failure by the DEVELOPER or OWNER to pay for materials ordered by either of
them;
(d) Approval by the CITY of the PUD PLANS, the FINAL PLAT PLANS and other
PUD CONTROLS;
(e) Approval by the CITY of any FINAL PLAT;
(f) Failure by the DEVELOPER to obtain the necessary permits and authorizations to
construct the PHASE IMPROVEMENTS;
(g) Construction of the PHASE IMPROVEMENTS; and
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(h) All costs and liabilities arising because building permits were issued prior to the
completion and acceptance ofthe PHASE IMPROVEMENTS or because there
were delays in completion of the PHASE IMPROVEMENTS caused by the
DEVELOPER, the OWNER, their contractors, subcontractors, materialmen,
employees, agents or third parties.
15.2) NOTICE. Within a reasonable period of time after the CITY's receipt of actual
notice of any matter giving rise to a right of payment against the CITY pursuant to Section 15.1,
the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The
DEVELOPER shall not be obligated to make any payment to the CITY for any such claim until
the passage of ninety (90) days from the date of its receipt of FORMAL NOTICE from the
CITY, during which time the DEVELOPER shall have the right to cure or remedy the event
leading to such claim.
15.3) DEFENSE OF CLAIM. With respect to claims or demands asserted against the
CITY by a third party of the nature covered by Sections 15.1 and 15.2 above, and provided that
the CITY gives FORMAL NOTICE thereof, the DEVELOPER in its discretion may, at its sole
expense, provide for the defense thereof with counsel of its own selection but approved by the
CITY; the DEVELOPER will pay all costs and expenses including reasonable attorneys' fees
incurred in so defending against such claims, provided that the CITY shall at all times also have
the right to fully participate in the defense. If the DEVELOPER fails to defend, the CITY shall
have the right, but not the obligation, to undertake the defense of, and to compromise or settle the
claim or other matter, for the account of and at the risk of the DEVELOPER. All reasonable
attorneys' fees incurred by the CITY related to such defense shall be paid for by the
DEVELOPER.
15.4) CITY VIOLATION OR NEGLIGENCE. This Article 16 shall not apply to costs
incurred or suffered which relate to, result from, are attributable to or are caused by the CITY's
violation of applicable law or the CITY'S reckless or negligent acts, or changes ordered by the
CITY as to the PUBLIC IMPROVEMENTS.
ARTICLE 16.
REMEDIES UPON DEFAULT
16.1) CITY REMEDIES. Except as set forth in Section 16.5, if a DEFAULT occurs,
that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL
NOTICE of the DEFAULT and the DEVELOPER shall have thirty (30) working days to appear
before the COUNCIL to discuss the DEFAULT. If the DEVELOPER, after FORMAL NOTICE
to it by the CITY, does not cure the DEF AUL T within thirty (30) working days after the
COUNCIL appearance, then the CITY may avail itself of any remedy afforded by law and any of
the following cumulative, non-exclusive remedies.
(a) the CITY may specifically enforce this PUD CONTRACT;
(b) the CITY may suspend any work, improvement or obligation to be performed by
the CITY only with respect to the PHASE affected by the DEFAULT;
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(c) the CITY may collect on any bond, irrevocable letter of credit or cash deposit or
other security applicable only to the PHASE affected by the DEF AUL T;
(d) the CITY may deny building and occupancy permits for buildings only on the
PHASE affected by the DEF AUL T;
(e) the CITY may deny or withhold FINAL PLAT approval to the extent that the
DEF AUL T relates to the FINAL PLAT then pending before the CITY;
(f) the CITY may, at its sole option, perform the work or improvements to be
performed by the DEVELOPER, in which case the DEVELOPER shall within
sixty (60) days after written billing by the CITY reimburse the CITY for any
reasonably necessary costs and expenses incurred by the CITY to cure the
DEF AUL T. In the alternative, the CITY may in whole or in part, specially assess
any of the costs and expenses incurred by the CITY; and the DEVELOPER and
OWNER hereby waive any and all procedural and substantive objections to the
installation and construction of the work and improvements and the special
assessments resulting therefrom, including but not limited to notice and hearing
requirements and any claim that the special assessments exceed benefit. With
respect to such special assessments arising only under this subsection, the
DEVELOPER and OWNER hereby waive any appeal rights otherwise available
pursuant to Minn. Stat. ~ 429.081.
16.2) DEVELOPER REMEDIES. Except as set forth in Section 16.5, if a DEFAULT
occurs, that is not caused by FORCE MAJEURE, the DEVELOPER shall give the CITY
FORMAL NOTICE of the DEFAULT and the CITY shall have thirty (30) working days to
discuss the DEFAULT with the DEVELOPER. If the CITY, after FORMAL NOTICE to it by
the DEVELOPER, does not cure the DEFAULT within thirty (30) working days thereafter, then
the DEVELOPER may avail itself of any remedy afforded by law and any of the following
cumulative, non-exclusive remedies.
(a) the DEVELOPER may specifically enforce this PUD CONTRACT;
(b) the DEVELOPER may suspend any work, improvement or obligation to be
performed by the DEVELOPER only with respect to the PHASE affected by the
DEFAULT;
(c) the DEVELOPER may, at its sole option, perform the work or improvements to
be performed by the CITY, in which case the CITY shall within sixty (60) days
after written billing by the DEVELOPER reimburse the DEVELOPER for any
reasonably necessary costs and expenses incurred by the DEVELOPER to cure
the DEFAULT.
16.3) PUD CONTRACT TERMINATION DEFAULTS. DEFAULTS by the
DEVELOPER which have not been remedied shall permit the CITY to terminate the PUD
CONTRACT and repeal the PUD ORDINANCE after following the procedures set forth in
Section 16.1 above:
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(a) Failure by the DEVELOPER to commence DEVELOPMENT of PHASE 1 within
the time frame established in Section 3.1 above.
(b) Defaults by the CITY which have not been remedied shall permit the
DEVELOPER to terminate the PUD CONTRACT and rescind its dedication
obligations through legal or equitable remedies, as necessary. CITY failure to
substantially complete construction of 195th Street with the bridge by November
1, 2010 shall be a material breach.
16.4) NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. If any agreement
contained in this PUD CONTRACT is breached by the DEVELOPER or OWNER and thereafter
waived in writing by the CITY, such waiver shall be limited to the particular breach so waived
and shall not be deemed to waive any other concurrent, previous or subsequent breaches
hereunder. All waivers by the CITY must be in writing to be effective.
