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HomeMy WebLinkAbout05.21.90 Council Packet AGENDA COUNCIL MEETING REGULAR MAY 21, 1990 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. May 7, 1990 - Regular 4. CITIZENS COMMENTS 5. PUBLIC HEARING a. 7: 15 P.M. - Public Improvement - Dakota County Estates 6th Addition 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Extend Plat Filing Deadline - Pilot Pointe 7. ORDINANCES AND RESOLUTIONS a. Resolution Approving Farmington Industrial Park Developer's Agreement b. Ordinance Establishing Trail Dedication Fee c. Resolution Establishing 1990 Auction of Unused City Equipment 8. UNFINISHED BUSINESS a. 1990 Seal Coat Project b. 1990 Sidewalk Maintenance and Improvement Project c. Fairgrounds Sewer and Water - Annexation d. Extension of Municipal Services to Block 6, Town of Farmington 9. NEW BUSINESS a. Water Shut Off Policy b. 1989 Audit 10. MISCELLANEOUS a. Budget Adjustment - LGA Cuts b. Council Appointment to Economic Development Commission c. Temporary 3.2 On Sale Licenses 11. CONSENT AGENDA a. Capital Outlay Request - Administration b. Celebrate Minnesota 1990 - Approve Soo Line Agreements c. Blanket Approval to Attend LMC Annual Conference d. Approve Agreement with Delta Environmental - Phase II e. Approve Agreement with Dakota County - Household Battery Collection f. Request to Attend School/Conference - Solid Waste g. Dakota County Estates 2nd, 3rd and 4th - Developer's Agreement Extension h. Request to Attend School/Conference - Police Department i. New Firefighter Appointment j. Capital Outlay Request - Parks k. Project 89-1 - Relocation of Gas Utility 1. Project 89-1 - Change Order No. 2 m. Approve Payment of the Bills 12. ADJOURN 13. ADD ON a. Appoint City Administrator as Delegate to Appoint Commissioner to VRWMC • AGENDA REQUEST FORM ITEM NO. /261-'1 NAME: Larry Thompson DEPARTMENT: Administration DATE: May 14, 1990 MEETING DATE: May 21, 1990 CATEGORY: Ordinances and Resolutions SUBJECT: Resolution Approving Farmington Industrial Park Developer's Agreement EXPLANATION: Per discussion at April 30, 1990 special meeting. REFERENCE MATERIAL/RESPONSIBILITY: Agreement - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works/Engineering Karen Finstuen Administration Jerry Henricks EDC/HRA SIGMA DEVELOPMENT CONTRACT (Developer Installed Improvements) AGREEMENT dated the 21st day of May, 1990, by and between the City of Farmington, a Minnesota municipal corporation (City) and Farmington Housing and Redevelopment Authority (the Developer) . 1. Request for Plat Approval The Developer has asked the City to approve a plat for Farmington Industrial Park (also referred to in this Agreement as the "plat") . The land is legally described as: NE 1/4 of the NW 1/4 of Section 36, Township 114, Range 20, and the 'South 100.00 feet of the SE 1/4 of the SW 1/4 of Section 25, Township 114, Range 20, Dakota County, Minnesota 2. Conditions of Approval The City hereby approves the plat on condition (1) that the Developer enter into this Agreement, (2) that the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Development Plans The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this contract. The plans may be prepared by the Developer subject to City approval after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of the contract, the written terms shall control. The required plans are: Plan A - Plat/Staging Plan Plan B - Soil Erosion and Grading Plan Plan C - Landscape Plan 1 • Plan D - Preliminary Engineering Report Plan E - Final Plat of First Addition 4. Required Public Improvements The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Street Signs G. Street Lights H. Sidewalks I. Site Grading and Ponding J. Underground Utilities K. Setting of Lot and Block Monuments L. Surveying and Staking The improvements shall be installed in accordance with the preliminary engineering report, Plan A, and in accordance with City standards, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Waste Control Commission and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work 2 meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "As Built" plans. 5. Time of Performance The Developer shall install all required public improvements by June, 1991. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. 6. Ownership of Improvements Upon the completion of the work and construction required to be done by this Agreement, the improvements lying within public easements shall become City property without further notice or action. 7. Warranty The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. All landscaping including, but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. 3 0 8. Grading Plan The plat shall be graded and drainage provided by the Developer in accordance with Plan B. 9. Erosion Control After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be oat seed. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the Cit incurrg for such work within thirty (30) days, the City may draw down the lealeggimainociatt to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. 4 0 10. Landscaping The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. 11. Phased Development The plat shall be developed in one (1) phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. For purposes of this requirement, outlots shall not be deemed to have been final platted. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this agreement, this Development Contract constitutes approval to develop Phase number. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 12. Effect of Subdivision Approval For two years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area) , official controls, platting or dedication 5 - r S requirements enacted after the date of this Agreement and may require submission of a new plat. 13. Storm Sewer The Developer shall pay a storm sewer charge of $ 125,779.50 in lieu of the property paying a like assessment at a later date. No building permits shall be issued for any lot within the plat until the City has received the storm sewer charge per the schedule stated in Appendix A. 14. Water Area The Developer shall pay a water area charge of $ 59,636.00 in lieu of the property paying a like assessment at a later date. No building permits shall be issued for any lot within the plat until the City has received the water area charge per the schedule stated in Appendix A. 15. Park Dedication The Developer shall pay a cash contribution of $ 13,027.50 in satisfaction of the City's park dedication requirements for Phase I. The contribution shall be paid as follows: Upon execution of the agreement. Park dedication requirements for subsequent phases shall be calculated and paid based upon requirements in effect at the time Development Contracts are entered into for those phases. Upon the Developer deeding to the City of Outlot A for parkland purposes, the City will refund $4,750 plus interest earned thereon from the date said sum was deposited with the City to the date of refund. 16. License The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public 6 0 0 improvements installed pursuant to the development contract have been installed and accepted by the City. 17. Clean Up The Developer shall promptly clear from public streets and property any soil, earth or debris resulting from construction work by the Developer or its agent or assigns. 18. Security To guarantee compliance with the terms of this Agreement, payment of the costs of all public improvements in Phase I and construction of all public improvements in Phase I, the Developer shall furnish the City with a cash escrow from a bank for $ 652,000. The bank shall be subject to the approval of the City Administrator. The security shall be for a period ending June, 1991. If the required public improvements are not completed, or terms of the agreement are not satisfied, at least thirty (30) days prior to the expiration of mei 411111..." recv ( •U of , the City may draw down the let `1t. The City may draw down the Security, without prior notice, for any violation of this Agreement. The amount of the security was calculated as follows: Grading $ Monuments $ Sanitary Sewer $ St. Lights & Signs $ Water Main $ Erosion Control $ Storm Sewer $ Engr, Sury & Insp $ Streets $ Storm Sewer Charge $ Blvd. Trees $ Blvd. Sodding $ 19. Responsibility for Costs A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including, but not limited to, Soil and Water Conservation District Charges, legal planning, construction 7 t costs, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. 