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Home My WebLink About03.15.04 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 promisingjUture. AGENDA REGULAR CITY COUNCIL MEETING March 15, 2004 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4, APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim Earth Day April 22, 2004 Proclaimed CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (3/1/04 Regular) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Approve Chamber of Commerce Fee Waiver Request - Administration d) Approve CEEF Donation - Administration e) Schedule Council Workshop - Administration f) Adopt Resolution - Approve Gambling Event Permit - Administration g) 195th Street Trail Akin Road Elementary School - Engineering h) Approve Bills Approved Information Received Approved Approved April 6, 2004 R23-04 Approved Approved 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) February 2004 Financial Report - Finance b) Adopt Resolution - Approve East Farmington 8th Addition Development Contract - Engineering c) Approve Agreement with Community Season for On-Line Registration Program - Parks and Recreation d) Adopt Resolution - Minnesota Zoo Bonding Bill Request - Administration Information Received R24-04 Approved Tabled to 4/5/04 11. UNFINISHED BUSINESS \ 12. NEWBUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN I City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING March 15, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim Earth Day April 22, 2004 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (3/1/04 Regular) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Approve Chamber of Commerce Fee Waiver Request -Administration d) Approve CEEF Donation - Administration e) Schedule Council Workshop - Administration f) Adopt Resolution - Approve Gambling Event Permit - Administration g) 19Sth Street Trail Akin Road Elementary School - Engineering h) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) February 2004 Financial Report - Finance b) Adopt Resolution - Approve East Farmington 8th Addition Development Contract - Engineering c) Approve Agreement with Community Season for On-Line Registration Program - Parks and Recreation d) Adopt Resolution - Minnesota Zoo Bonding Bill Request - Administration 11. UNFINISHED BUSINESS Action Taken Pages 1-2 Pages 3-10 Pages 11-13 Page 14 Pages 15-16 Page 17 Pages 18-19 Pages 20-22 Page 23 Pages 24-25 Pages 26-41 Pages 42-53 Pages 54-56 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN 5CL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and City Administrato~/V-- Lena Larson ~ Public Works Administrative Assistant TO: SUBJECT: Proclaim Earth Day DATE: March 15, 2004 INTRODUCTION & DISCUSSION We have celebrated Earth Day on April 22 since 1970. Promoting Earth Day reminds people to rededicate themselves to another year of continuing care of the Earth. In commemoration of Earth Day, the City is holding its 3rd Annual Community Pond Cleanup on May 1 st, May 1 st is also the first of four days of the Curbside Cleanup Day program, which gives Farmington residents the opportunity to recycle and dispose of a number of problem materials. ACTION REQUESTED Proclaim April 22, 2004 to be Earth Day in Farmington, RejectfullY Submitted, ~~ Lena Larson Public Works Administrative Assistant Office of tne :M.ayor :Farminnton, :M.innesota ,.." .~ ... Proclamation W.1fX1tl'Ji\S, more tfian tfiirty years ago, more than twenty mi{{ion .Jtmericans joined together on Tartfi 'Day in a demonstration of concern for the environment, and tfieir corrective action resu{ted in the passage of sweeping new raws to protect our air, water and {and; and W.1fX2tl'J1lS, The peop{e of :Farmington take great pride in our City's naturae 6eauty and support a crean and safe environment; and W.1fX1tl'Ji\S, Tartfi 'Day is a nationa{ and internationa{ carr to action for a{{ citizens to join in a g{06a{ effort to save the pfanet; and W.1fX1tl'Ji\S, Xartfi 'Day activities and events wife educate a{{ citizens on tfie importance of acting in an environmenta{{y sound fasfiion 6y reducing waste, conserving energy and water, using efficient transportation, and adopting more eco{ogica{{y sound {ifesty{es; and W.1fX2tl'J1lS, 'ITirougfi increased environmenta{ awareness, :Farmington can meet the cfia{{enge of fiaving an eco{ogica{{y fieaftfiy community and a vifJorous environment for its citizens; :NOW 'I'.1f'ER!E:!,O'R:E, 'BX IT P'ROCl..7tI:M'ED that the City Counci{ of the City of :Farmington desifJnate and procfaim .Jtpri{ 22, 2004 as Tartfi 'Day. In witness wFiereof I nave Fiereunto set my nand and caused tfie sea[ of tnis city to De affixed. :Mayor 'Date 7a- COUNCIL MINUTES REGULAR March 1, 2004 1. CALL TO ORDER The meeting was called to order by Acting Mayor Cordes at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Cordes led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Cordes, Fitch, Fogarty, Soderberg Ristow Andrea Poehler, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Jim Atkinson, Assistant City Planner; Tim Gross, Assistant City Engineer; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant Allen Wachter, Maryalee Wachter, Dave & Mary Rassmussen, Danielle Thompson, John Anderson, Jim Schmitz, Fred Koehn, Tara & Brian Guimont, Tim Pietsch, Ken Kuchera 4. APPROVE AGENDA Councilmember Soderberg pulled 7a) Council Minutes (2/17/04 Regular) to abstain. MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Public Works Mr. Jeff Olson was introduced as the new Maintenance Worker. He started on February 17,2004 and prior to that he worked part time for the City. 6. CITIZEN COMMENTS Mr. David Rasmussen, 704 Spruce Street, commented on the editorial in the Independent stating the editor felt it was appropriate to open Spruce Street at Hwy 3. The Council addressed the issue several years ago and found it would not add value to the City and certainly not to the residents of Spruce Street and the surrounding area. Councilmember Cordes stated at the last Council Meeting, Spruce Street was discussed, but it stemmed from a discussion on closing Main Street. Spruce Street was brought up because MnDOT has indicated on their Access Management Plan the possibility of opening Spruce Street, but no decision has been made. Mr. Rasmussen stated the last time, the Council did take a hard look at opening Spruce Street. He has lived there for 19 years Council Minutes (Regular) March I, 2004 Page 2 and stated Spruce Street has a lot more traffic than Main Street does. The way the traffic moves around the city and through the city, the editorial stated Main Street does not bring traffic into downtown. Mr, Rasmussen stated it brings them into downtown and then they have to drive through downtown. There are a couple throughways through the city, but to make more would destroy the neighborhoods and the small town feel. There are beautiful homes there and a lot of young children, It is a quiet, beautiful street. It is part of why people move to Farmington. If you are going to maintain the small town feel, more through streets will not make it feel that way. The new developments do not have through streets, Bringing traffic into downtown will not happen. If there is a throughway and people do not have to go downtown, they will drive right through. He would rather see the Council not use the tax dollars for something we do not need. He would like the Council to take a hard look at this. The Developer pushed hard last time to open the street, and the Council did not do it. There are no new arguments today. Councilmember Cordes stated when street openings and closures were discussed, Main Street was the first priority. Spruce Street was not on the agenda for discussion. If it does come up, the residents will be notified, Councilmember Fogarty assured Mr. Rasmussen that this Council would look at the situation just as hard, The concern is not an immediate problem, but there may be a future problem with having two ways to get through town. That is something Council is discussing before we decide to close another street. Mr. Rasmussen asked Council to walk Main and Spruce Streets, There is no traffic on Main Street. Councilmember Soderberg stated he was not at the last Council Meeting, but has received some phone calls and has talked with staff. Before anything would be opened, there would be a study done and it would be looked at extensively. There would be consideration for the residents along Spruce Street and for the rest