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HomeMy WebLinkAbout04.20.87 Council Packet AGENDA COUNCIL MEETING REGULAR APRIL 20, 1987 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. April 6, 1987 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. 7:15 P.M. - Consider Rezoning of a Portion of Block 3, Fair Hills b. 7:15 P.M. - Consider Preliminary Plat - Fair Hills 4th c. 7:30 P.M. - Continued - Consider Amendment to Chapter 11, (Subdivision Ordinance) 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. 1987 Street Improvement Project - Present Feasibility Study b. Sanitary Sewer Trunk - Elementary School Site/Farmington Hills c. Storm Sewer Trunks - Elementary School Site/Fair Hills 7. ORDINANCES AND RESOLUTIONS 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Approve Developer's Agreement - Akin Road Elementary School Site b. Hiring Police Officer c. Towing Contract d. Stress Management Program 10. MISCELLANEOUS 11. CONSENT AGENDA a. Request to Attend School and Conference - Finance Department b. Request to Purchase Capital Outlay Equipment and Budget Adjustment - Engineering c. Request to Purchase Capital Outlay Equipment - Park Department d. Request to Purchase Capital Outlay Equipment - Senior Center e. Request to Purchase Pagers - Police Department f. Request for $500 for Maintenance Engineer - Fire Department g. Request Approval to Purchase Performance Bond - Fire/Rescue Truck h. Request to Purchase Graphics Card for Computer - Finance Department i. Approve Budget Adjustment - General Services j. Approve Payment of the Bills 12. ADJOURN THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. f L 6411 III AGENDA REQUEST FORM ITEM NO. NAME: Larry Thompson Thom son DEPARTMENT: Administration DATE: 4/13/87 MEETING DATE: 4/20/87 CATEGORY: New Business SUBJECT: Approve Developer's Agreement - Akin Road Elementary School Site EXPLANATION: Approve agreement to allow school to begin construction REFERENCE MATERIALS/RESPONSIBILITY: Agreement/Explanation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration John Manke Code Enforcement Tom Kaldunski General Services c/ SIGNATOR 411 MEMO TO: MAYOR AND COUNCIL SUBJECT: ELEMENTARY SCHOOL SITE - DEVELOPER'S AGREEMENT DATE: APRIL 16, 1987 Attached please find various correspondence and agreements relating to the Akin Road Elementary School Site. The platting agreement has been approved by the City Council. The Developer's Agreement will allow the School District to commence with the improvements. The major concern of the School District is the surety requirements cited in paragraph 17. The surety normally is required to ensure that the improvements are installed properly. While it could be argued that, since the City is dealing with the School District and not a private developer, it is felt that the City should retain some control over the proper installation of public improvements, such as the water main loop, sanitary sewer service, storm sewer lateral and ponds. Without having viewed the construction contract, I am not sure what requirements have been made to insure the proper installation of the improvements. You may note that the City's portion of the project is installation of the storm sewer trunk lines. These two lines are identified in the City's Surface Water Management Plan as trunk lines. Therefore, the construction of these lines should be financed through the Storm Sewer Trunk Fund. You may also note that the School District is requesting that the storm water management fees and assessments be spread out over a number of years. Since the City will require a large portion of the storm water fees to finance the installation of the trunk lines, it is recommended that these fees not be deferred. If the City were to defer this charge, language would have to be added stating that the School District would accept the fees as an assessment against the property and waive all rights to appeal. The City would then be required to borrow the money, which would place additional costs on the project. The assessments ($15,124.48) are required to repay the 1973 Improvement Bonds, which mature in 1994. I do not see a problem spreading the fee out over seven years at an annual interest rate of 9%. This would require a supplemental agreement. The City Code requires that no building permit may be issued until the plat has been filed. The School has indicated that the contractor would like to begin construction of the building before they will be able to file the plat. Paragraph 20(D) would allow the City Administrator to issue the permit upon execution of the agreement. Finally, the School District is requesting a sixty day extension of the date for submitting the final plat. It is recommended that the Council grant the extension. Larry ompson cc: Dave Grannis City dministrato Tom Kaldunski Charlie Tooker LT/mh Karen Finstuen file INDEPENLNT SCHOOL DIOfRICT 192 BOARD OF EDUCATION 510 WALNUT STREET THOMAS ROLLOFF ROBERT SHIRLEY,CHAIRPERSON FARMINGTON, MINNESOTA 55024 HIGH SCHOOL PRINCIPAL EUGENE HILDRETH,VICE-CHAIRPERSON DONALD MEYERS WARREN SIFFERATH,CLERK MIDDLE SCHOOL PRINCIPAL KLAARTJE STEGMAIER,TREASURER (612)463-7193 KE KIMBERLY HARMS,TRUSTEE ROBERT BOECKMAN, SUPERINTENDENT DOUGLAS PRHEINCIPAL CLIFFORD KOSKI,TRUSTEE p ELEMENTARY PRINCIPAL April 1 10 1907 DARLENE BELL P SPECIAL SERVICES