20. beveloper's Default In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given written notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek 8 t e a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 21. Miscellaneous A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of rough site grading and installation of erosion control devices. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or 9 t waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City to the best of its knowledge that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver to the Developer a release. 10 4 I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. 22. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Farmington Housing and Redevelopment Authority, 325 Oak Street, Farmington, Minnesota, 55024. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Farmington City Hall, 325 Oak Street, Farmington, Minnesota 55024: Attention: City Administrator. City of Farmington By: Mayor By: City Administrator Developer: By: HRA Chairperson 11 STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day, of 1990, by Eugene Kuchera, Mayor, and by Larry Thompson, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1990, by Notary Public Drafted by: Grannis, Grannis, Farrell and Knutson. PA 403 Norwest Bank Building 161 No. Concord Exchange South St. Paul, MN 55075 12 • CONSENT Farminton Housing and Redevelopment Authority, fee owners of all or part of the subject property, the development of which is governed by the foregoing development agreement, affirm and consent to the provisions thereof and agree to be bound by said provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 1990. STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1990 by . Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1990, by . Notary Public Drafted by: Gra 's, Grannis, Farrel . 'n . , - 403 No = t Bank Bui • ng 161 North • - or. xchange South St. P- . , N 55075 Ct i"-• z> 45,--, -- , f 13 i 4, APPENDIX A CITY OF FARMINGTON DEVELOPERS AGREEMENT FARMINGTON INDUSTRIAL PARK PLAT STORM SEWER AND WATER AREA CHARGES TOTAL LOT AREA: 34.51 STORM SEWER CHARGE: $125,779.50 WATER AREA CHARGE: $59,636.00 STORM SEWER WATER TOTAL LOT BLOCK AREA o AREA AREA CHARGES 1 1 2. 18 6. 317% $7,945.50 $3,767.21 $11, 712. 71 2 1 1 .66 4. 810% $6,050.25 $2,668.61 $8,918.86 3 1 1 . i 3.970% $4, 993.27 $2,367 .47 $7.360. 74 4 1 1 . 37 3.970% $4,993.27 $2,367.47 $7,360. 74 5 1 1 . 46 4.231% $5,321 . 30 $2,523.00 $7,844.30 1 2 2.54 7.360% $9,257.60 $4,389. 32 $13,646. 92 2 2.08 6.027% $7,581 .03 $3,594.40 $11.175.43 3 2 1 . 79 5. 1870 $6.524.06 $3,093.26 $9,617.32 4 2 3 .82 11 .069% $13,922.85 $6.601 .26 $20,524.12 5 2 :1. 1.8 9.215% $11 .590.23 $5,495.29 $17,085.52 1 3 -2.30 6.665% $8. 382. 67 $3,974.58 $12,357.45 2 3 4.40 12. 750% $16.036. 80 $7.603.55 $23,640.34 3 3 2.O0 5. 795% $7.289.45 $3,456. 16 $10,745.61 4 .3 2.00 5. 795% $7,289.45 $3,456.16 $10, 745.61 1 4 `2.36 6.839% $8,601 .55 $4.078. 27 $12,679.82 34.51 1uu.u0u% $125.779.50 $59,636.00 $185,415.50 p AGENDA REQUEST FORM #76 ITEM NO. NAME: James Bell DEPARTMENT: Parks and Recreation DATE: May 14, 1990 MEETING DATE: May 21, 1990 CATEGORY: Ordinances and Resolutions SUBJECT: Ordinance Establishing Trail Dedication Fee EXPLANATION: Per Council directive REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Jim Bell Parks and Recreation Charlie Tooker Planning SIGNATURE ))j-/ PROPOSED ORDINANCE An Ordinance Relating to Parkland and Trail Dedication Requirements THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 11, Chapter 4, Section 9 of the Farmington City Code shall be amended by adding (underlined) and deleting {stveiek) as follows: 11-4-9: Parkland and Trail Dedication Requirements: (F) In residential plats, parkland dedication shall be ten percent (10%) of the gross land area. The dedication for commercial and industrial development shall be five percent (5%) of the gross land area. Where the City Council elects to take cash in lieu of land, seek-eestribut en-sheIl-be-based-etpen lewd-did+est+en-vequ+cements-me} ri+ed-by-the-sversge-east-per-sere-by