ofthe City. Ms, Tara Guimont, 701 Spruce Street, asked ifthe Main Street closure needed an immediate answer. People that opposed the Main Street closure said ok if we have the option of Spruce Street. Councilmember Cordes stated with the Main Street closure, there was no option to open Spruce Street. Councilmember Fogarty stated it came up because there was a map from MnDOT showing what they envisioned the Hwy 3 corridor would look like, They envisioned Main Street being closed and Spruce Street being open. Closing Main Street does not mean we will open Spruce Street. Ms. Guimont asked if MnDOT has changed their view on the safety concerns of opening Spruce Street. Councilmember Cordes stated that was not discussed because Spruce Street was not the topic of discussion, Closing Main Street is a separate issue, 7. CONSENT AGENDA MOTION by Fogarty, second by Fitch approving 7a) Council Minutes (2/17/04 Regular). Voting for: Cordes, Fitch, Fogarty. Abstain: Soderberg, MOTION CARRIED. MOTION by Fitch, second by Fogarty to approve the Consent Agenda as follows: b) Approved Change Order - Main Street Sewer Meter Project - Engineering c) Approved Change Order - Main Street Project - Engineering d) Approved Names for City Parks - Parks and Recreation Council Minutes (Regular) March 1,2004 Page 3 e) Adopted RESOLUTION R17-04 Accepting Donation Castle Rock and Empire Townships - Parks and Recreation f) Approved Spruce Street Design Standards Ordinance Summary - Community Development g) Received Information School and Conference Public Works - Engineering h)' Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - 2004 Seal Coat Project - Engineering This is the 11 th project in the City's seal coat program established in 1994. The program is implemented in a 7-year cycle. The streets included are Autumn Glen 1 st and 2nd Additions, Charleswood 3rd Addition, East Farmington th Addition and Tamarack Ridge 1 st and 2nd Additions are to be seal coated for the first time this year. The streets in Prairie Creek 1 st and 2nd Additions, Silver Springs 1 st and 2nd Additions, Nelsen Hills 1st and 2nd Additions, Fair Hills, Pine Knoll, 213th Street and the Rambling River parking lots will also be seal coated. The City of Bumsville implements a joint powers agreement with several cities and it is recommended the city participate in this agreement. The estimated project cost is $140,500, According to the assessment policy, there will be a 50/50 cost sharing split between the City and the benefiting properties, The estimated assessment amount is $65.44 per residential unit. MOTION by Soderberg, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg to adopt RESOLUTION R18-04 ordering the 2004 Seal Coat project, approving the plans, and authorize the City to complete these improvements as part ofthe Joint Powers project. APIF, MOTION CARRIED. b) Adopt Resolution - Vacation of Drainage and Utility Easement East Farmington 8th Addition - Community Development There are two existing drainage and utility easements on the property that need to be vacated prior to the plat being recorded. MOTION by Soderberg, second by Fitch to close the public hearing, APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R19-04 vacating the existing drainage and utility easements located within Outlot N, East Farmington 1 st Addition, APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Fire Department Tanker Recommendation - Fire Department The Tanker Committee did a lot of hard work to make sure they were able to identify a low bidder with all of the specifications that they could meet for the $165,000, They have answered the questions that the City Attorney and staffhad for them. The bids were for a 3,000 gallon tanker truck. The final cost for the truck the committee is recommending is $164,302. They are asking to add the three options which total $6,196. This will require additional funding from the Fire Department Capital Projects fund. Staff requested the bid be awarded to Council Minutes (Regular) March 1, 2004 Page 4 Semo Tank/Baker Equipment Company, MOTION by Soderberg, second by Fogarty adopting RESOLUTION R20-04 awarding the bid for the Fire Department tanker to Semo Tank/Baker Equipment Company. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Preliminary December 2003 Financial Report - Finance When the 2003 budget was revised, it was assumed there would be enough revenues to offset the lost LGA. Staff anticipated $5.9 million in revenues and expenditures, The General Fund revenues are slightly below budget at 98.66%. Permit revenues exceeded budget due to the amount of building being done. However, at the end of the year the investment portfolio is reviewed. The city is required to do mark to market, which means the city has to pretend we can buy and sell the investments at will, This is not the case with state and local government held funds, We do not buy and sell at will, We buy investments to cover the cash flow and hold them until maturity. In the last four years we have added to the market value from $50,000 to $232,000. Unfortunately, this year the market went high and the investments were lower consequently there will be a market value adjustment of $180,000. This amounts to a reduction in revenue which puts the city at 100% of revenue, The city also exceeded expenditures in a variety of areas. In 2002 we exceeded expenditures budget by 3%. We exceeded revenues by 4%, so it was not noticed, The overage in expenditures is due to a couple of items: Parks and Recreation was the most significant variation due to recreation expenditures which should have been matched by recreation revenues, however they were not. There is an overage in the Police area, This is due to being short staffed, therefore it was necessary to pay overtime. The Police also did a conversion of software, therefore the administrative staff required overtime. There were other personnel issues, such as a couple of leaves, etc, There will be a loss of approximately $300,000, That will put the city at approximately 31 %. This is still within the acceptable range for the state auditor. Councilmember Soderberg stated this is exactly what staff told us it would be, No one likes to go backwards, but we knew this was coming. When the budget was set, we did not anticipate losing 100% of our LGA. Councilmember Fitch stated we are not the only city short of personnel. Public safety is the number one function of government. For the annual retreat, he would like to discuss if the city is growing too fast where we are outpacing the additional tax dollars and services we can provide. He wants to consider if the city's thinking needs to be adjusted, In the Police department there were only four months with huge fluctuations. There were specific events which drove the expenses. For upcoming budgets, we are looking at an ambitious plan and we need to decide if we can afford it. b) Adopt Ordinance - Amending Fee Ordinance - Parks and Recreation Council Minutes (Regular) March 1,2004 Page 5 Staff proposed to amend the fee ordinance regarding the Rambling River Center fitness room and outdoor field usage, For the fitness room, a fee of $30 for residents and $45 for non-residents was proposed. Regarding outdoor field use a number of fees were identified as follows: Non-Tournament Use Outdoor field use Youth groups Adult groups Tournament Use Baseball and Softball Fields Soccer Fields Other Services and Fees Additional dragging baseball or softball fields Soccer field lining Additional labor or materials Tournament Trash Removal Diamond Dry Portable Toilets $4/participant $25/field/day $25/field/day $25/field/day $25/field/day $6/field/dragging $32.50/hour for labor $10/hour for painting equipment At prevailing rates $50/site $10/bag Arranged and billed to the user by the provider Councilmember Fogarty asked how much time the Farmington Youth Athletic Association had to look over these fees and look at what they have budgeted. Staff replied the organizations were contacted early in the process and some items were amended from the input received from them. The outdoor field use fees were addressed in the fees charged by FY AA. Councilmember Fogarty stated this is a great example ofthe school district and the city working together. Councilmember Soderberg asked about the fees for the soccer fields. Staff stated the city currently does not have soccer fields, but we may in the future. During the school year the permitting process is through Community Education. Once school ends, the permitting process goes through the city for school and city fields. Councilmember Fitch asked if the benefit of charging for the fitness room was worth it. Staff felt it was. There is an option of joining the fitness room separate from the membership, Councilmember Cordes noted a donation was received from Castle Rock and Empire to enable those residents to receive the resident rate for membership and asked if the fitness room rate would be for resident or non- resident. Staff replied they would be considered a resident. The fee is a calendar fee, It would be pro-rated if someone joined in the middle of the year. Council Minutes (Regular) March 1,2004 Page 6 MOTION by Fogarty, second by Fitch adopting ORDINANCE 004-507 amending the fee ordinance to include the Outdoor Field Use Fee Schedule and the Rambling River Center's fitness room membership fee. APIF, MOTION CARRIED, . 