DIRECTOR JOAN KAHL BUSINESS MANAGER APR1 41981 Larry Thompson City Administrator 325 Oak St. Farmington, MN 55024 Dear Mr. Thompson: We are proceeding to develop the property for our new school and may need an extension of the date for submitting the final plat. The original due date is May 4, 1987 and we are requesting a sixty day extension. It is my understanding that it may be possible to spread out some of the charges which will be due the city for storm water management and property assessment. Please consider this a request to spread out the maximum amount possible over the maximum number of years allowable. If further information is needed, contact me. Sincerely, J n Kahl, Business Manager "AN EQUAL OPPORTUNITY EMPLOYER" PLAT APPROVAL AGREEMENT This agreement made this day of , 1987, by and between the City of Farmington, a municipal corporation of the State of Minnesota, (hereinafter called the City) and Independent School District 192, the owner of the land, described as follows: South 60 acres of the NWi of Section 24, T114N, R20W, except that part lying east of the center line of CSAH #31 (35.82 acres) Parcel #14-02400-013-35, lying and being in the City of Farmington, Dakota County, State of Minnesota, being platted as and entitled Akin Road Elementary School Site (hereinafter called the Owner) . WITNESSETH: WHEREAS, the Owner has appeared before the Farmington Planning Commission in this matter; and WHEREAS, the Planning Commission has reviewed the preliminary plat of the above subdivision and did on the 16th day of December, 1986, make recommendation to the City Council; and WHEREAS, the City Council caused to have published in the official newspaper on the 22nd day of January, 1987, a notice of public hearing for the purpose of reviewing the above preliminary plat; and WHEREAS, said public hearing was held at City Hall on the 2nd day of February, 1987; and WHEREAS, the City Council did, at the above public hearing approve the pre- liminary plat and authorized the preparation of a final plat and the required signatures to be affixed thereto contingent upon a plat approval agreement being executed by both parties. NOW THEREFORE, THE CITY AND THE OWNER AGREE AS FOLLOWS: 1. That the recitals above and the provisions of Title 11, Subdivision Ordinance of the City Code of the City of Farmington are incorporated herein by reference. 2. The Owner agrees that no structure will be erected on any lot within the plat until proper building permits have been obtained. 3. The Owner agrees that no building permit shall be applied for, and none issued, until suitable arrangements have been made with the City for the following improvements: CATEGORY A CATEGORY B 1. Sanitary Sewer Trunks & Laterals 1. Underground Electric Service 2. Sanitary Sewer Connections 2. Underground Telephone Service 3. Storm Sewer Trunks 3. Underground CATV Service 4. Water Trunks and Laterals 4. Natural Gas Service 5. Water Connections 5. Street Signs 6. Site Grading 6. Subdivision Monuments 7. Parking Lot Described in Plan 7. Drainage Swale Sodding 8. Erosion Control 411 4. The Owner agrees that in the event of any lot or lots within said plat are sold prior to the completion of arrangements for provisions of the above improvements, the Owner will, in writing, inform and notify the buyer of the obligations and conditions contained within this agreement. 5. The Owner agrees to grant to the City, by executed instrument, the following public easements and dedications not conveyed by the plat: An adequate storm water ponding and outlet easement located on the north edge of the plat and running in a westerly direction and a 20' utility easement for water main. 6. The Owner agrees to pay the City $103,819. 16 as a storm water management charge. 7. The Owner agrees to pay the City $15,124.48 for reduced Sanitary Sewer Trunk assessments. 8. The Owner agrees to pay the City an administrative fee in the amount of $252.00 which is $250.00 plus $2.00 per lot (Resolution No. R3-87) Ordinance No. 11-3-3(a-2) plus all publication costs and to reimburse the City for all reasonable engineering and consultative costs. (See attachment A) 9. The City retains the right to require that a fence be installed on the perimeter of the pond easement should it be determined by the City that a safety hazard exists, within 10 years at owners expense constructed in accordance with plans and specs approved by the City. 10. The Owner agrees to record with the County Recorder, the signed plat hardshell within the time required in the ordinance and furnish the required number of copies of the recorded plat to the City. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 1987. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. In Presence Of: City of Farmington By Mayor and City Administrator In Presence Of: Independent School District #192 By Title 411 STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this day of , 1987, 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 Mayor and City Administrator of the City of Farmington, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and and acknowledged said instrument to be the free act and deed of said municipal corporation. STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) (CORPORATE ACKNOWLEDGEMENT) On this day of , 1987, 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 were respectively the and the of of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. S DEVELOPMENT CONTRACT (Developer Installed Improvements) AGREEMENT dated , 19 , by and between the CITY OF Farmington , a Minnesota municipal corporation, ( "City" ) , and I .S.D. No . 