16.5) NO REMEDY EXCLUSIVE. Except as provided in Section 16.2, no remedy
herein conferred upon or reserved to either party shall be exclusive of any other available remedy
or remedies available to the parties under Minnesota law, but each and every such remedy shall
be cumulative and shall be in addition to every other remedy given under the PUD CONTRACT
or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise
any right or power accruing upon any DEF AUL T shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. In order to exercise any remedy reserved herein,
it shall be necessary to give notice as provided in Section 16.1 or 16.2.
16.6) EMERGENCY. If DEVELOPER'S DEFAULT creates an imminent threat to
life, safety, or health of the public, the CITY, without affirmative duty to do so, may proceed
immediately to cure the DEF AUL T and thereafter proceed pursuant to the provisions of Section
16.1.
16.7) DISPUTES. If the CITY and DEVELOPER are in dispute as to whether either is
in default of the terms of this PUD CONTRACT, then the party who prevails in the dispute shall
be entitled to reimbursement from the other for all costs and expenses incurred by the prevailing
party related to the dispute.
ARTICLE 17.
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
17.1) ADDITIONAL IMPROVEMENTS. If the DEVELOPER requests the CITY to
construct the PUBLIC IMPROVEMENTS and reimburses the CITY for its costs associated with
preparation of a feasibility study and other costs for plans and specifications therefore, the CITY
may install and construct the PUBLIC IMPROVEMENTS. In such case, the CITY, at its option,
may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429,
provided that the DEVELOPER first had the opportunity to review the plans and specifications
and the bids and determine whether it wishes the CITY to proceed with the contract before bid
award. If the DEVELOPER requests the CITY not to proceed, the CITY shall not award the bid
for public construction of the PUBLIC IMPROVEMENTS. If the CITY proceeds to install the
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PUBLIC IMPROVEMENTS pursuant to this Section 17.1 and assesses the cost of any portion
thereof, then pursuant to M.S. ~ 462.3531 the OWNER and DEVELOPER by separate document
shall waive any and all procedural and substantive objections to the installation of the
improvements and the special assessments, including, but not limited to, notice and hearing
requirements and any claim that the special assessments exceed the benefit. In such instance, the
OWNER and DEVELOPER by separate document shall waive any appeal rights otherwise
available pursuant to Minnesota Statutes ~ 429.081 relating solely to such PUBLIC
IMPROVEMENTS, and the OWNER and DEVELOPER shall acknowledge that the benefit
from the improvements equal or exceeds the amount of the special assessments, as provided in
M.S. ~ 462.3531.
17.2) OBLIGA nON FOR PAYMENT OF SPECIAL ASSESSMENTS. In the event
requested by the DEVELOPER, the DEVELOPER hereby agrees to pay the special assessments
for the PUBLIC IMPROVEMENTS pursuant to M.S. ~ 462.3531 as and when said special
assessments become due and payable. Subject to Section 6.8 above, the foregoing does not
constitute a waiver or acquiescence by DEVELOPER to any special assessments for the cost of
any PUBLIC IMPROVEMENTS within the SUBJECT PROPERTY.
17.3) PAY-OFF OF ASSESSMENTS. Whenever the CITY issues a building permit for
a home constructed on a lot, then at such time the special assessments pending or levied against
that lot shall be paid in full, together with the accrued interest thereon. The DEVELOPER will
be released from its obligations for special assessments relating to a specific PHASE upon timely
payment of such assessments applicable to the DEVELOPMENT.
17.4) WATER TOWER. At or before the approval of PHASE I, or at such later time as
mutually agreed to, the CITY will purchase land for its proposed water tower, to be located on
the east side of the proposed central park, under terms of an agreement between it and the
DEVELOPER.
ARTICLE 18.
MISCELLANEOUS
18.1) NO THIRD PARTY RECOURSE. Third parties shall have no recourse against
the CITY, OWNER or the DEVELOPER under this PUD CONTRACT.
18.2) TIME OF THE ESSENCE. The parties agree that time is of the essence in the
successful completion of the obligations provided for in this PUD CONTRACT.
18.3) CONSENT TO AMENDMENTS. The CITY agrees that changes to the PUD
PLANS which are required based on federal or state law will not be unreasonably withheld.
18.4) VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this PUD CONTRACT is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this PUD CONTRACT.
18.5) RECORDING. The PUD CONTRACT and PUD ORDINANCE or a
memorandum summary thereof shall be recorded with the COUNTY Recorder, and the OWNER
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and DEVELOPER shall provide and execute any and all documents necessary to implement the
recording. At the request of DEVELOPER from time to time, the CITY Administrator will
provide a recordable instrument certifying the extent to which the DEVELOPER is in
compliance with the PUD CONTRACT and the PUD ORDINANCE.
18.6) ESTOPPEL CERTIFICATES. The CITY shall, at any time and from time to
time, upon not less than ten (10) days' prior notice by Developer, execute, acknowledge, and
deliver to Developer a statement in writing certifying that this Agreement is unmodified and in
full force and effect (or if there shall have been modifications that this Agreement is in full force
and effect as modified and stating the modifications) and stating whether or not (to the best
knowledge of City) Developer is in default in the performance of any covenant, agreement, or
condition contained in this Agreement and, if so, specifying each such default of which City may
have knowledge, it being intended that any such statement delivered pursuant to this section shall
be in a form approved by and may be relied upon by any prospective assignee of Developer's
interest in this Agreement or any mortgagee of the Property or any assignee of any mortgage
upon the Property.
18.7) BINDING AGREEMENT. The parties mutually recognize and agree that all
terms and conditions ofthis recordable PUD CONTRACT shall run with the SUBJECT
PROPERTY, and shall be binding upon the heirs, successors, administrators and assigns of the
OWNER and DEVELOPER.
18.8) CONTRACT ASSIGNMENT. The DEVELOPER may not assign this PUD
CONTRACT without the written permission of the COUNCIL. The DEVELOPER'S
obligations hereunder shall continue in full force and effect until completion of
IMPROVEMENTS on the last PHASE, even if the DEVELOPER sells one or more lots.
However, upon completion of its obligations pursuant to a DEVELOPMENT CONTRACT for a
PHASE, the DEVELOPER shall be relieved of its obligations hereunder for that PHASE.