sening-d,istriet-ss-es#:sb4+speed-€tem-t+me-te-t+ne-by-the-G ty-Gee:ne+1 the contribution shall be based upon the following schedule: Single Family Dwelling Units $400/unit Multi-family Dwelling Units $400/unit Commercial/Industrial $250/acre The City may elect to receive a combination of both land and cash, if recommended by the Park and Recreation Director. Calculations begin with the land required if all the dedication were to be land. The land total less the amount of land actually accepted provides a remainder, which when expressed as a percentage of the total identifies the relative value of the cash contribution. This percentage is then multiplied by the total cash created by the above schedule, producing the amount of cash which must accompany the dedicated land. Environmentally sensitive areas accepted by the City shall not be considered in the open space land and/or cash contri- bution to the City. (G) The-G ty-may-eleet-to-veee ve-s-eeeab#nst}ere-ei-essb;-fend-end-deveIertnent ei-lend-iev-psvk-use-ss-veeemmended-bY-tbe-Psvks-$nd-Reeveet4en-B4veeter- In residential plats, each residential unit shall additionally contribute $100 for the development of a comprehensive hiking and biking trail system. The cash contribution will be based upon the number of single family lots created in low density construction and/or the maximum number of units possible on sites which are to be developed for multi-family units. SECTION II: After adoption, signing and attestation, this ordinance shall be published in the official newspaper of the City and shall be in effect on and after the day following such publication. + . AGENDA REQUEST FORM ITEM NO. (I) If Al r f NAME: James Bell drill � DEPARTMENT: Parks and Recreation _I DATE: 1990 MEETING DATE: May 1990 CATEGORY: Ordinances and Resolutions I oii , 4 SUBJECT: Ordinance Establishing Trail Dedication Fee r ) EXPLANATION: Per Council directive. T—� REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Jim Bell Parks and Recreation Charlie Tooker Planning SIGNATURE t , PROPOSED ORDINANCE An Ordinance Relating to Parkland and Trail Donations THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 11, Chapter 4, Section 9 of the Farmington City Code shall be amended by adding (underlined) and deleting (stmek* as follows: 11-4-9: PARKLAND DEDICATION REQUIREMENTS: (F) In residential plats, parkland dedication shall be ten percent (10%) of the gross land area. The dedication for commercial and industrial development shall be five percent (5%) of the gross land. W tos*e-the-Gity-Gettaell-eIeete te-+eke-eesh-+ts-Ilet:-e€-letsd;-9t:eft-eetser+bet+en-s telI-be-based-+span-lesd elect+estlea-regeiremeets-melt pied-bp-tile-average-east-pas'-eere-by-setting e4striet-se-estebIlshed-€rem-date-te-tme-by-the-Glty-Get:aelIT Environmentally sensitive areas accepted by the City shall not be considered in the open space land and/or cash contribution to the City. (G) In lieu of parkland donation, the City may require the following cash donation: Single Family Dwelling Units $400.00/unit Multi-Family Dwelling Units $400.00/unit Commercial/Industrial $250.00/acre In lieu of a trail donation, the City may require the following cash donation for comprehensive pedestrian trail system development: For Each Dwelling Unit $100.00 SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the 7th day of May, 1990. � I AGENDA REQUEST FORM 410e 410 ITEM NO. Nom: James Bell DEPARTMENT: Parks and Recreation Q� & I� 1 DATE: April 9, 1990 e-: 411 �,dstJ�D Y) " MEETING DATE: April 16, 1990 C,+eO t /2A1, C U CATEGORY: Unf'*4 411L Rs ^, SUBJECT: -R�f i1 Se r Park Dedication .. EXPLANATION: - • • • is - - o REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Charlie Tooker Planning SIGNATURE i. MEMO TO: MAYOR AND COUNCIL SUBJECT: PARK DEDICATION FEES DATE: APRIL 12, 1990 I have received park dedication ordinances from various cities in Dakota County. Based on their information, the following fees are being charged. Land Cash Trail Eagan 8-14% $535/unit - 685/unit $100/unit Burnsville 10 ac. /1000 pop. 12,500-32,500/acre NA Hastings 8-13% $300/unit or $100/bedroom NA Lakeville 10-20% $550/unit $150/unit West St. Paul No Dedication Ordinance Apple Valley * 10% $15,000/acre NA Rosemount * 10% $110,000/acre