11. UNFINISHED BUSINESS a) Adopt Resolution - Sale of Refunding Bonds - Finance b) Adopt Resolution - Sale of Certificates of Indebtedness - Finance On February 2,2004 Council ordered the sale of $2,535,000 worth of refunding bonds and the issuance of$1.48 million worth ofG,O. Certificates. The amount on the refunding bonds has declined because ofthe favorable bids received. Mr. Sid Inman, Senior Vice President of Ehlers and Associates, stated Moody's has confirmed the city's A3 rating, They also indicated they may be willing to look at an increase in the bond rating in a subsequent issue. The first bid was for $1,480,000 of general obligation equipment certificates. Nine bids were received, The lowest bidder was Wells Fargo at $2.0180, The second issue is a refunding bond of approximately $800,000 of improvement issues and $2 million of sewer issues. The broker dropped the fee by $20,000, The size ofthe issue was reduced from $2,535,000 to $2,505,000. The interest savings is $236,000 with a net savings of $204,000, Wells Fargo was also the lowest responsible bidder, This is $40,000 better than anticipated. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R21-04 awarding the sale of the $2,505,000 G.O. Refunding Bonds of2004D to Wells Fargo, APIF, MOTION CARRIED, MOTION by Soderberg, second by Fogarty adopting RESOLUTION R22-04 awarding the sale ofthe $1,480,000 G.O, Equipment Certificates of2004C to Wells Fargo. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Adopt Ordinance - Amending Sign Ordinance - Community Development On February 17,2004 the Council adopted a design standard for three zoning districts including the Spruce Street Commercial, mixed-use, and business/flex zoning districts. In order to make the design standards consistent with the sign code, three amendments need to be made to the sign code, 1, Add mixed-use and business/flex zoning district 2, Add business directional signs 3, Add projecting signs Councilmember Fitch noted the business directional signs cannot be more than 2 sq, ft. in sign area, He asked if they can have multiples of different businesses or is it one stand alone sign. Staff stated each sign could be 2 sq, ft. They could not have a 15 sq. ft. sign with several businesses on it. Staff envisions the signs on Council Minutes (Regular) March 1, 2004 Page 7 the comers, There should be very few signs per business, Staff can clarify the language in the ordinance. It would have to be brought back to Council as an amendment to the ordinance, Councilmember Soderberg noted this ordinance applies to the Spruce Street Commercial, mixed-use and business/flex area, In the future this will be looked at for the downtown area, Councilmember Cordes asked if this should be approved with having to amend the ordinance, MOTION by Fogarty, second by Soderberg to table this item to clarify the language. Community Development Director Carroll stated several of the changes are being proposed at the request of one of the developers. They brought up the directional sign issue because this is a new development that is not laid out in a grid pattern, it would not be evident where people should turn to reach a particular business. These directional signs would be used to direct drivers to entrances to certain businesses. There would be one or two business names on each sign. One option would be to adopt the ordinance, and once discussions begin with a developer regarding signage, it could be brought back to Council if needed. The drawback to tabling this is the other issues are also tabled, including the projection signs, Staff suggested adopting the ordinance and ifit does not work, staff can bring it back to Council. Councilmember Soderberg stated he does not want to have an issue later with a business proposing something that was outside of what was intended. To clarify this would be a two-week delay. He favored the ordinance as is, Councilmember Fitch noted the ordinance stated signs are allowed within a development at no more than two square feet in sign area to direct traffic to business locations. City Engineer Mann suggested adding "no more than two square feet in sign area per sign. . .". Councilmember Fogarty withdrew her motion, MOTION by Fogarty, second by Soderberg to adopt ORDINANCE 004-508 approving the amendment to Section 10-6-3(B) Subd, 5 by amending the Spruce Street Commercial District to include Mixed-Use and Business/Commercial Flex and amending Section 10-6-3(B) Subd. 5 (c) concerning Off Premises/Traffic Directional Signs by adding Business Directional Signs with the additional of "per sign" and adding Section 10-6-3(B) Subd. 5(e) concerning Projecting Signs. APIF, MOTION CARRIED. b) NPDES Phase II Annual Report-Engineering Staff presented a summary of the City's NPDES Phase II Annual Report and Storm Water Pollution Prevention Program from 2003, The purpose of the program is to specifically and purposefully manage non-point storm water discharges. The state is the governing agency and issues the permits. Farmington is a municipal separate storm sewer system, Approximately 150 cities are required to obtain a permit. The City is in compliance with the permit conditions. Staffhas inspected and maintains all storm water structures, There are 292 pollution control devices and all were checked. There are 100 ponds and all of these were also checked. The inspections resulted in 295 devices being in acceptable condition and 68 which were not acceptable, Staff sent out 5,500 surveys and 400 have been returned. The City also as an adopt-a-pond program. Five ponds have been adopted, with 125 pending applications. Pond clean up day Council Minutes (Regular) March 1, 2004 Page 8 will be May 1, 2004. Eleven sites have been spoken for. There are 60 volunteers, A storm water hotline is available for residents to call with questions. Staff is in the process of trimming boulevard trees, Arbor Day will be held April 23, 2004 at Meadowview Park. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Attended the Chamber's Coffee with Council last month and asked them about discussing Main Street at the next meeting on March 18, 2004. The Chamber will ask the downtown business owners to attend or at least give their opinion on whether closing Main Street would affect their business, Councilmembers Fitch and Soderberg will attend. On March 3, 2004 the LMC will be holding a Day at the Capital. She asked Councilmembers to let her know of any concerns they would like her to bring up, Councilmember Soderberg: Regarding the closing of Main Street, he would like staff to obtain traffic numbers on Main Street and also numbers for Spruce Street and Walnut Street. At the February 17, 2004 Council Meeting, there was discussion about the new development in East Farmington and decks, He was curious that decks were counted in the lot coverage and patios were not. He felt it was inconsistent and would like the Planning Commission to look at whether or not to continue that practice. Community Development Director Carroll stated the City does handle that differently than other communities. Staff is planning to take this to the April Planning Commission meeting and bring it to Council in late April/early May. He went to the LMC Leadership Conference for Elected Officials. He learned about emerging trends and complications. Councilmember Fitch: He stated Councilmember Fogarty will be joining the MUSA Review Committee as staff would like some consistency with people being there. The most difficult part will be to decide when developments can have MUSA. As Mayor Ristow's schedule has not allowed him to attend the meetings, Councilmember Fogarty will be appointed at a future Council meeting. City Administrator Urbia: A Council Workshop to discuss Council's expectations of the City Administrator will be held April 6, 2004, at 5:30 p.m, Representative Strachan will hold a Town Hall Meeting on March 15,2004 at 6:30 p,m. at the City Hall Conference Room, 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 8:37 p.m. APIF, MOTION CARRIED. Respectfully submitted, /)/-'C_ / //"7 ~C-t::...o:a......