18.9) AMENDMENT AND WAIVER. With respect to the PHASES, the CITY and the
OWNER and DEVELOPER for that PHASE hereto may by mutual written agreement amend
this PUD CONTRACT in any respect for that PHASE. Any party hereto may extend the time
for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this PUD CONTRACT which inaccuracies would
otherwise constitute a breach of this PUD CONTRACT, waive compliance by another with any
of the covenants contained in this PUD CONTRACT and performance of any obligations by the
other or waive the fulfillment of any condition that is precedent to the performance by the party
so waiving of any of its obligations under this PUD CONTRACT. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing. No waiver of any of
the provisions of this PUD CONTRACT shall be deemed, or shall constitute, a waiver of any
other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
18.10) GOVERNING LAW. This PUD CONTRACT shall be governed by and
construed in accordance with the laws of the State of Minnesota.
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18.11) COUNTERPARTS. This PUD CONTRACT may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall constitute one and
the same instrument.
18.12) HEADINGS. The subject headings of the paragraphs and subparagraphs of this
PUD CONTRACT are included for purposes of convenience only, and shall not affect the
construction of interpretation of any of its provisions.
18.13) ACCESS. The DEVELOPER and OWNER hereby grant to the CITY, its agents,
employees, officers, and contractors a license to enter the SUBJECT PROPERTY to perform all
work and inspections deemed appropriate by the CITY during the installation of any
improvements by the CITY.
18.14) CONVEYANCES. All conveyances to the CITY shall be by plat dedication,
easement or warranty deed, subject only to PERMITTED ENCUMBRANCES and subject to
drainage, ponding access and utility and trail easements that are necessary for the F AIRHILL
PROJECT.
18.15) OTHER PERMITS AND COOPERATION. The DEVELOPER shall obtain all
necessary approvals, permits and licenses from the CITY and the OTHER REGULATORY
AGENCIES. Major design requirements of any such entities shall be determined prior to
construction and incorporated into the FINAL PLAT PLAN. The CITY will cooperate with the
DEVELOPER regarding issues arising from construction of sanitary sewer, storm sewer and
water improvements under the railroad tracks. The CITY will cooperate with the DEVELOPER
to secure requested access from MnDOT to the SUBJECT PROPERTY and to resolve issues
relating to the TH 3 interchange.
18.16) DEFINITIONS. Certain terms used in this PUD CONTRACT are defined as
follows:
(a) 195TH STREET IMPROVEMENTS. "195TH STREET IMPROVEMENTS"
means the improvements to future Dakota County Road 64 from approximately
one mile east of County State Aid Highway 31 (pilot Knob Road) to Trunk
Highway 3 in the CITY, as specified in Dakota County Project No. 64-18.
(b) CITY. "CITY" means the City of Farmington, a Minnesota municipal
corporation.
(c) COMP PLAN. "COMP PLAN" refers to the Comprehensive Plan of the City
prepared and adopted, pursuant to Minnesota Statutes, Chapter 462.
(d) COMP PLAN AMENDMENT. "COMP PLAN AMENDMENT" means the
Comprehensive Plan amendment for the SUBJECT PROPERTY, as approved by
the COUNCIL on June 18,2006 and as amended on April 21, 2008.
(e) COUNCIL. "COUNCIL" shall mean the governing body of the CITY.
(f) COUNTY. "COUNTY" means Dakota County, Minnesota.
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(g) DEFAULT. "DEFAULT" means and includes, jointly and severally, any of the
following or any combination thereof:
(1) failure by the DEVELOPER after notice to timely pay the CITY any
money, including without limitation special assessments or CITY
invoices, required to be paid under this PUD CONTRACT;
(2) failure by the DEVELOPER after notice to construct the PHASE
IMPROVEMENTS for each PHASE according to the DEVELOPMENT
CONTRACT;
(3) failure by the DEVELOPER after notice to observe or perform any
covenant, condition, obligation or agreement on their part, either jointly or
severally, to be observed or performed under this PUD CONTRACT and
the DEVELOPMENT CONTRACT; and
(4) failure by the DEVELOPER after notice to develop the SUBJECT
PROPERTY according to the PUD CONTROLS.
(h) DEVELOPER. "DEVELOPER" means Astra Genstar LLP, a Minnesota limited
liability partnership, and the assigns and successors thereof. DEVELOPER also
means any person or entity, except the CITY, that undertakes DEVELOPMENT
of the SUBJECT PROPERTY.
(i) DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means
those improvements which DEVELOPER is obliged to construct pursuant to a
DEVELOPMENT CONTRACT or this PUD CONTRACT.
G) DEVELOPMENT. "DEVELOPMENT" means use of the SUBJECT
PROPERTY and any construction on or improvement of the SUBJECT
PROPERTY by the OWNER or DEVELOPER pursuant to the PUD
CONTRACT and PUD PLANS. DEVELOPMENT includes, but is not limited
to, grading, construction of buildings or structures and installation of PHASE
IMPROVEMENTS and DEVELOPER IMPROVEMENTS. DEVELOPMENT
also includes material alteration of the SUBJECT PROPERTY and includes tree
removal and any excavation by DEVELOPER or OWNER.
(k) DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT' means a
contract between the CITY and the DEVELOPER for each PHASE, in
accordance with the PUD CONTRACT and PUD PLANS, which contract
specifies the detailed DEVELOPMENT requirements for that PHASE, identifies
the responsibilities for installation of streets and utilities and provides fmancial
assurances for completion by DEVELOPER of the DEVELOPER
IMPROVEMENTS and the streets and utilities on or abutting the PHASE.
(1) F AIRHILL OR F AIRHILL PROJECT. "F AIRHILL" or "F AIRHILL
PROJECT" means the DEVELOPMENT ofthe SUBJECT PROPERTY in
accord with the PUD CONTROLS.
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(m) FINAL PLAT. "FINAL PLAT" means the final plat, preceded by or concurrent
with a PRELIMINARY PLAT, for each PHASE approved by the COUNCIL,
which plat shows the buildable lots on the PHASE and the public easements and
public streets and the other information necessary to record the plat.
