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HomeMy WebLinkAbout09.15.03 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING September 15, 2003 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 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/2/03 Regular) (9/3/03 Special) b) Capital Outlay - Parks and Recreation c) Capital Outlay - Parks and Recreation d) Capital Outlay - Parks and Recreation e) Appointment of Executive Search Finn - Administration f) Appointment Recommendation - Public Works - Administration g) Set Public Hearing Designating Heritage Landmarks - Administration h) City Participation in County Auction - Administration i) Approve Bills ApfJrov~d IrifQrmationR~~eived Information .!~ceived Informatian !~ceiv~d Approved Apprav~d October 6. 2003 Acknowledg~d Appraved 8. PUBLIC HEARINGS a) Adopt Resolution - 2003 Seal Coat Project Assessment Hearing - Engineering b) Adopt Resolution - 19Sth Street W Extension Project Assessment Hearing- Engineering c) Adopt Resolution - 209th Street Street and Utility Improvements Assessment Hearing - Engineering R65-03 R66-03 R67-03 . 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discuss Pre-Council Meeting Work Sessions - Administration Continued 12/1/03 b) Approve Joint Powers Agreement for Dakota County Domestic Preparedness Committee - Police Department c) Consider Noise Ordinance - Police Department d) Adopt Resolution - Meadow Creek 3rd Addition Development Contract - Engineering e) Adopt Resolution - Bristol Square 4th Addition Development Contract- Engineering f) Adopt Ordinance - Zoning Code Text Amendments for Spruce Street Master Plan Area - Community Development g) Adopt Resolution - Comprehensive Plan Amendments for Spruce Street Master Plan Area - Community Development h) Adopt Ordinance - Zoning Code Amendments for Spruce Street Master Plan Area - Community Development i) Review Seed/Genstar AUAR - Community Development j) Adopt Resolution - Meadow Creek 4th Addition Final Plat - Community Development k) Discussion of Possible Zoning Code Text Amendments Regarding the Keeping of Farm Animals Within the City - Community Development 11. UNFINISHED BUSINESS a) Appoint Council Liaison - Water System Vulnerability Assessment- Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved Research Further R68-03 R69-03 Ord 003.498 R 70-03 Ord 003-499 Authorized R71-03 Information Received Counci/member Fogarty 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 September 15,2003 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 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/2/03 Regular) (9/3/03 Special) b) Capital Outlay - Parks and Recreation c) Capital Outlay - Parks and Recreation d) Capital Outlay - Parks and Recreation e) Appointment of Executive Search Firm - Administration f) Appointment Recommendation - Public Works - Administration g) Set Public Hearing Designating Heritage Landmarks - Administration h) City Participation in County Auction - Administration i) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - 2003 Seal Coat Project Assessment Hearing - Engineering b) Adopt Resolution - 19Sth Street W Extension Project Assessment Hearing- Engineering c) Adopt Resolution - 209th Street Street and Utility Improvements Assessment Hearing - Engineering ). AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discuss Pre-Council Meeting Work Sessions - Administration Action Taken Pages 1-]4 Page 25 Pages 26-]7 Pages 28-]9 Pages 30-31 Page 32 Page 33 Page 34 Page 35 Pages 36-40 Pages 41-44 Pages 45-48 Page 49 b) Approve Joint Powers Agreement for Dakota County Domestic Preparedness Committee - Police Department c) Consider Noise Ordinance - Police Department d) Adopt Resolution - Meadow Creek 3rd Addition Development Contract - Engineering e) Adopt Resolution - Bristol Square 4th Addition Development Contract- Engineering f) Adopt Ordinance - Zoning Code Text Amendments for Spruce Street Master Plan Area - Community Development g) Adopt Resolution - Comprehensive Plan Amendments for Spruce Street Master Plan Area - Community Development h) Adopt Ordinance - Zoning Code Amendments for Spruce Street Master Plan Area - Community Development i) Review Seed/Genstar AUAR - Community Development j) Adopt Resolution - Meadow Creek 4th Addition Final Plat - Community Development k) Discussion of Possible Zoning Code Text Amendments Regarding the Keeping ofFann Animals Within the City - Community Development 11. UNFINISHED BUSINESS a) Appoint Council Liaison - Water System Vulnerability Assessment- Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Pages 50-60 Pages 61-63 Pages 64-78 Pages 79-93 Pages 94-105 Pages 106-110 Pages 111-116 Pages 117-119 Pages 120-124 Pages 125-128 Page 129 ~ COUNCIL MINUTES REGULAR September 2, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Fitch, Fogarty, Soderberg Cordes Joel Jamnik, City Attorney; Dan Siebenaler, Interim City AdministratorlPolice Chief; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; 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; Cynthia Muller, Executive Assistant Charles Weber, Kris Akin, Michael Lindberg, Kevin Gibbons, Tim LaBeau, Bruce Conner, Paul Hardt, James Karlin, Douglas Bonar, Mike Heinzerling, Randy Pedersen 4. APPROVE AGENDA The interview for Personnel Decisions International was added to the agenda after Council Roundtable. Councilmember Fogarty pulled Council Minutes 8/18/03 Regular to abstain from voting. MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Bruce Conner, 19901 Langford Lane, stated on Friday the Akin House will be having a Grand Opening. Mr. Conner invited residents and especially city staff. He stated they have received tremendous cooperation from the city. They are really pleased with all the input the city has had. Especially the Inspections Department and Building Official Ken Lewis. Mr. Conner stated if Building Official Lewis ever leaves he is going to whatever city he goes to, because he is really tremendous. Mr. Conner wanted to extend an invitation to the Ribbon Cutting by the Chamber of Commerce. The Open House will be Council Minutes (Regular) September 2, 2003 Page 2 from 10 a.m. - 2 p.m. Mr. Conner stated for some time he has wanted to come down during Citizen's Comments and say a few things about what he has seen as a citizen of the city for 14 years. He stated he is thrilled. Some things he does not agree with, but as far as city government works, Farmington can be very proud. Interim City Administrator Siebenaler has become a newspaper idol. The article in the paper last week was well deserved. Mr. Conner thought Interim City Administrator Siebenaler should be called the Farmington Ambassador to the world because he worked the Olympics and the State Fair for many years. Farmington can be proud of their Police Department. Last summer Mr. Conner was riding a motorcycle and ran out of gas. Before he could get off the motorcycle, an officer was behind him asking ifhe wanted help or wanted to call for help. Mr. Conner stated that says a lot. They have had minor things with their children and the officers have always been very gracious, very friendly, and gone beyond the call of duty. He is very impressed with the Police Department. A friend of his had a stroke and saw the response of the Fire Department and Rescue. They are a volunteer