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Home My WebLink About06.07.04 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 REGULAR CITY COUNCIL MEETING June 7, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 1. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS / COMMENDATIONS a) Bond Rating Upgrade - Finance 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Response to Farmington Lanes eomments b) Mr. Mike Heinzerling 7. CONSENT AGENDA a) Approve eouncil Minutes (5/17/04 Regular) (5/24/04 Special) b) Approve Dew Days Permits - eEEF Fee Waiver - Parks and Recreation c) Adopt Ordinance - Amending Senior eenter Advisory Board Ordinance - Parks and Recreation d) eapital Outlay - Parks and Recreation e) Renew Joint Powers Agreement Dakota eounty Drug Task Force - Police Department f) Emergency Operations Plan Revision - Police Department g) Appointment Recommendation Police Department - Human Resources h) School and Conference - Fire Department i) Authorize Advertisement for Bids - Rescue Truck - Fire Department j) Authorize Advertisement for Sale - Tanker Truck - Fire Department k) Adopt Resolution - Approve Meadow ereek 4th Addition Development eontract-Engineering 1) Adopt Resolution - Approving Drainage and Utility Easement Lots 2 and 3 Block 5 East Farmington 8th Addition - Community Development m) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - Vacate Drainage and Utility Easement East Farmington 8th Addition - Community Development Action Taken Information Recei~ Information Received Informatio.n Received Approved Approved Tabled to 6/21/04 Information Received Authorized Approved Approved Inform(ltion Received Authorized. Authorized R40-04 R41-04 Approved R42-04 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) eonsider Approval Liquor Operations Lease Agreement - Finance b) 2003 Annual Financial Report - Finance c) 2005-2009 Dakota eounty eIP Requests - Engineering d) Great River Energy and Xcel Energy Transmission Line and Distribution Substation - Community Development e) Review Proposed Revision of 2020 Thoroughfare Plan - Community Development f) Firewise Grant Award - Fire Department 11. UNFINISHED BUSINESS a) Vehicle Noise Signs - Police Department 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Firefighters Called to Active Duty - Administration 14. ADJOURN Approved Information Recetved Information Received Information Recetved Information Rec.eived Authorized Information Received City of Farmington 325 Oak Street Farmington,~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 7, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Bond Rating Upgrade - Finance 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Response to Farmington Lanes eomments b) Mr. Mike Heinzerling 7. CONSENT AGENDA a) Approve eouncil Minutes (5/17/04 Regular) (5/24/04 Special) b) Approve Dew Days Permits - eEEF Fee Waiver - Parks and Recreation c) Adopt Ordinance - Amending Senior eenter Advisory Board Ordinance - Parks and Recreation d) eapital Outlay - Parks and Recreation e) Renew Joint Powers Agreement Dakota eounty Drug Task Force - Police Department f) Emergency Operations Plan Revision - Police Department g) Appointment Recommendation Police Department - Human Resources h) School and eonference - Fire Department i) Authorize Advertisement for Bids - Rescue Truck - Fire Department j) Authorize Advertisement for Sale - Tanker Truck - Fire Department k) Adopt Resolution - Approve Meadow ereek 4th Addition Development eontract-Engineering 1) Adopt Resolution - Approving Drainage and Utility Easement ,Lots 2 and 3 Block 5 East Farmington 8th Addition - Community Development m) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - Vacate Drainage and Utility Easement East Farmington 8th Addition - Community Development Action Taken Pages 1~2 Pages 3~4 Pages 5~6 Pages 7-18 Pages 19~21 Pages 22~26 Pa~es 27~29 Pages 30-38 Pages 39~84 Page 85 Page 86 Pages 87-88 Pages 89-90 Pages 91-106 Pages 1 07~U 2 Page 113 Pages 114~119 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) eonsider Approval Liquor Operations Lease Agreement - Finance b) 2003 Annual Financial Report - Finance c) 2005-2009 Dakota eounty eIP Requests - Engineering d) Great River Energy and Xcel Energy Transmission Line and Distribution Substation - Community Development e) Review Proposed Revision of 2020 Thoroughfare Plan - Community Development f) Firewise Grant Award - Fire Department 11. UNFINISHED BUSINESS a) Vehicle Noise Signs - Police Department 12. NEWBUSINESS 13. COUNCIL ROUNDTABLE a) Firefighters ealled to Active Duty - Administration 14. ADJOURN 5a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, eouncil Members, eity Administrator r FROM: Robin Roland, Finance Director SUBJECT: Bond Rating Upgrade DATE: June 7, 2004 INTRODUCTIONIDISCUSSION The City was notified on Tuesday June I, 2004 that Moody's Investors Service has upgraded the eity's bond rating from A3 to A2. The upgrade was a result of Moody's surveillance efforts - that is continued follow up on the eity's financial situation. Moody's Investors Service is an internationally recognized agency which provides ratings on investments. Moody's provides an independent, objective assessment of the creditworthiness of debt obligations for the public finance market. The rating system is an easy to understand ranking for both key parties (investors and issuers) in a public finance transaction. Bond ratings range from Aaa to e, with Aaa bonds being judged as the best quality. Bonds with an Aaa rating carry the smallest degree of investment risk and therefore, bonds with the Aaa rating attract the lowest interest rates payable. The City of Farmington's bond rating was upgraded in May 2003 to the A3 rating. The Baal rating previous to that had been in force since before 1990. ehanges in bond ratings occur so as to reflect variations in the intrinsic position of individual bonds and indicate that Moody's observes some alteration in the investment risk of the bond. This upgrade of the eity's bond rating to A2 (the second upgrade in 13 months) indicates that Moody's believes the eity's financial situation continues to improve. BUDGET IMPACT Normally, the higher the bond rating, the lower the interest rate the eity would expect to pay on the debt issued. Lower interest rates mean less expense to the eity's taxpayers. ACTION REOUIRED For eouncil's information. Respectfully submitted, ~R-/ Robin Roland Finance Director ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator r FROM: Lee M. Mann, P .E., Director of Public W orks/eity Engineer SUBJECT: eitizens eomments - Farmington Lanes DATE: June 7,2004 INTRODUCTION At the May 17, 2004 City eouncil meeting, Ms. Pam Elvestad, representing Farmington Lanes, forwarded concerns regarding the construction along 5th Street. The concerns expressed included the amount of time the construction is taking, access issues, directional signage, garba!e pickup, compensation for lost revenue and a request for angled parking along the east side of 5 Street in front of the bowling alley. DISCUSSION The construction along 5th street has been difficult. The nature of the utility work (30-foot deep sanitary sewer, multiple connections to the creamery etc.) and the recent near record setting wet weather has slowed the construction process and made it more difficult to minimize the access issues. Staff has been and will continue to work with the contractor and the business owners to minimize construction related and access issues. Signage has been installed to direct traffic to the local businesses and the garbage pickup has been addressed. As of the writing of this memo (6/2/04), construction is moving ahead at a better pace and the utility work should be completed shortly with the street work following right behind. In regard to compensation for lost revenues, the City would need to submit any claim to the eity's insurance carrier for their determination of any liability on the City's part. At this time, no claim has been received. Staff has met with the owner of Farmington Lanes and reviewed the request for angled parking. Angled parking is not recommended by the traffic engineer over parallel parking due to safety issues. In addition, 5th street is designed to be 32-feet wide; the standard street width. If angled parking were to be added, curb "bump outs" would need to be added to encompass the parking area which would effectively narrow the street width to about 23-feet. For these reasons and to maintain future consistency, staff does not recommend the addition of angled parking on 5th Street. BUDGET IMPACT None. ACTION REQUESTED For information. Respectfully Submitted, ~Yh~ Lee M. Mann, P.E., Director of Public Works/eity Engineer cc: file Farmington Lanes -, ~- - '-)1&" LL w~ - I I '" :~-=\ I ~..' I IlL ~~, I ~~- ,-----------+------------- - ( dl .////t_-- I : I , w--.J D- <-{ f- I ) (fl W LJ ../ I~) <t --.J "'- '--------,---- "'- ~- -"'- ~ [ f. //, . ,I ____~ , l.... \ ~ \ , \ -LL-~ - __ II I I I ~ ,---I I _~...- r) J LL l-- ~I f-- ~ W J <I LL - E,IT LL F A F I III (--. _ LI='T ~ W f-f- " W LL - I _' I LL ---.J r--- -----:7 "'-- I r -I (____~ _ 1 -'I- I I, I ,_ 1- - 'I 1-) 1-1-< - --" --- = I~) W ~ I I (~ I, , U-) I I III: :"Lk)'i,J ,', W ' FAIfIt"I/&71tJ LANES E-.l 'I 'i " I ,~ I -+~ 1 I 1 LL f- w .////////////. / ~- L...J w ~- , I ----------------------- LJ.J LL LL l-"~ .. /..---------- ----_.~ E:IT ,III &,./; June 1, 2004 To: Farmington City Council Members 325 Oak Street Farmington, MN 55024 From: M.P. Investments Mike Heinzerling & Pete Elvestad 4889 1 92nd Street West Farmington, MN 55024 Re: Water and Sewer Benefit eharge Property Address: 107 5th Street Farmington, MN 55024 Dear eouncil Members, I would like to come to you with an appeal to waive 2 fees in the City of Farmington's fee schedule that totals $3,000.00. The fees are under Municipal Services in the City's fee schedule. The 1 st one is under Sewer and it's listed as a Benefit Charge in the amount of $1,780.00. The 2nd one is under Water and it is also listed as a Benefit eharge in the amount of$1,220.00. These fees were brought to our attention in December 2003 by Sue Miller in the City's Inspection Department after we had already received the building permit 10/10/03 to build the home on a lot that we had split 10/8/02. She told us that they had missed collecting the fee when Pete Elvestad picked up the Building Permit and it needed to be paid. I had asked at that time what the fee was for and why would we have to pay for the fee if we were also going to be looking at paying for a new assessment on the Main Street Improvement Project. Just a note to you, I am partly to blame that we are dealing with this at this time. I should have been on top of this a few months back when it was brought to our attention. Lee Mann and I tried on several occasions back in February, March and April to talk to one another but we seem to miss each other and our voice mails were the only contact we had. At the time it wasn't as high of priority as it is now. First, just to understand the fee was hard enough. But to pay a fee that is charge based on a "Benefit" of hooking up to an existing water and sewer system because we have not paid for the existing system like other homeowners in the neighborhood have. When at the same time the City of Farmington is also tearing up the existing street, water and sewer system that we are suppose to be getting a "Benefit" from and installing new under the Main Street Improvement Project that we will be assessed for upon completion. We have been told the assessment will be an estimated $6,000.00. The reason I mentioned we had only been told is because we have never received any written notification about the Main Street improvement Project ever. We have owned the property at 101 5th Street since June 2002. Now, we can deal with this because being active in the community we knew there was going to be an assessment because we knew the Project had been approved by City Council. Now when you add this all up we are looking at a total of $9,000.00 to the eity of Farmington. $3,000.00 for a benefit that we are not getting a benefit from because it is being tom up as we speak and an additional $6,000.00 in assessments for the Main Street Improvement Project. Both Pete Elvestad and I have sat down and talked with both Lee Mann and Dave Urbia about this situation and the fees being charged. Pete Elvestad and I do not agree to pay the $3,000.00 "Benefit Fee" because we do not feel we or the future homeowner of the property is getting a benefit from the existing system the City is tearing up and replacing. We do agree to pay for the assessment for the Main Street Improvement because there is a benefit to the property. We believe this to be fair. We believe that we are being double taxed. The reason why is by being told by eity Staff that we would have to pay the $3,000.00 "Benefit Fee" and the future $6,000.00 Assessment. All we want is for the eity of Farmington to be fair in their fees. You also need to look at when you establish your fees for the year that not every situation is going to fit your fee schedule. Just like this one on the property we own at 107 5th Street. Pete and I do know that you will be shown that other residents that have split a lot have paid these "Benefit Fees" and I do know of one lot in Farmington that was split that did not pay the "Benefit Fee". It was overlooked prior to the City doing the final inspection and the property was sold and closed and the eertificate of Occupancy was issued. We would like to make a recommendation to you at this time. We would recommend you to inform people about this fee at the time an individual comes to the City to request a Waiver of Plat to split a lot. When we asked what the fees were to split the lot, all we were told was the cost was a $100.00. No one told us about the "Benefit Fee" at that time. We think the individual should be told at the time they apply for the Waiver of Plat since the City already knows there is a "Benefit Fee" that will be charged to that individual and the individual coming into the eity does not. In closing I want to reiterate to you, the City Council, that all we want is to- be treated fairly in the fees that the eity charges. If you have any questions prior to the Council Meeting Monday June 7, 2004 at 7:00 PM, please feel free to give me a call. I look forward to talking to you. 7Q.; COUNCIL MINUTES REGULAR May 17, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and eouncil in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, eordes, Fitch, Soderberg Fogarty Joel Jamnik, eity Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, eommunity Development Director; Dan Siebenaler, Police ehief; Randy Distad, Parks and Recreation Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Jim Atkinson, Assistant eity Planner; Tim Gross, Assistant eity Engineer; eynthia Muller, Executive Assistant Thomas Yauch, Lisa Zarza, Jon Einess, David McKnight, Aaron Humerickhouse, Phillip and Louise Pote, Michael Shaff, Pam Elvestad 4. APPROVE AGENDA eouncilmember Soderberg pulled item 7a) eouncil Minutes to abstain. MOTION by eordes, second by Fitch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Pam Elvestad, 3200 200th Street W, representing Farmington Lanes, spoke regarding the sewer project in the Main Street area. The road work began in April between Pine and Willow Street which is directly in front of their business. The construction project spans their parking lot, making access difficult and some days impossible. Some of the problems the customers have encountered include signs reading Road Closed to Thru Traffic on every road leading to the business. This has discouraged customers. People have called asking if they are open and how do they get there. Some customers are parking on Willow Street. There is no walking access. At many times the road is impassible and deeply rutted. An employee had to have her car repaired due to a part being torn off. There are no lights. Kids ride their bikes and it is not safe. The vendors have to park on Willow. If they did not have access through Peerless Plastic's sidewalk, they would not be able to get in. A lot of the bowlers have large bags that weigh 100 lbs Council Minutes (Regular) May 18, 2004 Page 2 that they cannot carry. The garbage haulers are also having a hard time accessing the business. A lot of the older people have said they cannot come back until they can reach the bowling alley, as they cannot walk that far. The homeowner on the comer of 5th and Willow has been complaining because people are walking through their lawn because there is no sidewalk. There is also a hole in the middle ofthe road with orange fencing. She witnessed someone 4-wheeling in there yesterday with no helmets and twice it looked like they were going to flip over. They were gone by the time she went to call the police. It is a real hazard in the dark. On Friday, the sewer was plugged and the floor drain in the bar would not drain. The hole in the middle of the road was filling with water for the second time. They have not been provided with a phone number for after hours. They called the police to alert someone to the problem. It would have been a huge problem ifthe water had continued to run into the hole all weekend without the contractor's being there. They feel they have helped the city and the contractor by notifying them. Since the project started their revenues are down considerably due to inaccessibility. At the rate things are going they will have a difficult time keeping their doors open. Wages are exceeding revenues. Management does not want to lose good employees by cutting hours because there is so little business. A lot ofthe employees are depending on tips as part of their wages. They have considered closing early or reducing their hours but are fearful of the ramifications. Each day they are losing more customers. This encompasses all aspects ofthe business - bowling, a bar, and a restaurant. They have been in business for 17 years with the same owners and struggled for many of those years. This is the only bowling alley in Farmington and they want to keep it open for the community. They feel this project is not going well and feel they deserve better service. The contractor has been dragging their feet. The construction equipment was moved in in late April. The road construction was begun in early April and there seems to be no end in sight. Rain has delayed the project, but it seems like there has been some negligence by the contractor. They have left the project several times and there was water rushing into the hole. They should not leave the project without making sure everything is working properly. They feel they have saved the city a lot of money by alerting them to the problems. The owners would like to know when they can expect reasonable walking and driving access. Ifthere is a deadline on the project, why is the contractor not working on the weekends. The owners would like to know if there is some compensation on the part of the city or the contractor due to what they feel is poor management on the part of the contractor. The owners would also like to have addressed angle parking in front ofthe bowling alley on the east side of 5th Street and no parking on the west side. This should make up for the loss of parking due to the design of the entrance to the bowling alley. It would take up less space in the street than the parallel parking. Kemps has a difficult time with trucks coming in and out with customers parking on the road. Mayor Ristow replied Engineering will review the situation and respond in two weeks. Mayor Ristow stated he was sorry, but construction does take its toll on things and the city tries to accommodate the businesses. Council Minutes (Regular) May 18, 2004 Page 3 7. CONSENT AGENDA MOTION by eordes, second by Fitch approving eouncil Minutes (5/3/04 Regular) (5/3/04 Special). Voting for: Ristow, eordes, Fitch. Abstain: Soderberg. MOTION CARRIED. MQTION by Soderberg, second by eordes to approve the eonsent Agenda as follows: b) Received Information Parks and Recreation eommission Minutes - Parks and Recreation c) Adopted RESOLUTION R38-04 - Accepting Donation - Police d) Set May 24, 2004 eouncil Workshop - Administration e) Received Information eapital Outlay - Parks and Recreation f) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Farmington Gateway Shopping Center PUD Agreement - Community Development Mr. Jon Einess has requested approval of a Final PUD Agreement to construct a commercial facility at the southeast comer of 183rd Street and Pilot Knob Road. The building will be 9600 sq. ft. with parking around the perimeter of the lot. The Planning eommission recommended approval with two modifications: I. The pylon sign be located 10 feet from the Pilot Knob Road right-of-way easement. 2. Add a third handicap parking space. There is one change in the agreement under 5c. deleting the last sentence referencing an 8 foot setback for a parking lot. The developer is proposing a 10 foot setback which meets the code. MOTION by Soderberg, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes approving the Planned Unit Development Agreement for the Farmington Gateway Shopping eenter located on Lot I, Block 1, Dakota eounty Estates 9th Addition with the above modifications. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution- CSAH 70 Redesignation - Engineering Dakota eounty would like to reassign some eounty State Aid Highway mileage from eounty Road 70, which is not yet constructed, and transfer the mileage to eounty Road 50 just west of Cedar Avenue. The eounty will be able to accumulate more funds with the redesignation on eounty Road 50 than they would on eounty Road 70. The money can be used for any eounty State Aid Highway project in Dakota eounty. This has no impact on Farmington's State Aid money. MOTION by Fitch, second by eordes adopting RESOLUTION Council Minutes (Regular) May 18, 2004 Page 4 R39-04 approving the revocation of eounty State Aid Status for eounty State Aid Highway 70 within the eity limits of Farmington. APIF, MOTION CARRIED. b) April 2004 Financial Report - Finance The revenues reflect 11.56% of general fund revenues. The majority of revenues are received in July and December from property taxes. Those numbers are not reflected at this point. The rest ofthe numbers are a bit lower than 33.33% of the year complete. The sale ofthe two properties in the Industrial Park are reflected in the BRA Operating Fund. The enterprise funds are consistent with other years. In expenditures, a couple departments are over in expenses. The Finance Department is at 34.6% due to up front costs for the software system purchased in a lump sum. The insurance premiums are also reflected in a lump sum. Police is slightly higher. Staff is monitoring overtime and comp time and this will be discussed at the June 9 budget workshop. GIS is higher due to training for the year. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Traffic Safety 20ath Street and Akin Road - Council (Supplemental) There have been 9 crashes at this intersection in the last 18 months. Three of them could have been prevented with a traffic control device. The criteria for control warrants are crashes, traffic volumes, and sight distance. The Traffic Engineer indicated crash experience alone did not warrant the installation of a traffic control device. The traffic volumes detected during the last traffic analysis did not meet warrants. However, based on more recent observations he believes that traffic volumes may now be approaching a level that deserve a closer analysis and could meet warrants. The past agreement regarding speed has been reviewed by the eity Attorney and he did not see anything that would not allow a traffic control at this intersection. Staff presented several options to eounci1: I. Traffic study 2. Permanent signal light - cost of $ I 40,000 to $150,000 3. Temporary signal lighting - cost of $60,000 to $80,000 4. Personnel directing traffic during peak times. Staff did not recommend the use of a police officer due to overtime issues. 5. Permanent Stop Signs on Akin Road for north/south bound traffic. The Traffic Engineer was concerned that homes with driveway access onto Akin Road may have difficulty getting out, at times traffic is slower and stop signs would not be necessary. 6. Temporary Stop Signs on Akin Road for north/south bound traffic The Traffic Engineer did not recommend this option. Side affects of a traffic control device should continue to be monitored. Mayor Ristow stated for the safety of the schools this should have been done a long time Council Minutes (Regular) May 18, 2004 Page 5 ago. This has been studied several times and all we get is requests for a stop light. He has been there and watched the traffic. The school does not have anyone available to direct traffic. It is a city street and the speed should be controlled. Mrs. Louise Pote, 4325 207th Street W, stated there is also a problem with the soccer games in the evening. There are 650 kids playing soccer. ears park on both sides of20Sth Street. There is a 15 minute window between games for cars to enter and exit. On 20Sth a lot of people are making V-turns. Kids run in and out between parked cars. It is a safety issue. Parents are concerned about the crossing on 20Sth at Dallas. When there is not a safety guard there are a lot of people who drive right through the crosswalk and are not letting the kids cross. Today a school bus went through the crosswalk and three students had to stop in the middle of the street to let the bus go through. Mr. Phillip Pote, 4325 207th Street W, asked about the methodology of the traffic study and if they are looking at it over a period of time or focusing in on peak hours of7 a.m. - S:30 a.m. and from 2:00 p.m. - 3:00 p.m. If they look at the traffic over a full week it will not look that bad. It is about the peaks and valleys in traffic on 20Sth. People turn right on Akin and go north ~ mile and make a U- turn. A car coming north on Akin and turning right onto 20Sth, will hide a vehicle behind it. ears are going 50 mph at that point. Mrs. Pote noted in the paper because of budget cuts, the school district may be extending the distance for kids to be walking. If that happens, traffic will increase as parents will drop them off. Mr. Pote noted there will be 100 more students at the middle school next year. Mrs. Pote stated almost every house in the neighborhood has children, and parents have said they will drive their kids up to the school rather than have them crossing the street. Mr. Pote stated 20Sth Street is a drag strip. It is parents racing down to the middle school to drop offkids and racing back. Mayor Ristow thought the school was going to have safety patrols on 20Sth at Dallas. Staffwill check with the school. Mr. Thomas Yauch, 4346 207th Street W, his daughters exit the subdivision five mornings a week at 7 a.m. His daughter was almost hit by a car going 60 mph. People going north and south are traveling at 55-60 mph. He did not want there to be a fatality for the city to act. The speed on 20Sth not only during school time, is a freeway. He realized the police have many things to do, but the other night he noted a police officer giving parking tickets for parking too close to the comer. The cars also block in the fire hydrants. Traffic is spilling over on 207th because of soccer games. They park right up to the driveway so you only have a short window to back out. He disagreed with the studies. If eouncil stays there for a ~ hour at 7 a.m. for five days a week and again from 2:30 - 3:00 and Tuesday and Thursday nights, they would change their viewpoints. Going north on Akin and Council Minutes (Regular) May 18, 2004 Page 6 make a U-turn is the only alternative they have. There is a fatality waiting to happen. Mayor Ristow stated he realized this has been an ongoing problem. 