(n) FINAL PLAT PLANS. "FINAL PLAT PLANS" means the FINAL PLAT, the
DEVELOPMENT CONTRACT, and PUD PLANS approved by the CITY
pursuant to its SUBDIVISION ORDINANCE for each PHASE that shall address
the following:
(1) grading
(2) wetlands
(3) surface water quality
(4) storm water controls, erosion controls and drainage
(5) street and lot layout
(6) parks and trails
(7) sewer and water utilities
(8) landscaping
(9) basement elevations
(10) slgnage
(11) easement for public utilities.
(0) FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but
not limited to, floods, ice storms, blizzards, tornadoes, landslides, lightning and
earthquakes (but not including reasonably anticipated weather conditions for the
geographic area); riots, insurrections, war or civil disorder affecting the
performance of work, blockades, power or other utility failures, fires or
explosions, labor strikes, terrorism, unknown soil conditions and unavailability of
commercially reasonable fmancing and availability of building materials.
(P) FORMAL NOTICE. "FORMAL NOTICE" means notices given by one party to
the other if in writing and if and when delivered or tendered either in person or
by depositing it in the United States mail in a sealed envelope, by certified mail,
return receipt requested, with postage and postal charges prepaid, addressed as
follows:
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(r)
(s)
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If to CITY:
Peter J. Herlofsky, Jr.
City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
Joel Jamnik, City Attorney
Campbell Knutson P A
1380 Corporate Center Curve
Suite 317
Eagan, MN 55121
If to OWNER:
James M. Seed, as Trustee of the Fred M. Seed Living
Trust of 1979
If to DEVELOPER: Peter Gualtieri
7662 Queenland Lane No.
Maple Grove, MN 55311
James M. Seed
50 South Main St.
Providence, RI 02903
or to such other address as the party addressed shall have previously designated
by notice given in accord with this section. Notices shall be deemed to have been
duly given on the date of service if served personally on the party to whom notice
is to be given, or on the third day after mailing if mailed as provided above,
provided, that a notice not given as above shall, if it is in writing, be deemed
given if and when actually received by a party.
(q)
GRADING PLAN. "GRADING PLAN" means that certain Grading, Drainage
and Erosion Control Plan (PUD-16, 17). Once approved by the COUNCIL, the
GRADING PLAN shall be part of the PUD PLANS, together with any additions
or changes approved by the COUNCIL pursuant to the PUD ORDINANCE.
INITIAL 19STH STREET IMPROVEMENTS. "INITIAL 195TH STREET
IMPROVEMENTS" means the first two lanes of the 195th STREET
IMPROVEMENTS as detailed in the Feasibility Study for 195th Street,
including, without limitation, excavation of roadbed and drainage areas, as well
as installation of utilities, drainage, trails, bridge and roadway surface
improvements.
JOINT POWERS AGREEMENT. "JOINT POWERS AGREEMENT" means
the Joint Powers Agreement dated December 13, 2006, by and between the
County of Dakota, Minnesota and the CITY regarding the 195TH STREET
IMPROVEMENTS.
26
(t) OPTION PROPERTY. "OPTION PROPERTY" means lands contained within
the SUBJECT PROPERTY in which the DEVELOPER has a contract interest,
whether by option, purchase agreement, or contract for deed.
(u) OTHER REGULATORY AGENCIES. "OTHER REGULATORY AGENCIES"
means and includes, jointly and severally, the following:
(1) Minnesota Department of Transportation
(2) Dakota County
(3) Dakota County Highway Department
(4) Vermillion River Watershed Joint Powers Organization
(S) State of Minnesota
(6) Minnesota Pollution Control Agency
(7) Metropolitan Council
(8) Minnesota Department of Natural Resources ("DNR")
(9) U.S. Army Corps of Engineers
(10) Minnesota Department of Health
(11) Minnesota Board of Water and Soil Resources
(12) Minnesota Environmental Quality Board
(13) any other regulatory or governmental agency or entity affected by, or
having jurisdiction over DEVELOPMENT on the SUBJECT PROPERTY.
(v) OWNER. "OWNER" means, jointly and severally, the persons and entities
identified on the attached Exhibit H, and the heirs, successors, and assigns
thereof.
(w) OWNER WARRANTIES. "OWNER WARRANTIES" means that the
OWNER, jointly and severally, hereby warrants and represents the following:
(1) Authority. OWNER has the right, power, legal capacity and authority to
enter into and perform its obligations under this PUD CONTRACT, and
no approvals or consents of any persons are necessary in connection with
the authority of OWNER to enter into and perform its obligations under
this PUD CONTRACT.
(2) No Default. OWNER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which materially
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would affect performance under this PUD CONTRACT. OWNER is not
a party to or bound by any mortgage, lien, lease, agreement, instrument,
order, judgment or decree which would prohibit the execution or
performance of this PUD CONTRACT by OWNER or prohibit any of the
transactions provided for in this PUD CONTRACT.
(3) Fee Title. OWNER owns fee title to the respective PARCELS as
included in the PUD PLANS and as shown on Exhibit A.
(x) OPEN SPACE AND AMENITIES PLAN. "OPEN SPACE AND AMENITIES
PLAN' means that certain Open Space And Amenities Plan (PUD-07) depicting
parks, trails, landscape buffers, greenways, wetlands, ponds and any additions or
changes approved by the COUNCIL pursuant to the PUD ORDINANCE and
PUD PLANS.
(y) PERMITTED ENCUMBRANCES. "PERMITTED ENCUMBRANCES" means
easements of record that do not interfere with the use intended.
(z) PERSON. "PERSON" means any individual, corporation, partnership, limited
liability company, joint venture, association, joint stock company, trust,
unincorporated organization or government or any city or political subdivision
thereof.
(aa) PHASE 0 or INITIAL PHASE. "PHASE 0" or "INITIAL PHASE" shall mean
the initial phase of the project dedicating right-of-way and public lands to the
City in conjunction with the execution of this PUD Contract.
(bb) PHASE 1. "PHASE 1" shall mean all or a portion of the SUBJECT PROPERTY
as depicted on the PRELIMINARY PLAT.
(cc) PHASE IMPROVEMENTS. "PHASE IMPROVEMENTS" are those
IMPROVEMENTS required to be installed by the DEVELOPER for a particular
PHASE of the DEVELOPMENT.
(dd) PHASES. "PHASES" means those phases or stages for development of the
SUBJECT PROPERTY.