unit and they are fantastic. Fire Marshal John Powers has helped at the Akin House with various things, and Building Official Ken Lewis with advice and direction on things. It was much appreciated. About 8 or 9 years ago, he broke the wheel on his garbage can. You wonder how city government works and if this even ties in. He was looking for a new wheel and thought the city would know where to get one. He spoke to a lady in the Solid Waste and Recycling department. He called on a Wednesday and was told to leave his garbage can out on Thursday and someone would fix it. Mr. Conner said he would fix it himself, but was told there was no charge and someone would come out. Mr. Conner thought it would be sitting there for a month. Thursday he came home from work and there were two new wheels on his garbage can. He did not have to call a dozen times, one call did it. If we can get city government to change a wheel on a garbage can with one call, he thinks that is doing a tremendous job. There are problems in the city, but it will all work out. Mr. Conner stated the things that have happened recently with the City Council and the City Administrator shows city government working tremendously well. Citizens can stand up here and ask for the Mayor's resignation and not fear retaliation. Councilmembers can disagree with one another. City staff can even disagree among themselves. Mr. Conner felt that was healthy for a city and thought the city is working very well from his perspective. Mr. Conner thanked everyone for the volunteer efforts that are put forth by the committees and commissions that are part ofthe city, he thanked the City Council for their hard work, and especially city staff for all they do. Mr. Michael Lindberg, Junior Vice Commander ofthe VFW Post 7662, and Post Quarter Master Kevin Gibbons presented the American flag and a State of Minnesota flag to the city for the new municipal buildings on Pilot Knob Road. a) Mr. Tim LaBeau Mr. Tim LaBeau, owner of Gossips Bar and Grill, asked the Council to allow him to stay open until 2 a.m. The surrounding areas of Rose mount and Lakeville have been open until 2 a.m. for the last month and he has noticed a drop in business as people are going there if they plan to stay out late. Interim City Administrator Siebenaler replied the code authorizes the city to follow whatever state law is. Current Minnesota statute is to allow for a 2 a.m. bar closing. City Attorney Council Minutes (Regular) September 2, 2003 Page 3 Jamnik stated Mr. LaBeau would have to apply to the state for the extended coverage and pay the state fee and get their approval. The city would then sign the application indicating the city's ordinance allows a 2 a.m. closure. There is no formal process for the city. If Council wants to go to 1 a.m., that can be done by ordinance. Currently, all the bars in town close at 1 a.m. or earlier. Mr. LaBeau will contact staff to obtain the number for the state. 7. CONSENT AGENDA MOTION by Soderberg, second by Fitch to approve Council Minutes (8/18/03 Regular). Voting for: Ristow, Fitch, Soderberg. Abstain: Fogarty. MOTION CARRIED. MOTION by Fitch, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (8/19/03 Special) b) Approved School and Conference - Fire Department c) Adopted RESOLUTION R59-03 Set Public Hearing - Ash Street Project- Engineering d) Approved Change Order Facilities Project - Engineering e) Adopted RESOLUTION R60-03 - Spruce Street AUAR - Community Development t) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Vacate TH3 Right-of-Way Glenview Commercial Addition - Community Development A portion of the right-of-way along TH3 adjacent to the Glenview Commercial Addition needs to be vacated as part of the recording process. The easement was released by the State to the city in conjunction with the rerouting of 9th Street to the east. The easement vacation terminates at the northern border of the Glenview Commercial Addition. MOTION by Soderberg, second by Fogarty to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Fitch, second by Soderberg adopting RESOLUTION R61-03 vacating the portion of the easement along TH3 in the Glenview Commercial Addition. APIF, MOTION CARRIED. b) Consider Proposed Acquisition/Redevelopment of Blaha Property - Community Development The HRA has discussed acquiring the Blaha property. There are two parcels, one at 2nd Street and Spruce Street. These two parcels are adjacent to four parcels already owned by the HRA. Council needed to consider if they are willing to purchase the two parcels. The HRA believes acquiring the property would be in the city's best interest both long and short-term. There was some discussion with a party a couple years ago that was interested in building a commercial building with senior housing above it. They determined there was not enough space in the four HRA parcels. It would be best for the city to acquire the Blaha property now and hold the property so the city can explore any options. Council Minutes (Regular) September 2, 2003 Page 4 Mayor Ristow stated a gentleman called him today saying he had made a standing offer for the property and staff referred to another party that was looking at the property at the time, so there were no offers being taken. He told Mayor Ristow he made the offer including the assessments and is still very interested in the Blaha property. Councilmember Fitch stated if we acquire this property there has been talk of some specific governmental use for this property. If this turns out not to be the case, he asked ifthe HRA is ready to actively market the property. Staff replied the HRA has been ready for some time. They have been waiting for a decision regarding a location for a new City Hall. The best development opportunity exists if the HRA also controls the two Blaha parcels. Councilmember Soderberg stated the HRA did agree unanimously it would be in the city's best interest to acquire the property. There was an item on an HRA agenda to consider taking requests for proposals for all of the HRA property. Councilmember Soderberg had suggested the HRA wait until the City Hall Task Force had completed their work. The HRA also owns another parcel they have been holding in case they need to relocate a business. Ms. Kris Akin, owner of We1come Friends, stated she has had her business in downtown for 18 years, and she has watched the HRA do a lot of good for the downtown and the city. This property is one of the few remaining properties the city needs to fix and redevelop. She has seen the city work on the City Center project, the Exchange Bank: Building, the streetscape project and it has been a blessing and a nice addition and positive atmosphere to the downtown. She encouraged the Council to endorse the HRA proposal to acquire the property so it can be redeveloped. She sees it has one of the few remaining properties in the area that needs help and feels the HRA and the city are in the best position to help someone do that. MOTION by Soderberg, second by Fitch to close the Public Hearing. APIF, MOTION CARRIED. Mayor Ristow asked Community Development Director Carroll ifhe was aware ofthe standing written proposal for the parcels already owned by the HRA. They have been marketed for some time. Community Development Director Carroll stated when he came to the city he was not aware of any outstanding