20Sth Street is posted at 20 mph when school is on. If it is parents, shame on them. eouncilmember Fitch noted 7-S months ago eouncil discussed putting in temporary signs. He is concerned with cars turning right and making a U-turn down the road. That is making the problem worse. Putting up a stop sign will make people think this is an easy way to get in and out. People take drivers training, but still they do not know how to work a 4-way stop. He agreed that intersection has warranted stop signs for a long time and it is time we do something about it. MnDOT has rules, but they do not control our community. He felt this situation warranted a permanent stop sign. eouncilmember Cordes agreed something needs to be done. The permanent signal lighting is expensive and should be looked at in the future. She is in favor of putting in permanent stop signs, but is concerned with stacking between 20Sth and eounty Road 50. Addressing the parking issues, there is a lot of traffic parking on the street during soccer games. She did not know if posting no parking signs would help the situation on 207th. If they cannot park on 20Stli they will go to the next closest which is 207th. They should be using the parking lot. eouncilmember Soderberl received an e-mail from the soccer association asking parents to not park on 20St and use the parking lot, but it has not made an impact. The crosswalk was also a concern and asked if it was a ticketable offense. Police Chief Siebenaler replied it is a ticketable offense. He understood the school was going to put crossing guards out there. Mrs. Pote stated the crossing guards are only out there for a short period oftime. Councilmember Soderberg stated it is parents and teachers that are violating the crosswalk. How do we educate people to obey traffic laws? More enforcement would require a police officer out there from time to time writing tickets. He would be in favor of making 20gth Street no parking and have an officer out there on soccer nights writing tickets. That eats up valuable resources in our police department, but more officers are needed. He asked ifthe agreement with the State regarding Akin Road, requires a study to place a stop sign. Attorney Jamnik replied no. Any action regarding speed limits would require contact with the State. eouncilmember Soderberg recalled the traffic study did warrant an all-way stop for two hours in the morning and afternoon, but over 24 hours the warrants were not met. He would favor an all-way stop and look at more enforcement in the area. Mayor Ristow asked if the crosswalk was marked. Police ehief Siebenaler replied it is as marked as a crosswalk can get. Mayor Ristow stated all we can do is keep taking steps and felt a stop sign is a good start. He would be open to no parking on 20Sth Street. Mrs. Pote suggested limiting the no parking to the north side of 20Sth Street. Council Minutes (Regular) May 18,2004 Page 7 Police ehief Siebenaler stated in the past when they have initiated no parking in areas they have bowed to the wishes of the residents in the area and requested a petition be filed showing the majority of residents are in favor of it. Staffhas received denial from the school district. They are not interested in posting the south side of 20Sth Street as no parking. The most recent petition for the north side from residents abutting 20Sth failed to get half of the residents. If Council wants to consider no parking on 20Sth and maintain past practice of honoring the wishes ofthe residents, he suggested asking for a petition again. He agreed if 20Sth Street is posted as no parking, the issues that will arise are 207th and perhaps 206th being used as alternate parking. There have been extensive discussions with soccer parents, players, and management regarding options on how to get people to park in the parking lot with very little success. eouncil has the authority to order any signage they want on that street, but beware when this was done on the south side of the high school, you drive people to park further away. On Hickory Street there are three dozen cars parked and they walk through people's yards to get to the high school. You will see the same type of thing because it is longer to walk around the block to get to the soccer fields than through someone's yard. Police ehief Siebenaler stated he is not telling eouncil they should not do it, he is saying there will be side affects to any action. Mayor Ristow stated he appreciated that and he brought out many good points, but tonight eouncil has one thing and that is stop signs at 20Sth and Akin Road. He requested staff discuss the no parking and bring it back to the next meeting. He felt the stop signs are the most critical. eouncilmember eordes agreed. She also felt if the neighborhood wants no parking that could be discussed in the future. Mr. Yauch asked if there was a posted speed limit on 20Sth Street past Devonshire. Police ehief Siebenaler stated they generally do not post residential speed limits. It is 30 mph in residential districts. MOTION by Cordes, second by Fitch, approving option 5, permanent stop signs on Akin Road for north/south bound traffic. eouncilmember Soderberg stated normally he would concur with the Traffic Engineer, but this is a situation where it does warrant traffic control given the fact it is by a school and there have been a great number of accidents. This is one of those times he will stray away from the recommendation of the engineer. APIF, MOTION CARRIED. eouncilmember Soderberg asked Police ehief Siebenaler if there was anything he would recommend with regard to the crosswalk. Police ehief Siebenaler replied they have made suggestions regarding using lighting. He was under the impression crossing guards were being used. They can be used effectively. eouncilmember Soderberg suggested staff review this and come up with some suggestions. Mayor Ristow suggested using the little green men with the flag in the middle ofthe road. Police Chief Siebenaler stated they create a perception of safety that does not exist and he would not recommend them. Mayor Ristow Council Minutes (Regular) May 18, 2004 Page 8 stated in New Prague they have them and if you do not stop, you will get a ticket. Mrs. Pote stated when the crossing guards are out, it does work, but they are not always there. eity Administrator Urbia stated a meeting has been set up with the school district and all of these items will be followed through. eouncilmember Fitch asked when this will be done. Police ehief Siebenaler stated the eity Engineer did not believe the signs were in stock and they would have to be ordered. 13. COUNCIL ROUNDTABLE Councilmember Fitch: The MUSA Review eommittee is discussing the phasing of the land. He thanked Planning eommission ehair Dirk Rotty. He has given good input into the process and how important this is to decide how the city should look. He has asked a lot of questions. The results will be very impressive and well thought-out. Staff has been very accommodating throughout the process. City Administrator Urbia: The topic for the ehamber's eoffee with the eouncil will be the Me Vicker Lot. Mayor Ristow and eouncilmember Soderberg will be attending. Mayor Ristow: He has received a few complaints regarding the parks. Some parks especially the one on Heritage Way, the one in Westview, and Rambling River have a lot of dandelions. Also the grass has not been trimmed around the trees. There have also been noise complaints regarding trucks on Hwy 3. On Hwy 60 by Waterville, signs are posted that noise will not be tolerated. He wanted staff to research why some areas can post signs and others cannot. They might not enforce it, but the signs are there. Police ehief Siebenaler will look into this. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:12 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~/r7~J eynthia Muller Executive Assistant Council Workshop Minutes City Hall Facility Transportation Issues May 24, 2004 Mayor Ristow called the meeting to order at 7:00 p.m. The meeting then recessed until the BRA Meeting was completed. Present: Absent: Also Present: Ristow, eordes, Fitch, Fogarty, Soderberg None David Urbia, eity Administrator; Kevin earroll, Community Development Director; eynthia Muller, Executive Assistant Mike eox and John McNamara, Wold Architects The meeting reconvened at 7:32 p.m. MOTION by Fogarty, second by eordes to approve the agenda. APIF, MOTION CARRIED. City Hall Facility Mr. eox presented options for the eouncil Room and blending conference rooms with the eouncil Room. The first option was for 1800 sq. ft. which would have 84-person seating and the second option was for 2400 sq. ft. which would have 128-person seating. Both options showed the presenter in the middle or off to the side and showed conference rooms with glass walls to allow a view into the eouncil Room. Drapes could be used for privacy. eouncilmember eordes preferred the 128- person seating. Sitting in a smaller room, such as the conference rooms in option 1, you do not feel part of the meeting. eouncilmember Soderberg also liked the 128-person seating. He noticed the diagram showed a 7-person eouncil. Mr. Cox stated they were thinking of other eommission meetings. The adjacent eonference Rooms are 300 sq. ft. and could be used by eouncil to meet with residents. eouncilmember Fogarty agreed with the 128-person seating. She would like the presenter to be off to the side to make it more inviting. In the middle, the presenter has their back to the audience. Regarding the 7-person eouncil table she suggested raising the middle 5 seats and have the seats on each end lower. The end seats could be used by the eity Administrator and the eity Attorney. Mayor Ristow liked the 128-person seating, but he did not like having staff mixed with eouncil at the eouncil table. As the city grows, the eonference Rooms could be removed to enlarge the eouncil Room. Mr. eox agreed, however eonference Rooms are needed. eouncilmember Fitch also liked the 128-person seating. eouncil reached a consensus on the second option. " .. Council Workshop Minutes May 24, 2004 Page 2 eouncil discussed having the video screen behind them and having individual monitors and the location of TV monitors. Mr. eox stated a decision could be made later in the process. Mr. eox then showed a diagram ofthe entire eity Hall so eouncil could see how the Council Room will fit in. Wold has interviewed each department and received their input. The number of staff required was projected to 2020. The building would be 36,000 sq. ft. which includes a future space of 1500 sq. ft. and 2500 sq. ft. to lease out. The remainder would be divided up between departments. eonference Rooms will be in each department which could become office space. Mayor Ristow suggested from past experience, labeling the lease space as storage. The site diagram showed a 2-story building with nothing above the eouncil Room. The eouncil room becomes taller than normal office space. The area provides for 54 stalls of parking on the west side and 10 stalls on 3rd Street. During the day there are 5 people visiting at one time, so that was doubled. After that there would be staff parking. There are growth areas with surrounding lots. The diagram showed a round-about at the intersection of 3rd and Spruce. Entries to the building are from the east and the west. The design would carry through with the streetscape idea. eouncilmember Fogarty thought the round-about was fabulous and it brings great character. The eouncil Room ceiling height would be 12-14 ft. There would be a walkway through the building from front to back and a lobby with an open space to the second floor. Departments on the first floor would be reception, eommunity Development and Engineering. eommunity Development and Engineering would be next to each other. There would also be storage on the first floor. They are currently studying the water table to see if a basement would be possible. The second floor would be Parks and Recreation, Human Resources, Finance and Administration. There would be ways staff can move from floor to floor without going into public areas. There would be a service area, like a garage stall to hold equipment. Mayor Ristow asked if Administration should be on the first floor. eouncil felt Administration has the least amount of traffic and the eity Administrator could come down to the first floor conference rooms. eommunity Development has the most traffic. eouncilmember eordes felt Parks and Recreation should not be on the second floor. The service area, equipment needs, hauling things in and out, Parks and Recreation does more of that than Engineering. Any storage for Engineering should be at the Maintenance Facility. Mr. Cox stated once they showed a diagram of everything they would like to do, you end up with no parking because everyone is on the first floor. Something has to give. There was considerable interest in keeping Community Development and Engineering together because of their interaction. Councilmember Fogarty asked about removing the lease space which could be done. eouncilmember Soderberg noticed there is a basement under a small portion, ifthere is going to be a basement, it should be under the whole building and it could be used for parking. Mr. eox stated that would require ventilation. A basement does cost money. Having the lease space on the first floor could depend on what it will be used for. Ifused for a liquor store, it should be on the first floor. Ifused as office space, it could be on the second floor. eouncilmember Fitch asked about security. Mr. eox stated security suggests a single entry to be used as a check point. The entry could then be along Spruce Street. eouncilmember Fitch would like to control who gets back into the departments. eouncilmember eordes stated Rosemount has service windows Council Workshop Minutes May 24, 2004 Page 3 for the departments. eouncilmember Fitch felt it was fine to have access to the corridors, but not to the departments. There could also be a security button at the reception desk. Mr. eox then discussed the budget. He presented costs only for the construction. It does not reflect the financing and how it affects the taxpayers. That information will be part of the eIP presentation on June 9. The costs are based on $ 160/sq. ft. for a building similar in nature to the Police Facility. Total construction cost is $5.7 million. Total project costs are $1.87 million for a grand total of$7.6 million. To reduce this amount would be the sale of the existing eity Hall. eouncilmember Fogarty asked about the demolition at 3rd and Spruce and if there was hazardous waste. There was a small amount of asbestos, but not extensive. Mayor Ristow did not think the Blaha building could be demolished for $35,000. Wold will firm up that cost. This does not include any soil clean-up. The budget includes a contingency of $575,000. That should cover any geotechnical items. Phone systems and cubicles would fall under equipment and furniture. Transportation Issues Community Development Director earroll stated staffhad a meeting with Shelly Johnson, Traffic Engineer to discuss the Thoroughfare Plan. An area east of Akin Road, south of 195th Street, north of208th Street, and west ofthe railroad tracks contains no transportation routes. As the MUSA process moves forward, development in this area is being considered to help out with the completion of 195th Street or 208th Street. That will be complicated ifthe Thoroughfare Plan does not identify some major north-south and east-west routes in the area. The Traffic Engineer recommended staff proceed as quickly as possible to update the Thoroughfare Plan in this area. Staff wanted to advise Council that work is in progress on this. Some property owners along Akin Road have an easement containing a road on property owned by Mr. Murphy. The owners are considering splitting up their lots for developing. Staffhas recommended they proceed cautiously and to wait until the Thoroughfare Plan update is done. One of the east-west connections might come along those properties. The owners are willing to wait for awhile. 203rd Street is the only major road between Akin and Pilot Knob to go straight across. This issue will go the Planning eommission for their comments and to eouncil the 2nd meeting in June or 1 st meeting in July. Once this area is developed, based on the volumes of traffic predicted, there could be three connections to Akin Road to handle the traffic. eouncil agreed 20Sth Street needs to go through. Staff will need to review the railroad crossing. MOTION by eordes, second by Soderberg to adjourn at 8:42 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/Vl~ eynthia Muller Executive Assistant 7/; City of Farmington' 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, eouncilmembers and eity Administrator r- FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Request to Waive Fees for Dew Days DATE: June 7, 2004 INTRODUCTION Permits would normally be required for events related to the Dew Days eelebration. DISCUSSION The Dew Days eommittee and eEEF are requesting that the eity eouncil waive the fees for the permits required for the annual celebration. eouncil has approved the waiver of the permit fees in past years. BUDGET IMPACT In past years, the total revenue from permit fees for Dew Days would have been less than $1,500.00 if permits were required. It is anticipated that based on the preliminary schedule for this year's Dew Days activities, there would be less than $1,200.00 collected if permits were required. The permit fees for the Dew Days celebration were not budgeted as revenue in the 2004 budget. . 1:'0' ACTiON REOUESTED Approve the request to waive the permit fees for the 2004 Dew Days. ~R_, ~~ectful~submitted' .. <', 7~ - i ~. . ' j'\. Randy DIstad Parks and Recreation Director 2004 DEW DAYS FESTIVAL PERMITS The following is a listing of events, sponsors and the established fees for each event which require a permit: Exhibition Temporary Outdoor (Ord 3-17-4) 2004 Fee @ $15.00/event Name of Event Kiss the Pig Bed Races Dew Run Kiddie Parade Art Show Reptile Show Children's Craft Sidewalk Sale Farmington Pirouettes elinic Nut and Bolt Toss earpet Toss ehalk Drawing Paint-a-Snake Pluck-a-Duck BBQ Rib eook-Off Farmington Historical Trolley Tour Mini Fire Truck Rides Medallion Hunt Trout Pond Kid's Time ehild ID and Bike Rodeo Stage Entertainment eookies and Queens Grand Day Parade Sponsor Rambling River eenter Parks and Recreation Parks and Recreation Festival eommittee Dakota Valley Arts eouncil Dakota eounty Library Dakota eounty Library Dakota eounty Library Pellicci Hardware Thoroughbred earpets Parks and Recreation Parks and Recreation Rambling River eenter Farmington Independent & ehamber of eommerce Heritage Preservation eommission Festival Committee Festival eommittee Southern Dakota Sportsmen elub Fire and Police Departments B & B Pizza Festival eommittee Festival eommittee Festival eommittee 23 events @$15.00/event = $345.00 Location of Event Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Transient Merchant Permit (Ord 3-18-1) 2004 Fee @ $50.00/quarter Name of Event Arts and eraft Sale earnival eoncessions eoncessions eoncessions Concessions eoncessions eoncessions Concessions eoncessions Sponsor Festival Committee Festival Committee Taco Dick's Best Way Famous Dave's Barbeque Drew's Mini-Donut Stop Koegler's ehaser #l Ice eream Shoppe Jazz'n Java Granny's eountry Wagon Location of Event Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown Downtown eoncessions eoncessions eoncessions eoncessions eoncessions eoncessions White Elephant Sale Thoroughbred earpets Artful Airbrush Matt Milner Sales Special eoncessions Susan ehristenson eon's Rambling River eenter Rambling River eenter Downtown Downtown Downtown Downtown Downtown Downtown Downtown 17 Events @ $50.00 = $850.00 Total Amount of Fees Waived for 2004 Dew Days $1,195.00 7e., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, eouncil Members and eity Administrator y- FROM: Randy Distad, Parks and Recreation Director RE: Adopt Ordinance - Rambling River eenter Advisory Board Amendments DATE: June 7, 2004 INTRODUCTION The City of Farmington has an existing ordinance that regulates the Senior Center Advisory Board. DISCUSSION The Senior Center building name has been changed to the Rambling River Center. There is a current eity ordinance that regulates the Senior eenter Advisory Board. However since the facility where senior citizen's gather to recreate is no longer known as the Senior Center but rather is known as the Rambling River Center, the current Senior Center Advisory Board members feel that the current ordinance should be amended to the Rambling River Center Advisory Board (Advisory Board) to reflect the new building name. In addition the current Advisory Board members would like to amend other language in the ordinance. Attached to this memo is a copy of the revised ordinance showing the changes that are being recommended to be made from the existing ordinance. Strikethrough has been used to show where existing language is being recommended to be deleted and underlining has been used to identify the new language that is being recommended. For your convenience, a clean copy of the new ordinance that reflects the amendments has also been included with this memo. The amended ordinance has been reviewed by the Advisory Board and the Parks and Recreation Commission (PRAC) and both are unanimous in their support for the amendments and are recommending to the City Council that the amendments be approved. ACTION REOUESTED Adopt the attached Rambling River Center Advisory Board Ordinance that amends the existing Senior Center Advisory Board Ordinance. ~:IYS~ imdy D&. Parks and Recreation Director CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 2 OF THE FARMINGTON CITY CODE BY AMENDING SECTION 10, SENIOR CENTER ADVISORY COUNCIL CHAPTER 10 SIiNIOR CIiNTiR ADVISORY COUNCil Ramblina River Center Advisory Board 2-10-1: COUNCIL ESTABLISHED: There is hereby established, a 80ftior eemer :\dyisory emmGil Rambling River eenter Advisory Board (Advisory Board), the purpose of which shall be to make recommendations to the Giiy e01:lfleil Park & Recreation Advisory eommission on all matters of broad policy regarding activities, programs and operations of the senior Genter Rambling River eenter. The Park and Recreation Advisory eommission shall advance a recommendation to the eity Council on these matters. 2-10-2: INITIAL APPOINTMENTS: Initial appoiBtmeftts were made to aeaomplish the rotatioR of overlapping terms Members shall apply to and be apl'ointed by the eity eouncil as described in subsection~ 2-1 0-3~ (D. G). 2-10-3: CRITERIA ADOPTED: The following criteria are hereby adopted: (A) Members; Officers: The e01:lfleil Board shall consist of seven (7) members who shall choose from among themselves a presidel'lt chair and a viae presideBt vice-chair aDd searetar)'. (Ord. 086-181, 7-21-86) (B) Designated Seats: All seats shall be undesignated. Membership should reflect the goals and concerns of the senior aemer Rambling River eenter. (Ord. 091-242, 2-19-91) (C) AppoiBtm:0ftt: Members shall be reaommeooed by the i\ePlisory eol:1fteil fer fiaal aeeeptaDee by the eity C01:lfleil. (Ord. 086 181, 7 21 86) (I}j ~ Qualifications: Members shall be citizens of the United States and shall reside or work in the City of Farmington, Empire, eastle Rock or Eureka Townships. Members need not be senior citizens. ~ @ Terms: Terms shall be staggered so that there shall be continuity on the Advisory Board. Members shall be appoimed for two (2) year terms, eaeh beginniag OR Foomary 1, previdi:eg tOr a retatioR oftwo (2) membefS one year, two (2) members the R~t year aBEl three (3) members the Rext followi:eg year, et &e<1. MembefS may be reappoimed. (Ord. 091 242,2 19 9-lt: Members shall be appointed for a three year term. each beginning on February 1. providing for a rotation of two (2) members one year. two (2) members the next year and three (3) members the following year. et seq. Members may be reappointed. (Ord. 091-242. 2-19-91). There is a limit of two consecutive three-year terms that a member may serve on the Advisory Board and then must go off the Advisory Board for one year but then after one year of being off the Advisory Board may reapoly for aDDointment. (I'1 all eompensation: Members shall serve without pay, but may be reimbursed for reasonable personal expenses. ~ (E} Removal: Members may be remoTled at the reeommeaElatioB ef the ~A...&visory eeHBeil aBEl sllbsequtmt eomplianea efthe eity e01:U1eil as aemofl5tFated by a fetH" HAAs (4/5) veta efthe eityeeHBeil Members may be removed by the eity eouncil. The eity eouncil may,consider any recommendations from the Advisory Board or the Park and Recreation Advisory eommission regarding the removal of any members. ~ (G) Vacancies: A vacancy shall be filled for the remainder of the term by appointment from the eity eouncil based on a recommendation By from the Advisory eouooil Board and the Park & Recreation Advisory eommission. aRd fi.Bal aeeeptaftee of the eity eOlHJ,eil. (n Oata of Offiee: Prier to asswn.iBg the ffilties to vAHeh first assigaed, eaeli memaer shall take aR oatll ofoffiee. (Or-a. 086 181, 7 21 86) (Jt.Q::Q Budget: The f..d?/isory e01:lfleil shall reyi&'ll aBd reeemmend aR 8:IlBlial blleget te the Dir-eetor of Parks aRB Reereation. (Ord. 091 242,2 19 91) The Parks and Recreation Director or designee shall review the annual operating and capital budget with the Advisory Board. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 2 OF THE FARMINGTON CITY CODE BY AMENDING SECTION 10, SENIOR CENTER ADVISORY COUNCIL CHAPTER 10 Rambling River Center Advisory Board 2-10-1: COUNCIL ESTABLISHED: There is hereby established, a Rambling River eenter Advisory Board (Advisory Board), the purpose of which shall be to make recommendations to the Park & Recreation Advisory eommission on all matters of broad policy regarding activities, programs and operations of the Rambling River eenter. The Park and Recreation Advisory eommission shall advance a recommendation to the eity eouncil on these matters. 2-10-2: APPOINTMENTS: Members shall apply to and be appointed by the eity eouncil as described in subsections 2-10- 3(D, G). 2-10-3: CRITERIA ADOPTED: The following criteria are hereby adopted: (A) Members; Officers: The Advisory Board shall consist of seven (7) members who shall choose from among themselves a chair and a vice-chair. (Ord. 086-181, 7-21-86) (B) Designated Seats: All seats shall be undesignated. Membership should reflect the goals and concerns of the Rambling River eenter. (Ord. 091-242,2-19-91) (e) Qualifications: Members shall be citizens of the United States and shall reside or work in the eity of Farmington, Empire, eastle Rock or Eureka Townships. Members need not be senior citizens. (D) Terms: Terms shall be staggered so that there shall be continuity on the Advisory Board. Members shall be appointed for a three year term, each beginning on February 1, providing for a rotation of two (2) members one year, two (2) members the next year and three (3) members the following year, et seq. Members may be reappointed. (Ord. 091- 242,2-19-91). Effective with this ordinance and beginning with appointments in 2005, the following shall occur: two (2) member shall be appointed for a three year term. Each subsequent appointment to follow shall be for a three-year term, unless an appointment is made to fill a vacancy then the appointment shall be made for the unexpired term. There is a limit of two consecutive three-year terms that a member may serve on the Advisory Board and then must go off the Advisory Board for one year but then after one year of being off the Advisory Board may reapply for appointment. (E) eompensation: Members shall serve without pay, but may be reimbursed for reasonable personal expenses. (F) Removal: Members may be removed by the eity eouncil. The eity eouncil may consider any recommendations from the Advisory Board or the Park and Recreation Advisory eommission regarding the removal of any members. (G) Vacancies: A vacancy shall be filled for the remainder of the term by the City Council based on a recommendation from the Advisory Board and the Park and Recreation Advisory eommission. (H) Budget: The Parks and Recreation Director or designee shall review the annual operating and capital budget with the Advisory Board. ADOPTED this eity of Farmington. day of , 2004, by the eity eouncil of the eITY OF FARMINGTON By: Gerald G. Ristow, Mayor ATTEST: By: David M. Urbia, City Administrator SEAL Approved as to form the _ day of 2004 By: eity Attorney Published in the Farmington Independent the _day of ,2004. 71 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, eouncilmembers and eity Administrator r FROM: Randy Distad, Parks and Recreation Director SUBJECT: eapital Outlay - Parks DATE: June 7, 2004 INTRODUCTION The swing set and playground structure in Rambling River Park is currently not accessible to people with disabilities. DISCUSSION When the playground equipment in Rambling River Park was installed several years ago, the intent was to construct a concrete path with a poured in place rubber surface material to the swing set and playground structure in order to make them accessible to people with disabilities. However, this part of the project was never completed. Staff solicited quotes from playground vendors and Earl F. Andersen from Bloomington, Minnesota submitted the low quote in the amount of $5,891.65 to complete this work. eompleting this work will bring the playground equipment into compliance with the Federal Access Board and American's with Disabilities Act accessibility requirements. Attached with this memo is a drawing of the accessible path to the playground structure (Exhibit A) and to the swings (Exhibit B). BUDGET IMPACT There are funds available in the 2004 Park Improvement Fund budget to cover the cost of constructing the concrete base and installation of the poured in place rubber surfacing material. ACTION REQUESTED No action is requested. This is for informational purposes only. ~:4:&~ Randy Distad, Parks and Recreation Director cc: Don Hayes , / / I I \ \ 2 04 by Eorl f. Ande en, Inc.. All Rights Reserved. 5~h'r b~ A HARD SURFACE ACCESS PATH FUTURE WHEELCHAIR ACCESSIBLE '\ SYNTHETIC RESILIENT SURFACE WITH BEVELED EDGE. 48" FALL HEIGHT AREA 82 SO. FT. / / I ) ,/ WHEELCHAIR ACCESSIBLE' SYNTHETIC RESILIENT SURFACE WITH BEVELED EDGE. 48" FAll H~I r--. \ AREA 102 SO \ '---/ / V - ........... '" \..-- --- ~ ~tt~~v. ;#~ -- -- 115223 BUBBLE PANEL 1152 BUBBLE 111325 F1REPOLE 111355 ARCH CHAIN lADDER 118457 SHIP BOW ASY. l1140JA 182' ROOf POST MOO. W! flAG POLE ./ .,./ .-/ RAMBLING R IVER PARK FARMINGTON MAR. 29. 2004- <= C4-521B -= CALE. 3/1'::::'''. 3 . o;;;;J 1 '_0" LEfT BOW ~~ '-.:y fRONT BOW POST "- E)[~{b;+ B 120893 SUPER SCOOP (ACCESSIBLE) ,IEEI~C~AIR ACCESSIBLEt-'\ SYNTHETIC RESILIENT URFACE WITH BEVELED DGE, 48>> FAlL HEIGJ:l-T , - -- '-... AREA 102 SO Fr. .. \ '" /. , @ 2004 b Earl F. Andersen, In<::)\ All Rights Reserved. \..