(ee) PRELIMINARY PLAT. "PRELIMINARY PLAT" means that preliminary plat
approved by the COUNCIL on April 21, 2008, and the PRELIMINARY PLAT
for subsequent PHASES as and when approved.
(ff) PUBLIC IMPROVEMENTS. "PUBLIC IMPROVEMENTS" means those
elements of urban infrastructure, whether installed by DEVELOPER or CITY,
over which the CITY ultimately accepts ownership and maintenance
responsibility, including without limitation, streets, sanitary sewer, storm sewer,
storm water ponds, water lines, sidewalks, trails, and boulevards.
130712v11 28
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(gg) PUD CONTRACT. "PUD CONTRACT" means this contract by, between and
among the CITY, OWNER and DEVELOPER.
(hh) PUD CONTROLS. "PUD CONTROLS" means and includes, jointly and
severally, the following:
(1) PUD ORDINANCE
(2) PUD PLANS
(3) PUD CONTRACT
(4) FINAL PLAT AND FINAL PLAT PLANS
(4) ZONING ORDINANCE
(S) SUBDIVISION ORDINANCE.
(ii) PUD ORDINANCE. "PUD ORDINANCE" means Chapter _ of Title _ of
the City Code of the City of Farmington creating PUD Zoning, which ordinance
sets forth the land use restrictions and other zoning regulations relating to the
SUBJECT PROPERTY. The PUD ORDINANCE excludes any amendments,
modifications or additions made by the CITY during the term of the PUD
CONTRACT.
OJ) PUD PLANS. "PUD PLANS" means all those plans, drawings, specifications
and surveys identified on the attached Exhibit B, and hereby incorporated by
reference and made a part of this PUD CONTRACT.
(kk) SUBDIVISION ORDINANCE. "SUBDIVISION ORDINANCE" means Title
11 of the Farmington City Code, excluding any changes adopted by the CITY
during the term of the PUD CONTRACT.
(11) SUBJECT PROPERTY. "SUBJECT PROPERTY" means in the aggregate and
jointly and severally all of the PARCELS and real estate described on the
attached Exhibit A.
(mm) SUBSEQUENT PHASES. "SUBSEQUENT PHASES" means all PHASES of
the DEVELOPMENT other than PHASE 1.
(nn) TRAIL PLAN. "TRAIL PLAN" means that certain OPEN SPACE AND
AMENITIES PLAN showing the location of various trails throughout the
SUBJECT PROPERTY. When approved by the COUNCIL, it will be part of and
contained within the PUD PLANS. The TRAIL PLAN also includes additions or
changes approved by the COUNCIL pursuant to the PUD ORDINANCE.
(00) UTILITY COMPANIES. "UTILITY COMPANIES" means and includes,
jointly and severally, the following:
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(1) utility companies, including electric, gas, telephone and cable television;
and
(2) pipeline companies.
(Pp) UTILITY PLAN. "UTILITY PLAN" means that certain plan showing the major
drainage and waterway improvements to adequately move storm water away
from the SUBJECT PROPERTY.
(qq) WETLAND ACT. "WETLAND ACT' means all local, state, COUNTY, CITY,
and federal laws and regulations relating to water and wetlands, including, but
not limited to, Section 404 of the Clean Water Act (33 U.S.C. 1344), Minnesota
Statute Chapters 103A through 103G, and all regulations promulgated pursuant
thereto. WETLAND ACT also includes all additions, modifications and
regulations subsequent to that version of the WETLAND ACT which exists on
the date hereof.
(rr) ZONING ORDINANCE. "ZONING ORDINANCE" means Title 10 of the
Farmington City Code, as amended from time to time, excluding any changes
adopted by the CITY during the term of the PUD CONTRACT.
IN WITNESS WHEREOF, the parties have executed this PUD CONTRACT the day
and year first above written.
OWNER:
Michael E. McMahon and Richard M. C. Glenn III, As Trustees under Trustee Agreement dated
March 19, 1976 with Fred M. Seed, as Donor.
MICHAEL M. MCMAHON and RICHARD M.C.
GLENN III, AS TRUSTEES under Trust
Agreement dated March 19, 1976 with Fred M.
Seed, as Donor, for James Michael Seed
By:
Michael E. McMahon, As Trustee,
and not individually
By:
Richard M. C. Glenn, as Trustee,
and not individually
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STATE OF RHODE ISLAND )
( ss.
COUNTY OF PROVIDENCE )
The foregoing instrument was acknowledged before me this day of
, 20_, by Michael E. McMahon, as Trustee under Trust Agreement dated
March 19, 1976 with Fred M. Seed, as Donor, for James Michael Seed.
Notary Public
STATE OF RHODE ISLAND )
( ss.
COUNTY OF PROVIDENCE )
The foregoing instrument was acknowledged before me this day of
, 20_, by Richard M. C. Glenn as Trustee under Trust Agreement dated
March 19, 1976 with Fred M. Seed, as Donor, for James Michael Seed.
Notary Public
DEVELOPER:
ASTRA GENSTAR PARTNERSHIP, LLP
By:
Its
By:
Its
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18-37
STATE OF MINNESOTA)
( ss.
COUNTY OF DAKOTA )
On this day of ,20_, before me a Notary Public within
and for said County, personally appeared and
, to me personally known, who being each by me duly
sworn, did say that they are respectively the and
of ASTRA GENSTAR PARTNERSIDP, LLP, the
Minnesota limited liability partnership named in the foregoing instrument, and that said
instrument was signed and sealed in behalf of said corporation.
Notary Public
CITY:
By:
Kevan A. Soderberg
Its Mayor
By:
Peter J. Herlofsky, Jr.
Its City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
On this day of ,20_ before me a Notary Public within and
for said County, personally appeared Kevan A. Soderberg and Peter J. Herlofsky, to me
personally known, who being each by me duly sworn, each did say that they are respectively the
Mayor and City Administrator of the City of Farmington, the municipality named in the
foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf
of said municipality by authority of its City Council.
Notary Public
EXHmIT A
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LEGAL DESCRIPTION OF SUBJECT PROPERTY
The South One-Half ofthe Southeast One Quarter of Section 7, Township 114, Range 19,
according to the Government Survey thereof, Dakota County, Minnesota.
AND:
The Northwest One Quarter, the Northeast One Quarter, the Southeast One Quarter and the
Southwest One Quarter, all in Section 18, Township 114, Range 19, according to the
Government Survey thereof, Dakota County, Minnesota.