offers for those lots. When Mr. Jason Stelter approached him about the HRA lots, at some point the HRA entered into an agreement to negotiate with him exclusively. He was concerned the city or HRA might sell the property out from under him while he worked on his financing. Eventually the agreement lapsed. If there were any inquiries during that time, they would have been told there was an agreement in existence, and the HRA is negotiating exclusively with one party. He would not have encouraged anyone to submit an offer, and did not recall receiving one. Council Minutes (Regular) September 2, 2003 Page 5 Mayor Ristow replied that is what this party has told him and wanted him to come to the meeting, but he could not come. Councilmember Soderberg stated the HRA is not in the business of selling land for people to speculate on. If someone did have a proposal to put a project there, it would have been forwarded to the HRA. To have a purchase agreement for the property without a project, he would not entertain it. If there is a project, yes. But to sell property to someone to speculate on, no. The HRA would not do that in the industrial park, we are not going to do that in the downtown district. Mayor Ristow stated that is his question, why buy more when we do not have a proposal for what is going in there. Councilmember Soderberg stated the HRA believes if they acquire the entire parcel, they can get some substantial proposals and some good proj ects if City Hall does not go there. If it does, there are other properties the HRA would go out for request for proposals. This has been put on hold in case there are other businesses that need to be relocated. Mayor Ristow stated this property has been marketed for some time. A proposal came in from this person and they did not receive an answer back because of negotiations. When negotiations broke off, they expected to hear an answer back and they didn't. He is interested in sending in a proposal for the four HRA parcels, and possibly in the future the two Blaha parcels. Councilmember Soderberg stated at this point the HRA has told staff not to accept any proposals on property that the HRA owns until the City Hall Task Force is done. When Mr. Stelter came in, we were working exclusively with him, but he chose not to follow through. We do not know where City Hall will go. If it goes on the current site, we have a business to relocate. Ifit goes on 3rd and Spruce we have a property to acquire. If the business to be relocated chooses to go on the McVicker property or the industrial park, we do not know. Weare keeping our options open. Councilmember Fitch stated the City Hall Task Force has completed their job. It is Council's job to make a decision. Councilmember Soderberg agreed, but the process is still under review by the Council. If there were written proposals, they were probably not responded to, because the HRA told the Community Development Director not to entertain proposals. As soon as City Hall is decided the HRA is prepared to go out for requests for proposals and get this developed. Mayor Ristow stated if not, there is more property off the tax roles. We did go out for proposals before and we had two people who were interested, one was the Eagle's and the other did not go through. Mr. Stelter and the person who called him today are the only parties he is aware of that are interested. Councilmember Soderberg stated the HRA has not gone out for proposals for quite some time and things have changed. Mayor Ristow stated if it was to be purchased, money was to be used from selling the three divided lots in the industrial park. He asked if that had taken place or does money have to be borrowed from the city. Staff replied there are contractual agreements with Vinge Tile and Stone and Just Kidding Around Daycare that include tentative closing dates. Both projects are moving forward. One is in the plan review stage and Mr. Vinge is completing his plans. There will be more than enough money generated from those two sales to cover the sale price of the Blaha property. Finance Director Roland stated the funds will be available from the Council Minutes (Regular) September 2, 2003 Page 6 closings of these two properties and the funds would be available at the time the HRA wishes to purchase the Blaha property without any funds being borrowed from the city. It would be an independent HRA transaction. Mayor Ristow asked ifnot, would the funds be available from the city. Attorney Jamnik stated the resolution indicates the city will not be responsible for any loss. It is contemplated it would be financed exclusively by the HRA. If that would change, it would have to come back to Council to modify the resolution. Councilmember Fogarty stated the HRA is giving Council good information and felt they are in the right direction. She understood the concern with financing in light of the budget, but this would be a good investment for the HRA. Mayor Ristow stated he would feel more comfortable ifthere were some plans available. We do have a person interested and he was sure his offer was still on file. It was a standing cash offer. He does understand it would have to go through the HRA and was never presented to them. He would like to see that followed through and ifhe does have a plan for him to purchase it through the HRA. Staff replied the next HRA meeting is September 8 and the packet would be completed on September 4 so there would be an opportunity to put it on the agenda. To some extent that would run contrary to the guidance staff has received from the HRA in the past. The general direction was not to encourage or entice people to submit offers on property when the city has not ruled out the property for a City Hall. Staffhas been cautious to not have city bodies working at cross purposes. They have been careful not to mislead people or lead them to believe that if they make and offer that before a decision is made about City Hall, a decision could be made about the HRA lots. That decision should be made by the HRA. The goal is not to keep people from making offers on the property, it is to structure things so it is handled in the right way at the right time. Councilmember Fitch felt Council owed it to Mr. Blaha to make a final decision. Mr. Paul Hardt, member of the HRA, stated purchasing these two parcels helps put together a larger piece of property that could be integrated into a larger and better use for this area. The HRA was acting at the suggestion of the Council to recommend purchase ofthe property to keep the options open for possible development for the City Hall or other development. The HRA' s stand was unanimous and they do favor acquisition of the property. In the long run it will be very much to the advantage ofthe city. MOTION by Fogarty, second by Fitch adopting RESOLUTION R62-03 authorizing the Farmington HRA and city staff to proceed with the proposed acquisition of the two Blaha-owned parcels. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT Council Minutes (Regular) September 2, 2003 Page 7 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Approving the Issuance and Sale of $6,200,000 Revenue Notes, Series 2003 (St. Francis Health Services of Morris, Inc. Project) and Authorizing the Execution of Documents Relating Thereto - Finance St. Francis Health Services of Morris, Inc. approached the city to act as issuer of revenue obligations. The obligations are conduit debt, which means the city acts as conduit and has no obligation for repayment of any kind. They have acquired the finance for the revenue notes and are asking the city to approve the issuance and sale of $6.2 million of revenue notes, series 2003, and authorize the execution of documents. The notes issued will pay off the outstanding indebtedness of the Trinity site. St. Francis Health Services will then be the owner of the property and will proceed with whatever development will take place on those properties. Mr. Steve Fenlon, of St. Francis, stated this does not show up on the city's finances as any kind of debt. State law prevents the city from having any legal obligation to repay the debt. Mayor Ristow stated he received a comment from a life-long resident asking ifSt. Francis will be re-opening the hospital. Mr. FenIan stated the economics of hospitals are very difficult. St. Francis operates nursing homes, assisted living and independent living facilities. They do not own any hospitals. The likelihood ofre-opening the hospital is very unlikely. Once a hospital closes, all the building regulations it was grandfathered under are gone. To re-open the hospital would be to demolish it and reconstruct it. Therefore, the hospital would not be re- opened. A time schedule has not been established for any renovations to the facilities. For any issues regarding operations staff should contact La V em Hoffmann, Chief Executive Officer or Carol Raw, Chief Financial Officer. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R63-03 approving the issuance and sale of $6,200,000 Revenue Notes, Series 2003 (St. Francis Health Services of Morris, Inc. Project) and authorizing the execution of documents relating thereto. APIF, MOTION CARRIED. b) Approve Spruce Street Master Plan - Community Development Mr. Loren Gordon, of Hoisington Koegler, stated they were the primary preparer for the Spruce Street Master Plan. The Spruce Street Task Force was comprised of business owners, residents, and Council. Throughout the process the Master Plan has been presented to the Planning Commission and Council. He then outlined how the Master Plan was developed. The Spruce Street Corridor contains 450 acres at the primary entrance to the city. Mr. Gorden presented the Land Use Plan to the Council which shows the areas where different types of uses will be located. The borders are County Road 50 on the north, Denmark Avenue to the east, 220th Street to the south, and an extended Pilot Knob Road to the west. Along the northwestern portion is a business and commercial flex area. This is a business park area for commercial type businesses. It is a location for Council Minutes (Regular) September 2, 2003 Page 8 employment with a retail opportunity. The frontage along Hwy 50 is the commercial area and adjacent to that is a mixed-use area. These last two areas are the commercial core and hub of activity for the Spruce Street area. The land uses in the southern portion are a mix of higher density and medium density residential such as townhomes and smaller lot single-family. The higher density would be condominiums and apartments. There is also park land, a town square, and natural areas which are undevelopable. Mr. Gordon then presented the Urban Design Concept Plan which gives an idea as to how the area could develop. It shows what the relationships are between the land use areas. The Spruce Street extension is key to the Urban Design Concept Plan as this is an extension of what has occurred in the development patterns in the city. This is a gateway to this area and a focal point for his area. There is an opportunity for mixed use shops, and retail services with housing above around the town square. Along Spruce Street could be a mix of retail, but more likely service oriented professional finns with some housing. On the edge of the downtown would be larger pad users. There are smaller pad users that front off the connecting streets to the town square off ofHwy 50. These are all connected to the business park area. There is an extension across South Creek to connect the residential area to the northern area. The trail systems and park features a bridge over the river to connect north-south areas. There are areas for active recreation along the gas line utility easements. The report identifies improvements that would need to be made, and funding mechanisms for the infrastructure. Councilmember Fitch asked about the mixed-use and living over retail space. Retail is not 8 a.m. - 8 p.m. He asked how that has worked in other areas, such as complaints regarding noise. Mr. Gordon replied at one time Fannington had this mixed use downtown. It has gone away somewhat and it has become a suburban community. More communities are wanting this mixed-use development where there are services on the ground floor and living above. That part of the community has not come here yet. There will be people who want things closer, don't need the yard space and would rather live above something close to where they work and to establishments that have things they need. Mr. Glen Nord, representing New Century and the Knutsen family, stated they are the owners and developer ofthe 60 acres on the northeast comer of the project. The development of the Knutsen property has been ongoing for a significant number of months. They are caught mid-stream. They have been operating under present platting ordinances, and now are about to shift gears to the new Spruce Street Master Plan fonn of development. The Knutsen's have already made concessions with staff members in meetings regarding wetland areas and green acres and have satisfactorily resolved those important issues. The Knutsen's have expended many thousands of dollars on partially completed project plans. There is a fear ofthe unknown, the little details, especially if they could lead to long delays. Both the developers and the owners have already entered into significant contractual obligations where they must report to the end-users. They are talking Council Minutes (Regular) September 2, 2003 Page 9 about bank end-users, hotel, fitness center, automotive, drug store, senior housing, restaurant, etc. The developer's and owner's goals are to work hand in hand with the city including the new project, to shift gears, and to be a good partner. They are not trying to escape responsibilities for having a nice project go. They do want it to be a major positive asset for the city. It is a big project and should be a model project. In the past, they have been told a preliminary plat could be submitted as early as late September, into October, no later than early November, depending on which meeting one attended in the past several months. This is one of their concerns. They are aware before this project can be implemented by the city or any property owners, the AUAR has to be prepared, submitted and approved. They joined with that and want that process to go smoothly. His clients are looking for a reassuring comment, a simple friendly word concerning the following topics: - It would be most reassuring to know that the leaders of the city either believe, hope or intend that the Knutsen property and it's submission of a preliminary plat can still be submitted in