-- - - r \ \ \ \ \ - ~ - - - - - - --\ -- \ \ \ \ \ l- - - 9' _6>> HEIGHT 6 PLACE BELT SWING -\ \ \ \ \ \ f WHEELCHAIR ACCESSIBLE '\ SYNTHETIC RESILIENT SURFACE WITH BEVELED EDGE, 96>> FALL HEIGHT AREA 111 SQ. FT. "" ./ - - - - - - L------ - ~--- ./' --- 1l~ '-t-- RAMBLING RIVER PARK FARMINGTON MAR. 29, 2004 C45Z1B3 SCALE: 3/1 611 =' 1 '-Oil 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Ei1 Mayor and eouncilmembers eity Administrator FROM: Daniel M. Siebenaler, Police ehief SUBJECT: Dakota eounty Drug Task Force Renewal of Joint Powers Agreement DATE: June 7, 2004 INTRODUCTION The eity of Farmington participates through its police department a member of the Dakota eounty Drug Task Force. The task force is organized around a Joint Powers Agreement signed by all participants. That Joint Powers Agreement will expire on June 30, 2004. DISCUSSION The eity of Farmington benefits from its participation in Dakota County Drug Task Force in the investigation of all drug cases in the city. eases initiated by the Farmington Police are turned over to the task force for follow-up and prosecution. The expense of operating an independent Narcotics Division within the Farmington Police Department would be prohibitive. The attached Joint Powers Agreement will be effective for the participants from July 1, 2004 through December 31, 2004. The limited duration of this agreement is necessitated by the uncertainty of Federal Grant funding beyond that time. If Federal funding is terminated or reduced the participants will be in a position to make an informed decision about the future of the Dakota eounty Drug Task Force. Authorization of a new Joint Powers Agreement will be required before the end of 2004 to continue membership. BUDGET IMPACT Participation is included in the 2004 budget. ACTION REQUESTED Authorize signature for participation in the Joint Powers Agreement for the Dakota eounty Drug Task Force for the remainder of 2004. Respectfully submitted, 9tL~ Daniel M. Siebenaler ehief of Police DAKOTA COUNTY DRUG TASKFORCE 2004 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes ~471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: eity of Apple Valley eity of Burnsville eity of Eagan eity of Farmington eity of Hastings eity of Inver Grove Heights eity of Lakeville eity of Mendota Heights eity of Rosemount eity of Savage eity of South St. Paul eity of West St. Paul Dakota eounty 4. State and Local Assistance for Narcotics Control Program. The eity of Burnsville, acting on behalf of the Dakota eounty Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics eontrol Program ("grant funds"). The Burnsville eity Manager shall be the "authorized official" as defmed in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chief's or sheriff's pleasure. The Dakota eounty Attorney shall appoint one board member to serve at the eounty Attorney's pleasure. Board members appointed by the police chiefs and DAKOTA COUNTY DRUG TASK FORCE 1 2004 JOINT POWERS AGREEMENT sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice- chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of two-thirds (2/3rds) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent-in-eharge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force; this appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its power. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the [mancial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2 2004 JOINT POWERS AGREEMENT 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the Dakota eounty Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.11 The Board may receive real or personal property by grant, devise or bequest for the use of the Task Force. 7. Finance. 7.1 The members intend to fund the cost of operation of the Task Force from July 1, 2004 through December 31,2004 totaling $157,238 as follows: (1) $125,790 representing grant funds, and (2) $31,448 representing matching funds from member cities and eounty. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000 from the Dakota eounty Sheriff s contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the eity of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the eity of Burnsville depository without the signature of the Task Force Secretary/Treasurer or Agent-in-eharge, or the ehairman in the absence of the Secretary/Treasurer or Agent-in-eharge. 7.3 The Board shall receive a monthly fmancial report of all expenditures and receipts, and current fund balances from the Secretary/Treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2004 salary and benefits of the full-time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. DAKOTA COUNTY DRUG TASK FORCE 3 2004 JOINT POWERS AGREEMENT 7.6 The Board may not incur debts. 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the Task Force receiving at least $125,790 in grant funds between July I and December 31, 2004. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: eity of Apple Valley eity of Bumsville eity of Eagan eity of Farmington eity of Hastings City of Inver Grove Heights eity of Lakeville eity of Mendota Heights eity of Rosemount eity of Savage eity of South St. Paul eity of West St. Paul Dakota eounty One (1) Full Time Equivalent (FTE) One (I) FTE One (I) FTE One Seventeen-Hundredth (.17) FTE One Half (.50) FTE One (1) FTE One (1) FTE One Quarter (.25) FTE One Twenty-Hundredth (.20) FTE One Quarter (.25) FTE One Half (.50) FTE One (1) FTE Four (4) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-eharge to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating DAKOTA COUNTY DRUG TASK FORCE 4 2004 JOINT POWERS AGREEMENT costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffmg assigned to the Task Force as shown in 8.1. 9. Agent-in-Charge and Team Leader(s). 9.1 From the full-time Agents assigned by members, an Agent-in-eharge shall be appointed by the Board and serve at its pleasure. The Agent-in-eharge must be a full- time, licensed supervisory peace officer of a member. The Agent-in-eharge shall remain an employee of the member city or eounty. 9.2 The Agent-in-eharge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-eharge is responsible for staffmg, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-eharge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. The difference between the rate of pay the Agent-in-eharge would normally have received from the member agency and the rate of pay for the member's first-line supervisor will be paid by the Task Force. 9.3 The Agent-in-eharge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-eharge is absent. The difference between the rate of pay, if any, the Team Leader(s) would normally have received from the member agency and the rate of pay for the member's fIrst-line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or eounty at all times. DAKOTA COUNTY DRUG TASK FORCE 5 2004 JOINT POWERS AGREEMENT 9.5 The duties, responsibilities and authority ofthe Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph 9.2 herein. If there is more than one Team Leader, the Agent-in-eharge will assign one Team Leader to act as Agent-in-eharge while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. The Board may vote to divide all remaining forfeited items among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by eourt Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, ehapter 466. 12. Duration. 12.1 This Agreement shall take full effect on July 1,2004. All members need not sign the same copy. The signed Agreement shall be filed with the eity of Bumsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on December 31, 2004, unless extended by further written agreement of the parties. The State of Minnesota, Department of Public Safety has stipulated that all grant money received for the period of July 1 to December 31, 2004 shall be in an amount equal to 50% of the grant award in fiscal year 2003. Grant provisions beyond December 31, 2004 are currently under review by the State. 12.3 This Agreement may be terminated at any time by the written agreement of a majority of the members. 12.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. DAKOTA COUNTY DRUG TASK FORCE 6 2004 JOINT POWERS AGREEMENT IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 9471.59. Approved by the eity eouncil CITY OF APPLE VALLEY Date By Date of Signature Attest Date of Signature Approved by the eity eouncil CITY OF BURNSVILLE Date By Date of Signature Attest Date of Signature Approved by the eity eouncil CITY OF EAGAN Date By Date of Signature Attest Date of Signature Approved by the eity eouncil CITY OF FARMINGTON Date By Date~'~ Attes . ~ Dale of ignature ~~ n < ;j;. :1...00"'1 Approved by the eity eouncil CITY OF HASTINGS DAKOTA COUNTY DRUG TASK FORCE 7 2004 JOINT POWERS AGREEMENT ?-t City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and eouncilm~~A/.A' eity Administrator ~'~ FROM: Daniel M. Siebenaler, Police ehief SUBJECT: Emergency Operations Plan revision DATE: June 7, 2004 INTRODUCTION / DISCUSSION Staff has prepared a revision of the eity of Farmington Emergency Operations Plan as required by the Federal Emergency Management Agency (FEMA). The revision has been completed to include a Terrorism Annex N. ACTION REQUESTED Review and approve the Emergency Operations Plan as revised. Upon eity eouncil approval and appropriate signatures, staff will prepare the necessary copies and forward them to those parties identified in the document. Respectfully submitted, Daniel M. Siebenaler ehief of Police CITY OF FARMINGTON EMERGENCY OPERATIONS PLAN City of Farmington Emergency Operations Plan Revisions: 4 Original 08/31/87 Revised 12/03/92 Revised 05/15/98 Revised 05/19/03 Revised 06/07/04 -------------------------------------------------------------------------------------------- Verification of Plan Approval The City of Farmington Emergency Operation Plan has been reviewed by the City Council and by the Farmington Emergency Management Director on this date. Mayor, Gerald Ristow Date Emergency Management Director Date Daniel M. Siebenaler City of Farmington Emergency Operations Basic Plan Revision 4 ------------------------------------------------------------------------------------------- FORWARD The basic purpose of this plan is to provide a guide for emergency operations. The plan is intended to assist key eity Officials and emergency organizations to carry out their responsibilities for the protection of life and property under a wide range of emergency conditions. Although an organization may have the foresight to plan for unanticipated situations, such planning is of little worth if the planning is not reduced to written form. Personnel with intimate knowledge of unwritten plans may be unavailable at the very time it becomes necessary to implement them. A written plan will furnish a documentary record which can be referred to as needed. This documentary record will serve to refresh the knowledge of key individuals and can be used to inform persons who become replacements. Transfer of Office This document shall remain the property of The City of Farmington Upon termination of office by reason of resignation, election, suspension, or dismissal, the holder of this document shall transfer it to his successor or to the Farmington Emergency Management Director. eopyNo. _1_ eopyNo._2_ eopyNo. _3_ eopyNo._4_ eopyNo. _5_ Copy No. _6_ Assigned to: Position: Daniel M. Siebenaler Emergency Management Director Assigned to: Lee Mann Position: Assistant E M D Assigned to: Jerry Ristow Position: Mayor Assigned to: Dave Urbia Position: eity Administrator Assigned to: Laeelle eordes Position: Acting Mayor Assigned to: Ken Kuchera Position: Fire ehief eopyNo._7_ Assigned to: Lisa Shaddick Position: Administrative Services Manager eopyNo._S_ Assigned to: Randy Distad Position: Director of Parks and Recreation eopyNo._9_ Assigned to: Robin Roland Position: Finance Director eopyNo._IO_ Assigned to: Kevin Mincke Position: Police Sergeant (Acting ehief of Police) eopyNo. _ 11 Assigned to: Jim Murphy - Position: Police Sergeant (Acting ehief of Police) eopyNo. _ 12 Assigned to: Bill Weierke Position: Superintendent of Public Works eopy No. _13_ Assigned to: Tom Kelly Position: Director of ALF Ambulance Service eopyNo. _ 14 Assigned to: Farmington Police Department Position: Office eopy eopyNo. _15_ Assigned to: Farmington Fire Department Position: Office eopy eopyNo. _16_ Assigned to: Public Works Department Position: Office eopy eopyNo. _17_ Assigned to: Administration Department Position: Office eopy eopy No. _ 18 Assigned to: Lakeville Police Department - Position: Dipatcher's Office eopy eopy No. _ 19 Assigned to: Dakota eounty Library Position: Public eopy eopyNo. _20_ Assigned to: Dakota eounty Library Position: Public eopy eity of Farmington Emergency Operations Plan Table of eontents Revision 4 ------------------------------------------------------------------------------------------------------------- TABLE OF CONTENTS BASIC PLAN PAGE No. 1. Reason for Plan ----------------------------------------------------- I II. Purpose of Plan------------------------------------------------------ 1 m. Legal Basics and References-------------------------------------- I IV. Organization--------------------------------------------------------- I el1art l\----------------------------------------------------------- 2 V. Direction and eontrol---------------------------------------------- 3 VI. Emergency Responsibility Assignments------------------------ 3 el1art B---------------------------------------------------------- 4,5 VIT. Operations Policies------------------------------------------------- 6 vm. Support A. National Guard--------------------------------------------- 6 B. State and Federal Agencies------------------------------- 7 IX. Plan Updating and Distribution----------------------------------- 7,8 ANNEXES A. B. e. D. E. F. G. H. Waming and Notification------------------------------------------ I>irectioIl an<l eOIltrol----------------------------------------------- Emergency Public Information------------------------------------ Search and Rescue-------------------------------------------------- Health / Medical----------------------------------------------------- Evacuation and Traffic eontrol------------------------------------ Fire }>rotectioIl------------------------------------------------------- I>amage l\ssessrneIlt------------------------------------------------- TAB A B e D E F G H -i- eity of Farmington Emergency Operations Plan Table of eontents Revision 4 -------------------------------------------------------------------------------------------------------- Table of eontents (continued) ANNEXES TAB I. eongregate eare----------------------------------------------------- I J. Debris elearance----------------------------------------------------- J K. Utilities Restoration------------------------------------------------- K L. Radiological Protection--------------------------------------------- L 1v1. IIazarclolls 1v1aterials------------------------------------------------- 1v1 ~. 1rerrorisrn-------------------------------------------------------------- ~ Supplemental Information - i i - eity of Farmington Emergency Operations Plan Basic Plan Revision 4 --------------------------------------------------------------------------------------------------------- I. Reason for Plan Tornadoes, floods, blizzards and other natural disasters can affect the eity of Farmington. In addition, major disasters such as train wrecks, plane crashes, explosions, accidental releases of hazardous materials and enemy attack pose a potential threat to public safety in Farmington. An emergency plan is needed to ensure the protection of the public from the effects of these hazards. II. Purpose of Plan The City of Farmington has many capabilities and resources that could be used in response to any major disaster. These include the facilities, equipment, manpower and skills of both government and non-government professions and groups in Farmington. The purpose of this plan is to ensure the effective, coordinated use of these resources so as to: A. Maximize the protection of life and property. B. Ensure the continuity of government. C. Sustain survivors. D. Repair essential facilities and utilities. III. Legal Basis and References A. Public Law 920, as amended. B. Minnesota Statutes, ehapter 12, as amended. e. eity of Farmington, Ordinance No. 2-1-2 thru 2-1-6 eharter date: February 23, 1881 Amended date: Aprill2, 1894 eity eode date: December 7, 1970 IV. Organization Existing government is the basis for emergency operations. That is, government agencies will perform emergency activities related to those they perform on a day-to-day basis. eity organization and inter-relationships are shown on ehart A of this basic plan. -1 - eity of Farmington Emergency Operations Plan Basic Plan Revision 4 ---------------------------------------------------------------------------------------------------------- CITY ORGANIZATION AND INTER-RELATIONSHIPS MAYOR / CITY COUNCIL EMERGENCY MANAGEMENT DIRECTOR CITY ADMINISTRATOR POLICE FIRE CITY ADMIN PLANNING FINANCE PARK & REC. DEPT DEPT ENGINEER ASSIST DIRECTOR DIRECTOR DIRECTOR 911 Fire Inspections Buildings & Services Marshall Grounds Supervisors 2- eity of Farmington Emergency Operations Plan Basic Plan Revision 4 ---------------------------------------------------------------------------------------------------------- V. Direction and Control The direction and control of government operations from a central, protected facility with adequate communications and key personnel is essential to the conduct of emergency operations. The Mayor is responsible for the declaration of an emergency. Once an emergency has been declared in the eity of Farmington, the Mayor will delegate authority to the eity of Farmington Emergency Management Director to provide over-all direction and control ofeity Government resources needed to respond to a disaster. The Emergency Management Director will coordinate all aspects of this plan. The City Emergency Management director will also serve as a liaison with the Dakota eounty Emergency Operations eenter. Direction and control of the city's response to a major disaster will take place from the Farmington Emergency Operating eenter (EOe). Under normal circumstances the eity EOe will be located at 19500 Municipal Drive Farmington, MN 55024 (For additional EOC information such as staffing, communications, etc., refer to Direction and eontrol Annex to this Plan.) VI. Emergency Responsibility Assignments A. A summary of the eity of Farmington emergency responsibility assignments, by function, is shown on ehart B. Heads of various city government departments and agencies will be responsible for carrying out the assignments shown on this chart. B. Responsibilities have been assigned a code letter: "P" "S" or "e". 1. "P" indicates primary operational responsibility, which means the official or agency is in charge of and responsible to make provisions for, that function. 2. "S" indicates support responsibility, which means the agency so designated will, if possible, support and assist the official or agency designated primarily responsibility. 3. "e" indicates coordination responsibility, and is assigned when several agencies have support capabilities but no specific official or agency has obvious primary responsibility. This will be especially true when non-government agencies are involved. eity of Farmington Emergency Operations Plan -3- ---------------------------------------------------------------------------------------------------------- ehart B Basic Plan Revision 4 EMERGENCY RESPONSIBILITY ASSIGNMENTS Code "P" = Primary, "S" = Support, "C" = Coordination FUNCTION RESPONSIBLE CODE REMARKS AGENCIES I. Declaration Mayor P eity Administrator S 2. Warning and Farmington Police P Notification Lakeville Police Dispatch S National Weather S Dakota eo. Sheriff S FAA (Mpls etr) S 3. Direction and Farmington Police P eontrol Lakeville Police S 4. Emergency Public Information 5. Search and Rescue 6. Health and Medical 7. Evacuation and Traffic eontrol PIO P (page e-l) Admin. Services S eharter eable S KDW A Radio S KDHL Radio S F gtn Independent S Farmington Fire P Dakota eo. MAAG S DeSO. eanine S Fairview Ridges P Hospital. River Valley elinic S Regions Hospital S HeMe S ALF Ambulance S Farmington Rescue S Farmington Police P DCSO S State Patrol S Mutual Aid Depts S Farmington Fire S eity of Farmington Emergency Operations Plan -4- ---------------------------------------------------------------------------------------------------- ehart B Basic Plan Revision 4 8. Fire Protection 9. Damage Assessment 10. eongregate eare 11. Roadway Debris 12. Debris (General) 13. Utilities Restoration Farmington Fire Lakeville Fire Apple Valley Fire Rosemount Fire Northfield Fire eity Engineer P Building Official S State Patrol Air Wing S Red eross S Fire Marshal S Park & Rec. Dir. S Park & Rec. Dir. P Red eross S Salvation Army S eity Engineer P Dakota eo. Hwy S MnDOT S Park & Rec. Dir. P City Engineer S Private eontractors S NSP P Dakota Electric P Peoples Nat. Gas P Northern Natural Gas P Frontier Telephone P Northwestern Bell P eharter eable S 14. Radiological Response State Patrol P 15. HazMat Response Fire Department MN Haz Mat Mutual Aid Fire P S S S S Red eross and Salv. Army have disaster teams. Red eross and Salv. Army are prepared to coordinate and supervise large numbers of volunteers used in clean up operations. Heavy equipment & Street Sweepers from private sector. P S S -5- eity of Farmington Emergency Operations Plan Basic Plan Revision 4 ------------------------------------------------------------------------------------------------------------- VII. Operations Policies A. Protection of life and property during an emergency is the primary responsibility of government at all levels. B. In an emergency affecting more than one political jurisdiction, officials of all jurisdictions involved will coordinate their services to the maximum extent possible, with priority on elimination and prevention of life threatening situations. C. The Dakota eounty Emergency Management Director will assist in providing resource coordination between government agencies and the private sector. D. eity government resources must be utilized to the maximum before state or federal assistance will be made available. E. Each agency, department or service of city government will provide for the maintenance of records associated with their primary and support services during an emergency. These records should include but not be limited to, work hours, equipment hours, supplies and materials consumed, injuries to personnel and damage to public facilities and equipment. VIII. Support A. National Guard I. Overview When a natural disaster or other major emergency has been declared and is beyond the resource capabilities of the eity of Farmington, support from National Guard units may be available. Only the Governor, as eommander-in-ehief of the Minnesota National Guard, has the authority to activate the Guard. The purpose of the activation is to ensure the preservation oflife and property and to support civil law enforcement agencies. a. National Guard assistance will compliment and not substitute for city participation in emergency operations response. -6- eity of Farmington Emergency Operations Plan Basic Plan Revision 4 ------------------------------------------------------------------------------------------------------------- b. Ifmade available, National Guard personnel remain under military command at all times, but will support and assist city forces in the accomplishment of a specific task or tasks. 2. Request Procedure In the case of the County and all cities not of the First elass, including the eity of Farmington, the Sheriff must submit a request for assistance to the Governor's Office. B. State and Federal Agencies I. A summary of state and federal response programs available to local governments which are experiencing or have experienced a disaster is contained in Disaster Response and Recovery: A Handbook for Local Government. This document was developed by the Minnesota Division of Emergency Services (DES) and id on file with the Dakota eounty Emergency Management Director. The County Emergency Management Director can be contacted by pager through the Dakota County Sheriff's Office. 437-4211 2. Information and assistance in securing state or federal support may be obtained by contacting the Dakota eounty Emergency Management Director at the number listed above, or in the event of no local response, the State Duty Officer at (612)-649-5451 or 1-800- 422-0789. IX. Plan Updating and Distributing A. For purposes ofthis plan, the eity of Farmington Emergency Management Director shall serve as the planning coordinator. As such the director will have overall authority and responsibility for maintenance and implementation ofthis plan. B. This plan will be reviewed and updated to ensure accuracy of information as often as necessary, but at least every two years. The Farmington Emergency Management Director will be responsible for ensuring that this updating occurs in accord with the schedule and procedures established by Minnesota Division of Emergency Services. (See Bulletin No. 85-1) -7- eity of Farmington Emergency Operations Plan Basic Plan Revision 4 In order to carry out this task the local Director may request assistance from the Dakota eounty Emergency Management Director. Actual revisions to this plan must be approved by the Dakota eounty Emergency Director and by vote of the Farmington eity eouncil. e. This plan will be distributed to all Departments ofthe eity of Farmington and agencies which have primary emergency assignments in the event of disaster declaration in the eity of Farmington. A plan distribution list will be maintained by the Emergency Management Director as part of this plan. (See distribution list at front of this document.) 8- eity of Farmington Emergency Operations Plan Annex A Warning and Notification Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose To provide and overview of the responsibilities and the procedures whereby the notification of key city officials and the warning of the general public are accomplished. II. Responsibilities A. The Dakota eounty Sheriff s Office is the Dakota eounty Warning Point. The eounty Warning Point is responsible for relaying warnings to the Farmington Police Department which, in turn, serves as the eity Warning Point. B. As the eity Warning Point, the Farmington Police Department is responsible for ensuring that all warnings and notifications which it receives are handled properly. C. Upon receipt of a warning, the eity Warning Point is responsible for: I. Activating the city's outdoor warning system. 2. Notifying key city government officials. 3. Notifying certain private and public facilities. (Hospitals, Nursing Homes, Schools, eable TVetc.) (For specific information on who is to be notified and how, see the city of Farmington Warning Plan.) A-I eity of Farmington Emergency Operations Plan Annex B Direction and eontrol / EOe Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose To describe how the direction and control of the eity of Farmington response to a disaster will be accomplished. II. Responsibilities A. The Mayor is responsible for the Declaration of an Emergency within the city either independently or upon recommendation of the Emergency Management Director. In order to ensure a timely emergency response, in the absence of the Mayor, the line of succession of authority is as follows: Mayor: (Elected) Acting Mayor: (Annual Appointment) eity Administrator: (eity eouncil Appointed) Emergency Management Director Gerald Ristow David Urbia Dan Siebenaler B. The Mayor will delegate authority to the Emergency Management Director of Farmington to be responsible for providing overall direction and control of the city government resources involved in the response to a disaster and to coordinate all aspects of this plan. In order to ensure a timely emergency response the line of succession to the Emergency Management Director is as follows: Director: Deputy Director: eity Administrator: Daniel M. Siebenaler, Police chief Lee Mann, eity Engineer David Urbia III. City of Farmington, Emergency Operating Center Direction and control of Farmington's response to a disaster will be carried out at the Farmington EOe. The EOe is located at the Farmington Police Department at 19500 Municipal Drive Farmington, MN 55024. If for some reason the EOe is not usable at the time of a disaster declaration, the Farmington eity Hall building will serve as the alternate EOe. B-1 eity of Farmington Emergency Operations Plan Annex B Direction and eontrol / EOC Revision 4 ------------------------------------------------------------------------------------------------------------- A. eriteria for activation of the EOe The EOe will be fully activated and staffed upon the occurrence of a disaster in the eity of Farmington and a declaration of that disaster by the responsible authority. The EOe may be partially activated in response to a threat or potential threat to the safety of the citizens of Farmington at the discretion of the Emergency Management Director. B. Responsibility for EOe Activation In the event of a major disaster, EOe Staff would be expected to report automatically and immediately to the EOe. However, the Farmington Emergency Management Director is responsible for ensuring that the EOe is activated according to the criteria discussed above. C. Staffing the EOe The Staffing list for the Farmington EOe is on file with the Farmington Emergency Management Director. Each Department, Division or Agency which is delegated primary responsibility for operations in the Basic Plan is responsible for ensuring that a representative is assigned to the EOe and is familiar with the duties he / she is expected to perform at the EOe. D. EOe Equipment and Supplies The Farmington Emergency director is responsible for ensuring that the EOe is operational, that the necessary maps, displays, tables and chairs, communications equipment, message logs, etc. are on hand and available for use. All resources of the eity of Farmington shall be made available for this purpose and distributed according to need. Resources unavailable at the time of a disaster declaration will be made available through Mutual Aid Agreements or purchase at the direction of the Emergency Management Director or his delegated responsible authority. B-2 eity of Farmington Emergency Operations Plan Annex B Direction and eontrol / EOe Revision 4 ------------------------------------------------------------------------------------------------------------- E. eommunications eapability of the EOe eommunications will be maintained through use of Telephone, Nextel, Police Radio, Fire Radio and, as available Amatuer Radio I. Farmington EOe to other municipalities within the Dakota eounty. 