192 , ( "the Developer" ) . 1 . Request for Plat Approval . The Developer has asked the Akin Road Elementary City to approve a plat for School Site (also referred to in this Agreement as the "plat" ) . The land is legally described as : AKIN ROAD ELEMENTARY SCHOOL ADDITION 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 commence- ment 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 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 Laterals D. Parking Lot 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 prelim- inary engineering report, Plan D, and in accordance with City stan- dards, 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 meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's dis- cretion and at the Developer' s expense, have one or. more City in- s spectors 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 October 1 , 1988 . 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 plant- ing. 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 warran- ties. • • 8. Grading Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. 9. Erosion Control . The Developer shall comply with the erosion control plan, Plan B, for the prevention of damage to adjacent property and the control of surface water runoff. As the Development progresses, the City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be beneficial . The Developer shall comply with the erosion control plans and with any such additional instructions it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. 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 phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any phase ,until this agreement has been executed and surety and fees paid and the necessary security has been furnished to the City. For purposes of this requirement, outlots shall nqt 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 one . 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 re- quired 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 require- ments enacted after the date of this Agreement and may require submis- sion of a new plat. 13. Storm Sewer. The Developer shall pay a storm sewer charge of $ 103,819.16 for Phase I in lieu of the property paying a like assessment at a later date. The storm sewer charge shall be paid in full before a building permit is issued. I 410 14 . Sanitary Sewer Trunk. The developer shall pay the City $15 , 124 . 48 for reduced Sanitary Sewer Trunk Assessments . 14a. City Improvements . The City agrees to design and construct the Storm Sewer Trunk lines at its expense. 15 . 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 improve- ments by the City. The license shall expire after the public improvements installed pursuant to the development contract have been installed and accepted by the City. 16. Cleanup. The Developer shall promptly clear from public streets and property any soil , earth or debris resulting from construction work by the Developer or its agents or assigns . -6- • • 17. 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 or irrevo- cable letter of credit. from a bank ( "security" ) for $ The bank and form of the letter of credit shall be subject to the approval of the City Administrator. The security shall be for a period ending . If the required public improvements are not completed at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of the terms of this Agreement. 18 . 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, legal planning, construction 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 10 % per year. 19. Developer' s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder , the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer 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 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. 20. 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 except as authorized by the City Administrator. 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 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. 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. 21 . 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: •• Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certi- fied mail or registered mail in care of the City Administrator at the following address: , Attention: City Administrator. CITY OF BY: Mayor BY: City Administrator DEVELOPER: BY: Its STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19 , by Mayor, and by City Administrator, of the City of , 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 ) The foregoing instrument was acknowledged before me this . day of , 19 , by • DRAFTED BY: Notary Public Grannis , Grannis , Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange y III CONSENT 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 19 • STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19— by . Notary Public DRAFTED BY: Grannis, Grannis , Farrell & Knutson, P.A. 403 Norwest Bank Building. 161 North Concord Exchange South St. Paul , MN 55075 (612) 455-1661 •