the next few weeks and dual tracked with the AUAR so that ifthings go the way staff, and his clients hope for, come January 2004 both the AUAR and preliminary plat will be accepted and approved. A friendly word would be very reassuring to his clients. - They think enough ofthis project, that they have asked the marketing director, the chief engineer, the owners and developer to be present so what Council has to say will be heard by the correct people and relayed to the end-users. They would like to know that the development oftheir parcel is not directly tied to the development of the remaining acreage. They are aware that it ties together and it is all one plan. They do need to hear that their plat will rise and fall on it's own merits and their plat will not rise or fall on what their neighbor is or is not doing. That is very important when dealing with sizeable individual parcels as these. - It would be most helpful, above all else to hear from Council, that the city does not object to the development of the Knutsen property at the earliest possible date. In other words, by switching to the Spruce Street plan, the time schedule that had originally been hoped for for the Knutsen property can still be fulfilled. Or if Council feels differently, it is important that Council speaks up and let his clients know this. They are asking for Council's comments, they are not asking for a resolution. A kind word would greatly be appreciated. Mr. Todd Larson, 819 ih Street, stated the park land is either wetland or pipeline easements. Is that going to be considered as part of their park dedication or is that considered land that cannot be developed, and they will have to come up with additional land or funding for park land. On the Knutsen property, it was his understanding that when they went along with the AUAR, they were also going along with the Master Plan itself. If they are excluded from the project, are we excluding them from the AUAR and do they need to come up with their own AUAR. They wanted to jump on board to stream line this, and once the AUAR is Council Minutes (Regular) September 2, 2003 Page 10 almost finished, they want to back off and be their own separate project. The Planning Commission had issues with this. Mr. Gordon replied they have identified park land dedication areas. Some ofthe property owners may not have their proportional share of park land on the property they own. The Knutsen's may have more park land proportionally than the Peterson property. That will have to be reviewed as to how the park land transfers to fit into the process. The park land is above what the typical park dedication would be. The city will be a purchaser of park land or negotiate that through the development process. Mayor Ristow stated the ball park and tennis courts were recommended, but does not mean that is what will happen. Mr. Gordon replied that is what the committee would like to see happen. Councilmember Soderberg stated some of the concern he has heard is that the land is either low ground or pipeline and becomes unusable as far as the parks being unable to build structures. Mr. Gordon stated the ball fields are not a complex-type design, but more of a practice field. Because ofthe pipeline easements, only minimal grading would be allowed. The townhome and high density residential areas would require park dedication fees. Mr. Larson asked if the pipeline easement and wetland areas are included as park land dedication. He felt they should not be included as park land dedication as you cannot do anything with it anyway. The city would be better off to let those areas grow naturally and take the park land dedication funds or land and do something constructive with it elsewhere other than put up a practice field where you cannot put up a backstop. Community Development Director Carroll replied staffhas heard from task force members and others that those areas on top of the pipeline may not be an ideal location for athletic fields. The reason the drawings show fields, is the task force was interested in doing something useful with the property. Staffhas not discussed with the pipeline company as to how they would feel about having athletic fields over the pipelines. As far as park land dedication, the drawings should not imply the designated areas are park land dedication. That issue has to be negotiated with each property owner. The Knutsen's have discussed routing their storm water to the east and having a large holding pond in the area designated as park land. The city would not want to give credit for a large holding pond as it cannot be used for recreational purposes. This topic will have to be discussed in greater detail. If the linear areas along the river could contain walking trails, the developer could argue they should get park land credit for that. Parks and Recreation Director Distad stated the park dedication ordinance does designate that flood plains, wetlands, and storm water ponds do not get credit for park dedication. When the preliminary plat comes in, that would have to be negotiated. As far as the park area identified, it is a linear park and more of a greenway. Some spaces could be utilized for practice fields, but because of the linear nature it does not lend itselfto a complex. The city would be better served to find land elsewhere for a complex where there would be 40-60 acres in a Council Minutes (Regular) September 2, 2003 Page 11 rectangular fashion for soccer and baseball fields. He sees this area as being more of a natural area because ofthe streams. Mayor Ristow asked if there would be any area available for permanent ball parks in the 400 acres. Staff replied potentially there could be. There is a need for more room to practice so there is less pressure on the game fields. Councilmember Soderberg asked if it would be correct to consider the Master Plan as a Comprehensive Plan. Community Development Director Carroll stated there are similarities. The Master Plan is viewed as a predecessor to Comprehensive Plan changes that will need to be made. They do not want to leave the impression the drawing will limit what the city has the right to do. lithe Council decides they are in favor of changing the Comprehensive Plan and zoning to allow high density development, and as part ofthat if it is decided more parks or tot lots are needed, this document can be modified as Council sees fit. Mr. Mike Heinzerling, 4889 182nd Street, was part of the Task Force. They worked on this for 6-8 months and are very excited about this. Mr. Nord had mentioned the Knutsen's have spent some money, that is part of doing development. Mr. Heinzerling would like to see this done as soon as possible. The concern he has is ifthe Knutsen property is isolated out ofthe idea, can their preliminary plat have something completely different than what is planned? Does their preliminary plat still keep this concept in mind? He asked if it was possible to work with a preliminary plat along with the AUAR? Councilmember Fitch stated Council has to approve the Master Plan in order to go forward with the AUAR. Mr. Heinzerling encouraged Council to approve the Master Plan. Community Development Director Carroll stated there were comments whether or not the Knutsen property would be excluded from the Master Plan. Some of this comes from some discussion