2. Farmington EOe to the Dakota eounty EOe. 3. Farmington EOe to ALF Ambulance 4. Farmington EOe to state and regional EOes. 5. Farmington EOe to eity Department field units. 6. Radio Amateur eivil Emergency Service. (RAeES) F. The eity of Farmington has vehicles which can be dispatched to the scene of a disaster. These vehicles have the capability of communicating with all necessary points of contact by way of radio and cellular telephone services. Response vehicles not equipped with either ofthese devices will be so equipped before responding to the scene of any disaster. G. The Farmington EOe has an emergency (back-up) power source. IV. Supporting Documentation The following support materials are kept on file as described and in the office of the Emergency Management Director. 1. Resource Manual for lists of equipment and supplies. (Department Heads) 2. RAeES radio Plan. (Office of the Dakota eounty Emergency Management Director) 3. EOe operating procedures. V. Authentication Date Signature Emergency Management Director Daniel M. Siebenaler B-3 eity of Farmington Emergency Operations Plan Annex e Emergency Public Information Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose To provide an overview of how emergency public information will be disseminated in the event of a disaster declaration. II. Spokesperson(s) The only official authorized to serve as the Public Information Officer for the eity of Farmington is the Emergency Management Director. In the absence of the EMD the Deputy Emergency Management Director shall act as the PIO. In the absence of both the Director and Deputy Director the eity Administrator may act as PIO or appoint an alternate PIO. The individual designated as PIO shall be given access to all information necessary to carry out their role as PIO for the eity of Farmington. III. Policies and Procedures A. If it becomes necessary to establish a news briefing room, a meeting room in eity Hall will be used for this purpose. News media personnel would be asked to report to this facility. Information will be released to media only through this facility. B. In the event a protracted disaster / emergency, news releases would be issued on a regular basis and otherwise as needed to meet the health and safety needs of the citizens of Farmington. C. Emergency public information would be disseminated through the following radio and lor television stations: (Listed alphabetically) 1. KDHL 2. KDWA 3. KSTP 4. weeo AM 1460 AM 1500 AM 830 AM 5. KARE TV 11 6. Fox TV 9 7. KSTP TV 5 8. eharter eable 9. weeo TV 4 C-l eity of Farmington Emergency Operations Plan Annex C Emergency Public Information Revision 4 ------------------------------------------------------------------------------------------------------------- IV. Support Documents Public information policy and supplements for release of information to radio, TV and newspapers are on file in the office of the Farmington Emergency Management Director. V. Authentication Date Mayor, Gerald Ristow Emergency Management Director Daniel M. Siebenaler C-2 eity of Farmington Emergency Operations Plan Annex D Search and Rescue Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose To describe how search and rescue would be accomplished in the eity of Farmington following a disaster. II. Responsibility Within the eity of Farmington, the primary responsibility for search and rescue belongs to the Farmington Fire Department Rescue Squad. Back up assistance for Farmington Fire is Mutual Aid from fire departments from surrounding municipalities and the Farmington Police Department. III. Supporting Agencies / Organizations A. Minnesota State Patrol Helicopter would be the primary resource in conducting air search operations. Activate through MN State Patrol. B. The eivil Air Patrol may be available as air support in search operations. C. The Dakota eounty Mutual Aid Assistance Group (MAAG) may be activated for ground search and rescue operations. Activate through Apple Valley Police Department. D. The following volunteer organizations would be available to assist with major search operations: 1. Dakota eounty Mounted Patrol, through Sheriff's Office. 2. Farmington Sno- Tigers through Gary Smith, 463-S045 3. Southern Dakota eounty Sportsman elub. 463-3464 IV. Authentication ------------------------------------------------------ Date Emergency Management Director Daniel M. Siebenaler D-l City of Farmington Emergency Operations Plan Annex E Health / Medical Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose To provide an overview of how the health / medical care needs of patients would be met in the event of a disaster. II. Primary Responsibilities A. The eity of Farmington Has no Emergency Hospital Facility. Injured or ill patients requiring hospital care will be transported to the primary medical facility for Farmington, Fairview Ridges Medical eenter. If the number of patients, or a patients medical condition requires the use of other facilities, those facilities shall be determined by the medical authority of ALF Ambulance or at the specific request of the patient. If other facilities are required due to damage, overcrowding or other reasons the following hospitals would be used: I. Regions Medical eenter, St.Paul, MN 2. Henneppen eounty Medical eenter, Mpls B. Primary ambulance services would be provided by ALF Ambulance Service. Ambulance services would be used to transport patients to primary care facilities. If additional ambulance services are needed due to excess demand, the need for more rapid transport or the inability of ALF to respond the following services may be used. I. Life Link Helicopter 2. Mayo Helicopter 3. North Air eare 4. Bumsville Fire Service, Ambulance 5. Hastings Fire Service, Ambulance 6. Others Services designated by ALF e. First Responder Services would be available to provide First Aid to victims of the disaster suffering from minor injuries or illness. Services will be provided by the Farmington Police Department and the Farmington Fire Department Rescue Squad. D. Emergency Mortuary Services associated with the disaster would be the responsibility of the Dakota eounty Medical Examiner. E-l eity of Farmington Emergency Operations Plan Annex E Health / Medical Revision 4 ------------------------------------------------------------------------------------------------------------- E. Serious potential or actual health threats (epidemics, food and/or water contamination, etc.) associated with the disaster would be the responsibility of the Dakota eounty Health Department. F. Inquiry and referral services would be provided to supply information on victims, patients and missing persons through a central contact point. Inquiry and referral services would be provided by the Red eross and/or the Salvation Army. III. Coordination If a serious disaster resulting in multiple casualties occurs in the eity of Farmington overall coordination of the various health! medical organizations response to the disaster would take place at the Farmington EOe. Fairview Ridges and ALF Ambulance Service are equipped with radio communications and cellular communications equipment and can therefore communicate among themselves and the EOC. IV. Supporting Plans and Personnel A. Fairview Ridges maintains a disaster response plan. B. - Fairview Ridges and ALF Ambulance Service have established procedures regarding referrals to other hospitals for injured or ill for patients. e. ALF Ambulance has entered into Mutual Aid Agreements with Bumsville Fire Department Ambulance Service, Health East Ambulance Service, Hastings Fire Department Ambulance Service, Northfield Ambulance Service and New Prague Ambulance Service. D. The Health / Medical Resource Appendix contains lists of pharmacies, sources of medical supplies, Doctors, Hospitals, Ambulance Services and health support services. V. Authentication ------------------------------------------------------ Date Emergency Management Director Daniel M. Siebenaler E-2 eity of Farmington Emergency Operations Plan Annex F Evacuation and Traffic eontrol Revision 4 ------------------------------------------------------------------------------------------------------- I. Purpose To outline how evacuation and traffic control would be carried out if they are required due to a disaster in Farmington. II. Responsibility Within the eity of Farmington, the Farmington Police Department would be responsible for coordinating any large scale evacuation that might be associated with a disaster. Back up assistance would be available from the Dakota eounty Sheriffs Office, State Patrol, Mutual Aid Agreements and the Farmington Fire Department. III. Procedures A. Residents to be evacuated would be notified of the need to evacuate by the Farmington Police Department via radio, television, and public address system. B. In order to ensure public safety and prevent loss of property, law enforcement personnel would establish traffic control points (if needed) as designated by the Police ehief or his Designee. e. Mobility impaired individuals, unable to evacuate themselves would receive assistance from Marschall Bus Lines by calling a central contact point publicized with evacuation notification. IV. Resources Available Note that if personnel are used in a support service who are not familiar with the eity Geography additional local personnel will be required as escorts. A. ALF Ambulance Service, or a Service designated by them, would be available to transport non-ambulatory individuals. F-l City of Farmington Emergency Operations Plan Annex F Evacuation and Traffic Control Revision 4 ------------------------------------------------------------------------------------------------------------- B. Marschall Bus Lines could provide buses, if needed, to assist in the evacuation process. C. Farmington Fire Department personnel would be available if needed in any support services. v. Authentication -------------------------------------------------- Date Emergency Management Director Daniel M. Siebenaler F-2 City of Farmington Emergency Operations Plan Annex G Fire Protection Revision 4 I. Purpose ------------------------------------------------------------------------------------------------------------- To summarize how fire protection is provided in the City of Farmington. II. Responsibility Fire protection in Farmington is provided by the Farmington Fire department. This is a volunteer fire department, which has approximately thirty-six (36) members. III. Mutual Aid Agreements The Farmington Fire Department participates in a mutual aid agreement that involves the following other fire departments: 1. All fire departments in Dakota County. Written mutual aid agreements exist and are on file with the Fire Chief and City Hall. IV. Communications Capability Farmington fire department vehicles are equipped with the following radio communications equipment and frequencies. 1. 2. 3. 4. 5. 6. 7. 8. Farmington Fire 9. Statewide Fire 10. Truck to Truck 11. Dakota Co. Sheriff 12. Fgtn / Lkvll Police 13. Lkvll Fire 14. A V Police 15. Scott Co. / New Market Fire 16. V. Authentication Date Burnsville Fire/ Police Mendota Heights /W. St. Paul So. St. Paul Fire Cannon Falls Fire Eagan Fire Statewide Police Regional / SSMC Portables Only Farmington Fire Chief Ken Kuchera G-l City of Farmington Emergency Operations Plan Annex H Damage Assessment Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose To provide an overview of how damage assessment would be accomplished in the City of Farmington following a disaster. II. Responsibilities A. The Farmington City Emergency Management Director is responsible for: 1. Developing and maintaining a damage assessment "team" composed of municipal and / or private agency representatives. 2. Maintaining an up to date listing of damage assessment personnel. 3. Maintaining the procedures to be followed for damage assessment. 4. Coordinating the damage assessment process (following the occurrence of a disaster.) B. City Government officials who, depending upon the nature ofthe disaster, would participate in a damage assessment effort: 1. City Engineer / Public Works Director 2. City Building Official / Inspector(s) 3. Fire Marshal 4. Fire Chief 5. Park and Recreation Director C. County Government Officials who would potentially participate in a damage assessment effort: 1. County Emergency Management Director 2. County Engineer 3. County Assessor 4. County Social Services Director H-l City of Farmington Emergency Operations Plan Annex I Congregate Care Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose To describe how the congregate care (emergency housing, feeding, clothing and counseling) needs of the City of Farmington residents would be met in the event of a disaster. II. Responsibilities A. The City of Farmington, St. Paul Chapter of the Red Cross and the Salvation Army along with private sector agencies are responsible for ensuring that the congregate care needs of disaster victims are met. 1. 2. 3. 4. Emergency housing -- Emergency feeding---- Emergency clothing--- Counseling------------- Red Cross* Red Cross/ Salvation Army Red Cross/ Salvation Army Red Cross B. Additional Responsibilities 1. 2. Registration of Victims Inquiry and Referral (Regarding disaster victims) Red Cross Red Cross * Or other agencies at the direction ofthe Red Cross. III. Coordination of Congregate Care The Red Cross would be responsible for providing overall coordination of congregate care functions. In order to facilitate this coordination, the City Administrator would provide a representative for the EOC to act as liaison to the Red Cross. IV. Facilities The Farmington Senior Center shall be made available as a relief center to the Red Cross. 1-1 City of Farmington Emergency Operations Plan Annex J Debris Removal Revision 4 ------------------------------------------------------------------------------------------------------------- CONTRACTED SERVICES The primary responsibility for clean up operations in the City of Farmington after a natural disaster will be held by the Farmington Public Works Department. It is recognized that in order to ensure a proper response, some events will require additional resources. The following list of contractors has provided after hours contact numbers and a list of equipment available in the event of a natural disaster in the City of Farmington. In order to ensure a timely and responsible solution to a natural disaster, All contractors performing work in the City of Farmington as part of a clean up operation after a natural disaster shall be registered with the City Emergency Operations Center. At the time of registration, they will provide proof of proper license and insurance associated with their area of expertise. ------------------------------------------------------------------------------------------------------------- City of Farmington Bill Weierke 651-463-3553 (Home) Equipment available. Dump Trucks, Backhoe, Front end loader, skidster, Jack hammer ------------------------------------------------ Darrel Gilmer Excavating 651-463-7273 Answering Service and two-way radio communications. Equipment available. Back hoe, Large Dozer, Dump trucks, Skidster ------------------------------------------------ Freidge's Excavating 952-469-2996 John Freidge's 952-469-1847 (unlisted) Equipment available. Full line of Dozers, Back hoes, Scrapers, skidsters, etc. ------------------------------------------------ Hoffbeck Trucking 952-469-2199 Bill Hoffbeck 952-469-1718 Alternate 952-463-2199 Equipment available. Trucks, Back hoe with clam. Full line of equipment. Authentication --------------------------------------------- Date Emergency Management Director Daniel M. Siebenaler J-l City ofFaimington Emergency Operations Plan Annex J Debris Removal Revision 4 SAND, GRAVEL, DIRT: (Supply, move, remove) Independent Black Dirt Jerry Royle Adam Royle 651-463-2271 651-463-7613 651-460-2086 Fischer Sand and Gravel John Erickson 952-432-7132 952-471-9560 (After hours) Hedberg Aggregates Steve Hedberg 651-423-5320 612-476-8022 (Home) TREE SERVICES After a natural disaster, the primary goal of the City of Farmington regarding trees, is the rapid removal of debris from roadways to facilitate other responses. In addition the City will endeavor to provide responsible, professional, insured resources to the residents of Farmington. Aspenwall Tree Service 6511-463-8337 Speight Tree Service 651-463-4419 H & H Tree Service 507-645-6901 Clark's Stump Removal 952-469-3607 STREET SWEEPING Restoration of essential services is hampered when debris on roadways includes objects capable of causing flat tires. A critical function, immediately after removal oflarge debris is clearing affected streets of such objects by sweeping. Farmington Public Department will hold primary responsibility for this function. The City does recognize the need to call upon other resources in the event of a large scale disaster. The Public Works Department shall maintain a list of street sweeping resources available for call. This list may include other municipal resources as well as private contractors. J-2 City of Farmington Emergency Operations Plan Annex K Utilities Restoration Revision 4 ------------------------------------------------------------------------------------------------------------ I. Purpose To provide an overview of how utility services would be restored following a disaster in the City of Farmington. II. Responsibilities The following government agencies and lor private sector organizations are responsible for providing utility services for the City of Farmington. A. Electric Service, Northern States Power, Dakota Electric Association. B. Gas Service, Peoples Natural Gas, Northern Natural Gas, William's Brothers Pipeline Company, Minnegasco C. Telephone Service, Frontier Communications, Northwestern Bell, U S Sprint. D. Sewer and Water Utilities, City of Farmington E. Other, Charter Cable. (Uses utility poles) III. Service Restoration A. Electrical Service 1. NSP 2. Dakota Electric Assoc. 1-800-641-4400 651-463-6286 B. Gas Service 1. People's Natural Gas 2. Northern Natural Gas 3. William's Pipeline Co. 4. Minnegasco 651-423-5900 651- 463-7126 1-918-588-3200 612-372-5050 K-l City of Farmington Emergency Operations Plan Annex K Utilities Restoration Revision 4 ------------------------------------------------------------------------------------------------------------- C. Telephone Service 1. Frontier Communication 2. US Sprint (Fiber Optics) 3. US West Communications 952-435-6699 1-800-521-0579 1-800-573-1311 D. Sewer and Water Utilities City of Farmington, Public Works Department Pager 651- 640-0667 Cellular 651- 889-6564 E. Other 1. Charter Cable Television 952-432-2610 v. Authentication Date Emergency Management Director Daniel M. Siebenaler K-2 City of Farmington Emergency Operations Plan Annex L Radiological Protection Revision 4 ------------------------------------------------------------------------------------------------------------- I. Purpose It is recognized that emergency situations could develop in which the City of Farmington residents could be exposed to hazardous radiological materials. Plans are needed to coordinate the response and recovery efforts ofthe City of Farmington to potential transportation accidents, industrial accidents, laboratory radiation incidents, military accidents or war. The purpose ofthis annex is to elaborate upon this function. II. County Radiological Protection Organization A. City Emergency Management Director B. City Radiological Officer C. Self Protection Monitors, shelter Radiological Monitors, Radiological Plotters, Radiological Analysts, and Radiological Response Team. The City of Farmington Emergency Management Director reports to the Mayor. In the event of an emergency posing a potential radiological threat, the Emergency Management Director shall activate the Farmington Radiological Protection Plan by contacting the Dakota County Emergency Management Director. III. Responsibility The City of Farmington Radiological Protection Plan has the responsibility to assure that the skills and knowledge, data and information (e.g. radiation readings, damage reports, exposure estimates), and materials needed to minimize the effects all radiological hazards in Farmington are available and utilized in time of emergency. Normally, Farmington will call upon the expertise or the Radiological Control Section of the Minnesota Department of Health for radiological expertise, instrumentation, guidance, decontamination and medical evaluation. L-l City of Farmington Emergency Operations Plan Annex L Radiological Protection Revision 4 ------------------------------------------------------------------------------------------------------------- A. Radiological Protection System Development and Maintenance The Farmington Emergency Management director is responsible for ensuring that a radiological protection system is available through County State and Federal resources. These resources can provide and operational system that can function to minimize the effects of radiation hazards in Farmington. B. Radiological Operations The Farmington Radiological Protection Plan is responsible for extremely localized radiological operations. Operations will take various forms, depending upon the emergency. The Farmington City Emergency Director will advise county officials which operations are necessary and appropriate. A series of actions might include: 1. J\ssessment 2. Sheltering 3. Decontamination 4. Inventory of radiological protection equipment. Date Emergency Management Director Daniel M. Siebenaler L-2 City of Farmington Emergency Operations Plan Annex L Radiological Protection Revision 4 ------------------------------------------------------------------------------------------------------------- Attachments: (On file in the Dakota County Emergency Management Director's Office. 1. Radiological Emergencies A. Local Radiological Emergencies 1. Transportation Incident Involving Radiological Materials. 2. Radiological Fixed Facility Incident. 3. Military Transportation Accident Involving Radiological Materials B. Widespread Radiological emergency C. Nuclear Power Plant Incidents (if applicable see Dakota County Emergency Response Plan for Prairie Island Nuclear Power Plant.) 2. Sheltering 3. Decontamination and Recovery 4. Inventory of radiological protection equipment. (See Dakota County Resource Manual) --------------------------------------------------------------- Date Dakota County Emergency Management Director David Gisch -------------------------------------------------------------- Date Farmington Emergency Management Director Daniel M. Siebenaler L-3 City of Farmington Emergency Operations Plan Annex M HazMat Response Revision 4 ------------------------------------------------------------------------------------------------------------- FARMINGTON FIRE DEPARTMENT HAZARDOUS MATERIAL RESPONSE - STANDARD OPERATION PROCEDURE- I. Definition A. Hazardous Material Any substance or material in a quantity or form that poses an unreasonable risk to health, safety and property. B. HJ.R.T. - Hazardous Incident Response Team II. Task A. The primary concern of the Farmington Fire Department is to protect lives and property from fires, explosions or uncontrolled leaks I spills of hazardous materials (liql!ids, solids or vapors). B. Fire Department control of incidents shall end when stabilization has been accomplished. Stabilization means that there is no longer a threat to life or an imminent hazard to property. m. Notification A. Each firefighter has a monitor pager and will be alerted by dispatch. Dispatch will activate the pager system and announce the type of incident and location. B. "First In" units and I or personnel may request special response of H.I.R.T. at the discretion of the senior firefighter I Officer. IV. Fire Department Operations A. "First In" units I personnel must be alerted to the possibility of a hazardous materials problem, when responding to an incident. The exact nature of the problem must be determined. In some cases there can be more than one problem. This data collection phase or "size up" must be made early. Once the above has been done, the first in units I personnel will notify all remaining response units ofthe hazardous situation. M-l City of Farmington Emergency Operations Plan Annex M HazMat Response Revision 4 ------------------------------------------------------------------------------------------------------------- V. General Precautions A. When responding, try to approach the site from up wind and up hill. B. Isolate the scene of the incident and surrounding area to at least 1000 feet. (This distance may be increased as the incident requires.) C. Never drive through any spilled material, through a vapor cloud or smoke. D. Only needed personnel shall enter the scene. (Stay out of vapor, smoke or spill.) E. Protect emergency response personnel and equipment from contaminants. Always use full protective gear including, but not limited to S.C.B.A. (Self contained breathing apparatus). F. Detain and isolate any persons and equipment that have contaminated by exposure to hazardous materials. G. Do not permit anyone to touch anything unnecessarily or retain as souvenirs any objects found in the incident area. VI. Priorities A. Life Hazard 1. Can we safely approach the scene? 2. Is anyone trapped? 3. Should traffic be diverted? 4. Will further excavation be necessary? B. Property I Environmental concerns 1. Can rescue, protection of endangered buildings and vehicles be accomplished with minimum risk to firefighters? 2. Are waterways, storm sewers or sanitary sewers affected? M-2 City of Farmington Emergency Operations Plan Annex M HazMat Response Revision 4 ------------------------------------------------------------------------------------------------------------- C. Attack I Withdraw Decision This decision is based on a number of factors and is a most critical decision. The immediate factors to consider are: 1. The magnitude of the incident. 2. Should HJ.R.T. be called. 3. The conviction that the outcome can be favorably altered by the action taken. 4. Proper protective gear. 5. Proper equipment. 6. Proper personnel resources available. The Fire Ground Commander (FGC) will determine what is needed to control the scene. H.I.R.T. will consult with the FGC in regard to ongoing strategy. Additional personnel will be called out if evacuation is needed. VII. Clearing the scene When the emergency is terminated, retreat to the isolation area. Do not return equipment back into service until H.I.R.T. checks out equipment and personnel to determine exposures and necessary decontamination. VIII. Follow up Immediately upon return to the station, the Fire Ground Commander shall complete a detailed written report ofthe HazMat incident and related activities. This report shall be submitted to the Fire Chief as soon as possible. IX. Record keeping All responding personnel involved with a HazMat incident shall be documented, including detail about their level of involvement. X. Mutual Aid The Farmington Fire Department has mutual aid agreements with neighboring fire departments to render aid to each other as needs dictate and local situations allow. M-3 City of Farmington Emergency Operations Plan Annex M HazMat Response Revision 4 ------------------------------------------------------------------------------------------------------------- XI. Authentication --------------------------------------------- Date Farmington Fire Chief Ken Kuchera M-4 City of Farmington Emergency Operations Plan Annex N TERRORISM I. Purpose To develop a comprehensive, coordinated, and integrated response capability involving all City departments. To effectively assess the threat of a vulnerability to acts of terrorism within the city, as well as prevent, mitigate, respond to and recover from an actual terrorist incident. A coordinated domestic preparedness plan should involve two distinct areas: 1. Crisis Management includes measures to identify, acquire, and plan the use of resources needed to anticipate, prevent and/or resolve a threat or act of terrorism. 2. Consequence Management includes measures to protect public health and safety, restore essential government services and provide emergency relief to government, businesses and individuals affected by the terrorism incident. II. Hazard Hazardous agents that may be used in a terrorist incident. 