- /7 7<.-L.€.:(J:'-c..../ &/ Cynthia Muller Executive Assistant /i DRAFT Farmington Parks and Recreation Advisory Commission Minutes from the Regular Meeting on February 11, 2004 Members Present: Randy Oswald, Mike Buringa, Dawn Johnson and Paula Higgins (arrived at 7:30 p.m.) Members Absent: Robin Hanson Other's Present: Lance Crombie, Farmington Lions Club; David Urbia, City Administrator; and Randy Distad, Parks and Recreation Director, I. Call To Order Chair Oswald called the meeting to order at 6:02 p.m. Quorum was present. n. Introduction of New City Administrator David Urbia was in attendance at the meeting and introduced himself to Commission members. Commission members also introduced themselves to City Administrator Urbia. m. Election of Officers Chair Oswald opened the floor up for nominations for Chair. Buringa moved to nominate Oswald for Chair for the coming year. Johnson seconded the nomination. Buringa moved to cease nominations, seconded by Johnson. APIF. Chair Oswald opened the floor up for nominations for Vice-Chair. Buringa moved to nominate Higgins for the Vice-Chair position for the coming year. Johnson seconded the nomination. Buringa moved to cease nominations, seconded by Johnson. APIF. Oswald will be the PRAC Chair for 2004 and Higgins will be the PRAC Vice-Chair for 2004, IV. Approval of Agenda. Motion by Buringa, seconded by Johnson to approve the meeting agenda as amended to include add under Old Business, recommendation to the Recreational Facilities Task Force. APIF V. Approval of Minutes. Motion by Buringa, seconded by Johnson to approve the minutes from the January 14,2004 meeting. APIF VI. Presentations A. Farmington Lions Club Buringa introduced Lance Crombie from the Farmington Lions Club. Crombie spoke about the Farmington Lions Club mission, which is to raise money for community projects. He identified a number of projects that they do including steak fries, bingo, mural on Feely's elevator and the donation of the clock downtown. Crombie said that he was at the PRAC meeting on behalf of the Farmington Lion's Club making a request to the City to see what they can do for the City. Crombie said that the City should develop a wish list and should think big when coming up with a list of projects, Buringa suggested park signs or service entrance signs to the City. Director Distad suggested that they work with the City on developing a trail by St. Francis Health Care's assisted living unit along with the creation of some temporary soccer fields on some open space that St. Francis has just to the south of the assisted living facility. Motion by Buringa and seconded by Johnson to have staff and PRAC members put together a wish list for the Farmington Lions Club with the top priority being the trail and soccer field project on St. Francis property. APIF. VII. Old Business A. FYHA Agreement Update Director Distad update PRAC members on the status of the agreement. He informed them that he still has to hear back from a few City Council members to make sure that they are okay with moving forward with this agreement. B. Park Sign Update Director Distad informed the PRAC members that the City Council approved the new park sign design and the purchase of the park signs over a three to four year period, VllI. New Business A. Draft Recreational Facility Needs Study Buringa went on record to say that he emailed City Council members to support the study and the recommendations. He said that of the two responses that he received back, he was pleased with one response but not pleased with the other response. Buringa thought that the Recreational Facilities Task Force should be commended for the time and work that they put into the study. Commission members wondered how the recommendation should be forwarded to the City Council. Director Distad stated that he thought that there should be two separate motions, one motion recommending to adopt the report and a second motion to recommend moving forward with the key recommendations. Motion by Buringa and seconded by Johnson to recommend to the City Council to adopt the facility report. APIF. Motion by Oswald and seconded by Johnson to recommend to the City Council to move forward on the three recommended actions identified in the needs study report. APIF. Buringa shared his idea on the possibility of reusing the existing high school as a community center should a new high school be built. Commission members seemed to be intrigued by the idea and thought that should a community center study be approved, it should be examined as an option during the community center study. B. Naming Park in the Vermillion Grove Development Director Distad provided a number of possible names for the park. After some discussion, it was felt that the name of the park should be the same as the development name. Motion by Buringa and seconded by Higgins to recommend to the City Council to name the park Vermillion Grove Park. APIF. C. Naming Park in the Middle Creek Development Director Distad provided a number of possible names for the park. In keeping consistent with naming the Vermillion Grove Development's park after the development name, Buringa moved and Johnson seconded to recommend to the City Council to name the park Middle Creek Park. APIF. D. Name Park in the Meadow Creek Development Director Distad provided a number of possible names for the park. A discussion ensued about whether or not this park should even be named because it abuts an existing park area as well as future park area and that perhaps it should be named at a later date when the additional land that abuts this park comes into the City. Motion by Johnson and seconded by Higgins to not name the park at this time. APIF. E. Fee Structure for Outdoor Facilities Director Distad provided background information about how the City and School District staff worked together on developing the outdoor field user fees. Johnson seemed to be a little concerned about how this drives the fees up for organizations. Director Distad explained that the City and School District were not trying to cover all of their costs, only a portion of their costs. He also explained that some of the youth organizations are now charging a higher fee in order to begin setting aside money in their reserves for assisting with the future funding of new outdoor fields. Motion by Buringa and seconded by Higgins to recommend to the City Council that the outdoor field user fees be approved. APIF. IX. Additions to the Agenda None X. Staff Report Director Distad provided an updated Park and Trail map to Commission members that accurately reflects the current park names and locations and the correct trai110cations. XI. March Meeting Agenda Topics 1. MUSA Review Committee Report 2. Set meeting date with Empire Township's PRAC 3. Review Future Park and Open Space Map 4. Review and Develop a Wish List for Farmington Lion's Club 5. Update on FYHA Agreement 6. Review City Council Action on the Recreational Facility Needs Study Report Xll. Adjournment Motion by Buringa, seconded by Higgins to adjourn the meeting. APIF'. The PRAC meeting was officially adjourned at 8:23 p.m. Respectfully Submitted, Randy Distad Parks and Recreation Director and Recording Secretary 7c. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Chamber of Commerce - Fee Waiver Request DATE: March 15,2004 INTRODUCTION The Chamber of Commerce is requesting the City Council waive the fees for a Transient Merchant License for the Farmington Home and Garden Show. DISCUSSION The Chamber of Commerce is asking local businesses and organizations to participate in the Farmington Home and Garden Show to be held at the Farmington Civic Arena on April 3, 2004, Organizations participating in the event will keep the profits from any sales at the show. The Chamber is requesting a Transient Merchant License for this event. BUDGET IMPACT A Transient Merchant License is $15,00 per day and $25.00 issuance fee, The Chamber is requesting the fees be waived. ACTION REOUESTED The license application does not require City Council approval, however, waiver of the fee does, It is recommended the fee of $40.00 be waived. Respectfully submitted, fPd tI Ahack~ Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7e1 TO: Mayor, Councilmembers, City Administrato~~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Consider CEEF Funding Request DATE: March 15,2004 INTRODUCTION CEEF is requesting an annual donation as they have in past years, to defray costs for community activities and celebrations, DISCUSSIONS CEEF represents Castle Rock, Empire, Eureka and Farmington and is an organization of community volunteers dedicated to providing programs, services, and community celebrations. Members from the City of Farmington and the Townships are represented on CEEF along with volunteers from ISD 192, Dakota Fair Board, Farmington Youth Activities, Chamber of Commerce and the Farmington HPC, CEEF's mission is to provide a vehicle for communication and cooperation among the various volunteer organizations whose purpose is to promote and enhance our community, Yearly events are the Easter Egg Hunt, Halloween Walk and Farmington Dew Days. BUDGET IMPACT The 2004 budget includes an amount of $500 for Community activities. ACTION REQUESTED Approve the request from CEEF for an annual donation of$500.00 for community activities. Respectfully submitted, . ~~../!,Ahac&~~ Lisa Shadick Administrative Services Director . C .IE.lE . IF . Communities Working Together... Castle Rock Empire Eureka Farmington City of Farmington 325 Oak Street Farmington, MN 55024 Dear City of Farmington Representatives, CEEF is an organization of community volunteers dedicated to providing programs, services and community celebrations to enhance the quality of life in the Farmington area. CEEF represents Castle Rock, Empire, Eureka, and Farmington. Members from the City of Farmington and the Townships are represented on the CEEF Committee as well as volunteers from School District 192, Dakota. County Fair Board and Farmington Area Chamber. CEEF's mission is to provide a vehicle for communication and cooperation among the various volunteer organizations whose purpose is to promote and enhance our community through education, community celebrations, and revitalization. We believe CEEF improves the quality of life to all Farmington area residents. CEEF's yearly events - the Easter Egg Hunt, Halloween Walk., and Dew Days, are well attended family events. The programs we sponsor affect everyone in the Farmington area. As you well know, these projects require volunteers and money to be successful. CEEF would like to request an annual donation from the City and each of the townships surrounding Farmington. We suggest $500, but would appreciate any amount to help defray expenses. CEEF relies on community donations and free-will offerings. CEEF is dedicated to our mission and working to enhance the future in the Farmington area. We welcome any suggestions you may have for programs or events. Thank you for considering this request. Since~ . ~ Kris J. Akin, ~rperson CEEF 510 Walnut Street. Farmington, MN 55024 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and City Council FROM: David Urbia, City Administrator SUBJECT: Council Workshop DATE: March 15,2004 INTRODUCTIONIDISCUSSION Council would like to hold a workshop to reach a consensus on Council's expectations of the City Administrator, ACTION REQUESTED Set a Council Workshop for Tuesday, April 6, at 5 :30 p.m. in the City Council Chambers. David Urbia City Administrator 7-P 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 Administratop--- FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Vermillion River Gobblers DATE: March 15,2004 INTRODUCTION The Vermillion River Gobblers are requesting a Gambling Event Permit for an auction and raffle to be held at the Farmington Eagles Club. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling permit fees are included in the revenue portion of the 2004 budget. ACTION REOUESTED Consider the attached Resolution granting a Gambling Event Permit to the Vermillion River Gobblers at the Farmington Eagles Club, 200 Third Street, on April 1, 2004. R~1~JAa~. Lisa Shadick Administrative Services Director RESOLUTION NO. R -04 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR THE VERMILLION RIVER GOBBLERS Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of March 2004 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349,166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Vermillion River Gobblers have submitted an application for a Gambling Event Permit to be conducted at the Farmington Eagles Club, 200 Third Street, for Council consideration, NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Vermillion River Gobblers to be conducted at 200 Third Street is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of March 2004. Mayor Attested to the day of March 2004. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?5 O 'l d .02t/ll'V' T : Mayor, COunCl members, City A ministrator t"/' I FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 195th Street! Akin Road Elementary School Trail DATE: March 15,2004 INTRODUCTION The School District has proposed that a trail be constructed along 195th Street between Akin Road and Pilot Knob Road. DISCUSSION City staff and School District staff have discussed this improvement with County staff and the County has the budget to participate in the costs of this trail. The trail would be located adjacent to the existing right-of-way along 195th Street on the school property. The school would grant a trail easement to the County, This trail would address various pedestrian issues for the School District and provide a connection in the City's overall trail plan. It is proposed that this trail would be constructed this up coming summer. BUDGET IMPACT The estimated cost of the trail is $88,000. The County's share (55%) would be $48,400, It is proposed that the remainder of $39,600 be split between the City and the School District at approximately $20,000 each. The City's share would come out of the Park Improvement Fund, in which there are sufficient funds to finance this expense. ACTION REOUESTED Approve by motion the City's participation in the costs of the trail installation as outlined above. An agreement with Dakota County will be forwarded at a future date for final Council approval. Respectfully Submitted, 'd- '>>1 ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Doug Bonar, ISD 192 _ OJ o c: O:.i2 .c:~_ U Cll 0 0 u)CL-, 0 T""" II = en T""" +"" E w .....J . .....J ---1 <( >- <( U ro C/) S 0::: '+- I- 0 +"" W ~ C) en ~ 0::: ~ - E (() .....J >- >- ro. 0::: ~ S <( <0 I ~ ro '+- I- ( 0 <( L... ~ Z ro l- +"" <0 C/) +"" ~ W c <D C) I U <D ~ ~ ~ ro ~ E 0::: <( Ql I..... CO Q. <D C/) 0 I- <D W a: <D -0 U <D I..... W 0 --.J 0 +"" <D ~ 0 ~ C/) c 0 .c: en <D W U u) CO .- ~ 0 <D ~ ~ () 0.. L... -0 +"" <(C/) +"" Z L{) 0 C/) <D (J) L... - en T""" 0.. ~ ~ 0 +"" <( 0.. L{) 0 (J) L... T""" 0 0.. W CJ) 0 a.. _ OJ 0 o c: o~ 0::: .c:~_ U Cll 0 U)CL-' a.. ~~ H'v'S8/peoCf qOU)llOI!d ~ Ql Q. o a: o o .c: U u) ~ ) OQ..., CITY OF FARMINGTON SUMMARY OF REVENUES JANUARY & FEBRUARY, 2004 16.67 % Year Complete ....... . ............ . ....... . ............ . ....... . ............ . ij~iIii$...... ........... . .......... . . . ..... . ~~~~~ HHH~~HH>~~~~~~~~ H~~~~T~~OQ4:::H: ~:::: :. : ~:::::::: n:p~R.Ce~Tn ...: $UP~et: . ..cU~iU!,.t .. .$ . . ....2Q(}.....> $ $ $ % IIJI ...~EJ{(:!;I;,ft:: .