that occurred at the last Planning Commission meeting. Staffhas met with the Knutsen development team since then, and were able to clarify some issues for them. According to Mr. Nord's comments, staff believes they are no longer advocating that their property be excluded from the Master Plan. There has been some fear in the past that things may not work out as they had hoped. As far as dual tracking this staff is doing more than that. Most planners would prefer to do things in succession rather than concurrently. As the residents and Council have an interest in moving forward as quickly as possible, staffhas four separate things that are inter-related moving forward at the same time. They have the Master Planning process which might be completed at this meeting, the AUAR which is in progress based on working drafts of the Master Plan, things are in front of the Planning Commission regarding changes in the Comprehensive Plan and zoning and fine tuning ofthe uses permitted and conditional in the zoning district that exists on the Knutsen property now, and staff is about to embark into the preliminary plat review and approval process. So the process is being dual-tracked now and staffwill continue to do that. There are some risks involved that if one thing does not go as planned, it could impact the others, but that is a risk the developer and staff are prepared to take in the interest Council Minutes (Regular) September 2, 2003 Page 12 of completing this as quickly as possible. Staff is on track to get through the Master Planning process by early October 2003 and staff is on track to do that. The second question Mr. Nord raised was whether the development of the Knutsen property would be dependent upon the development of other properties. It is not. Their work has been judged on its own merits. They have come before the Planning Commission with a concept plan that has been reviewed. No one has suggested that when or how they proceeded would be affected by what others do. Staffhas been in contact with other property owners and some may have interest in developing their properties, but are not as far along as the Knutsen's are. They are prepared to wait and see what will happen in the future. Staff has always believed the Knutsen property should and would develop first, as it is the closest to the downtown area. Their proposals will be judged on their own merits, and staff will not sit on them for 5 or 6 months until they find out what others will do. The third point about whether the city is in favor of expeditiously developing this property, staff, Council, the Planning Commission, and the Task Force have told them they are. Staff is doing their best to expedite this as quickly as possible. People at Bonestroo are dropping other projects to move the AUAR forward as quickly as possible. Staffhas told the developer they will not wait for the AUAR to be completed. They will take the initial studies before they are incorporated into the report and get them to the developer so they can review them so the AUAR is a work in process they are participants in rather than recipients of at the end of the process. Mayor Ristow stated that is what was said at the development meeting and Council is supportive of staff and how it will progress. Nothing has changed and Council wants the project to move forward. Councilmember Fogarty agreed she wants to see the project move forward. Councilmember Soderberg stated the city needs to expand its commercial and business base so they would like to see it develop. No property owner has been tied to another property owner. The Knutsen property is the next logical development spot. It appears the dual-track system is underway. Things are happening very favorably for the Knutsen's. Mr. Nord stated they are very happy with Council's comments and they will relay the comments to numerous end-users. They will keep the project moving forward. Councilmember Fitch stated on the developer's behalfhe understands they have had different situations in other cities with this same type of proposal which has created some concern. Instead of being a guide line it was written in stone. This plan has more flexibility. Mr. Don Peterson stated the process has gone real well and he is pleased with it. He is satisfied with the Master Plan concept. Council Minutes (Regular) September 2, 2003 Page 13 Councilmember Fogarty thanked the Task Force and staff and the consultant. They did a great job of melding a lot of ideas and concepts together. MOTION by Soderberg, second by Fogarty to approve and adopt the Spruce Street Corridor Area Master Plan. APIF, MOTION CARRIED. c) Approve Proposed MUSA Committee Structure - Community Development The Planning Commission and staff have been discussing reactivating the MUSA process. The city went through the process a couple years ago and Council has indicated an interest in starting the process again. Last time there were five people on the committee. The Planning Commission recommended the following: Councilmembers - 2 City staff members - 2 or 1 City staff member and 1 City consultant ISD 192 Board Member - 1 ISD 192 Staff member - 1 Planning Commission members - 2 Parks and Recreation Commission member - 1 City Parks and Recreation staff member - 1 MOTION by Fitch, second by Soderberg to approve the MUSA Review Committee structure that was recommended by the Planning Commission at its meeting on August 12,2003. APIF, MOTION CARRIED. d) Appoint Council Liaison - Water System Vulnerability Assessment- Engineering MOTION by Soderberg, second by Fogarty to table this item to the September 15, 2003 meeting. APIF, MOTION CARRIED. e) Discuss Pre-Council Meeting Work Sessions -Administration MOTION by Soderberg, second by Fogarty to table this item to the September 15,2003 meeting. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Adopt Resolution - 2004 Preliminary Tax Levy and Budget - Finance Council has received the 2004 Budget which includes the 2004 tax levy. The state requires the city to pass a preliminary levy for the following year's taxes by September 15,2003. Once the levy is adopted, the city may lower it, but not raise it. The tax levy is $4.651 million which includes $1.106 million for debt service, and a $55,000 fire levy. The levy limit for 2004 is $4,651,306. For the 2002 budget year the state removed HACA. In 2001 the city received between HACA and LGA over $800,000 or 17% of the total city budget as aid from the state. In Council Minutes (Regular) September 2, 2003 Page 14 2002 the tax levy took a $900,000 jump, part for operations and part to recover the lost HACA aid. Last year the city raised the tax levy by half the amount of lost HACA and absorbed the other half. As the state took away the excess levy the city has to levy to the limit for 2004. When the budget process for 2004 began, it started out at -$256,000. The city will be run in 2004 on the same amount of revenue collected in 2002. In between, the city has grown 23% in market value each succeeding year. The city is 46% larger than 2002. In the 2004 budget, one position will be added, a police officer. Planning and building interns will be used to assist with the work. Capital Outlay items are outside of levy limits as they will be purchased with certificates of indebtedness. That amount is $750,000 for equipment needed to run the city. Some priorities will have to be set, and some services may not be performed as quickly as in the past. MOTION by Soderberg, second by Fitch adopting RESOLUTION R64-03 certifying the 2004 Preliminary Tax Levy to Dakota County and establishing December 1, 2003 at 7:00 p.m. as the City of Farmington's Truth in Taxation hearing for Tax Levy collectible in 2004. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Soderberg: The quarterly ALF Ambulance meeting was held last week. Former City Administrator Shukle was the Chair for the Executive Management Committee. The Joint Powers Agreement specifies Farmington to have the position of chair. The board has changed the agreement to have Mr. Bob Erickson, Lakeville City Administrator be Interim Chair until the changes are made in the Joint Powers Agreement, and then Apple Valley City Administrator Tom Lawell will hold the position of Chair. This was decided as this position needs long-term management and is in the best interest of ALF Ambulance and the cities involved. Parks and Recreation Director Distad: The 21 st Anniversary of the Rambling River Center will be held September 9, 2003, from 5 p.m. - 8 p.m. 14. EXECUTIVE SEARCH FIRM INTERVIEW Personnel Decisions International, Mr. Harry Brull Mr. Brull is the Senior Vice President of Public Sector Services for POI and has been with PDI since 1978. PDI is based in the Twin Cities and has been in business for 37 years. There are 1,000 employees, 18 U.S. offices, and they are located in 17 countries. PDl's expertise is in understanding what it takes to run an organization, what it takes to be successful in a given job, and the ability to measure people and organizations against that standard and to close that gap. They have placed 1.4 million people in leadership roles around the world. In the public sector, search is not the operative word, you do not need to search for a City Administrator. He has in his office the name of every City Administrator in the U.S. on a data base. The key is to figure out where you are as a city, where you want to go as a city, what it will take and who it will take to get you where you want to go, and look at candidates and say how close to the template does this person Council Minutes (Regular) September 2, 2003 Page 15 fit. The key is the person you put in this role is the person you expect them to be. They have the skills and strengths you expect. If they have deficiencies you know what they are and if they are ones you can live with. The process has two roots. One is what are you looking for. He will interview Council, staff, businesses, and the religious and education community. From that he builds a template. The other side begins with people. Talking to people who recommend other people, getting solicitations out. He strongly recommended to not waste money in the local newspaper. He will use the MN League of Cities, and ICMA. He would go regionally and identify cities in an x-state region of certain size and get every City Administrator a letter. From that process it is not selection, it is de-selection. You take the candidate pool and get rid of everything but one. As an industrial organizational psychologist his expertise is in designing the process, and helping Council do the interview. He would like to involve the staff, including department heads and representatives ofline staff. He would highly recommend this. Councilmember Fitch asked ifhis profile was different than other firms. Mr. BroIl felt their questions are different. Questions are "What are the priorities for the city in the upcoming year?" "What are the challenges both for the city and this person?" "What is the tough stuff?" The profile should reflect not only a template for hiring, but a step back for where are we and where are we going. Councilmember Fogarty asked ifhe worked through the entire process with Plymouth. Mr. BroIl replied he has worked with Eden Prairie, Golden Valley, etc. Councilmember Fogarty asked what he is doing different in his final assessment that is so different? Mr. BroIl stated his professional expertise is in the measurement of competence of human beings. He is President of the International Personnel Management Association Assessment Council. His skill is in testing, simulations, knowing how to interview in- depth and teaching others how to do it. One thing he has built for City Administrator selection is a press conference. They take a candidate and give them a newspaper containing an article on a scandal. They are told in 5 minutes the TV press will be here wanting a statement from him. In 5 minutes they walk into a room with bright lights and cameras and two reporters who start firing questions at them. This is video taped and Council gets to see it. They also give the person a stack of paper and say this is from the in-basket, deal with it. They also use tools of testing for leadership style and personal style. Councilmember Soderberg asked if he interviews Councilmembers independently or as a body? Mr. BroIl replied generally independently. It gives more air time and more freedom of expression. They can be in person or over the phone. They then meet as a group and discuss what he was told. He does like to meet with staffupfront in focus groups at a department head level. Councilmember Soderberg stated one thing he has heard was a concern that he is a salesman to sell us a product and you have this pool that through your process you have created and that you will somehow try to sell us a candidate that mayor may not be what we are looking for. Mr. BroIl replied he does not have a pool. He is not trying to sell anything. When organizations hire him for Council Minutes (Regular) September 2, 2003 Page 16 assessments for one-three people he tells them you do not have any good candidates or have one or two that look strong. This does not mean he does not see perennial candidates. Mayor Ristow stated ifPDI is selected and there are five candidates, you are not going to politic for anyone individual. You are not going to bring anyone with baggage from other cities. Mr. BroIl replied some people have had problems with other cities that they do not bring with them. One thing he does is press searches. It is hard to be a City Administrator and not hit the press. The people who come here are applying for a new job for a reason. Mayor Ristow stated this is his third City Administrator and second Superintendent. Most have all been satisfactory and the consultants for the school have presented the information very well and left it up to the committee to decide. He is asking Mr. BroIl to be open and fair. Mr. BroIl stated Council will get everything he can find out about the person within the constraints oflaw, ethics and decency. His job is no surprises. Mayor Ristow stated the Council had agreed on a 5-state area. Mr. BroIl stated he has the cities sorted by size, so they can send a letter to cities of 5,000 or more. This is cheaper than an ad. This is something personalized in the City Administrator's hands in 5 states. At 6 months post-hire he comes back to look at how the person is doing both from Council's point and below. They sit down with the individual and Council and share that information. Mayor Ristow stated if in 6 months, Council is disappointed, what is the process. Mr. BroIl stated if it is