1. Chemical 2. Biological 3. Radiological 4. Nuclear 5. Explosive III. Situation 1. A Terrorist Incident is defined as: "A violent act, or an act dangerous to human life, in violation of the criminal laws of the United States, or of any State, to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives." 2. Terrorism may take the form of: Employment of Weapons of Mass Destruction (CBRNE) Radiological; legal radiological facilities, - nuclear power plant, hospitals and other sites. Hostage situations Sabotage 1 City of Farmington Emergency Operations Plan Annex N TERRORISM --------------------------------------------------------------------------------------------------------------------- 3. Federal law dictates that all acts ofterrorism, planned or executed, are subject to federal jurisdiction. 4. Federal law assigns the primary authority to the Federal Government for prevention of and response to acts of terrorism; state and local governments provide assistance as required. 5. The City of Farmington has some high visibility, high vulnerability targets for terrorists, i.e., government buildings, schools, churches, industrial facilities, roads, bridges, railroads, and utilities. The City of Farmington lies outside of the 10 mile Emergency Planning Zone (EPZ) for the Prairie Island Nuclear Power Plant, but could be affected under certain weather conditions. 6. Potential target listings will remain within the Farmington Emergency Management Division and the Farmington Police Department. IV Assumptions This plan will go into effect when a terrorist incident has occurred or a credible threat has been identified. 1. A Unified Command System will be in place to ensure an effective and safe response to the incident. Unified Command is a method for all agencies, departments, or individuals who have functional responsibility to contribute to determining overall objectives for the incident and the selection of a strategy to accomplish those objectives. 2. No one local, state or federal agency has the authority or expertise to act unilaterally on issues that arise out of acts ofterrorism, regardless of weaponry, equipment or experience. 3. Acts of terrorism will almost certainly overwhelm the capabilities of local government. 4. Local, county, state and federal officials may define overlapping areas of responsibility requiring inter-agency coordination for the duration of the incident. 2 City of Farmington Emergency Operations Plan Annex N TERRORISM 5. If adequate protective equipment and devices are not available; responders cannot be required to risk their lives by entering contaminated areas. 6. Perimeters should be established until involved materials have been identified or the situation has degraded to levels that are safe for first responders. V Concept of Operations 1. Direction and Control: Establish a command post and utilize the Unified Command System to effectively integrate and coordinate response resources and support from all levels of government as well as outside organizations. 2. Warning and Notification: Notify the public of the threat, implement and advise the risk population of the necessary protective actions to be taken. Activate mutual aid agreements as necessary. 3. Communications: Develop, implement and enforce accessibility policies: Who will be given access to the damaged I impacted areas? Are there time restrictions regarding access? Will escorts be required to enter the area? What protective gear is required for entry? What identification will be required? Coordinate communications with state I federal responders. 4. Law Enforcement: Provide security for the evacuated areas, critical facilities, resources and the impacted area to protect the crime scene and facilitate response and recovery efforts. 5. Fire Fighters: Provide support services as required to assure successful mitigation of the incident. These activities may include fire suppression, rescue, decontamination and others. 6. Emergency Public Information: Establish a Joint Public Information Center to coordinate the timely and appropriate release of information during the incident. 3 City of Farmington Emergency Operations Plan Annex N TERRORISM ---------------------------------------------------------------------------------------------------------------------- 7. Evacuation / Sheltering: Evacuation routes and means of transportation should be predetermined based upon the area and type of incident. Implement the necessary traffic control measures that will facilitate evacuation from the risk area and enhance and supplement site security measures following the incident. Sheltering in place may be the best solution, depending upon the circumstances. Refer to the Congregate Care section of the Resource List for possible locations within the City. 8. Mass Care: Safe mass care facilities outside of the risk area, which have sufficient health and medical services, must be predetermined. 9. Coroner: Provide, Establish and implement actions to facilitate victim identification, recovery, storage and processing. VI Assignment of Responsibilities Refer to the Emergency Plan Checklist for your individual department for a more comprehensive list of activities. 1. Farmington Emergency Management Coordinator a. Serves as the EOC Operations Chief. b. Leads and conducts meetings to formulate action plans, define priorities, resolve conflicts and identify issues. c. Ensures records of EOC activities are maintained. d. Ensures coordination with the Public Information Officer. e. Consults with authorities and other agencies at all governmental levels to identify and prioritize any unmet needs. f. Serves as liaison to local, county, state, and federal agencies. 2. Farmington Police Department a. Appoint an Incident Commander, depending on the situation to provide Leadership, Direction, Crisis/Consequences coordination. b. Provide a Liasion Officer to the Federal Bureau of Investigation's Joint Operations Center (JOC) as required. c. Establish and maintain communications between the site and the EOC. d. Maintain close coordination with the Public Information Officer. e. Assist in the coordination of additionallaw enforcement resources. 4 City of Farmington Emergency Operations Plan Annex N TERRORISM f. Develop and modify Standard Operating Procedures as needed. g. Provide investigative services as required. h. Gather intelligence information and coordinate with county, state and federal agencies. 3. Farmington Fire Department a. Appoint an Incident Commander, depending on the situation, to provide Leadership, Direction, Crisis/Consequence coordination. b. Provide search and rescue services as appropriate. Notify the MN State Duty Officer for activation of Federal Emergency Management Urban Search and Rescue Teams if necessary. 4. Emergency Medical Service - ALF Ambulance b. Appoint an Incident Commander, depending on the situation, to provide Leadership, Direction and Crisis/ Consequence Management. c. Activate EMS Mutual Aid as needed. c. Provide triage, treatment and transportation services as required to support the mitigation of the incident. d. Provide communication with local medical facilities and provide information about victims needing transport to those facilities. e. Provide technical assistance and medical expertise to public safety agencies as needed. 5. Dakota County Public Health a. Provide an EOC representative if requested. b. Develop a threat assessment for biological agents as appropriate. c. Identify additional risk populations. d. Provide communications with medical facilities and MN State Public Health on the status of the incident. 6. Dakota County Coroner a. Appoint an Incident Commander. b. Coordinate with Emergency Management Coordinator for response and recovery operations. c. Establish a scene evaluation team. 5 City of Farmington Emergency Operations Plan Annex N TERRORISM ----------------------------------------------------------------------------------------------------------------------- d. Coordinate all necessary actions to identify, recover, store and process victims of the incident. 7. GIS - City of Farmington Engineering Division a. Develop and maintain maps of the area affected by the incident. b. Plot resources utilized during the incident. VII Recovery Recovery activities may start before the crime investigation is completed, if such action is appropriate. Recovery efforts will focus on restoring the scene to its condition prior to the incident. The following actions may be necessary: 1. Develop a recovery team. 2. Maintain any protective actions as the situation dictates. 3. Continue Public Information updates. 4. Continue to track and document all associated costs. 5. Develop and implement any required environmental decontamination plan in accordance with state and federal governmental agencies. 6 City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?5 TO: Mayor, Councilmembers and City Administrato'--- FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Police Department DATE: June 7, 2004 INTRODUCTION The recruitment and selection process for the appointment of a full-time Police Officer to fill a new position authorized in the 2004 Budget in the Police Department, has been completed. DISCUSSION The City has completed the recruitment, testing, and interview process for a Police Officer. After a thorough review by the Police Department and the Human Resources Office, an offer of employment has been made to Mr. Jermey Buss, subject to ratification by the City Council. Mr. Buss has an Associates Degree in Law Enforcement, served in the military and is currently a Community Service Officer for the City of Richfield, MN. His knowledge, skills and qualifications meet the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2004 budget. RECOMMENDATION Approve the appointment of Mr. Jermey Buss in the Police Department, effective June 24,2004. Respectfully submitted, ~/{r(t~~d~riC- / Brenda Wendlandt, SPHR Human Resources Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Councilmembers and City AdmDmtrator r FROM: Ken Kuchera, Fire Chief SUBJECT: School and Conference - Fire Department DATE: June 7, 2004 INTRODUCTIONIDISCUSSION One of the requirements of our members is to attend the Emergency Response Driving Course prior to their third year of service. The course consists of two four-hour sessions. Both classroom and practice is provided. Seven of our members will be attending the course at Dakota County Technical College on June 24 and 28, 2004. BUDGET IMPACT Cost is $150 per member and is provided for in the 2004 Budget. ACTION REOUESTED For information only. Respectfully submitted, j(~ If' ~~ (:/h/ Ken Kuchera Fire Chief cc: FFD Board of Directors Robin Roland, Finance Director ~' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City Administrato~ Robin Roland, Finance Director TO: SUBJECT: Authorize advertisement for bids - Rescue Truck - Fire DATE: June 7, 2004 INTRODUCTION The 2004 adopted budget provides for the acquisition of a new Rescue truck to replace the 1987 Ford LN8000 which the department currently uses. DISCUSSION In 1987 when the City purchased its first (and current) rescue truck, great consideration was given to the future needs of the rescue division and the demands placed on them. The truck was oversized at the time and included room to grow along with the City. What was then oversized, is now undersized for the amount of equipment it carries and the number of calls it responds to in a year's time. Therefore the determination was made that the current unit should be replaced. The purchase of specialized public safety equipment poses a particular challenge for cities. Both state law and good stewardship of the public's tax dollars require careful drafting of equipment specifications to ensure- a competitive bidding process while meeting the features and performance requirements of the department using the equipment. The rescue squad truck committee has spent many hours evaluating their requirements and has met with the city attorney and staff to draft specifications that meet their service needs within established budgetary constraints and the requirements of state law. Based on these discussions with the committee, staff anticipates that the specifications that have been prepared will result in at least three or four competitive bids. BUDGET IMPACT The 2004 budget includes $300,000 for the purchase of a new rescue truck from the proceeds of the Equipment certificates issued in March. ACTION REQUIRED Authorize advertising for bids for a new rescue truck using the specifications developed by the Fire department's rescue truck committee. Respectfully submitted, ~#--/ Robin Roland Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~I U Mayor, Council Members, City AdmIDistralO~ TO: FROM: Robin Roland, Finance Director SUBJECT: Authorize Advertisement for sale - Fire department DATE: June 7, 2004 INTRODUCTION With the acquisition of the new fire tanker truck, it is necessary to sell the 1978 model tanker truck which the City of Farmington currently owns. The fire department also has a piece of equipment which was donated several years ago which they would like to dispose of. DISCUSSION Under state statute, the City must publish notice with a minimum of 10 days in advance in the City's official newspaper. The Fire Chief has proposed that we also advertise in Minnesota Smoke Eater magazine, Minnesota Fire Chief magazine and the League of Minnesota Cities bulletin. BUDGET IMPACT Any revenue from the sale of the old tanker would be returned to the Capital Acquisition fund to offset the expense of the new tanker. Any revenue from the sale of the Ansul hand cart nitrogen cylinder extinguisher would be credited to the Fire capital projects fund. ACTION REOUIRED Authorize advertisement for the sale of these assets. Respec~fully submitted, ,tll-P/~ Robin Roland Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7l TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - Meadow Creek Fourth Addition Development Contract DATE: June 7th, 2004 INTRODUCTION The Development Contract for Meadow Creek Fourth Addition IS forwarded herewith for Council's consideration. DISCUSSION The final plat for Meadow Creek Fourth Addition was approved by the Planning Commission on September 9th, 2003 and by the City Council on September 15th, 2003. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Meadow Creek Fourth Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, ~ m 'Yhtf/Yl/Z"- Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R_-04 APPROVING DEVELOPMENT CONTRACT MEADOW CREEK FOURTH ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 7th day of June, 2004 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R 48-03, the City Council approved the Preliminary Plat of Meadow Creek Fourth Addition; and, WHEREAS, pursuant to Resolution No. 71-03, the City Council approved the Final Plat of Meadow Creek Fourth Addition subject to the following conditions: 1. No building permits shall be issued for Lots 1-3 of Block 7 until construction of the Lake Julia Waterway is complete. 2. An easement (20 feet wide) shall be provided between Lots 9 and 10 of Block 5 and between Lots 31 and 32 of Block 5 to provide trail access. 3. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 4. Any engineering issues be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the fmal plat. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of June, 2004. Mayor Attested to this _ day of June, 2004. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 7th day of June, 2004, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Progress Land Company, Inc., a Minnesota corporation (DEVELOPER) and Builders Mortgage Company, LLC, a Minnesota limited liability company (DEVELOPER).. 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for Meadow Creek Fourth Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Ril!ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoninl!/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. Upon review and acceptance by the City Engineer of costs incurred by the Developer to construct two culvert crossings of public drainage ways as shown on the approved Plans, the City will reimburse or credit the Developer in the amount not to exceed one-hundred ninety-three thousand two-hundred dollars ($193,200). Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public utilities, by September 30,2004, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to 2 reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlots A, B, C, and D shall be deeded to the City following the completion and approval of improvements as required under Plans A-F. 10% of the total security amount shall be held until the required outlots are deeded to the City and the required As-built plans are submitted and approved. A Letter of Exemption, attached to this contract as Exhibit "B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. 3 The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 3,086 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dir/topsoil shall not be transferred to homeowners. C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of$ 254,959 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charl!e. The Developer shall pay a water main trunk area charge of$ 105,194 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or 4 prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$ 24,751 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the Water Main Trunk Area Charge to be paid with this plat is $ 80,443. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 69,300 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 81,648 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of$ 267,019 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatinl!. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 7,812 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 5,040 based upon the number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 5 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 2,270,415. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction Box Culvert Crossings (Dylan Dr & Dunbury Ave) $N/A $ 373,060 $ 360,752 $ 379,670 $ 504,828 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 31,500 $ 71,000 $ 89,688 $ 16,878 $N/A $ 241,500 Two Years Principal and Interest on Assessments $ 201,540 This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 6 D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 30. Wetland Buffer and Natural Area Sie:ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 31. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. 7 E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. 8 M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Mike Olson Progress Land Company, Inc. 6001 Egan Drive, Suite 100 Savage, MN 55378 (952) 226-3200 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: David M. Urbia, City Administrator City of Farmington 325 Oak Street Farmington,MN 55024 9 CITY OF FARMINGTON By: By: DEVELOPER: Progress Land Company, Inc. By: DEVELOPER: Builders Mortgage Company, LLC By: Drafted by: City ofFannington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 SIGNATURE PAGE Gerald G. Ristow, Mayor David M. Urbia, City Administrator Its: Its: 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald G. Ristow, Mayor, and by David M. Urbia, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Progress Land Company, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Builders Mortgage Company, LLC, a Minnesota limited liability company, on behalf of the corporation. Notary Public 11 EXHffiIT "A" Outlots D and G, MEADOW CREEK THIRD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. 12 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure( s) Signature Date 13 EXHIBIT "e" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) , 20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 7L City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, L_~ v City Administrator ~ Lee Smick, AICP City Planner FROM: SUBJECT: Adopt Resolution - Approving Drainage and Utility Easements - East Farmington Sth Addition DATE: June 7, 2004 INTRODUCTION Mr. Tim Giles, Giles Properties, Inc., has requested the approval of two 5-foot wide drainage and utility easements north of the existing 5-foot wide drainage and utility easement of Lot 2 and south of the existing 5-foot wide drainage and utility easement of Lot 3, Block 5, East Farmington Sth Addition DISCUSSION On February 17, 2004, the City Council approved the East Farmington 8th Addition Preliminary & Final Plat. The Developer proposes to relocate a storm water pipe from the northwest comer of Lot 3 Block 5 of the East Farmington Sth Addition (shown as item Sa on the June 7th City Council Agenda) to the north line of Lot 2 and the south line of Lot 3 in Block 5. A 5-foot wide easement currently exists on each of these two lots; however, an additional 5 feet adjacent to each existing easement is required to provide a 20-foot wide easement for the relocation ofthe storm water pipe. RECOMMENDED ACTION Adopt the attached resolution, approving the 5-foot wide drainage and utility easements north of the existing 5- foot wide drainage and utility easement of Lot 2 and south of the existing 5- foot wide drainage and utility easement of Lot 3, Block 5, East Farmington 8th Addition. Respectfully Submitted, ~~ Lee Smick, AICP City Planner cc: Tim Giles, Giles Properties, Inc. @ 2004 John Oliver & Associates, Inc. Sketch t!t Description for: Giles Properties, Inc. 213TH STREET W ~ ~-~n-:::OR;;;GE~n-;;; E~EN~::- l \ ...... I<) q I \ ------,...... ..... _ \ _ - 20 ""1 0 ~ ~_-- I I ~ \!;! I I '0(' I I ~ ~ I v I ~ 3:: I I PROPOSED DRAINAGE & UnUTY -.... I \ 10 400 square feet J ~ L-______~~~::c::-----~[~ r-i------ 90 -----------7L-:J. ':<IC)"<:::;;/::>>>>:::::::::(:>:/ I() I I tt~~;;~;f;~~~~f~~~~~~ :/l ~ I ii~::S::~;'N::;:-u-n~~-i I ~ ~ I I 400 square feet I ~ ...... 0.0092 acres I ...... ~ I " I ~ ~~ 10 l______ ,~ _____J 20 ~~ I--------~ .-- ....1 , ~~- '~\ \~, I -~~ ~~- -~\ -~, ':} r- I I I I I L I I I I I I 80 ~~ I t- ~ ~ CI) ~ C\I ....... 80 PROPOSED DRAINAGE & UTILITY EASEMENTS: LOT 2 A permanent easement for drainage & utilty purposes over, under, and across, the south 5.00 feet of the north 10.00 feet of the east 80.00 feet of the west 90.00 feet of Lot 2, Block 5, EAST FARMINGTON EIGHT ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. LOT 3 A permanent easement for drainage & utilty purposes over, under, and across, the north 5.00 feet of the south 10.00 feet of the east 80.00 feet of the west 90.00 feet of Lot 3, Block 5, EAST FARMINGTON EIGHT ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. "This is not a Boundary Survey" 1 INCH=30 FEET DATE: 5/7/04 DRAWN BY:BRK CHKD BY: RMM - -VISIONS: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Signed: Date: 5 7 04 Lie. No. 21401 John Oliver & Associates, Inc. CIuU ............ IGM 8w _~ "-wI ,.,...,... ,580 Dodge AVen't~e Elk River, Minn.eS'ota /5,5:]80 (763)441-2072 (FAX)441-5665 20 t r. 7TG~."'" 2TcIU, auu. 200 .Bun1.MUe. MUmaoCcl 66337 (962)894-3046 ('AZ)81U-3049 DRAWING FILE: FILE NO. 1504EDS1.DWG 1504.80-03 _. - -.. ... - '-, v '\-::-n.:I,-'C:IIVI / 32 JW -,......,..,~ ' .....,...',. . . ". ."~' ''":','''. .'": "".-;:~: 1 1 1 acR [;~/Ife;t l/ 'IF-----~ , I;rJT4r;1~ r~~, , UBiSJ:Q.L .m.UA.BE. I---.J L.: I ~ FiRST ADDITION - CCUNTY HWY NO 72 -- ----... -I ~ ~ ,- -1'- - -I' IL_ : t= -2:-=:J1 - . I (:) L ,to;' --- [ ," :=~ I - - t._..A . ,-, r~ , I . 1-:- -=-fl- _ - I ,.. ~~: \ I ,L -gdj t,' ,-, ) ,~ ~7' I I. .L ':-- I I-I~I ,... OUTLOT A ,..-.. / ; /4__. 15/ ;::-.J /, 1~ L_ 15 r-~;--i - ......- ,'7 ; ~I: I - --1..*-_ .... '''' 01'9> '-, .~ ,.., / I /;r:~ 1 .~ /1' .~, f '. ! '" . -! \ , \ \ \ ",/ ""'- r- \ I -T' ,.,. _: ~ I ~~ -T" ~ .,."\ J __ , , \ I' I \.1 I \' I - - j -- ',~ ~ }, Ir- ~:~ I ,..-., " ~:~ I~ I "- --j ,- --- "'- ~:) ~": --p , 4__ ..."\ IrT I' :::::: - r L ,f" ................-- I I ' I : L +-00 12TH STR'E~i56-l:00 -.; L-- I - I"" ..."..-- -t '- -;::;''''-. 57+00"/ -- I- .............-............. ---I .......~ ..: ..,. <:0 ,,-....... :":IJ ~\ 0\ ~&-:ol \~ ~ ~ '\)1 r- C) . . If \) 0) Co ' .... .... ~ --- -- ."-- ..- ~- -- -" ./' ) plan was DATE: 3/31/04 REV DATE DESCRIPTION 3r my direct NO. m a duly DESIGN BY: BSA 1 4/12/04 NO FILL IN WETLAND UNTIL MITIGATION APPROVED gi r under DRAWN BY: BSA 2 5/6/04 CITY COMMENTS f esota. 3 5/10/04 CITY COMMENTS Jj CHECKED BY: KLP DWG FILE: 1504J2F1 telsen TEXT FI LE: X ! FILE NO.: 1504.10-03 I 1 4960 I _. RESOLUTION NO. A RESOLUTION APPROVING EASEMENTS 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 7th day of June, 2004 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, the City of Farmington has received a request from the Developer to approve two 5- foot wide drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, it appears that it is in the public interest to approve the two 5-foot wide drainage and utility easements legally described on the attached Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington: 1. The two 5-foot wide drainage and utility easements described and attached hereto as Exhibit "A" is hereby approved. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of June, 2004. Mayor Attested to the _ day of June, 2004. City Administrator If/PIT @ 2004 John Oliver & Associates, Inc. Sketch lit Description for: Giles Properties, Inc. 213TH STREET W ~ ~ -~n-:::OR-;;;;GE:-:-Un;;; E:~E:N~ -:: l ~ I " - - - - -, " 2 -' -- 20"10 ~ ~_--- I I~ !.';! I I ~.; I I ~ ::J I ,~ I ~ :!: I I PROPOSED DRAINAGE & UTILITY -.... I II.llIJ1 \ 10 400 square feet J ., ~ ~______~~~~;C::_____1L~ I r - f~~:..~.;~:/~.~.;~;~=:.:..~..~.~::~z.~~.~ I I lC)..::.:: S LINE: OF LOT J lC) ~ - . .. 7 N7iNE:OFLO"TT-~ ~ -:-...:, L . './/lC)/ / ////. /// ./.. // ///.///..//.//.... /////lC)'" - -- -~~'~~" ~.~/~~~~~ .~.~.~. ~"'~"'~"~"'~ -- I ~ I :l;R:;s::~~N:~-:~~~~-: I ~ !l:t I I 400 square feet I !l:t '-' 0.0092 acres I '-' ~ I I ~ ~I I 2 I::J \ 10 I I 20 I ~ ~ L_____________~ ~ I--------~ ," I I I I I L I I I I I I 80 I- hj ~ CI) ~ C\I """"' 80 PROPOSED DRAINAGE & UTILITY EASEMENTS: LOT 2 A permanent easement for drainage & utilty purposes over, under, and across, the south 5.00 feet of the north 10.00 feet of the east 80.00 feet of the west 90.00 feet of Lot 2, Block 5, EAST FARMINGTON EIGHT ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. LOT 3 A permanent easement for drainage & utilty purposes over, under, and across, the north 5.00 feet of the south 10.00 feet of the east 80.00 feet of the west 90.00 feet of Lot 3. Block 5. EAST FARMINGTON EIGHT ADDITION. according to the recorded plat thereof, Dakota County, Minnesota. "This is not a Boundary Survey" 1 INCH=JO FEET ..-- ", ~-- '-, '-, I ~:~ --, --, {:} DATE: 5/7/04 DRAWN BY: BRK CHKD BY: RMM :VISIONS: I hereby certify that this plan was prepared by me or under my direct supervision and that I om 0 duly Licensed Land Surveyor under the lows of the State of Minnesota. .580 Dodge Avenue Elk River, Minnesota ;5,)880 (763)44 f -2072 (FAX)44 f -5665 John Oliver & Associates, Inc. cwa ~, .LcIn4 ~. .LcIn4 ~ Signed: FILE NO. 1504.80-03 20 t Jr. 7Ta,,,,.lenr Trc&il, Suite 200 BunvvUle, Minneeota. 66337 (962)894-3046 (FU)894-8049 DRAWING FILE: 1504EDS1.DWG Dote: 5 7 04 Lie. No. 21401 1)0- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: (./ Mayor, Council Mem~ ~ City Administrator, v Lee Smick, AICP City Planner FROM: SUBJECT: Adopt Resolution - Vacation of Drainage and Utility Easement - Lot 3, Block 5 - East Farmington 8th Addition DATE: June 7, 2004 INTRODUCTION Mr. Tim Giles, Giles Properties, Inc., has requested the vacation of the existing drainage and utility easement that currently exists on the northwest comer of Lot 3, Block 5 of the East Farmington 8th Addition. The City Council will hold a public hearing on the vacation of the drainage and utility easement on June 7, 2004. DISCUSSION On February 17, 2004, the City Council approved the East Farmington 8th Addition Preliminary & Final Plat. The drainage and utility easement shown on the attachment needs to be vacated because the storm water pipe proposed for that location has been relocated to the easements between Lots 2 and 3, Block 5. The easements between Lot 2 and 3, Block 5 appear as a Consent Item on the June 7, 2004 City Council Agenda under "Adopt Resolution - Approving Drainage and Utility Easements - East Farmington 8th Addition." RECOMMENDED ACTION Adopt the attached resolution, vacating the existing drainage and utility easement from Lot 3, Block 5, East Farmington 8th Addition. ee Smick, AICP City Planner cc: Tim Giles, Giles Properties, Inc. @ 2004 John Oliver & Associates, Inc. Sketch lit Descri tion for: Giles Pro erties, Inc. NW CORNER OF LOT 3, BLOCK 5, 1- EAST FARMINGTON EIGHTH AOOtnON -r>__!~;'!f,;;~~q~~~o:;- -~- I..... /- r\~--, . I 10 I I , 1/ "._ I "- It) ~ I I ~"- ~ I ':} '-J , ...... ~:~ ~ I -", -.., ~ ':) ~ I I\~ 1 10 r- I .::-: STREET W ---~---l -. I ..../ ------l : 20 I...... : I ~ : I ~ : I ~ : I ~ I ~ I : r-.....~EXISnNG DRAINAGE & UnLlTY EASEMENTS .....::::.......J 20 L~/i- - - ---------- - --- =---1 --------1 ~-J--------~--_t I 213TH I I 1__ PROPOSED VACA7FO EASEMENT 357 square feet 0.0082 acres ~ i\i 0) o o o <:: " <( " r- ~'\ ,,/ " " ..