>>2003::> ............. . % GENERAL FUND Property Taxes Licenses/Permits Fines Intergovernment Revenue Charges for Service Miscellaneous Transfers Total General Fund 3,544,462 - 0.00 - 0.00 1,156,976 124,156 124,156 10.73 331,508 26.31 78,100 514 514 0.66 565 0.71 322,000 66,761 66,761 20.73 74,591 15.36 365,200 18,662 18,662 5.11 18,381 5.12 380,500 51,661 51,661 13.58 297 0.09 310.000 51 667 51,667 16.67 0.00 6,157.238 313421 313,421 5.09 425 342 7.17 SPECIAL REVENUE HRA Operating Fund 27,500 101,596 101,596 369.44 280 1.02 Police Forfeitures Fund 8,050 1,043 1,043 12.96 750 7.46 Park Improvement Fund 147,500 51,441 51 ,441 34.88 20,987 13.76 Recreation Operating Fund 257,500 8,263 8,263 3.21 4,520 1.79 ENTERPRISE FUNDS Ice Arena 247,500 62,386 62,386 25.21 24,187 10.15 Liquor Operations 3,110,000 367,642 367,642 11.82 328,996 11.59 Sewer 1 ,383,000 153,732 153,732 11.12 - 0.00 Solid Waste 1,409,000 211,830 211,830 15.03 2,472 0.18 Storm Water 265,000 35,730 35,730 13.48 22,210 8.54 Water 1,790,000 171,612 171,612 9.59 115 668 6.46 Total Revenues 14802,288 1 478,696 1 478696 9.99 945412 6.68 CITY OF FARMINGTON SUMMARY OF EXPENDITURES JANUARY & FEBRUARY, 2004 16.67 % Year Com lete ................. . : :: lil~~~~ :::::PIE.R~fiIT ................. . :il~i ................. . ................. . ................. . ................. . ................. . ................. . ................. . ................. . ................. . ................. . ... . >LBUOGET : :: )HlaOO3/: ..............1161\11$...... ~:~:~:~:~:):~ :: .. .:~:~:~: .. ..... . . . GENERAL FUND $ % % Legislative 65,628 12,401 12,401 18.90 15,195 20.75 Administration 430,634 53,882 53,882 12.51 68,111 14.74 Human Resources 185,833 20,601 20,601 11.09 15,813 10.10 MIS 62,710 4,015 4,015 6.40 31,128 33.71 Elections 10,875 0.00 0.00 Communications 59,848 7,363 7,363 12.30 8,213 11.35 Finance 391,837 52,404 52,404 13.37 42,102 11.30 Planning/Zoning 173,259 22,295 22,295 12.87 18,945 12.19 Building Inspection 370,674 47,052 47,052 12.69 43,156 12.71 Community Development 99,068 10,868 10,868 10.97 16,!?58 18.96 Police Administration 526,640 111 ,556 111,556 21.18 68,924 14.47 Patrol Services 1,161,248 174,498 174,498 15.03 148,798 13.03 Investigation Services 261 ,204 30,747 30,747 11.77 22,645 13.62 School Liason Officer 0.00 12,286 15.87 Emergency Management 1,600 23 23 1.44 34 2.13 Fire 397,955 38,984 38,984 9.80 41,395 11.16 Rescue 42,033 3,250 3,250 7.73 3,753 7.87 Engineering 266,816 38,917 38,917 14.59 32,980 11.46 G.I.S. 9,333 3,996 3,996 42.82 1 ,403 34.22 Streets 445,612 46,549 46,549 10.45 39,860 9.35 Snow Removal 97,858 25,270 25,270 25.82 25,498 31.40 Signal Maint 101,000 12,716 12,716 12.59 15,359 16.41 Park Maint 263,005 38,582 38,582 14.67 50,780 16.78 Tree Maint 117,946 5,252 5,252 4.45 753 1.46 Building Maint 125,060 12,204 12,204 9.76 18,273 16.53 Recreation Programs 309,412 43,747 43,747 14.14 43,251 14.23 Outdoor Ice 7,150 2,992 2,992 41.85 2,906 39.54 Transfers Out 173 000 0.00 0.00 Total General Fund 6157238 820 164 820,164 13.32 788 119 13.29 SPECIAL REVENUE HRA Operating 43,180 3,828 3,828 8.87 2,736 3.57 Police Forfeitures Fund 8,050 1,080 1,080 13.42 1,277 15.86 Park Improvement Fund 134,500 1,144 1,144 0.85 0.00 Senior Center 126,650 18,774 18,774 14.82 15,851 12.93 Swimming Pool 134,180 2,662 2,662 1.98 927 0.78 ENTERPRISE FUNDS Ice Arena 262,516 45,043 45,043 17.16 41,887 16.71 Liquor Operations 2,870,758 361,442 361 ,442 12.59 306,350 11.24 Sewer 1,653,162 165,242 165,242 10.00 168,223 12.96 Solid Waste 1,413,142 207,101 207,101 14.66 185,260 13.10 Storm Water 324,323 23,752 23,752 7.32 11 ,460 5.45 Water Utility 1 247822 69 533 69,533 5.57 51,218 4.80 Total Ex enditures 14,375,521 1,719,765 1,719,765 11.96 1,573,308 11.78 lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Councilmembers, City Adrninistrato#4 h Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Adopt Resolution - East Farmington 8th Addition Development Contract DATE: March 15,2004 INTRODUCTION The Development Contract for East Farmington 8th Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for East Farmington 8th Addition was approved by the Planning Commission on February 10, 2004 and by the City Council on February 17, 2004. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2, the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles 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 East Farmington 8th Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, ~m~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -04 APPROVING DEVELOPMENT CONTRACT EAST FARMINGTON 8TH 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 15th day of March, 2004 at 7:00 P.M. Members present: Members absent: Member _ introduced and Member _ seconded the following resolution: WHEREAS, pursuant to Resolution No. R 16-04, the City Council approved the Preliminary Plat of East Farmington 8th Addition; and, WHEREAS, pursuant to Resolution No. R16-04, the City Council approved the Final Plat of East Farmington 8th Addition subject to the following conditions: 1. The Developer shall obtain a hammerhead easement from St. Francis, in a form approved by the City, providing for the location of the hammerheads until such time as roadway connections are constructed (if the roadway connections are not provided, the hammerheads would be permanent). The Developer shall provide documentation of the easements prior to recording of the plat. 2. The Developer shall obtain a drainage and utility easement from St. Francis along the southern portion of the St. Francis property to encompass the existing drainage ditch, in a form approved by the City. The Developer shall provide documentation of the easement prior to recording of the plat. 3. The developer shall address the sight line issues for the two lots on the west side of 9th Street by: a) installing appropriate signage as recohlmended by the City Traffic Engineer, b) installing turnarounds on the driveways for each of the two lots, and c) ensuring that boulevard tree placement does not interfere with sight lines or sight distances. These conditions shall be reviewed by staff upon submission of building permits for the two (2) lots west of 9th Street. Building permits shall not be issued for the two lots until these conditions are met. 4. The developer shall notify potential purchasers of individual lots that the lot coverage requirement may limit or prohibit future construction of decks, sheds, or additions due to the size of some of the lots within the East Farmington 8th Addition. Notification shall be provided in the purchase agreement or separate contractual document signed by the purchaser. Proof of such document shall be provided to the City. 5. 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. 6. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be granted. NOW THEREFORE, BE IT RESOL YED 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 final 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 15th day of March, 2004. Mayor Attested to this _ day of ,2004. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 15th day of March, 2004, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Giles Properties, Inc., a Minnesota corporation (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for East Farmington 8th 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. Zonin2lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map ofthe 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. 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 In. 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, All trails to be constructed in the development that are shown on the City's Trail Master Plan shall be constructed at the Developer's expense. The developer shall address the sight line issues for the two lots on the west side of 9th Street; lot 1 block 1, and lot 2 block 1; by: a) installing appropriate signage as recommended by the City Traffic Engineer, b) installing turnarounds on the driveways for each of the two lots, and c) ensuring that boulevard tree placement does not interfere with sight lines or sight distances, These conditions shall be reviewed by staff upon submission of building permits for the two (2) lots west of 9th Street. Building permits shall not be issued for the two lots until these conditions are met. The developer shall notify potential purchasers of individual lots that the lot coverage requirement may limit or prohibit future construction of decks, sheds, or additions due to the size of some of the lots within the East Farmington 8th 2 Addition. Notification shall be provided in the purchase agreement or separate contractual document signed by the purchaser. Proof of such document shall be provided to the City before building permits for those lots will be issued, Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M,S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifYing that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public utilities, by September 30, 2005, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlot A 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 also 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 fmal acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer, If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion, If the 3 / 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. The Developer is responsible for Erosion Control inspection fees at the currenf~ates. The Developer is also responsible for a Water Quality Management Fee of $ 632 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscaoin2. 