AND:
The Northwest One Quarter and the Northeast One Quarter of Section 19, Township 114, Range
19, according to the Government Survey thereof, Dakota County, Minnesota.
EXCEPT the following described parcels:
That part of the Northeast Quarter and the Northwest Quarter of Section 19 and the Southwest
Quarter and the Northwest Quarter of Section 18, all in Township 114, Range 19, Dakota
County, Minnesota, described as follows:
Commencing at the East Quarter Corner of said Section 19; thence North 89 degrees 59 minutes
19 seconds West, assumed bearing, along the south line of said Northeast Quarter of Section 19,
a distance of 1839.93 feet to the easterly right-of-way line of Chicago, Milwaukee & St. Paul
Railway Company and the actual point of beginning of the land to be described; thence North 89
degrees 59 minutes 19 seconds West, continuing along said south line, a distance of 107.88 feet
to the westerly right-of-way line of said Chicago, Milwaukee & St. Paul Railway Company;
thence North 22 degrees 01 minutes 41 seconds West, along said westerly right-of-way line, a
distance of2,839.35 feet to the north line of said Northwest Quarter of Section 19; thence North
89 degrees 47 minutes 56 seconds West, along said north line and continuing along said westerly
right-of-way line, a distance of 16.20 feet; thence North 22 degrees 01 minutes 41 seconds West,
continuing along said westerly right-of-way line, a distance of 1,433.45 feet to the north line of
the Southeast Quarter of said Southwest Quarter of Section 18; thence North 89 degrees 49
minutes 14 seconds West, along said north line and continuing along said westerly right-of-way
line, a distance of 16.20 feet; thence North 22 degrees 01 minutes 41 seconds West, continuing
along said westerly right-of-way line, a distance of 1,433.01 feet to the north line of said
Southwest Quarter of Section 18; thence North 89 degrees 50 minutes 32 seconds West, along
said north line and continuing along said westerly right-of-way line, a distance of 21.60 feet;
thence North 22 degrees 01 minutes 41 seconds West, continuing along said westerly right-of-
way line, a distance of 835.90 feet; thence northerly, continuing along said westerly right-of-way
line, along a tangential curve, concave to the east, having a central angle of 01 degrees 52
minutes 46 seconds, a radius of3,920.92 feet and an arc distance of 128.62 feet; thence North 69
degrees 51 minutes 05 seconds East, continuing along said westerly right-of-way line, not
tangent to said last curve, a distance of 50.00 feet; thence northerly, continuing along said
westerly right-of-way line, along a non-tangential curve, concave to the east, having a central
angle of34 degrees 11 minutes 01 seconds, a radius of2,915.51 feet and an arc distance of
130712v11
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33
18-39
1,739.43 feet, the chord of said curve bears North 03 degrees 03 minutes 25 seconds West to the
north line of said Northwest Quarter of Section 18; thence South 89 degrees 53 minutes 09
seconds East, along said north line, not tangent to said last curve, a distance of 103.14 feet to said
easterly right-of-way line of Chicago, Milwaukee & St. Paul Railway Company; thence
southerly, along said easterly right-of-way line, along a non-tangential curve, concave to the east,
having a central angle of26 degrees 56 minutes 01 seconds, a radius of2,815.51 feet and an arc
distance of 1,323.51 feet to the north line of the Southwest Quarter of said Northwest Quarter of
Section 18, the chord of said curve bears South 01 degrees 04 minutes 24 seconds West; thence
South 89 degrees 51 minutes 50 seconds East, along said north line and continuing along said
easterly right-of-way line, not tangent to said last curve, a distance of 51.24 feet; thence
southerly, continuing along said easterly right-of-way line, along a non-tangential curve, concave
to the east, having a central angle of 07 degrees 31 minutes 29 seconds, a radius of2,765.51 feet
and an arc distance of363.19 feet, the chord of said curve bears South 16 degrees 23 minutes 10
seconds East; thence southerly, continuing along said easterly right-of-way line, along a
tangential compound curve, concave to the east, having a central angle of 01 degrees 52 minutes
46 seconds, a radius of 3,720.92 feet and an arc distance of 122.06 feet; thence South 22 degrees
01 minutes 41 seconds East, continuing along said easterly right-of-way line, tangent to said last
curve, a distance of2,350.54 feet to the said north line of the Southeast Quarter of the Southwest
Quarter of Section 18; thence North 89 degrees 49 minutes 14 seconds West, along said north
line and continuing along said easterly right-of-way line, a distance of 54.01 feet; thence South
22 degrees 01 minutes 41 seconds East, continuing along said easterly right-of-way line, a
distance of 4,272.47 feet to the point of beginning.
AND:
That part of the Northeast Quarter of Section 19, Township 114, Range 19, Dakota County,
Minnesota, described as follows:
Beginning at the East Quarter Corner of said Section 19; thence North 00 degrees 02 minutes 17
seconds East, assumed bearing, along the east line of said Northeast Quarter of Section 19, a
distance of 897.00 feet to the north line of PER CINE LOTS 2ND ADDITION; thence North 89
degrees 59 minutes 19 seconds West, along said north line and its westerly extension, a distance
of 1,025.66 feet; thence South 00 degrees 02 minutes 17 seconds West, a distance of203.50 feet;
thence South 89 degrees 47 minutes 01 seconds East, a distance of 50.06 feet; thence South 00
degrees 00 minutes 41 seconds West, a distance of 53.40 feet; thence North 89 degrees 59
minutes 19 seconds West, a distance of 180.09 feet; thence South 00 degrees 02 minutes 17
seconds West, a distance of209.92 feet; thence North 89 degrees 59 minutes 19 seconds West, a
distance of 858.53 feet to the easterly right-of-way line of Chicago, Milwaukee & St. Paul
Railway Company; thence South 22 degrees 01 minutes 41 seconds East, along said easterly
right-of-way line, a distance of 463.90 feet to the south line of said Northeast Quarter of Section
19; thence South 89 degrees 59 minutes 19 seconds East, along said south line, a distance of
1,839.93 feet to the point of beginning.