- PROPOSED VACATED EASEMENT: 1 INCH-20 FEET That Ipart of the existing drainage & utility easement as platted and deJcated in Lot 3, Block 5, EAST FARMINGTON EIGHTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence South 0 degrees 09 minutes 21 seconds West, assumed bearing along the west line of said Lot 3 a distance of 10.00 feet to the south line of the north 10.00 feet of said Lot 3; thence South 89 degrees 48 minutes 06 seconds East, along said south line 10.00 feet to the east line of the west 10.00 feet of said Lot 3, the point of beginning of the tract to be described; thence continuing South 89 degrees 48 minutes 06 seconds East along said south line 53.36 feet to an angle point on said existing drainage and utility easement; thence South 76 degrees 07 minutes 44 seconds West along said existing drainage and utility easement 55.00 feet to the east line of the west 10.00 feet of said Lot 3; thence North 0 degrees 09 minutes 21 seconds East along said east line 13.34 feet to the point of beginning. "This is not a Boundary Survey" Orientation of the this bearing system is based on the west line of Lot 3, Block 5, EAST FARMINGTON EIGHTH ADDITION to have an assumed bearing of S 0009'21" W. DATE: 5/7/04 DRAWN BY:BRK CHKD BY:RMM IS IONS: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Signed: Date: 5 7 04 M. Morton Lic. No. 21401 John Oliver & Associstes, Inc. muG ~ L....e ~ ~ ,...."'.. ,580 Dodge Aven.cue Elk Ri'v€?', "~finne8ota ;)<5330 (763)441-2072 (FAX)441-5665 20 f Jr. 7'nw.r.r. 2nIU. SuU8 200 BurnevW8. J(~ta 66887 (962)894-8046 ('U)894-8049 DRAWING FILE: FILE NO. 1504EDS2.DWG 1504.80-03 "'~. ,. --,...".'........ -"..", '.:~"~>l' ;'-~ , ""'" " . 1 I 1 - ..__to". \''''..1'''' wi IV'/ ..-"~2~C 8acit!:;ttf!!!'Bac~w'/".c.. . t~~}!:~~., '. j: JW ~ adi [;o/!/lfe;l II 'IF-----~ / I ~ JT4 T; I~ I~~ I I UB!SllL ~u~ 1--1 L 1-=-.1 FiRST ADDiTIC'f'l ~ :~::~~ij!~iHil~!H~j,'li!m#::imijjiii,!f;ii~milli'ill1W~::~~~'tr!mi!il~,i]f-;'t"':m@iiil~>ft!ii!ii!!!:it!lii!;WJi!!ili:@i;::g-!.~iiffi~ij!~,;ii!\iili~' '!_,:''''''!:" --. OE - <l --1 <l =1- I , I ~'I~-II-- 1 : I ' I~ : t= -2:-=:J1 -I : Ii? E~ L i r ,.-,--, - i I ~:~ I ir~" I r · ~ :r: \ L - L 2::JJ : .....- \ :. I --'! I __J J [,/ ,-, ..., '_I I. I I L.L_ ! -- I COUNTY HWY NO 72 ,.... OUTLOT A ~! I PROPOSED ,. STORM WA lER 896 POND ~ ImMOJI ..... ~-.. / " .// ;:~ //' '_J I ,l// --t:;:-J ':J L ..-- -2:~ ,....<#1 I .....- ..:1: I I, -1...1.- _ "4'" _-/;: I '1il-' , /c.!. , ~ j-".i:; c. .I \ /' ~. ~ ll' .' . ,''co I ~..,.. m~i I . tOr ~ U\, '" ; .-.' ,.., r I ... !- '. ,I '~~ 1:1>'0- i-{ .I , I ", I " , -' \ \ / /J .Q:. ~'C . Ol'.g "'. ....-:.,.,. (".- _.- ------ +.-. -... .--...... ' " ~. . ... ~.. +-00 12TH STREeJi.56-tgO 1-- I - I .,~ ...- '- ~~.::>'""l 5 7 + 00" ? __ I- ---. I -- ~~ :::::: l:J i" \ U'\ .JL IL-.......I \, ~ Co Co ""Vi}:::tl <.0 ~ ""tJ1 '- C") :-":-" II \) O'lCo -t r! -~~ -- -- .--'- ---- .-......-- -'- / \ \ \ I -T1 '''T _: ~ I ~~ -T" ~ ...~ J __ , f' I" \,1 I \.J I --j -- -~ f }..... I ~:; I r--., " \ j \.' _:~ I~ --j ,- --- '- ( : ~ I:': --,. h ..~- ..."\ IrT I' ~~~ r L I I ' I : L ) plan was DATE: 3/31/04 REV DATE DESCRIPTION 3r my direct NO. m a duly DESIGN BY: BSA 1 4/12/04 NO FILL IN WETLAND UNTIL MITIGATION APPROVED gi r under DRAWN BY: BSA 2 5/6/04 CITY COMMENTS f nesota. 3 5/10/04 CITY COMMENTS Jj CHECKED BY: KLP DWG FILE: 1504J2F1 telsen TEXT FI LE: X 14960 FILE NO.: 1 504.10-03 L--.. .. RESOLUTION NO. A RESOLUTION VACATING AN EASEMENT 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 7th day of June, 2004 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the City of Farmington has received a request from a Developer to vacate the drainage and utility easement legally described on the attached Exhibit "A"; and WHEREAS, the Farmington City Council reviewed the vacation of the drainage and utility easement at a public hearing on June 7, 2004; and WHEREAS, it appears that it is in the public interest to vacate the drainage and utility easement legally described on the attached Exhibit "A"; and WHEREAS, pursuant to Minn. Stat. ~ 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacation requested by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington: 1. The drainage and utility easement described and attached hereto as Exhibit "A" is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of June, 2004. Mayor Attested to the _ day of June, 2004. City Administrator Xf// B/T A @ 2004 John Oliver & Associates, Inc. Sketch At Descri tion for: Giles Pro ertiesl Inc. NW CORNER OF LOT 3, BLOCK 5, 1- EAST FARMINGTON EIGHTH ADDlnON -~"""-S0009-;;:'W -;;;0- - I>. __-,,/-S89048'06"E 10.00 I..... ..... (- 890 '6" 5 1\---/ . / 10 I I , II" '._ I "'- I<) :2 I I ~,. : I ~:} :: I -J E~ ~ I .,) !:!;! ,...., ~ I \" ~ I\~ I 10 r- I "::1: ------l I I I I I I I I I I I I : ,-,.-EXISnNG DRAINAGE .. unuTY EASEMENTS <::'1 20 I LL/J,__ --- - __ __ _ __ __ _ _ =--J ---------1 ~,- - - - - - - -~ - ----1 I 213TH Cl .... I I 1_- PROPOSED VACA7ED EASEMENT 357 square feet 0.0082 acres ~ ~ O'l Cl o Cl <: ..., << ,,,, r- .."\ ,/ STREET W -~---l I I~ I~ I~ I~ I~ 20 ..., / ~- PROPOSED VACATED EASEMENT: 1 INCH==20 FEET That Ipart of the existing drainage & utility easement as platted and ded~cated in Lot 3, Block 5, EAST FARMINGTON EIGHTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence South 0 degrees 09 minutes 21 seconds West, assumed bearing along the west line of said Lot 3 a distance of 10.00 feet to the south line of the north 10.00 feet of said Lot 3; thence South 89 degrees 48 minutes 06 seconds East, along said south line 10.00 feet to the east line of the west 10.00 feet of said Lot 3, the point of beginning of the tract to be described; thence continuing South 89 degrees 48 minutes 06 seconds East along said south line 53.36 feet to an angle point on said existing drainage and utility easement; thence South 76 degrees 07 minutes 44 seconds West along said existing drainage and utility easement 55.00 feet to the east line of the west 10.00 feet of said Lot 3; thence North 0 degrees 09 minutes 21 seconds East along said east line 13.34 feet to the point of beginning. "This is not a Boundary Survey" Orientation of the this bearing system is based on the west line of Lot 3, Block 5, EAST FARMINGTON EIGHTH ADDITION to have an assumed bearing of S 0009'21" W. DATE: 5/7/04 DRAWN BY: BRK CHKD BY:RMM VISIONS: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Signed: Date: 5 7 04 Lie. No. 21401 John Oliver & Associates, Inc. cwu .,............. LcIncil aurwvm.. ~ p....... .580 Dodge Aven-v;e Elk Ri'1Jer, ""lin'rl..€sota. ,5,58.'30 (763)441-2072 (FAX)44t-5665 20 t Jr. 7'nI1I81enr 7TcIil. Sui.t8 200 Bu~. Minneeot4 66887 (962)894-8046 (FAr)894-8049 DRAWING FILE: 1504EDS2.DWG FILE NO. 1504.80-03 /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City Administrator tV Robin Roland, Finance Director TO: SUBJECT: Liquor Store Lease DATE: June 7, 2004 INTRODUCTION As discussed at the April 19, 2004 City Council meeting, staff has pursued a lease agreement with Schwiness LLC (Del and John Einess) for new and expanded space for the Pilot Knob Liquor Store location. DISCUSSION Attached with this memo is the proposed lease agreement with Schwiness LLC for the lease of approximately 4,758 square feet of space in the Farmington Gateway shopping center. The agreement has been reviewed by the City attorney. Highlights of the lease include: . A seven year initial term with an option to renew for three years. . A $40,000 tenant allowance for construction of the space and installation of equipment. . An initial lease rate of$17.50 per square foot for the first two years. Staff anticipates construction of the shopping center to commence shortly, with occupancy of the space in November of this year. BUDGET IMPACT A revised financial statement is attached with this memo. ACTION REOUIRED Approve the leas.e agreement with Schwiness, LLC for the new and expanded lease space for the Pilot Knob liquor store. Respectfully submitted, ~ftJ Finance Director -' 0- C/) co Il) r-- ..f ~ - 'i . Q)~ ~~ 7i) .5 Q)31 Scu II)~ :g .5 t;~ CU~ 'OOl Q)cu ~~ - .I: ~~ II) . '- LL ~cri 31 ,go CU C/)~ .c ,ON' x: OE a.: c: 0 CII. ~-= =e _. cO .Q u: 0 1ii ii: cT ai 1l ....: Q)W E 1110 S l8 8.:1 CII :t::: "!. .5 a:: = .N .O)O:S a: 91iE.e= .... eCU.t~g1l 1.~1II&-g~ cP.5:g 9 CU lC C:C~S'Sf1ll _cu c;;cu ~1l.2 0):1 ~ o:SZ~~S.5 '-:11"):1..111 npNoCU.!! iI)~O)cl;:cu '0' III c '-.5 III ~:E';;ooo Il.I-::JZZZ - c e ~~ ;1)10 ~N COO(f)OO(f)O) 0 ....:8 ~8~~l::l~ 10 10..... ..... I") ~ 00 &ti~ .oN' ~g~~~re .... ..... 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CUIO C )(~I")""IOIO; 1I)~~8x~~g Ots-NI"))()(cu ~ cu CU x: 01") I") III 31 cl")~a.:~8831cu -OCU"'-NNce Q.OI")5(O_-CIIu )(C'!8W~OOQ.c .! ~N'E""~S! ~'C; l! Dr x: cu 8 "T '" a; .5 o u .OC~!I!CIII- ;:I 'C a.. :t:! cu .... :... .9:e J!! ;; ts .;, '0 5 i3 B::s ~ 0 'O.!! cu e III CII :1'0'0 l- e WC)O.:WW<(<( ~ .... "T iii CII 'O~ 3l"ii cua ~= CII cu '0:1 culi 111") :sz8 :IN 0"': ~>- ~15 1--= ~ o .c cu 1 i~ 3la CUcu ~1l CII cu 'OE 'so ~:: cu g .l:c :sz .9 :1- ~ l! 1118- J!o cu CII W= I ... CII.2 > . 0111 .cCII CUO) 'OJ!! ~~ .:!& SHOPPING CENTER LEASE AGREEMENT THIS LEASE AGREEMENT, is made and entered into on ,2004, by and between Schwiness, LLC (hereinafter referred to as "Landlord") a Minnesota limited liability company, and the City of Farmington ("Tenant"). 1. LEASED PREMISES: TENANT ALLOWANCE. (a) In consideration of the rents, covenants and agreements herein contained, the Landlord hereby leases to Tenant, and Tenant leases from Landlord the premises ("Leased Premises") described in Exhibit A, attached and hereby made a part hereof, consisting of approximately 4,758 square feet of the Farmington Gateway Shopping Center ("Shopping Center") situated on property legally described as "Lot I, Block I, DAKOTA COUNTY ESTATES 9TH ADDITION", in the City of Farmington, County of Dakota, State of Minnesota. Measurements of Tenant's space shall be from the outside of exterior walls to the center line of the demising wall. (b) The Landlord will, at its cost and expense, prepare the Leased Premises in accordance with plans and specifications prepared by Landlord and Landlord's architect, incorporating in such construction only those items of work described as Landlord's Work in Exhibit B. Any equipment or work, other than those items specifically set forth within Exhibit B, which the Landlord installs or constructs within the Leased Premises on behalf of the Tenant, at the Tenant's request and in accordance with the Tenant's plans, shall be paid for in advance by the Tenant upon receipt of a bill therefore at cost, plus a general contractor fee not exceeding 15% of such costs. Any roofing penetrations must be made by Landlord's roofing contractor, at Tenant's cost. (c) The Landlord will credit Tenant $40,000 as a tenant allowance for those items of the Landlord's Work identified in the three-page document entitled ''New Pilot Knob Store's Equipment, Materials, Supplies and Add'l Inventory List", attached as part of Exhibit B. The credit shall be made within five days of the Effective Date as defined in Section 2. 2. TERM. Unless terminated earlier as provided herein, the term of this Lease Agreement shall commence on the date the Tenant opens for business ("Effective Date"). The term of the Lease Agreement shall be for seven years from the Effective Date. The Tenant has the option to extend the Term by exercising the option ("Option") set forth in Exhibit C. 3. BASE RENT: ADDITIONAL RENT. Starting on the Effective Date Tenant agrees to pay to Landlord, without demand, at its office at 708 North First Street, #423, Minneapolis, MN 55401, or at such other place as Landlord may from time to time designate in writing, on the days and in the manner herein prescribed, base rent ("Base Rent") and other rent for the Leased Premises as set forth in this Lease Agreement ("Additional Rent"). Base Rent and Additional Rent are collectively referred to as "Rent". All Base Rents shall be payable on or before the first day of each calendar month during the Term. Partial months at the commencement and termination of this Lease Agreement to be prorated based on the number of days the Lease Agreement is in effect during the month. (a) Monthlv Base Rent. Tenant shall pay monthly Base Rent as follows: Years 1 and 2: Years 3 and 4: Years 5 thru 7: $ 6,938.75 $ 7,335.25 $ 7,533.50 (b) Common Area. (i) Common Area. The term "Common Area" means the entire areas designated for common use or benefit within the property limits of the Shopping Center, including but not by way of limitation, parking lots, areaways, roads, walks, curbs, corridors, together with public facilities such as washrooms, and loading docks. Said Common Area may be expanded or changed by Landlord from time to time as deemed desirable, provided such change does not decrease or impede either the access or visibility of the Leased Premises. Subject to reasonable rules and regulations to be promulgated by Landlord, the public portions of the Common Area are hereby made available to Tenant and its employees, agents, customers and invitees for reasonable use in common with other tenants, their employees, agents, customers, invitees and Landlord. (ii) Common Area Oneratinl: Expenses. Landlord's annual accounting of the costs and expenses of maintaining and operating the Common Area ("Common Area Operating Expenses") shall be open to inspection by the Tenant. For purposes of this Section, the operating year shall be each period of twelve (12) consecutive calendar months ending December 31 st. The Common Area Operating Expenses include those expenses incurred by the Landlord in maintaining and operating the Common Areas in a manner deemed by Landlord as reasonable, appropriate and for the best interests of the tenants of said Shopping Center, including, without limitation, all expenses of operations, repair, maintenance, lighting, cleaning, painting, snow removal, ice removal, rubbish, garbage and other debris removal, security, the cost of personnel to implement such services and police the common areas, property and commercial 1 general liability insurance coverage premiums, worker's compensation insurance premiums, and premiums for other insurance as reasonably determined by Landlord to be appropriate, and all expenses associated with the repair or replacement of paving, curbs, pylon signs, common area signs, walkways, common area doors, roofing, HV AC systems (except HV AC systems for the Leased Premises that are the responsibility of the Tenant pursuant to Section 8), landscaping, drainage and lighting facilities, plus a fair market management fee, which fee shall be five percent (5%) of gross collected Rents. Common Area Operating Expenses also include all real estate taxes and special assessments due and payable during the Term. Notwithstanding the foregoing, Common Area Operating Expenses shall not include the following: (A) Depreciation, interest (except as set forth below with respect to amortization of capital improvements) and amortization on mortgages, and other debt costs or ground lease payments, if any; legal fees in connection with leasing, tenant disputes or enforcement of leases; real estate brokers' leasing commissions; improvements or alterations to tenant spaces; the cost of providing any service directly to and paid directly by any tenant; any costs expressly excluded from Common Area Operating Expenses elsewhere in this Lease Agreement; costs of any items to the extent Landlord receives reimbursement from insurance proceeds or from a third party (such proceeds to be deducted from Common Area Operating Expenses in the year in which received); and (B) Capital expenditures except for: (a) the costs of any capital improvements, equipment or devices installed or paid for by Landlord (I) required or desired for the health and safety of tenants and occupants, (2) to conform with any change in public laws, ordinances or government regulations, whether federal, state, local, or municipal, rules, regulations or requirements of any governmental or quasi governmental authority having jurisdiction not applicable to the building as of the date of original construction or of the board of fire underwriters or similar insurance body, or (3) to effect a labor saving, energy saving or other economy, amortized over the useful life of such capital improvement, equipment or device; and (C) Repairs or other work occasioned by fire, windstorm or other casualty of an insurable nature or by the exercise of the right of eminent domain; Landlord's costs of electricity and other services sold to tenants and for which Landlord is entitled to be reimbursed by tenants as an additional charge or rental over and above the basic rent payable under the lease with such tenant; costs incurred due to violation by Landlord or any tenant of the terms and conditions of any lease; overhead and profit increment paid to subsidiaries or affiliates of Landlord for services on or to the real property, to the extent only that the costs of such services exceed competitive costs of such services were they n.ot so rendered by a subsidiary or affiliate; Landlord's general limited liability company overhead; any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Landlord; all items and services for which Tenant reimburses Landlord or pays third persons; advertising and promotional expenditures; and any costs, fines, interest or penalties incurred or imposed relating to any taxes or due to violations by Landlord of any governmental rule or authority. (iii) Tenant's Common Area Operating Charge. Tenant shall pay as Additional Rent Tenant's proportionate share of the Common Area Operating Expenses as herein provided ("Tenant's Common Area Operating Charge"). Tenant shall pay Tenant's Common Area Operating Charge in the manner set forth in Section 3(b)(iv) and 3(b)(v). Tenant's proportionate share shall be computed in the ratio to which the total rentable floor area of the Leased Premises bears to the total floor area of all rentable space in the Shopping Center. No deduction or exclusion from the total floor area of the Leased Premises shall be made by reason of columns, stairs or other interior construction requirements or equipment. In the event of any increase or decrease in total rentable space, Tenant's proportionate share ratio shall be recomputed as of the next January 1st following such increase or decrease and the new ratio so computed shall determine the Tenant's Common Area Operating Charge in said year and thereafter. (iv) Monthlv Tenant's Common Area Operating CharlZe. On or before the first day of each calendar month during the Term, the Tenant shall pay 1/12th of the estimated Tenant's Common Area Operating Charge ("Monthly Tenant's Common Area Operating Charge"). On or before the Effective Date, Landlord shall notify the Tenant of the estimated Monthly Tenant's Common Area Operating Charge for the Tenant for the current operating year. Thereafter, sometime after the start of each subsequent operating year, as soon as Landlord is able to project the costs and expenses Landlord shall notify the Tenant of the estimated Common Area Operating Expenses for the operating year and commencing with the first day of the next calendar month of this Lease Agreement following the date Landlord provides Tenant with such estimate and on the first day of each month thereafter Tenant shall pay the new estimated Monthly Tenant's Common Area Operating Charge. (Partial months at the commencement and termination of this Lease Agreement to be prorated based on the number of days the Lease Agreement is in effect during the month. ) (v) Final Annual Accountini. Sometime after the end of the initial operating year and each succeeding operating year, Landlord shall compute the Common Area Operating Expenses for the operating year allocable to all tenants. If the Tenant's Common Area Operating Charge exceeds the sum of the Monthly Tenant's Common Area Operating Charges for the same operating year already paid by the Tenant, Tenant shall pay such excess to Landlord within thirty (30) days of demand. If the Tenant's Common Area Operating Charge is less than the sum of the 2 Monthly Tenant's Common Area Operating Charges for the same operating year already paid by the Tenant, Landlord shall credit said amount to the next succeeding payment due from Tenant. If the Lease Agreement terminated during the operating year, the Tenant's Common Area Operating Charge shall be prorated based the number of days the Lease Agreement is in effect during the operating year. 4. BUSINESS USE. The Leased Premises shall be used and occupied by Tenant for a liquor store and for no other purposes without the prior written consent of Landlord and such use and occupancy shall be in compliance with all applicable laws, ordinances and governmental regulations. 5. NON-DISTURBANCE. It is understood that Tenant's occupancy of the Leased Premises shall not be disturbed, if Tenant is not in default under any terms and conditions of this Lease Agreement. 6. SUBORDINATION. Tenant agrees that this Lease Agreement shall be subordinate to any mortgages that may hereafter be placed upon said Shopping Center and to all advances to be made thereunder, and to the interest thereon and all renewals, replacement and extensions thereof. Tenant shall execute and deliver whatever instruments as may be required for the above purposes. 7. CARE OF THE PREMISES. Tenant shall, at its expense, keep the Leased Premises, including show windows, signs and loading platform used by it, in a clean, safe arid sanitary condition, in conformance with applicable laws and regulations; keep the front entry way and loading areas adjacent to the Leased Premises free of debris, ice and snow; store in rat-proof receptacles and remove regularly all trash and garbage; replace broken glass in exterior and interior windows and doors with glass of same quality and, on Landlord's request, remove any encroachments maintained on any public place without Landlord's written consent. Without such written consent, Tenant shall not mark, drill; deface, injure, waste, damage, or alter the Leased Premises; conduct business so as to constitute a nuisance to other tenants or occupants; overload any floor facility; make any structural alterations except as provided in this Lease Agreement, erect any antenna's on any building roofs, discharge or deposit any substance in plumbing facilities or use the same for any purpose other than that for which constructed. 8. REPAIRS. (a) Landlord's Reoair Responsibilities. Landlord shall maintain in good repair, reasonable wear and tear and casualty excepted, all parts of the Common Area, the exterior of the Shopping Center building and all structural elements of the building, including footings, foundation walls and roof, making all necessary repairs and replacements, whether ordinary or extraordinary, structural or non-structural. Tenant shall immediately give Landlord written notice (the "Repair Notice") of any defect or need for such repairs, and after receipt of such written notice from Tenant, Landlord shall have a reasonable opportunity to repair the same or cure such defect. The terms "walls", as used in this Paragraph, shall not include windows, glass or plate glass, doors, special store fronts or office entries. If Landlord shall fail to make any repair to the Leased Premises or any area of the Shopping Center outside the Leased Premises, which is required to be made by Landlord under this Lease Agreement either within ten (10) days after receipt of written notice (the "Fail to Repair Notice") from Tenant of such failure or, if such repair cannot reasonably by completed within such ten (10) day period after receipt of the Fail to Repair Notice and if the condition that is the subject of such proposed repair has a material adverse impact on the routine conduct of Tenant's business in the Leased Premises, then Tenant shall have the right to make the repair and offset the reasonable, verifiable and direct cost thereof against the Base Rent next coming due under this Lease Agreement; provided that the foregoing right of offset shall be subject to the following terms and conditions: (i) The foregoing offset right shall not be available with respect to any repairs required or desired in connection with any condemnation, casualty or other insured event; (ii) Landlord shall not be construed to have failed to proceed with due diligence to the extent that any such failure is due to reasons of force majeure or delays caused by Tenant; (iii) The foregoing offset right shall not be applicable with respect to any "lost profits" or other consequential damages or losses that Tenant may incur or allege in connection with any such condition or failure to repair; (iv) The Repair Notice and Fail to Repair Notice shall state with specificity the nature and extent to each item of repair that Tenant believes should be performed, Tenant's good faith estimate of the cost thereof, and the potential amount of offset; and (v) Any offset effected hereunder shall be exercised through the delivery of written notice to Landlord specifying the amount of the offset and including, as attachments, copies of all invoices or other source documents reasonably necessary to verify the costs underlying such offset, which notice shall be delivered on or before the date that the Base Rent offset is otherwise due. 3 (b) Tenant's Repair resoonsibilities. Except as otherwise provided in this Section, Tenant shall keep the Leased Premises, including the HV AC systems and other utilities providing services to the Leased Premises, at all times in good order, condition and repair at Tenant's own expense and in accordance with all laws, directions, rules and regulations of regulatory bodies or officials having jurisdiction in that regard, subject however, to the provisions of Section 10 hereof. Notwithstanding the foregoing, if HVAC system repairs will cost more than fifty percent (50%) of the replacement cost of the HVAC system, then Landlord shall replace the HV AC system and the replacement cost shall be considered a Common Area Operating Expense. If Tenant refuses or neglects to commence repairs within ten (10) days after written demand, or adequately to complete such repairs, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's stock or business by reason thereof, and if Landlord makes such repairs, Tenant shall pay Landlord, on demand, as Additional Rent, the costs thereof of said repairs. 9. SIGNS: DISPLA Y WINDOWS. Tenant shall submit to Landlord for approval drawings showing all proposed sign work to be erected in connection with Tenant's Leased Premises, including lettering and other advertising media upon the doors and show windows. Erection of any signs shall be prohibited unless approved in writing by Landlord. The size of the Tenant's sign will be limited as follows: (total Shopping Center sign area per Planned Unit Development Agreement) x (total floor area of the Leased Premises! total floor area of all rentable space in the Shopping Center). Loud speakers, or other means of broadcasting in a manner to be heard outside the Leased Premises shall not be used. No sign or advertising medium shall be used so as to be a nuisance or menace to Landlord or other tenants. The cost of installing, maintaining, changing and removing all signs shall be borne by Tenant. Tenant's rights in respect of signs shall not be transferable, except as part of an assignment or sublease consented to by Landlord pursuant to Section 14 hereof. Additional terms regarding the pylon sign along Pilot Knob Road are set forth in Exhibit B. 10. ALTERATIONS. INSTALLATIONS. FIXTURES. Except as herein provided, Tenant shall not make any structural alterations in or additions to the Leased Premises. If structural alterations become necessary because of the application of laws or ordinance, the directions, rules and regulations of any regulatory body to the business carried on by Tenant, because of any act or default on the part of Tenant, or because Tenant has overloaded any electrical or other facility, Tenant shall make such structural alterations at its own expense after first obtaining Landlord's written approval of its plans and furnishing such indemnification against liens, costs, damages and expenses as Landlord may reasonably require. 11. INSURANCE. Tenant agrees to purchase, in advance, and to carry in full force and effect the following insurance, and such insurance policies shall name Landlord as an additional insured: (a) "All Risk" property insurance covering the full replacement value of all of Tenant's leasehold improvements, trade fixtures, inventory and personal property within the Leased Premises. (b) Commercial general public liability insurance covering all acts of Tenant, its employees, agents, representatives and guests on or about the Leased Premises, containing a contractual liability endorsement, in a combined single limit amount of not less than $1,000,000 and written on an "occurrence" basis. The insurance shall be with an insurance company authorized to do business in Minnesota and reasonably satisfactory to the Landlord. Tenant will provide Landlord with certificates evidencing such insurance during the Term and upon Landlord's request. The policies must give Landlord a minimum of thirty (30) days written notice prior to cancellation, termination or change in such insurance. 12. DELIVERIES. PARKING. All loading and unloading and all removal of garbage shall be made in accordance with regulations reasonably adopted by Landlord. Tenant and its employees and agents shall park cars only in areas designated from time to time by Landlord as Employee's Parking Areas. Trucks or delivery vehicles shall not be parked so as to inconvenience other tenants or impede access to the Shopping Center by customers or invitees. 