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 fmish 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 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Develooment. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve fmal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City, 14. Effect of Subdivision Aooroval. 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 final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Mana2ement Fee. The Developer shall pay an area storm water management charge of $ 50,087 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. 4 16. Wetland Conservation and Miti2ation. 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 Char2e. The Developer shall pay a water main trunk area charge of $ 20,675 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 annwn. 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 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, 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 18,810 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 annwn. 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. Sanitarv Sewer Trunk Area Char2e. The Developer shall pay a sanitary sewer trunk area charge of$16,078 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 annwn. 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 be required to dedicate .8359 acres ofland for park purposes. The Developer shall pay the City $41,121 as cash in lieu of land 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 annwn. 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. Park Develooment Fee. The Developer shall pay a Park Development Fee of $13,004 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The City shall allow the Developer to either pay the entire park development fee at the time of final plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the fmal plat. 22. Sealcoatin2. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 2,046 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 23. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,485 based upon the number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 5 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat and: sidewalk easements along both sides of 9th Street, easements for the hammerhead turnarounds at the extensions of lOth and 11 th Streets, and a permanent drainage and utility easement encompassing the overland drainage along the north property line oflots 1 and 10, block 2; lots 1 and 10, block 3; and lot 1, block 4. 25. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 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 ftre 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. 26. Security. To guarantee compliance with the tenns 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 $ 504,180. 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-ftve (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or tenns of the Agreement are not satisfted, 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 $ 24,594 $ 40,127 $ 61,756 $ 67,200 $ 224,867 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 8,250 $ 5,875 $ 25,000 $ 8,496 $N/A Two Years Principal and Interest on Assessments $ 38,015 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 speciftcations, and tenns of this Agreement, and that all [mancial obligations to the City, subcontractors, or other persons have been satisfted, 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 [mancial obligations that have been satisfted. Ten percent (10%) of the amounts certifted by the Developer's engineer shall be retained as security until all improvements have been completed, all [mandaI obligations to the City satisfted, 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. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. 6 B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees hannless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 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 Si2ns. 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 pennit for that lot. 31. Existin2 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. DeveloDer'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 pennission 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 pennission 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 pennits, 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. 7 D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy, The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 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 8 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 swn stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30. 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: Giles Properties, Inc. Attn: Tim Giles PO Box 51 Elko, MN 55020 Phone: (952) 461-3984 Fax: (952) 461-3986 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 Urbia, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 CITY OF FARMINGTON By: By: DEVELOPER: Giles Properties, Inc. By: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 SIGNATURE PAGE Gerald Ristow, Mayor David Urbia, City Administrator Its: 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by David 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 Giles Properties, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT" A" East Farmington 8th Addition legal description: Outlot N, EAST FARMINGTON FIRST ADDITION, Dakota County, Minnesota, according to the recorded plat thereof, Dakota County, Minnesota. 12 IOe, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement with Community Season for On-Line Registration DATE: March 15, 2004 INTRODUCTION Many communities around the country are providing an opportunity for their customers to register for recreation programs and activities on-line. The registration software program currently in use by the Parks & Recreation Department is antiquated and is not able to provide on-line registration. Securing an on-line registration program can be accomplished by entering into an agreement with Community Season, a company that specializes in the on-line registration process. DISCUSSION The Parks and Recreation Department would like to upgrade and move away from the current registration system, which is a software-based system on the City's server. Staffis unable to make program modifications and changes to accommodate our growing database of participants and activities in a cost-effective and time sensitive manner. With this in mind, City staff attended a presentation by Community Season in the fall of 2003 and learned that Community Season is a company that specializes in a web-based program that can accommodate on-line registrations and facility reservation payments. Community Season's software provides the following elements that address issues related to the City's existing registration software program: 1. The software is loaded on Community Season's server and thus does not take up any of the City's server memory, Other on-line registration software programs researched would have to be loaded on City's server, taking up memory space. 2. There is no annual maintenance or upgrade fee, which is commonly charged by other companies researched. 3. Community Season maintains its own merchant account for credit card use for registrations and therefore the City does not need to set up a separate merchant account for credit card use. Currently the City is not set up to receive credit card payments for program registrations. 4, There are no up front costs to purchase the software program. Community Season charges a user fee based on the total transaction amount. 5. It provides a greater convenience for customers. Customers can register from their home if they have a computer with il)temet access and a major credit card, There would not be any need for customers'to either drive to City Hall and register, mail in their registration or phone in their registration. However, if customers wanted to continue registering by these methods, they still could. The program does not prohibit registering for recreation programs in these manners. 6. It should save some staff time at City Hall that is taken up with entering registration data. If people go on-line to register for programs, they can enter the data themselves at home rather than needing City staff to complete the registration, which is the current format. 