130712v11
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34
EXHmIT B
FAIRIDLLDEVELOPMENTACREAGE
DEVELOPMENT DATA
Total Platted Area:
Less Highway 3 ROW
Less 195th ROW
Less RR Outlot
Less Floodplain
Less Wetlands
Total Development Acreage
130712v11
JJJ :r05/14/2008
35
965.01 acres
14.44 acres
19.69 acres
0.76 acres
132.11 acres
26.74 acres
771.27 acres
18-41
EXHIBIT C
PUD PLANS
PUD PLAN COVER SHEET (PUD-OO)
SITE CONTEXT - CULTURAL FEATURES (PUD-Ol)
NATURAL FEATURES - SLOPE ANALYSIS (PUD-02)
195TH STREET PLAN (PUD-03)
NEIGHBORHOOD AND OPEN SPACE FRAMEWORK (PUD-04)
PROPOSED COMPREHENSIVE PLAN AMENDMENT (PUD-05)
CONCEPT SITE PLAN (PUD-06)
OPEN SPACE AND AMENITIES PLAN (PUD-07)
ROADWAY TYPOLOGY (PUD-08)
ROADWAY TYPOLOGY (PUD-09)
EXISTING CONDITIONS (PUD-I0)
EXISTING CONDITIONS (PUD-ll)
CONCEPT SITE PLAN (PUD-12)
CONCEPT SITE PLAN (PUD-13)
GRADING PLAN (PUD-14)
GRADING PLAN (PUD-15)
UTILITY PLAN (PUD-16)
UTILITY PLAN (PUD-17)
COVER SHEET (P-OO)
OVERALL PLAN (PS-O 1)
EXISTING CONDITIONS - PHASE 1 (PS-02)
PRELIMINARY SITE PLAN - PHASE 1 (PS-03)
130712v11
18-J4T205/14/2008
36
PRELIMINARY SITE PLAN - PHASE 1 (PS-04)
PRELIMINARY PLAT - PHASE 1 (OVERALL) (PP-OI)
PRELIMINARY PLAT - PHASE 1 (INSET) (PP-02)
PRELIMINARY PLAT - PHASE 1 (INSET) PP-03)
PRELIMINARY GRADING PLAN - PHASE 1 (PG-Ol)
PRELIMINARY GRADING PLAN - PHASE 1 (PG-02)
PRELIMINARY GRADING DETAILS (PG-03)
PRELIMINARY STREET PROFILES - PHASE 1 (PR-Ol)
PRELIMINARY STREET PROFILES - PHASE 1 (PR-02)
PRELIMINARY UTILITY PLAN - PHASE 1 (PU-Ol)
PRELIMINARY UTILITY PLAN - PHASE 1 (PU-02)
PRELIMINARY UTILITY PLAN - PHASE 1 (PU-03)
PRELIMINARY INFO CENTER BUILDING PLAN AND HOA BLDG. PLAN (PA-Ol)
PRELIMINARY MONUMENT PLAN (PA-02)
PRELIMINARY LANDSCAPE PLAN - PHASE I (PL-Ol)
PRELIMINARY LANDSCAPE PLAN - PHASE 1 (PL-02)
130712v11
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37 .
18-43
EXHIBIT D
METROPOLITAN COUNCIL LAND USE SUMMARY
LAND USE DESIGNATION ALL LAND USES RESIDENTIAL LAND USES ONLY
(fill in .- hmd use ( Al~rt~'"" # TTnit!o1 !;Inri - ~
Mixed Use Commercial/Residential 29 80-200
Low Densitv Residential 513.2 513-1.796
1.0-3.5 units/acre
Low/Medium Densitv Residential 45 113-248
2.5-5.5 units/acre
Medium Densitv Residential 120 660-1.680
5.5-14.0 units/acre
Park/Ooen Soace 42.3 NA
Public/Semi-Public 5 NA
Ooen SoacelROW/Floodolain 210.5 NA
Total 965 1.366-3.896
130712v11
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38
130712v11
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EXHIBIT E FAIRHILL MINIMUM LOT SIZE AND DESIGN
STANDARDS
39
18-45
Desion Standards
Single Family Product (Low & Medium-Low Density)
Lot Reauirements
Lot Width (at setback) 45' 55' 65' 75'
Lot Deoth (Minimum) 110' 110' 120' 120'
Lot Sauare Footaae (Minimum) 4,950 6,050 7,800 9,000
I Setbacks
Front
Garaae 20' 20' 20' 20'
Porch 12' 12' 12' 12'
Livina Space 15' 15' 15' 15'
Site Requirements
Maximum Gross Density
Maximum Net Density
6' 6'
12' 12'
15' 15'
10' 10'
Ie Structure 50% 45%
45' 45'
3.5 du/Ac.
5.5 du/Ac.
6'
12'
6'
12'
15'
10'
15'
10'
40%
45'
35%
45'
Multi-Family Attached Product (Medium Density)
Setbacks
Front Setback 15'
Garage Setback 20'
Setback Between Buildings, Side-Side 20'
Setback Between Buildings, Rear-Rear 30'
Setback Between Buildings, Rear-Side 20'
Side Setback Low Density Adjacent Land Use 20'
Rear Setback Low Density Adjacent Land Use 30'
Setback from Gas Easement/Outlot 10'
Setback from Pond Outlot 20'
Building Requirements
Maximum Lot Coverage of All Structures 50%
Maximum Height of Structure 45'
Site Requirements
Maximum Net Density
Private Road Width (Minimum)
Private Common Drive Width (Minimum)
Required Common Parking
14.0
24' B-B
20' BB
0.5 Spaces/Unit
Commercial
Lot Requirements
Lot Width
Lot Square Footage (Minimum)
50'
5,000
Setbacks
Front Setback
Side Setback
Rear Setback
Parking
Structure from HWY. 3
Structure from C.R. 64
0'
0'
0'
10'
30'
30'
130712v11
18-41:r05/14/2008
40
EXHmIT F
FAIRHILL PARK PLAN AND OPEN SPACE
December 31, 2007
FAIRHILL PUD SUMMARY
965 Acres Site Area
391 Acres
Total Open Space
574 Acres
Developed Land
CITY PARK LAND DEDICATION REQUIREMENT
Residential Area:
732 Acres Net Developable Area (total site less wetlands, steep slopes, floodplain,
195th ROW, Highway 3 ROW, Commercial)
2.8 - 3.5 Units per net acre based on Concept Plan
82 Acres Residential Park Dedication Requirement (12%)
Commercial Area:
25.4 Acres Commercial Developable
1.27 Acres Commercial Park Dedication Requirement
App. 84 Acres Total Park Dedication Requirement
PROPOSED PARK/OPEN SPACE AREA
90 Acres Developable Land Area Identified for Public Park Dedication
42 Acres SW Community Park
37 Acres Central Park (does not include steep slopes of 11.97 acres
2 Acres North Farm Park
3 Acres The Orchards Park
6 Acres Trailway Area (approximately 5 miles outside already dedicated areas
About 173 Acres
Private park/open space/creek corridor/wetland/floodplain
263 Acres
TOTAL OPEN SPACE AND PARK AREA
130712v11
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41
18-47
EXHIBIT G
FAIRHILL - PARK DEDICATION TABLE
J anuary/8/08
Park Description Dedication Current Date of Most Recent
Area (Ac.) Dedication Dedication Initials
SW Community Park 42
Central Park 37
North Farm Park 2
The Orchards Park 3
Trail Area (outside parks) 6
Total 90
Required Park Dedication 89.1
* Any credits for dedication/donation of park area to City will be discussed at time of transaction.