13. WAIVER. LIENS AND INDEMNIFICATION. a. Except as caused by Landlord's gross negligence or wilfull misconduct, Landlord (including its officers, partners, employees, agents and representatives) shall not be liable to Tenant, or those claiming by, through or under Tenant, for any injury, death, or property damage occurring in, on or about the Leased Premises. Without limitation of the foregoing, Landlord shall not be liable to Tenant for any, and Tenant hereby releases Landlord from all damage, compensation or claims arising from: loss or damage to property, books, records, files, money, securities, negotiable instruments or other papers in or about the Leased Premises; the necessity of repairing any portion of the Leased Premises or the amenities within or without the Leased Premises; the interruption in the use of the Leased Premises; accident or damage resulting from the use or operation by Landlord, Tenant, or any other person or persons whatsoever of heating, cooling, electrical or plumbing equipment or apparatus; any fire, robbery, theft, or any other casualty; and leakage or bursting of pipes or water vessels or any roof or wall leakage, in any part of the Leased Premises; water, rain, snow or underground water that may leak into, flow on, or flow from, any part of the Leased Premises; or acts or omissions of persons occupying or transacting business in the adjoining premises or any part ofthe Shopping Center. b. Tenant agrees to pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished to 4 Tenant in or about the Leased Premises which may be secured by any Mechanic's, Materialmen's or other lien against the Leased Premises or the Landlord's interest therein and will cause each such lien to be discharged at the time performance of any obligation secured thereby matures, provided that Tenant may contest such lien, but if such lien is reduced to formal Judgment and if such judgment or process thereon is not stayed, or if stayed and said stay expires, than and in such event Tenant shall forthwith pay and discharge said judgment. Landlord shall have the right to post and maintain on the Leased Premises notice of non-responsibility under the laws of the State of Minnesota. c. Tenant shall defend with counsel approved by Landlord (which approval will not be unreasonably withheld), indemnify and hold Landlord (including its officers, partners, employees, agents and representatives) harmless from and against all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgment and expenses, including, but not limited to, reasonable architects' and attorneys' fees, which may be imposed on or incurred or paid by or asserted against Landlord, the Leased Premises, Shopping Center, or any interest therein by reason of or in connection with any of the following: (i) Any alterations and anything done in, on or about the Leased Premises; (ii) The use, nonuse, possession, occupation, condition, operation, maintenance or management of the Leased Premises; (iii) Any negligent or tortious act on behalf of Tenant or any of Tenant's agents, contractors, servants, employees, licensees, or invitees; (iv) Any accident, injury, death or damage to any person or property occurring in or on the Leased Premises; and (v) Any breach of this Lease Agreement by the Tenant. 14. ASSIGNMENT OR SUBLETTING. Tenant agrees not to sell, assign, mortgage, pledge, or in any manner transfer this Lease Agreement or any interest thereunder and not to sublet the Leased Premises or any part thereof and not to permit any licensee or concessionaire therein without the previous written consent of Landlord in each instance, which consent shall not be unreasonably withheld. Consent by Landlord to one assignment of this Lease Agreement or to one subletting of the Leased Premises shall not be a waiver of Landlord's rights under this Section as to any subsequent assignment or subletting. Landlord's rights to assign this Lease Agreement are and shall remain unqualified. Upon any sale of the Leased Premises and providing the purchaser assumes all obligations under this Lease Agreement, Landlord shall thereupon be entirely freed of all obligations of the Landlord arising therefrom and shall not be subject to any liability resulting from any act or omission or event occurring after such conveyance. 15. ACCESS TO PREMISES. Landlord reserves the right to enter upon the Leased Premises upon not less than 24 hours prior notice in order to inspect the same, or to make necessary repairs, additions or alterations to the Leased Premises. Landlord may exhibit the premises to prospective tenants, purchasers or lenders only during the last six (6) months of the Term. Landlord may, however, enter at any hour in the event of an emergency. 16. UTILITY SERVICE. (a) Gas. Water and Electricitv. Landlord agrees to cause mains, conduits, and other facilities to be provided and maintained to supply all necessary utility meters for gas, water, and electricity to the point where they enter the Leased Premises, and Tenant shall provide and maintain the same within the Leased Premises and pay when due all billings for gas, water and electricity used in the Leased Premises. (b) Interruotion of Service. Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or by any other supplier of any utility service or other service to the Leased Premises shall be interrupted or impaired by fire, accident, riot, strike, act of God, the making of necessary repairs or improvements or by any causes beyond Landlord's control or if service may be curtailed or interrupted by energy regulations issued by any lawful authority. 17. EMINENT DOMAIN. (a) Leased Premises. If the Leased Premises, or such portion thereof as to render the balance unsuitable for the purposes of Tenant, is taken by condemnation or the right of eminent domain or by private sale in lieu thereof, either party shall be entitled to terminate this Lease Agreement upon written notice to the other, provided that such notice is given within thirty (30) days after Tenant has been deprived of possession by such taking or sale. (b) Takiml of Shoooinll Center. If 50% or more of the Shopping Center is taken by condemnation or the right of eminent domain or by private sale in lieu thereof, Landlord may terminate this Lease Agreement upon giving written notice of termination to Tenant within one hundred twenty (120) days following the date of such occurrence. (c) Damalles. All damages awarded for a taking under the power of eminent domain whether for whole or part of the Leased Premises belong to and are the property of Landlord whether such damages are awarded as compensation for diminution in value to the leasehold or to the fee of the premises. However, Landlord is not entitled to any separate award made directly to Tenant by the taking authorities for the fair value of leasehold improvements made by Tenant, the cost of removal of stock and fixtures, moving expenses or loss of business. The term "eminent domain" includes the exercise of any similar governmental power and any purchase or other acquisition in lieu of condemnation. 18. DAMAGE OR DESTRUCTION. 5 (a) In the event that the Leased Premises shall be damaged or destroyed by fire or other casualty, Landlord shall, unless it shall elect to cancel and terminate this Lease Agreement, as hereinafter provided, repair such damage and restore the Leased Premises, with all reasonable diligence, to substantially their condition immediately prior to the happening of such event. The fixed minimum rent and additional rent provided to be paid by Tenant hereunder shall be abated or reduced proportionately during any period in which, by reason of such damage or destruction, there is substantial interference with the operation of the business of Tenant in the Leased Premises, considering the extent to which Tenant may be required to discontinue its business in the Leased Premises, and such abatement or reduction shall continue for the period commencing with such destruction or damage and ending with the completion by Landlord of such work or repair and/or construction and the issuance of an occupancy permit for the Leased Premises. (b) If fifty percent (50%) or more of the rentable area of the Shopping Center building in which the Leased Premises is located shall be rendered partially or wholly untenantable by fire or other casualty, notwithstanding that the Leased Premises may not have been rendered partially or wholly untenantable, Landlord may terminate this Lease Agreement upon giving written notice of termination to Tenant within sixty (60) days following the date of such fire or other occurrence. 19. SURRENDER. On the last day of the Term, Tenant shall peaceably surrender the Leased Premises in good order, condition and repair, broom clean, reasonable wear and tear only excepted. On or before the last day of the Term, unless otherwise directed by Landlord, Tenant at its expense must remove its trade fixtures, signs, and carpeting from the Leased Premises and any property not removed is deemed abandoned. Any damage caused by Tenant in the removal of such items shall be repaired by and at Tenant's expense. All alterations, additions, improvements and fixtures (other than Tenant's trade fixtures, signs and carpeting) which shall have been made or installed by either Landlord or Tenant upon the Leased Premises and all hard surface bonded or adhesively affixed flooring and all lighting fixtures, except any track or specialty lighting, shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance or injury, and without charge, at the expiration or termination of this Lease Agreement, unless Landlord directs the removal of all or some of these items. Tenant shall promptly surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combination on any locks and safes on the Leased Premises. 20. SHORT FORM OR MEMORANDUM OF LEASE. Either party, upon request, shall promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this Lease Agreement, setting forth a description of the Leased Premises or Shopping Center, the term of this Lease Agreement or any other provisions thereof, except for Rent, as Landlord may request. Notwithstanding the foregoing, Landlord agrees that any short form of this Lease Agreement will set forth the exclusive use clause found at Section 33 herein. 21. COMPLIANCE WITH LAW. Tenant shall obtain and maintain in force and effect all permits, licenses and similar authorizations to use the Leased Premises for its purpose required by any governmental authority, and comply with all applicable laws. 22. ABANDONMENT. In the event the Tenant should at any time vacate or abandon the Leased Premises so as to cease doing business thereon for a period of more than thirty (30) days (except for a closing of the premises due to strikes or damages or destruction by fire or other cause covered by extended risk insurance coverage), the Landlord shall have a continuing option until Tenant shall reoccupy the Leased Premises and open for business thereon of terminating this Lease Agreement irrespective of whether the Tenant may not otherwise be in default under the terms and provisions of this Lease Agreement. Landlord may exercise such option to terminate this Lease Agreement by sending written notice to the Tenant of its intention, whereupon the Tenant will be permitted thirty (30) days from the date of such notice to remove its personal property, fixtures and equipment from the Leased Premises in the manner heretofore provided. At the expiration of said thirty (30) day period, this Lease Agreement will, at the option of Landlord, be deemed to have terminated and the Tenant shall surrender possession of the Leased Premises to the Landlord in the condition and in the manner herein provided and shall bring all Rents current to the date of Lease termination. 23. OFFSET STATEMENT. ATTORNMENT. Within ten (10) days after request therefore by Landlord, Tenant agrees to deliver a certificate to Landlord or any mortgagees, certifying (if such is the case) that this Lease Agreement is in full force and effect and that there are no defenses or offsets, or stating those claimed by Tenant. 24. DEFAULT. (a) Tenant Default. If Tenant fails to pay any Rent or other amounts due hereunder within five (5) days after notice of default, or if Tenant breaches this Lease Agreement and does not cure the breach within thirty (30) days after written notice of such default, or if Tenant suffers this Lease Agreement to be taken under any writ of execution, then Landlord, besides other rights or remedies it may have, has all of the following rights: (1) Landlord may terminate this Lease Agreement. (2) Landlord has the immediate right of re-entry and may remove all persons and property from the Leased Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. 6 (3) If Landlord elects to re-enter, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may without tenninating this Lease Agreement, make such alterations and repairs as may be necessary in order to re-Iet the Leased Premises, and re-Iet said Leased Premises or any part thereof for such tenn (which may be for a tenn extending beyond the Tenn of this Lease Agreement) and at such rental and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. (4) Upon such re-Ietting all rentals received by the Landlord shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any expenses of such re-Ietting, including brokerage fees, attorney's fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-Ietting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of Leased Premises by Landlord is an election on its part to tenninate the Lease Agreement unless a written notice of such intention be given to Tenant or unless the tennination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-Ietting without tennination Landlord may at any time thereafter elect to tenninate this Lease Agreement. (5) In addition to any other remedies it may have, Landlord may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and reasonable attorney's fees. (6) In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease Agreement, or because of the breach of any other covenant therein contained on the part of a party to be kept or perfonned, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefore, including reasonable attorney's fees. (b) Landlord Default. If the Landlord breaches this Lease Agreement, the Tenant may tenninate the Lease Agreement by providing the Landlord with thirty (30) days written notice of the Landlord's breach and the Lease Agreement will tenninate at the end of the thirty day (30) notice period unless the Landlord has cured the breach during the thirty day notice period. If the default is of a nature to require more than thirty (30) days to remedy, the Lease Agreement will not terminate if Landlord has undertaken procedures to cure the default during the thirty (30) day notice period and diligently pursues such efforts to complete the cure. 25. BANKRUPTCY. If the Tenant or any guarantor of this Lease Agreement makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts as they become due, or files a petition in voluntary bankruptcy or for an arrangement or reorganization pursuant to the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing ("Bankruptcy Proceeding"), or files an answer admitting insolvency or inability to payor fails to pay its debts as they become due, or fails to obtain a vacation or stay of any involuntary Bankruptcy Proceeding within forty-five (45) days after the institution of the same, or is adjudicated a bankrupt or be declared insolvent in any Bankruptcy Proceeding, or has a custodian, trustee or receiver appointed for or have any court take jurisdiction of its property, or any part thereof, in any involuntary proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee or receiver shall not be discharged or such jurisdiction not be relinquished, vacated or stayed within forty-five (45) days, then in any such event the Landlord may, if it so elects, with or without notice of such election, terminate this Lease Agreement. 26. NOTICES. Any notice required or pennitted under this Lease Agreement is sufficiently given if sent by registered or certified mail to Tenant at the address of the Leased Premises and to Landlord at the address then fixed for Rent payments. Either party may be like written notice at any time designate a different address to which notices shall subsequently be sent. 27. HOLDING OVER. If Tenant remains in possession of the Leased Premises after the Tenn and without the execution of a new lease, it shall be deemed to be occupying said premises as a tenant from month to month, subject to all the conditions, provisions and obligations of this Lease Agreement in so far as the same can be applicable to a month-to-month tenancy. 28. NON LIABILITY. Landlord is not responsible for its breach of this Lease Agreement for reasons beyond the Landlord's reasonable control. Landlord is not responsible to Tenant for any consequential, special, indirect or incidental damages. 29. INVALIDITY OR UNENFORCEABILlTY OF CLAUSES. The invalidity or unenforceability of any provisions of this Lease Agreement shall have no effect on the validity or unenforceability ofany other provision of this Lease Agreement. 30. RULES AND REGULATIONS. The Landlord may from time to time adopt reasonable rules and regulations pertaining to the operation of the Shopping Center and Tenant is to abide by such rules and regulations. 31. SURVIVAL OF PROVISIONS. Those provisions of this Lease Agreement including, but not limited to Section 13, that by their nature must survive the Tenn to protect the interests of the party to which they run, survive the Tenn. 32. GENERAL. This Lease Agreement does not create the relationship of principal and agent, partnership, or any association between Landlord and Tenant, the sole relationship between Landlord and Tenant is that of Landlord and Tenant. 7 The terms, convents and conditions hereof shall be binding upon and inure to the successors in interest and assigns of the parties hereto. No waiver of any default of Tenant hereunder shall be implied from any omissions by Landlord to take any action on account of such default, and no express waiver shall affect any default other than the default expressly waived and that only for the time and to the extent therein stated. A waiver by Landlord shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. Each provision of this Lease Agreement performable by Tenant shall be construed to be both a covenant and a condition. No action required or permitted to be taken by or on behalf of Landlord under the terms of this Lease Agreement shall be deemed to constitute an eviction or disturbance of Tenant's possession of the Leased Premises. The submission of this Lease Agreement does not constitute a reservation of or option for the Leased Premises and this Lease Agreement is effective only upon execution and delivery thereof by Landlord and by Tenant. The headings of the sections are for convenience only and do not define, limit or construe the contents of such sections. All preliminary negotiations are merged into and incorporated in this Lease Agreement. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this Lease Agreement. All Exhibits are incorporated herein and a part hereof. 33. EXCLUSIVE USE. The Landlord shall not lease any other space in the Shopping Center of which the Leased Premises is a part to any tenant whose primary business is the sale of intoxicating liquors, whether on-site or off-site. ACCEPTED AND AGREED TO: City of Farmington Schwiness, LLC By: By: Title: Title: Date: Date: 8 EXHIBIT A Leased Premises 9 EXHIBIT B Landlord's Work; Pylon Sign Landlord's Work. 1. Building will be a one story structure with steel frame and masonry construction, and with an exterior of glass, stucco, and brick built in accordance with the plans as approved by the City of Farmington. 2. Roof construction over store areas will be membrane roofing over steel joist and metal deck. 3. The ceiling height measured between the floor slab and ceiling when finished as provided will be approximately 10 feet. 4. Storefronts will be glass with a 16" sill along the base of the front elevation, stucco in the sign band, and brick. 5. Interior finishes and specifications: (a) Concrete floor. (b) Suspended ceiling tile or provide Tenant an allowance of equal value. (c) Gypsum board demising wall taped and sanded. (d) One toilet room per code, including plumbing fixtures, hot water, ceramic floor with base, mirror, light exhaust fan, and one hub-type floor drain. (e) Heating and air conditioning system sized to Tenant's Leased Premises and according to code: two five ton HV AC units. (t) Separate gas meters for each tenant space at a location determined by Landlord. (g) Separate electrical service individually sized and metered for each Tenant space (maximum Landlord responsibility is 200 amp, 220 volt- 3 phase). (h) 2' x 4' recessed fluorescent light fixtures in the sales area (one light per 64 square feet of ceiling area) or provide Tenant an allowance of equal value. (i) 110 volt electrical receptacles on the perimeter sales and storage area walls of approximately one per 20 linear feet. G) Electrical service to a junction box for Tenant signs. Box will be located on inside surface of the exterior wall with extension to signs and any special controls furnished by Tenant. All wall signs, sign structure supports and sign lighting shall be furnished and installed by Tenant. Tenant must conform to all sign specifications as required by law. (k) Front entrance. One glass entry vestibule with two exterior doors and two interior doors with automatic motion activated openers on the two exit doors, per plan. Doors are aluminium and glass. (I) Two 3' x 7' steel back doors. Except as specifically set forth in this Exhibit B, Tenant shall be responsible for all other improvements to the Leased Premises including, but not limited to, all trade fixtures, wall and floor covering, equipment, interior partition walls, any additional electrical and/or HV AC requirements beyond that supplied by Landlord as indicated herein. Pvlon Sitms. Landlord will erect a pylon sign post for installation of the Tenant's sign. The size of the Tenant's sign will be limited as follows: (total pylon sign area) x (total floor area of the Leased Premises! total floor area of all rentable space in the Shopping Center). The Tenant's pylon sign is subject to the provisions of Section 9. 10 EXHIBIT C Option to Renew 1. Option to Renew. If the Tenant is not in default in any of the terms and conditions of the Lease Agreement, Tenant shall have the right to extend the Term of this Lease Agreement for three (3) additional years (the "Renewal Terms"), by giving Landlord notice of its exercise ofthis option at least one hundred eighty (180) days prior to the expiration of the initial seven (7) year Term and, ifapplicable, at least one hundred eighty (180) days prior to the expiration of the first Renewal Term. The monthly Base Rent set forth in Section 3(a) shall be increased for the Renewal Term as follows: First Renewal Term is for three additional years] Years 8, 9 and 10: Year 7 monthly Base Rent x ((CPI Year 7)/(CPI Year 4 )) Where, CPI Year 7 is the most recently published Consumer Price Index 180 days prior to the end of the initial 7 year Term; and CPI Year 4 is the most recently published Consumer Price Index 180 days prior to the end of Year 4. The Consumer Price Index refers to the Consumer Price Index (all urban consumers) published by the United States Department of Labor. Except as specifically provided in this Exhibit C, all other terms and conditions of the Lease Agreement remain in effect during the Renewal Terms. The Term and Renewal Terms are collectively referred to as "Term". 11 lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council members, City Administrator P- FROM: Robin Roland, Finance Director SUBJECT: 2003 Comprehensive Annual Financial Report DATE: June 7, 2004 INTRODUCTION The independent audit of the December 31, 2003 financial records was completed on March 26, 2004. Subsequently, the Comprehensive Annual Financial Report has been completed and the City's auditors, Kern, DeWenter, Viere, Ltd. have issued their opinion on that report. In addition, they have issued a Management Report on the City of Farmington for year-end 2003. Both documents will be presented. DISCUSSION The City's General Fund final audited numbers for 12/31/03 indicate a decrease to the fund balance of $348,017; bringing the fund balance total to $2,029,492. As noted in the auditor's management letter, this represents 33.3% of the 2003 annual expenditures of the City's General Fund with a preferred fund balance target of 35% to 40% of annual expenditures. In 2003, actual General Fund revenues were less than budgeted revenues by $20,107 and actual expenditures were $327,910 more than budgeted, resulting in the decline of the fund balance by 15%. Further information and graphical representation will be presented at the meeting. The 2003 report is the first year of reporting under Government Accounting Standards Board Statement (GASB) #34, so the financial report looks different in years past. This difference is not only in formatting but in the actual way the financial information is compiled and reconciled. The presentation will also address this change. ACTION REOUIRED For information only. Matt Mayer from Kern, DeWenter, Viere will be at the meeting with a presentation and to answer any questions Council may have. Respectfully submitted, /yp/J . Robin Roland Finance Director /o~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Dakota County 2005 - 2009 CIP - City Requests DATE: June 7, 2004 INTRODUCTION Dakota County is in the process of preparing their 2005-2009 Capital Improvement Program. (see the attached letter and schedule) City staff has previously met with the County to discuss potential projects to include in their draft CIP. DISCUSSION Pursuant to our meeting with Dakota County staff, the following projects are identified as candidates for inclusion in the draft County 2005-2009 CIP: CR 74, Ash Street, RR Tracks to Trunk Highway 3 - 2005 It has been indicated by County staffthat this project will be funded in 2005. CR 64 (19Sh Street), from Autumn Glen to TH 3 - 2006 CR 64 (195th Street) from Autumn Glen to Trunk Highway 3 has been identified by the City and the County as an arterial east-west corridor in Farmington and through the County. Based on the timing of the development of the Seed/Genstar property, the roadway may be needed as early as 2006. CSAH 31, CSAH 50 to CSAH 74 - 2006? This project is included based on the development interest and master planning efforts south of CSAH 50 adjacent to the alignment of the southerly extension of CSAH 31. CSAH 50, Division Street to TH 3 - 2005 (preliminary engineering) The preliminary engineering for this project is currently scheduled in 2005. It was indicated to the County that the construction of the project be scheduled as soon after 2005 as possible, realizing that the timing is dependent on Turnback funds. 20ath Street The concept of the County participating in the construction costs of City streets that support or relieve parallel County Roads has been discussed with the County. The extension of 208th Street to TH 3 would provide a significant, positive impact on Elm Street (CSAH 50) from a traffic standpoint. Therefore, it is requested that the County adopt a policy based on this concept and program funding for the extension of208th street from its current easterly terminus to TH 3. 19Sth Street, Flagstaff to Cedar The City Council in the past has requested that the extension of 195th Street to Cedar be programmed. The County is currently commencing a study to determine the alignment of 19Sth Street between Flagstaff and Cedar. Traffic Signals along Pilot Knob Road The County continues to monitor the intersections along Pilot Knob Road and program traffic signals as warrants are met. Trails The City has also received inquiries regarding the addition of a trail along CSAH 31 south of 195th Street. Currently this section of roadway is two-lane, undivided. It is probably unlikely that the County would participate in a trail project until such time the road is widened to four lanes. Another trail project possibility is the addition of a trail along the south side of CSAH 50 between Akin and CSAH 31 that would be constructed with the development of the area. BUDGET IMPACT It is currently the County's policy that the costs of the roadway improvements are split 55% County and 45% City. City financial participation in the projects identified is yet to be determined but would likely include a combination of funding mechanisms that would be identified in individual project feasibility reports. ACTION REOUESTED For information and discussion. Projects identified to be forwarded to Dakota County for consideration for inclusion in their 2005-2008 draft CIP. Respectfully Submitted, ~.~~ Director of Public Works/City Engineer cc: file Brandt Richardson County Administrator Dakota County Administration Center 1590 Highway 55 Hastings, MN 55033-2372 651.438.4528 Fax 651.438.4405 www.co.dakota.mn.us brandt.richardson@co.dakota.mn.us ... '-01 P~nted on recycled paper with 30% post-consumer waste, AN EQUAL OPPORTUNITY Et1PLOYER ~~ COUNTY March 31,2004 Lee Mann, Director of Public Works City of Farmington 325 Oak Street Farmington, MN 55024 Dear Lee: Dakota County is beginning the update of its annual Capital Improvement Program (CIP) and is seeking your input. We would appreciate any suggestions regarding new projects, changes or modifications that you would like to see us incorporate in the County's 2005- 2009 Capital Improvement Program. A copy of the 2004-2008 adopted CIP was sent to you in February. The 2004-2008 CIP is also available on-line at: http://www.co.dakota.mn.us/finance/pdf/C I PDakotaCountv2004-08.pdf, or by contacting Sandy Christensen at 651.438.4541. Please submit your comments to the following individuals by June 18, 2004: Transportation (Road and Intermodal Projects) Holly Anderson 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 952.891.7104 Park Projects Bruce Blair 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 952.891.7990 Building Projects Ken Harrington 1590 Highway 55 Hastings, MN 55033 651.438.4542 The Transportation Department is also scheduling meetings with the city public works directors and township officials to discuss future transportation CIP projects. We will begin preparing the 2005-2009 CIP in June and anticipate having a draft CIP for your city or town board's formal review and comment by early September. At that time, we will seek a formal resolution from your governing board in support of those requests that have been included in the draft CIP. Thank you for your consideration. ~~:a(?