7, The City's MIS staff does not need to maintain the software program as it is owned and maintained by Community Season, If there are issues with the program, Community Season repairs it at their cost. 8. All of the recreation program information that is contained in the various seasonal brochures is transferred by Community Season staff to their software for registration purposes. 9, The process of registering on-line is a seamless one. A link is contained on the City's web page either on the home page or within the Parks and Recreation Department's web page that directly connects to the Community Season registration program, If the agreement is approved, staff would like to offer on-line registration beginning with the upcoming summer programs, Community Season also provides a facility reservation program that people can access on-line. Ifthe registration program proves to be successful, staff would be looking to adding City facilities such as picnic shelters, the Rambling River Center, outdoor pool, etc. that could be rented on-line. Community Season would charge the same transaction fee as what is charged for program registrations, City Attorney Joel Jarnnik has reviewed the agreement with Community Season and recommended that language in the agreement be added that addresses Minnesota Data Practices Act requirements. The agreement that is included with this memo contains the additional language, BUDGET IMPACT While there is not an up front cost to purchase the on-line registration program, there is a fee that Community Season charges to use the on-line registration program, The fee is based on a percentage of the total transaction amount during the registration process and is based on a sliding fee scale. The larger the transaction amount, the smaller the percentage charged for the transaction fee, It is proposed that this transaction fee would be included as part ofthe cost to provide the program. This would mean that program fees would increase by 6% to cover this additional cost. As an example, it currently costs $32,00 to register for the t-ball program. If Community Season's on-line registration program was used, the registration fee for the t-ball program would be increased by $1.92 ($32.00 x 6%). This would mean the registration fee would go from $32,00 to $33.92 to cover the transaction fee that Community Season charges. Staff would like to propose that if in situations where the fee does not come out to a whole dollar, then the fee would be rounded up to the next whole dollar, In this case, the fee would be rounded up to $34,00 to make it a whole dollar amount. ACTION REQUESTED Approve by motion the attached agreement with Community Season. Respectfully Submitted, ~R~12 j]JI} Randy DistXd, Parks and Recreation Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOci TO: Mayor and City Council FROM: David Urbia, City Administrator SUBJECT: Adopt Resolution - Minnesota Zoo Bonding Bill Request DATE: March 15,2004 INTRODUCTIONIDISCUSSION At the Farmington Area Chamber of Commerce Board meeting on March 10, 2004, I was asked by the Executive Director if the City Council would consider a resolution of support for the Minnesota Zoo 2004 Bonding Request. I have included a fact sheet that was provided for your review. There is an additional packet (only one copy) that will be available in City Hall for your review at your convenience. ACTION REQUESTED Consider Resolution of Support (included format was used by the City of Lakeville). "t- David Urbla City Administrator RESOLUTION NO. R_-04 SUPPORTING STATE FINANCIAL ASSISTANCE FOR THE MINNESOTA ZOO Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of March 2004 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Minnesota Zoo, located in Apple Valley, first opened in 1978 and has now been in existence for over 25 years; and, WHEREAS, the Minnesota Zoo is an important state asset in that it attracts approximately one million visitors per year, and has an annual economic impact on the State in excess of $60 million; and, WHEREAS, the Minnesota Zoo is facing significant financial pressures that have required the permanent and/or seasonal closure of various zoo exhibits; and, WHEREAS, the Minnesota Zoo currently has a backlog of infrastructure refurbishment and repair needs in excess of $30 million; and, WHEREAS, the Minnesota Zoo has requested state financial assistance to add new exhibits and to address the Zoo's severe deferred maintenance needs; and, WHEREAS, the Farmington City Council believes that it is in the best interests of the citizens of Dakota County, and the State of Minnesota that the Minnesota Zoo be provided with additional state resources to better enable it to carry out its mission. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Farmington, that it supports the Minnesota Zoo's request for state financial assistance, and, BE IT FURTHER RESOLVED by the City Council of the City of Farmington that it encourages Governor Tim Pawlenty and the Minnesota State Legislature to fully fund the Minnesota Zoo's funding request in order to preserve and improve this important state asset. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 15th day of March 2004, Mayor Attested to the day of March 2004, City Administrator SEAL The Farmington Area Chamber of Commerce 2004 Legislative Priorities - Minnesota Zoo Bonding Bill Request Issue The Minnesota Zoo is asking the Minnesota Legislature for $48 million to fund capital improvements and $10 million for asset preservation to address the deferred maintenance on its existing physical plant. The zoo has not opened a new major exhibit since 2000 and its infrastructure is in need of repair and refurbishment. Due to operating budget cuts, the zoo has closed exhibits. As a result of all of these factors, attendance at the zoo has been declining over the past several years. For the first time since 1990, the annual budget has been based on attendance of less than one million visitors. With countless venues vying for recreational dollars, the zoo is finding it increasingly difficult to remain financially viable. In the last major bonding bill, the Legislature approved $8.1 million to begin work on improvements but it was vetoed by Governor Ventura. The last unconditional state capital support for the zoo was $750,000 in 1989. Currently, the state funds 39% of the zoo's operating budget, down from 60% in 1985. The national average for zoos is 50% public support. Principles In 2004, the legislature will consider bonding requests for a wide variety of projects from throughout Minnesota. Projected estimates of the bonding bill are anywhere from $600-$900 million. The following recommendation is based on the principle that the Minnesota Zoo is an impOltant component of Dakota County's economic vitality and quality oflife. Visitors to the Minnesota Zoo patronize other local businesses, including approximately 200,000 from greater Minnesota and other states who patronize hospitality-related businesses. A study conducted in 1997 showed that the zoo has an alUlual economic impact of $60 million statewide, the majority of which affects Dakota County Additionally, the Minnesota Zoo offers the state's largest conservation education program and serves over 100,000 K-12 students on field trips, the Zoo Camp, and in other programs. An overwhelming majority of Fannington Area Chamber members live within a short drive to the Minnesota Zoo, making it an important educational and recreational attraction for their families. To increase attendance and continue to draw visitors to the area, the zoo must offer new, exciting exhibits and make significant capital improvements to enhance the overall experience for visitors. Without these improvements and additional major exhibits, it is expected that the zoo's attendance and revenue will continue to decrease and negatively impact the area economy. Other zoos that have made similar improvements have experienced attendance increases of 20% or more. Recommendations The Fal111ington Area Chamber of Commerce specifically recommends that the legislature show its SUPPOlt of the ph tLiln Dakota County economy by approving the Minnesota Zoo's bonding request for $48 million to fund capital improvements and $10 million for the zoo's asset preservation and deferred maintenance. Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner, Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.