130712v11
18-48"05/14/2008
42
EXHmIT H
OWNER
Michael E. McMahon and Richard M.C. Glenn III Trustees under Trust Agreement dated March
19, 1976 with Fred M. Seed as Donor for James Michael Seed
130712v11
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43
18-49
130712v11
1 8-.R05/14/2008
EXHffiIT I
PLANNED UNIT DEVELOPMENT CONTRACT
FOR FAIRHILL PROJECT
DEVELOPMENT CONTRACT FOR PLATS
MARCH _,2007
44
/O~
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111. Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers, City Adrninistrato(j"
Kevin Schorzman, P.E., City Engineer
FROM:
SUBJECT:
Award Contract - 195th Street Extension Project
DATE:
June 2, 2008
INTRODUCTIONIDISCUSSION
The City Council authorized advertisement for bids for the 195th Street Extension Project at the
April 7, 2008, City Council meeting. Bids were taken on Thursday, May 22, 2008. Ten bids
were received as shown on the bid summary below:
Lighting
Contractor Bid Alternate
Friedges Contractina Co. LLC $8,371,690.54 $314,966.50
Lunda Construction Co. $8,389,913.89 $303,945.00
Enebak Construction Co. $8,555,623.70 $302,695.00
Edward Kraemer & Sons, Inc. $9,010,920.88 $319,490.00
North Pipe Aaareaate, Inc. $9,059,525.63 $303,945.00
Ames Construction, Inc. $9,149,382.40 $377,472.50
Mathiowetz Construction Co. $9,252,849.10 $303,945.00
Frattalone Companies, Inc. $9,556,607.59 $353,506.00
Rvan Contracting, Co. $10,100,938.20 $322,852.00
C.S.McCrossan, Inc. $10,645,512.53 $342,715.50
The alternate bid for the lighting came in higher than estimated. Based on this it is
recommended that the project be awarded to Friedges Contracting Company for the base bid
amount, and the lighting alternate be re-bid as its own contract. This is similar to the Elm Street
project where the base bid was accepted, and the lighting was re-bid, and a cost savings was
realized over the original alternate bid.
BUDGET IMPACT
The low bidder on the project was Friedges Contracting Company with a base bid of
$8,371,690.54. This compares to the engineer's estimate of $10,000,000. The project will be
funded as outlined in previous communications and the agreements in place between the City,
Dakota County, and the Developer. A summary of the estimated project cost allocations based
16-1
195th Street Award
June 2, 2008
Page 2
on the low bid received for the project is shown in the following table (these numbers include
10% for contingencies and 27% for engineering, legal, and administrative costs):
Funding Total
Amount
$ 4,237,117
$ 5,401,694
$ 1,042,955
$ 1,043,050
$ 450,000
$12,174,816
(a): The developer has already paid $304,512.26 toward
preliminary engineering on the project. This amount will be
deducted from their total project obligation.
(b): $450,000 was assessed to the developer to the south to cover
costs associated with the construction of 195th Street and the
extension of Deerbrooke Path. $330,933 of this assessment
has already been collected.
Staff recommends that the lighting alternate be re-bid. Therefore, it is recommended that the
project be awarded to Friedges Contracting Company on the Base Bid Amount of $8,371,690.54.
ACTION REOUESTED
Adopt the attached resolution accepting the base bid of Friedges Contracting Company in the
amount of$8,371,690.54 and awarding the project.
~tfulIY Submitted,
Kevin Schorzman, P .E.
City Engineer
cc: file
16-2
RESOLUTION NO. R-08
AWARD BIDS FOR PROJECT NO. 06-05
195TH STREET EXTENSION TO TH-3
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of June,
2007 at 7 :00 p.m.
Members present:
Members absent:
Member introduced and Member seconded the following resolution:
WHEREAS, pursuant to an advertisement for bids for the 195th Street Extension Project, bids
were received, opened and tabulated according to law, and the following bids were received
complying with the advertisement from firms determined to be responsible and competent for the
Project:
Low
#2
#3
#4
#5
#6
#7
#8
#9
#10
; and,
I Contractor Bid Amount Alternate
Friedaes Contracting Co. LLC $8,371,690.54 $314,966.50
Lunda Construction Co. $8,389,913.89 $303,945.00
Enebak Construction Co. $8,555,623.70 $302,695.00
Edward Kraemer & Sons, Inc. $9,010,920.88 $319,490.00
North Pipe Aaaregate, Inc. $9,059,525.63 $303,945.00
Ames Construction, Inc. $9,149,382.40 $377,472.50
Mathiowetz Construction Co. $9,252,849.10 $303,945.00
Frattalone Companies, Inc. $9,556,607.59 $353,506.00
Ryan ContractinQ, Co. $10,100,938.20 $322,852.00
C.S.McCrossan, Inc. $10,645,512.53 $342,715.50
WHEREAS, the firm of Friedges Contracting Company LLC is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED that:
1. All bid alternates are rejected.
2. The base bid of Friedges Contracting Company LLC in the amount of $8,371,690.54, is
hereby accepted and awarded and the Mayor and Clerk are hereby authorized and
directed to enter into a contract therefore.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
2nd day of June 2008.
Mayor
Attested to the
day of June, 2008.
City Administrator
SEAL
16-3
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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.