~ Brandt Richardson County Administrator April - May 2004 Dakota County Transportation & Planning Departments are available to meet with individual cities/townships June 18, 2004 Citynownship requests for projects due* July 2004 Draft summary Capital Improvement Program (CIP) due for internal review August 13,2004 August 31 , 2004 Print draft CIP Present draft 2005-2009 CIP to Administration, Finance & Policy (AFP) Committee (draft CIP sent to cities/townships after AFP authorization) September 24, 2004 Citynownship comments on draft CIP and Resolution due* October 11 , 2004 Present final draft 2005-2009 CIP to County Board November 16, 2004 Public Hearing (Truth in Taxation) held December 21 , 2004 County Board Adopt 2005-2009 CIP December 31,2004 Print CIP and provide to Cities * Please send comments (& resolutions) to Holly Anderson, Dakota County Transportation Department, 14955 Galaxie Ave., Apple Valley, MN 55124-8579 P:\CI P\2005-2009\Schedule2005-2009Rev.doc 1 :43 PM 4/27/2004 IDe! GREAT RIVE~!.N~~rl 1l Xcel Energy" May 12, 2004 Great River Energy, Elk River; Dakota Electric Association, Farmington; and Xcel Energy, Minneapolis, are proposing a high voltage transmission line and associated substation project to improve system reliability for customers in the Farmington and Lakeville areas. On April 30, 2004, Great River Energy and Xcel Energy submitted a route permit application for the transmission line and new substation to the Minnesota Environmental Quality Board (EQB) pursuant to the alternative permitting process contained in Minn. Rules pts. 4400.2000 to 4400.2950, and Minn. Stat. ~ 116C.51 to 116C.69 (the Minnesota Power Plant Siting Act). The project involves approximately 9.25 miles of 115 kV transmission line and a new distribution substation (see map). The proposed 115 kV transmission line will connect the existing Xcel Energy Air Lake Substation, the proposed new Xcel Energy/Dakota Electric Association Vermillion River Substation, and the existing Great River Energy/Dakota Electric Association /Xcel Energy Empire Substation. Approximately one-third of the transmission project will be the addition of a second circuit to an existing Xcel Energy 69 kV transmission line (using existing rights-of-way). The remaining two-thirds of the project is a transmission line that will require acquisition of new rights-of-way. In accordance with Great River Energy and Xcel Energy's authority under state law, they may, if necessary, exercise the power of eminent domain. Details of the proposed project are: . Build the new Xcel Energy/Dakota Electric Association Vermillion River Substation, which will be owned by Xcel Energy. Dakota Electric Association will have easement rights in the substation for its distribution facilities. . Add approximately 2.75 miles of 115 kV line to the existing Xcel Energy single circuit 69 kV line along County Road 50 from Cedar Avenue (the line is already 115 kV between Xcel Energy's Air Lake Substation and Cedar Avenue) to just east of Eaton Avenue, then north into the proposed Vermillion River Substation. The existing single circuit Xcel Energy line would be replaced with a double circuit configuration for this 2.75-mile distance. Both circuits would be designed and insulated to 115 kV, with one circuit operated at 69 kV. This section of line will be owned by Xcel Energy. . Build approximately 6.5 miles of new 115 kV transmission line between the Vermillion River and Empire Substations. This section of line will be owned by Great River Energy. The EQB is required to prepare an Environmental Assessment (EA) on the project and to make a permit decision within six months of accepting the route permit application. As part of its process, the EQB will hold a public meeting about the project within 60 days of acceptance of the application. This meeting will serve as the scoping meeting for the project, in which the public will have an opportunity to comment on the scope of the EA, and alternative routes may be suggested for evaluation. The EQB will hold a public hearing on the application once the EA has been completed. Because the total mileage of the proposed transmission project is less than 10 miles, a Certificate of Need from the Minnesota Public Utilities Commission is not required. Some of you attended a public information meeting about the project held by Great River Energy and Xcel Energy on March 30, 2004 in Farmington. Although the applicants have applied for the preferred route presented at the meeting, alternative routes suggested at the meeting are being evaluated by Great River Energy. For more information about the route permit application or to have your name included on the EQB contact list for this project, contact David Birkholz, Environmental Quality Board, 658 Cedar St., St. Paul, MN 55155 or call 651-296-2878. TTY: Minnesota Relay Service, 800-657- 3794, and ask for EQB. You can also add your name to the project interest list at http://www.eab.state.mn.us/Docket.html?ld=6237 . Current information about the project and a copy of the route permit application are available online at www.GreatRiverEneraV.com.Click on the "projects and studies" and then "power lines" button on the home page. Copies of the permit application are also available at the Dakota County Library in Farmington. Information on Great River Energy's portion of the project may be obtained by calling Dale Aukee at 763-241-2229 or e-mailingproiects@arenerav.com. Information on Xcel Energy's portion of the project may be obtained by calling Pam Rasmussen at 1-800-238-7968 ext. 4661 or e-mailingpamela.jo.rasmussen@xcelenergy.com. Sincerely, GREAT RIVER ENERGY XCEL ENERGY CC: MEQB General Notification List 9 10 11 7 8 Key - Existing Great River Energy (GRE) 115 kV Line - Exlsting Xcel Energy 69 kV Line - Existing Xcel Energy 115 kV Line - Exlsting Xcel Energy/GRE 115 kV Triple Circutt - - Proposed Great River Energy 115 kV Line ..... Proposed Xcel Energy 69/115 kV Double Circutt Proposed Xcel EnergylOEA Vennillion River Sub 16 15 17 21 Empire Township T 114N R 19W 36 T 113N R 20W Eureka Township 10 11 12 7 8 9 10 fOe City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Adrnllristratolf/v'V FROM: Kevin Carroll, Community Development Director SUBJECT: Review Proposed Revision of 2020 Thoroughfare Plan DATE: June 7, 2004 INTRODUCTION The City's Thoroughfare Plan needs to be revised to reflect the locations of future collector roads for the area between Akin Road and State Highway 3. DISCUSSION The City's 2020 Comprehensive Plan includes a Thoroughfare Plan (copy attached) that shows the locations of existing and future arterials and collectors. This Thoroughfare Plan does not currently show any arterials or collectors within the area bounded by 195th Street on the north, State Highway 3 on the east, 208th Street on the south, and Akin Road on the west. The owners of several large parcels within this area are participating in the current MUSA review process (see attached map). Although the MUSA Review Committee has not yet completed its deliberations or made any formal recommendations, it is clear that several properties in the area in question are ripe for residential development. Information regarding the potential location(s) of future collectors within this development area would be very useful to property owner, developers, City staff, and the members of the MUSA Review Committee. The Council's formal adoption of a revised Thoroughfare Plan will also enable the City to require that right-of-way be provided by property owners/developers when platting begins to occur within this developing area. The City's transportation consultant was recently asked to (a) review staff projections regarding potential residential densities (housing units) in the area in question, and (b) prepare estimates regarding the number of daily vehicle trips that would be generated by these new residences, and (c) make recommendations regarding the number and location of collector roads that would be required to safely handle the anticipated traffic volumes. I have attached a copy of the consultant's Memo dated June 1, 2004 regarding the aforementioned topics, along with a map that depicts his recommended Thoroughfare Plan amendments. Some of the collector roads shown are located within Empire Township, primarily because it would be difficult to develop a sensible or "regionally effective" transportation plan that stopped at the Farmington/Empire Township boundary. As you will note, the proposed amendments include three east-west connections to Akin Road, and new north-south connections to the Autumn Glen and Riverside developments. Each connection will affect some existing property owners, to varying degrees. At this point, it would be premature to engage in detailed discussions of the legal, engineering, financial or topographic aspects of any particular intersection or roadway alignment. However, the Council's general comments and input regarding the traffic consultant's recommendations would be very helpful. If the Council indicates its general support for the recommended Thoroughfare Plan revisions, staff will proceed to schedule a public hearing before the Planning Commission. The proposed amendments will then come back to the City Council for further discussion and formal action. ACTION REOUESTED No formal action is required. 2 .w - 1\11 Bonestroo Rosene Anderlik & Associates Engineers & Architects MEMORANDUM Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. . Marvin L. Sorvala, P.E. . Glenn R. Cook, P.E. . Robert G. Schunicht, P.E. . Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik, P.E. . Richard E. Turner, P.E. . Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E.. Robert R. pfefferle, P.E.. Richard W. Foster, P.E. . David O. Loskota, P.E. . Mark A. Hanson, P.E. . Michael T. Rautmann, P.E. . Ted K. Field, P.E. . Kenneth P. Anderson, P.E. . Mark R. Rolfs, P.E. . David A. Bonestroo, M.B.A. . Sidney P. Williamson, P.E., L.S. . Agnes M. Ring, M.B.A. . Allan Rick Schmidt, P.E. . Thomas W. Peterson, P.E. . James R. Maland, P.E. . Miles B. Jensen, P.E. . L. Phillip Gravel III, P.E. . Daniel J. Edgerton, P.E. . Ismael Martinez, P.E. . Thomas A. Syfko, P.E. . Sheldon J. Johnson. Dale A. Grove, P.E. . Thomas A. Roushar, P.E. . Robert J. Devery, P.E. Offices: SI. Paul, SI. Cloud, Rochester and Willmar, MN . Milwaukee, WI . Chicago, IL Website: www.bonestroo.com To: Kevin Carroll Lee Smick Lee Mann From: Sheldon J. Johnson Date: June 1, 2004 Re: Thoroughfare Planning - Area East of Akin Road, South of 195th Street, North of208th Street File No. 141-04-000 Pursuant to our review of proposed land uses, which are all residential, a concept thoroughfare plan for the above-referred area was prepared and discussed/revised with various City staff. The area in question, due to its size and estimate of daily trips generated, will require the provision of collector streets to connect to existing collectors and/or arterials in the vicinity of the site. My previous memo of May 6, 2004, discussed the assumed land use and daily trip estimates. The area is in need of two north-south collectors that would be extended through the site and provide a connection to future 195th Street, a part of which is already built. In the east-west direction, there should be three collector connections shown to intersect with Akin Road. These would be at Devonport, 203rd Street, and 198th Street. These three connections would help to "balance" the traffic load and not place an undue burden on anyone of the three. The 203rd Street connection is of highest importance as it provides a direct connection from the area in question to Pilot Knob Road. 203rd is an important collector in this vicinity. The spacing of these connections along Akin Road is such that future improved traffic control of these intersections, when warranted, can be accomplished without adversely affecting traffic along Akin Road. The north-south connections, as they intersect with 195th Street, will also be spaced in such a manner so as to allow intersection traffic control that does not negatively affect 195th Street traffic. 2335 West Highway 36. St. Paul, MN 55113.651-636-4600. Fax: 651-636-1311 Movement to/from the east is hampered by the rail road tracks. Such movement will be accommodated by the future 208th Street and 195th Street grade separated crossings of the rail road tracks. It is not expected that at-grade crossings will be allowed. The proposed thoroughfare plan for this area is necessary to alert prospective development of the City's plan for this area - a plan that will be provided as development occurs. 2335 West Highway 36. St. Paul, MN 55113.651-636-4600. Fax: 651-636-1311 ~ - 1\11 Bonestroo Rosene Anderlik & Associates Engineers & Architects MEMORANDUM Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. . Marvin L. Sorvala, P.E.. Glenn R. Cook, P.E. . Robert G. Schunicht, P.E.' Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E.. Joseph C. Anderlik, P.E.. Richard E. Turner, P.E. . Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. . Robert R. PleHerle, P.E.' Richard W. Fosler, P.E. . David O. Loskola, P.E. . Mark A. Hanson, P.E.' Michael T. Rautmann, P.E. . Ted K. Field, P.E. . Kenneth P. Anderson, P.E.. Mark R. Rolfs, P.E. . David A. Bonestroo, M.B.A. . Sidney P. Williamson, P.E., L.S. . Agnes M. Ring, M.B.A. . Allan Rick Schmidt, P.E. . Thomas W. Peterson, P.E. . James R. Maland, P.E. . Miles B. Jensen, P.E.' L. Phillip Gravel III, P.E. . Daniel J. Edgerton, P.E.' Ismael Martinez, P.E.' Thomas A. Syfko, P.E.' Sheldon J. Johnson. Dale A, Grove, P.E. . Thomas A. Roushar, P.E. . Robert J. Devery, P.E. Offices: 51. Paul, 51. Cloud, Rochester and Willmar, MN . Milwaukee, WI . Chicago, IL Website: www.bonestroo.com To: Kevin Carroll Lee Smick Jim Atkinson Lee Mann From: Shelly Johnson C;1 Date: May 6, 2004 Re: Area East of Akin Road; South of 195th Street ---Trip Estimates Project No. 141-04-000 An estimate of daily trips has been prepared for the area referenced above. The land use assumption, prepared by City staff, is residential and the density assumptions are attached to this memo. A graphic of the area is also attached. The trip generation estimates are as follows: Jurisdiction Land Use Units Daily Trips Farmington SF Residential 556 5,320 Empire Township SF Residential 449 4,295 Townhome 556 3,250 Apartment 234 1.550 Total: 14,415 I have prepared a concept of future collector-type roadways to serve the area. These were used for the trip assignments and the concept is contained in the large map attached (one map only). This map can be used for discussion in order to consider all input before a preferred concept can be developed. 2335 West Highway 36. St. Paul, MN 55113.651-636-4600. Fax: 651-636-1311 I " - ~ / I 2004 MUSA Request S Property Location Map ~ U 1/ l ~L L- :r;T \. I I -- O? r / J L ~ [! '1 ~ ::::J , . "d~i~ ":(t . ~ L . ( ~.i . . . ~ tJ .. ... N ) ~ :J SlBlI ~s lR5T - I--- OONNB..lY - Ir--i 0 L!= ~ OONNaLY ~ LJ ~ ~ oo!:,{~ -----, c:::: r--- J L. L-J ~.. r---..... H 8 [~ ~ MANU: ~ t- IT t.UlPHY ~ ~ ~ - ...... ~'= ~ .",!,~ ~ ~ t~ .--- l: _. .., I"" :=1 .... ~-~ S CAH~ P " ;:~ifSt '~~'- ----./L :~ ~-- "'-. ~ I SI'I! .~:E::J ~ ~I aft" 2 f.I -;e,. f= 'rib: ..... fRl<<DR t.UlPtIY. j ~- =t - 1 111= ~ 1 b-',~f~'; ':l L--- ----j J/ T : I!VHEv'..... - .) I u :1 G -- III - . . IV WNJ<l.ER ~ l ~ 1m '--- I c --- - A ! i' u - - J;; PE"TERSON Ji.llN It:- PE"TE 50N n ~ u- .1 t ^ bJ ~ I - ~ I .,... ""h .>L r I:;, r1 .tit,. Ir" LJ l / p ..,j ~ V - ,.c;> .." ../ [ - '----- /' / Munidpal Boundary ] N . Current MUSA Boundary .. :J . MUSA A roved Orderl Annexation Area w E ~ pp y _ MUSA Applicants D Letters of Interest . s 2020 Thoroughfare Plan City of Farmington Map 9.1 ~/' t- I I ~ :d ~ L ~-\ I =:JI I l P= _J c:: LrLJ , ( ... I 1\ """\ \ \ " " J-- _ _ \ I '\ ~ ...\..' V I ~/ : \\~ I; M )'1 ~~ l \ r-, -- "'~,~ e-- ~ ~ \~ ~~ \ I~~ ->:7 l- IT"'- J __~ .:J-I~ JI ---. fj ILrl ,IT ~ '" ~ ~ .. ~ 1 ,., ") f lW _ rt.../.l U - .---- J - · ~ - b---o'...... t=J "'....L n" F?l I I I =:t"'! .-l.--:::! II \ J '-- rffiI !..J f-' li J ._..J ~_ C l a I I rLn - - - [: ~Existing Minor Arterial ~Future Minor Arterial ~Existing Collector Zv Future Collector /'V Existing Minor Collector /'/ Future Minor Collector Iv Future Roadway (\/~ City Sou nda ry City Parcel Map N I I k~ i~ h hrrnr LeQend W*E S (8...-.-. - . , 't-- . ," e-r::.;.~' Scale 0.5 , o 0.5 1 Miles '-OTE: THS MAP IS FCR A.AANNG PlRPOSESON.Y ANDSHOUD '-OT BE LSED FOR EXACT t,EASU~NTS c<\)'orf....""'"'" P,..,,.ngO.....oO)... IWQ Recommended Thoroughfare Plan Amendments Area East of Akin Road I r'-t-1 t --'\.\--;?<;;/'.:^' 1 -<.L " /./\ ~~'\:/'50 \i PJ7Ti7/lllllllli::Jr ~p ~ ':?iiftJ111111111 II J II I III II ~ ~!:!:Y!/Y'? __11111 v ~h~r1<< ~~11 '~i~~~ -lJr~\SD'X'{~ \~ j / \R-'>- 7"':'! IRHJ' dl~ ~\\ ~ ~~,." .... r.~. f 7:;;:; .... .. r-. ~ -- ... - -+-:1 1-" \'\ ~ . .- -. . .. ~ --x-; ~~ ~~~ --. II I ,~0 ~ (" . . __. I ~ / '''''. .--~ ---~-._.. ~ - , - I' -. \~ ~\\ 'I.. ..;. I 1- .,a ~ f~~ :: j: ~ ~~~~",~^I. ..~. ."~.r"".~ # F TJ ~ ~ ~1I ... j · ~ bffiiSffilu I I I ff .~.I-.il' -ill,~ ::t \ ': ff'" :,J ~ :~ \\~~~'I'llfi -i - ; - .. - "'f11~ -~ /'I'I'~' :~;::';:,~~~=-,'" --1D LJ~ ~IO!~ \ fl ~~ .. 1'1 - Future Minor Arterial · · · I Future Collector ..... II Future Minor Collector Alignment to be Removed from Plan ..... Municipal Boundary c=J City of Farmington c=J Empire Township ~. ~ ~: 1\ ; :1 ; I , . . : / ; . 1/ 't \\ III II I P- J. II II II i= I o f- I- :r: ~ '.., [ - I - -1 ;::' ~ ~ o 0,'25 0.25 , 0.5 , 0.75 IMI~s 1 lOP City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and City AdministratP f~ FROM: Ken Kuchera Fire Chief SUBJECT: Firewise Grant Award DATE: June 7, 2004 INTRODUCTION The Farmington Fire Department has been awarded a $10,000 Firewise grant for the installation of dry hydrants or similar water systems by the Minnesota Department of Natural Resources. DISCUSSION The Fire Department serves 88 square miles, of which 76 square miles is rural area encompassing three townships. The project would include installation of 5 dry hydrants which would serve 500 homes. Dry hydrant availability will reduce the overall time of maintaining an adequate water supply. BUDGET IMPACT None. ACTION REOUESTED Authorize staff to sign the Grant Contract with the State of Minnesota Department of Natural Resources. Respectfully submitted, c-" ~.K~J~\~ Ken Kuchera Fire Chief STATE OF MINNESOTA GRANT CONTRACT Accounting Information Agency: R29 Fiscal Year: 4 I Vendor Number: 027931000-00 Total Amount of Contract: $10,000.00 Amount of First FY: Commodity Code: Commodity Code: I Commodity Code: Object Code: 5BOO Object Code: Amount: $10,000.00 Amount: I Amount: Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: 300 Fund: Fund: Appr: 3 10 Appr: Appr: Org/Sub: 3715 Org/Sub: Org/Sub: Rept Catg: 3412 Rept Catg: Rept Catg: Amount: $10,000.00 Amount: Amount: Contract: A58920 Begin Date MARCH 26. 2004 End Date DECEMBER 15. 2004 Contractor: FARMINGTON FIRE DEPT 325 OAK ST FARMINGTON. MN 55024 Grant (Rev. 12/00) STATE OF MINNESOTA GRANT CONTRACT 'his grant contract is between the State of Minnesota, acting through its Department of Natural Resources, Division of ~orestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744 ("State") and FARMINGTON FIRE DEPT, 325 OAK ST, FARMINGTON, MN 55024, ("Grantee"). Recitals 1. This grant is issued by the Department of Natural Resources as part ofthe National Fire Plan as administered by the United States Forest Service. Under Minn. Stat. S 84.085 authorizes the Commissioner of Natural Resources, on behalf of the State, to accept and use grants of money from the United States or other grantors for conservation purposes not inconsistent with the laws of this state and in accordance with the purposes of the grant and applicable Federal and State laws and authorizes the Commissioner to make sub-grants of any money received to other agencies, units of local government, and private nonprofit corporations; and Minn. Stat.988.067, as amended in Laws of Minnesota 2000, Chapter 231, Section 113, authorizes the Commissioner of Natural Resources, on behalf of the State, may make grants for procurement of fire suppression equipment and training of fire departments in techniques of fire control. Fire suppression equipment may include, but is not limited to, fire suppression tools and equipment, protective clothing, dry hydrants, communications equipment and conversion of vehicles to wildfire suppression unit. The commissioner may require a local match for any grant. Grantee is a governmental unit and or is a fire- fighting entity located in a rural area; and the State is empowered to enter into this grant. 2. The State is in need of fire department assistance to suppress wildland fires. 3. The Grantee represents that it is duly qualified and agrees to perfonn all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: March 26, 2004, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. No reimbursements for this project will be made until the GRANT AGREEMENT is fully executed. 1.2 Expiration date: December 15,2004, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survivalo/Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 1. Complete work specified in the Project Proposal attached hereto as Exhibit A. This Project Proposal shall be a part of this grant. The proceeds from the sale of any equipment acquired under the grant shall be used solely to acquire equipment that is acceptable under guidelines governing this program. This requirement shall remain in effect for so long as the original equipment continues to have a useful life. Records must be maintained on all items purchased through this grant and STATE'S approval must be secured prior to any disposition of these items. 2. All equipment acquired through this grant must be used solely for prevention, suppression and control of fire. 3. Dry hydrant or water facilities constructed under this grant must be located using a GPS unit and the location(s) reported to Kristie Prahl, Rural Fire Programs Assistant, 402 Southeast Eleventh Street, Grand Rapids,.Minnesota 55744. Grant (Rev. 12/00) 2 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance ofthis grant contract, time is of the essence. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: Compensation. The Grantee will be paid in an amount not to exceed $10.000.00, based on the following computation: The STATE shall reimburse GRANTEE for up to 50 % ofthe reasonable net cost of items purchased, or expenditures made, in accordance with the approved project as shown in Exhibit A. This reimbursement shall not exceed the total amount of this grant. (l) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed "$0.00" provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (2) TotalObligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $10.000.00. 4.2. Payment (l) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and upon completion ofthe services. (2) Federalfunds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Cooperative Forestry Assistance Act of 1978, CFDA number 10.664. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as detennined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Kristie Prahl, Rural Fire Programs Assistant, 402 Southeast Eleventh Street, Grand Rapids, MN 55744, (218) 327-4572, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is KEN KUCHERA, Fire Chief, (651) 463-7111 if the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by Grant (Rev. 12/00) 3 the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn.Stat. 9 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. 9 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights 12 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. 9 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 13 Publicity and Endorsement 13.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 13.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 14 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal Grant (Rev. 12/00) 4 proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 5 Termination 15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 16 Data Disclosure Under Minn. Stat. 9270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. 9916A.IS and 16C.OS. 3. STATE AGENCY Signed: ~~___ Date: February 27. 2004 By: (with delegated authority) Title: Forestry Division Director Date: CFMS Grant contract No: A58920 . GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: gency Jrantee State's Authorized Representative - Photo Copy Grant (Rev. 12/00) 5 1==Ojr VDIVtj "cJ.o.h Dry HydrantlRuralWaterStorage Systems Grants . .", .. , . . ., ' (Any application for dryhydiatlt grants win nQtlimit the chances of getting a grant for projects applied for on, therront ofthis form. 'The dry hydrant grant funds are.additional and separate funds.) , . . . 1. ApproXImate number ofhornes served by proposed dry hydrant project? 500 2.' Numberofdry hydrants to be installed in the project? ..' . ~"S- .,. '. '.. . .', ' 3. Estimated cost ofthe dry hydrant project? $ 'i 00 {Jpa-- H~W ~ft;J:." Description of Dry Hydrant Project: , . - - '. . OU^-TD~.'~.". <, fr~,~8t!J "ftL~ail~.7~. Sf)~,'..'.'...'.. '" .... ,,(\< ~~(),. . . .n ). '. .'. . ' ~i .<>-t. '. ..~~U,,&'_'A.0L~"'- ~~~ ~~~~~s.v~~~;t~B~~'" cw~,~~ ~~".,.',..'...". .kt::;t!;f'k~ "4J, ~oM- "'C~~ D---O ,..... : LAJ'. _, " 'ff '. '.' Authorized Signature:~~~"-K,^"Qo"e;-,cLtDate: 9/:29/03 .. , All fire departments needing dry hydrants are encouraged to apply for funding. " 1!5f1JD City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /k, TO: Mayor and Councilmembers W- City Administrator FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Vehicle Noise signs DATE: June 7, 2004 INTRODUCTION During the Roundtable portion of the May 17, 2004 City Council meeting staff was asked to research the posting of Vehicle Noise Laws Enforced signs as observed near a small town located on a Minnesota State Highway. DISCUSSION Staff conducted research and learned that two cities in the area currently display signs at the edge of their jurisdictions reading Vehicle Noise Laws Enforced. The first city, with a population of approximately 21,000, has signs posted on two Minnesota State Highways passing through its jurisdiction. The second city, with a population of approximately 1,000 has signs posted on one Minnesota State Highway passing through its jurisdiction. In both cases the signs are posted well outside the city limits in advance of posted speed limit signs. Staff was unable to contact the Police Chief for the smaller city and spoke instead to the City Clerk. The signs were posted by the city itself without authorization from the State. Staffwas informed that since the city has only one full time officer there is no enforcement of the signs and further that the city relies solely on voluntary compliance. Staff contacted the police department of the larger city and learned that the city's Public Works Department erected the signs at the entrances to the city without State authorization, in response to public pressure. Staff was informed that the signs are purely a "Public relations response" and that no enforcement has ever been conducted. No tickets have been written. The police department did state that there seems to be at least some voluntary compliance as complaints have diminished. It should be noted that State highway regulations require that a municipality obtain authorization from the Department of Transportation for the affected jurisdiction before erecting any signs within State or County right of way. In addition staffhas been informed that prior to erecting Vehicle Noise Laws Enforced signs within the right of way for Minnesota State Highway 3, Minnesota State Highway 50 and Dakota County Road 50 the City would be required to give assurances that the ordinance would be strictly enforced. Staff does not recommend that signs be posted without authorization from the affected jurisdictions however, at Council direction, staff is prepared to submit the request for signage to the State of Minnesota and Dakota County. Prior to giving direction staff would like to remind Councilmembers of the difficulty of consistently enforcing this ordinance without a significant commitment of police personnel to the enforcement activity. Any reduction in noise is more likely be the result of voluntary compliance than enforcement, as experienced by the two cities mentioned earlier. ACTION REQUESTED Provide staff direction regarding the posting of Vehicle Noise Laws Enforced signs. Respectfully submitted, Daniel M. Siebenaler Chief of Police 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. 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