NA Inver Grove Hts. * 10% $400/unit NA Savage 10% $325/unit NA * Telephone conversation. James Bell Parks and Recreation Director V G � r AGENDA REQUEST FORM 90/ ITEM NO. NAME: James Bell DEPARTMENT: Parks and Recreation DATE: March 15, 1990 MEETING DATE: April /4', 1990 CATEGORY: SUBJECT: Park Dedication Ordinance EXPLANATION: Approve a revised ordinance for park/trail dedication. REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Charlie Tooker Planning Tom Kaldunski Public Works/Engineering Jim Bell Parks and Recreation o►J SIGNATURE T w PARK AND TRAIL DEDICATION FUND All future development within the City of Farmington shall be required to meet the policies outlined in the Park Dedication Ordinance. The Park and Trail Dedication fund is designed to cover the cost of trail and park im- provements throughout the City as urban development takes place. The dedi- cation fee shall be calculated separately for both parks and trails. Park Dedication Fee The park dedication fee is determined by the number of dwelling units in relation to the number of acres (if any) required to be dedicated. Payment therefore may be made in land, cash or a combination of both at the discretion of the City Council. If land for parks is required to be dedicated, 10% of the land area (acceptable for park development) being platted shall be set aside for parks. If only a portion of the required 10% is accepted, the balance shall be made up in cash. The cash formula is based upon the number of units in the plat. These units are multiplied by $400.00 to determine the cash dedication. This amount shall be placed in the Park Dedication Fund if land in the area of development is not suitable for parks. When both land and cash are involved, calculations begin with the total land area that would be required if 100% of the dedication were to be land. This figure, minus the land that actually is accepted, leaves a remainder which can be expressed as a percentage of the total area that will be made up in cash. The remaining percentage of land will then be multiplied by the total cash required, if no land were to be involved, producing the amount of cash which must accompany the dedicated land. An example might work as follows: 100 acre plat 7 acres accepted for park land 10 acres required leaving 3 acres unaccounted 3 acres = 30% of the plat 250 units built @ $400 = $100,000 generated by plat $100,000 x 30% = $30,000 to accompany the 7 acres dedicated Multi-Purpose Trail Fee This fee is determined by multiplying the number of units by $100.00. This fee will be used to develop off-street multi-purpose trails. tP';!Itl (Iihkthe- last_ statement saa \e_ be a commod�f d else - - e ' - th- p : p,' g"ss AGENDA REQUEST FORM ITEM NO. ie/ NAME: Wayne Henneke DEPARTMENT: Finance DATE: May 15, 1990 ' : fl • y MEETING DATE: May 21, 1990 / I �G CATEGORY: Ordinances and Resolutions ie SUBJECT: 1990 Auction of Unused City Equipment EXPLANATION: See resolution REFERENCE MATERIAL/RESPONSIBILITY: Resolution - Wayne Henneke REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Department Heads IUJ� S /GNATUR • PROPOSED RESOLUTION 111)/1-'9 I) APPROVING A CITY AUCTION OF UNUSED EQUIPMENT, UNCLAIMED PROPERTY . Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 21st day of May, 1990 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City has an inventory of equipment that is no longer used, unclaimed property and other miscellaneous items that need to be disposed of; and WHEREAS, authorization is requested to sell unused equipment at a public auction at 11:00 A.M. on June 2, 1990 at the Marschall Garage, 617 6th Street; and WHEREAS, authorization is requested to contract with Schlegel Auction and Clerking Company to be the auctioneer at the rate of 10% of gross sales for auctioneer's and clerking fees with Mr. Schlegel providing the clerks. NOW THEREFORE, BE IT RESOLVED that the City sell the unused equipment, unclaimed property and other miscellaneous items as tabulated on Attachment I at a public auction to be held at 11:00 A.M. , June 2, 1990 at the Marschall Garage, 617 6th Street. BE IT FURTHER RESOLVED to contract with Schlegel Auction and Clerking Company to be the auctioneer at the rates stated above. Mr. Schlegel will provide his own clerks. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21st day of May, 1990. ATTACHMENT I CITY PROPERTY TO BE SOLD AT PUBLIC AUCTION Bicycles (16) 1977 Yamaha 650 Motorcycle 1984 Ford LTD 1977 Ford Pickup Tar Kettle Sander 200 Gallon Fuel Tank Snow Plow for International Cub Tractor 8' Steel Table 3' Square Table Plastic Fence (5 rolls) Cub Mower Deck and Harness Honeywell Thermostat Burroughs Machine Posting Cards Rapid Start Ballasts (22) Power Strips (3) Shelf Backboard Red Lights Shopping Cart Air Duct Letter File Burroughs Posting Card Holder (2) Dictation Equipment Display Racks Hard Hat CO2 Tank Coat Rack Fire Hall Letters 1 Bench Cabinet 1 Small Steel Table with Shelf High Gain 23 Channel CB Base Radio Stainless Steel Ash Can - — AUCTION SALE CONTRACT r s,hereby mutually agreed by and between: r!I Pee/ a �� .__ C' iLi/4g..v/ as auctioneer, and S / fee..e .. t,� iX,,e).•i... r a✓-4-,,(---,.,f''£-//(j } Bit grti eier A, rirlrl ( '-t- I� - /i- M .[ '' �9 7`v ♦J t as owner or owners, tress) ,/ �� / _ :onsideratlon of their several promises herein set forth and for value received as follows: ;aid auctioneer agrees to conduct said owner's public auction sale at the time and place herein after stated. ;aid clerk agrees to clerk said sale and to do all in their power to collect for all sales made at said auction and keep urate records of all items sold by said owner and to make a final accounting as soon after sale date as all the ounts have been paid, as well as, all amounts otherwise so designated to be paid by said owner in writing from the ceeds of said sale. ;aid owner agrees to employ said auctioneer to conduct said sale; to pay him a sum equal to %of the first $--.--_ -- —and__—.—--_---%of the next $ and %of the balance of said sale total. ;aid owner agrees to employ said clerk to clerk said sale; to pay him a sum equal to —%of the first $—.— -- --arid---_------ %of the next $--------------------and I- %of the balance of said sale total. : -tree-/-rd?s 0 le ,-ki'y )ate of salede --14_,!!_.e_-- -.- _ - ! y'- o — 'lace of sale I ty H 4- 1 1 )escription of property in general _t4_4 e f./A ye-E1r6___._._-_eili'----: M Qi- -___ )wner agrees to get said property ready for sale, assist the auctioneer and clerk as is customary at the day of sale; lay all advertising spent and done in connection with this sale If held or not. This contract is to remain in full force tated in items 3 & 4 above, providing an auction sale of property is held. This contract cannot be cancelled nor gnment of property made unless mutually agreed by all parties to this contract and such agreement must be in ting and signed before a notary public. .aid auctioneer and clerk agree to conduct said sale and do all things in connection therewith customarily done by tioneers and clerks to the best of their ability but do not guarantee a sale or the collection of said sale prices. Other conditions: C /_t/ ! 4r aof/ (use second second sheet if more space is needed) All claims,disputes and other matters in question arising out of or relating to this contract or the breach thereof, ept as set forth in item 10 above and except for claims which have been waived by the making or acceptance of rl payment as provided in items 3 and 4 above, shall be decided by arbitration in accordance with the rules of the rerican Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbi- 'e shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction reof. tice of the demand for arbitration shall he filed in writing with the other party to the Contract and with the Ameri- Arbitration Association. The demand for arbitration shall be made within a reasonable time after the claim, )ute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable cute of limitations. 'ed )(_____,/A_L,,, / 190 ` �/ /fes / itioneer_ 7 Clerk �L '' r �lzt.v,� /(`�._ll✓ i !r AGENDA REQUEST FORM ITEM NO. NAME: Tom Kaldunski DEPARTMENT: Public Works/Engineering DATE: May 14, 1990 MEETING DATE: May 21, 1990 CATEGORY: Unfinished Business SUBJECT Extension of Municipal Services to Block 6, Town of Farmington EXPLANATION: Continued from January 2, 1990 meeting. REFERENCE MATERIAL/RESPONSIBILITY: Memo attached REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Tom Kaldunski Engineering/Public Works SIGNA MEMO TO; MAYOR AND COUNCIL SUBJECT: EXTENSION OF SEWER AND WATER TO HUNTER PROPERTY ON SPRUCE STREET DATE: MAY 16, 1990 Earlier in 1990, the Council authorized the preparation of a feasibility study for extending sewer and water service to several vacant lots on the south side of Spruce Street (Block 6) . This study was ordered to allow staff to review the possibility of incorporating the work into Project 89-1 - Storm Sewer Trunk. It was hoped that the water and sewer services could be extended in the alley from Spruce Street while the street was torn up due to the storm sewer project. Since Project 89-1 has proceeded, it has become apparent that additional utilities (i.e. sewer and water) cannot be placed within the 20 foot right of way due to the existing storm sewer (Project 89-7) and an existing gas main while meeting the current MPCA and MDH utility separation regulations. Therefore, it is not feasible to extend sewer and water services to these lots via the alley. The best avenue to extend these services is on Spruce Street. I have discussed this briefly with Mr. Hunter. There is a legitimate concern over higher costs due to street restoration on Spruce. Therefore, it is my recommendation that the Council take no action on these service extensions at this time. ....04e /1:4144.(1 Thomas ,Kaldunski City Engineer cc: file Karen Finstuen TJK AGENDA REQUEST FORM ITEM NO. NAME: Tom Kaldunski DEPARTMENT: Public Works LL DATE: December 21, 1989 MEETING DATE: January 2, 1990I ‘%„,11:77t- U7i "t 3 Petitions, Requests and Communications CATEGORY• SUBJECT: Municipal Services to Block 6, Town of Farmington EXPLANATION: I received the attached request. The Council should consider ordering a study to determine the feasibility of extending services. REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Tom Kaldunski Public Works .4)"e4//4/04j' SIGNATURE (612)460-6126 RICHARD J . HUNTER 613 Heritage Way Farmington, MN 55024 December 20, 1989 Mr. Thomas J. Kaldunski, City Engineer City of Farmington 325 Oak Street Farmington, MN 55024 Re: Extension of city service to Lot 2, Block 6, Town of Farmington. Dear Mr. Kaldunski: I hereby request that sewer and water services be extended to my property legally described as Lot 2, Block 6, Town of Farmington. I understand that the alley on the south end of this property will be torn up during construction of the storm sewer which is planned for next summer. It would seem that this would be the most economical and expeditious time to extend water and sewer services to my property. Accordingly, I would appreciate it if you would advise me as to the feasability and cost of obtaining these services. Thank you for your help. Yours very truly, /1:„of Richard J. Hunter cc: Floyd C. Muenchow 21480 Texas Avenue Prior Lake, MN 55372 AGENDA REQUEST FORM ITEM NO. NAME: Larry Thompson9 , /A ..r{ ,��> rc„./401,) DEPARTMENT: Administration #44-, y 4( DATE: May 14, 1990 r/ MEETING DATE: May 21, 1990 CATEGORY: Consent Agenda SUBJECT:• Celebrate Minnesota 1990 - Approve Soo Line Agreement EXPLANATION: Continued from May 7, 1990 meeting REFERENCE MATERIAL/RESPONSIBILITY: Update - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Jim Bell Parks and Recreation Tom Kaldunski Engineering/Public Works SIGNA 1 MEMO TO: MAYOR AND COUNCIL SUBJECT: CELEBRATE MINNESOTA 1990 S00 LINE AGREEMENT DATE: MAY 16, 1990 Last meeting, the City Council agreed to the concepts of the proposed Soo Line agreement relating to the Celebrate Minnesota 1990, except for the "perpetual lease" clause. Dave Grannis has negotiated a new clause whereby the City agrees to lease the Centel space (or equivalent) for 10 years which is tied into the Soo Line leasing property within 25 feet of the railroad center line for parkway purposes for a 10 year period at no cost to the City. This arrangement can be reconsidered after 10 years. It should be noted that the "parkway" land is an integral part of the project as it provides necessary groomed buffer zone. I feel the arrangement is acceptable and recommend formal approval of the agreement. :i;t�,c/tet Larry Thompson City Administrator cc: Jim Bell Karen Finstuen Dave Grannis Tom Kaldunski file