fixable, that is one thing. Ifthey want to pull the plug, he has a guarantee. In 25 years that has not happened. He has had to redo a search with a different process. Councilmember Fitch stated there has been some political tension. How does he work with the Council to bring them together enough to make a decision? Mr. BroIl stated he has worked with Council's who worked together a lot less well. Good healthy disagreement is critical. The key is to be able to effectively work through differences and come to a resolution. This process gives the opportunity to do that. He likes to discuss problems in private. If Council does not work well together, the City Administrator cannot succeed. Mayor Ristow asked what his expectancy is of the longevity of a City Administrator. Mr. BroIl stated Council needs to define minimally how long a person needs to stay to bring some stability and consistency to the process. Mr. BroIl suggested 3 years minimum. By professional standards City Administrators cannot voluntarily leave a position in less than 2 years without risking professional censure by their professional organization, which is a black mark they carry with them. Whatever minimum the Council decides on, Mr. BroIl will tell the candidate if you do not plan to stay for that length oftime, do not bother. Mr. BroIl asked how long the last City Administrator was here. Mayor Ristow replied I ~ years. Mr. BroIl then asked if Council gave a severance package. Council replied yes. Mr. BroIl replied that is becoming the norm. You will have a hard time attracting candidates if you are not willing to pay a severance. Council Minutes (Regular) September 2, 2003 Page 17 Mayor Ristow stated with the Superintendent search one concern was with longevity and being actively involved in the community. Mr. BroIl replied by law you cannot force where they live, but you can say I need someone who will be out there active and visible in the community. The best predictor ofthat is how have they played the game where they have been. Mayor Ristow stated if there are functions on the weekends or at night, that does have an impact. Mr. BroIl stated if you hire someone from out of town you can give them an incentive to live here. You can help defray moving expenses if they move to town, but not if they won't. It will get tough with someone from the metro area who has kids and a home and will drive across town. The expectation of being involved in the community should be out there up front. Mayor Ristow stated from the School Board you get more activity out of the person if they are readily available. Mr. BroIl replied you get some people who live further away that will be more involved in the community because that is who they are. Others who live in the community go home at night and lock their door. Councilmember Soderberg asked if the cities where there was more conflict, were the placements successful. Mr. BroIl stated the person was appoint on a 5-0 vote, and those people either are still successfully employed or left after 5 or more years of their own accord in good standing. Councilmember Soderberg stated he hoped the Council could come to a 5-0 vote on a candidate. His interest is that whoever the candidate is, is successful here and stays 5-7 years. Mr. BroIl stated the higher quality of data about who you are getting, the more successful you will be in your selection. Mayor Ristow asked what his time length is. Mr. BroIl stated 10-12 weeks from the ad to an appointment. Mayor Ristow stated once it is started, there are no delays. Mr. BroIl stated it is more than no delays. When we start we put a schedule together that says this is the date Council will interview candidates so you know it and you can schedule it. They tell the candidates when they apply, do not take a vacation this week. A City Administrator should be selected before Thanksgiving. Mr. BroIl himself will be doing the process. Council will advise all the search firms as to which one is selected. 15. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 10:24 p.m. APIF, MOTION CARRIED. Respectfully submitted, a . ~- r .~.~., ,/ /~ .-dc.c.- ? 7c<.J Cynthia Muller Executive Assistant COUNCIL WORKSHOP EXECUTIVE SEARCH FIRM INTERVIEWS MINUTES September 3, 2003 Mayor Ristow called the meeting to order at 6:00 p.m. Members Present: Ristow, Cordes, Fitch, Fogarty, Soderberg Also Present: Dan Siebenaler, Interim City Administrator; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Audience: Michelle Leonard MOTION by Soderberg, second by Fogarty to approve the agenda. APIF, MOTION CARRIED. Mark Sathe & Associates Mr. Mark Sathe Mr. Greg Albrecht Mr. Mark Sathe founded the firm in 1974, served 600 clients, has placed 2800 hires and 95% have been successful. If the hire does not work out, they will re-open the search at no charge. There are 8 people in the firm, and they are based in St. Louis Park. One-fourth of their work is in the public sector. Mr. Sathe stated they often compete with firms that are not search firms. Others do testing and evaluations, Sathe does head-hunting and recruiting of people. Their process is to develop a survey and profile, develop a target list and approach people who are not reading want ads. They will place ads in ICMA, Minnesota League of Cities, and post on their website. Most of the time positions are filled by people who are not calling them, but Sathe thought they would be suited for the job. They contact the person several times, and send them information. Their fees are higher than others because of these contact steps. Mr. Sathe recommended hiring them and also another firm for testing to evaluate the candidates. Mr. Greg Albrecht stated they have 250 City Administrator candidates in their database. Sathe searches for those people who are not looking. They also do a 360 degree reference check. They check references with the current City Council, the staff, and the community to obtain a full scope of background. They screen applicants for 1 ~ - 2 hours. They do a write-up which includes what they have accomplished, their strengths, why they will fit, and why they will be a good candidate. They will also provide any concerns such as salary, or living here. Mr. Sathe stated he can sell the Farmington atmosphere because of his own experience. They will do a profile, target list, contact candidates, do the interviews and develop a short list of candidates. Sathe will assist Council with interviewing the candidates, discuss them, and make an offer. Sathe only conducts one search at a time. Sathe will meet with the Council either individually or together to determine what are the key aspects of the job, what they are looking for, why the past person did not do well, what to avoid in the new person, what kind of attributes, skill, experience, knowledge and education Council wants in the new person. Councilmember Fogarty noted they had to go through a second search with Carver. If they hired an Administrator and then went through a second search, she assumes they fired that Administrator. Councilmember Fogarty asked if Carver had to pay a lot of money to get rid of that Administrator. Mr. Albrecht replied no, she did not make it through the probation time. Another City Administrator was hired in 45 days at no additional cost. Council Workshop Minutes September 3, 2003 Page 2 Councilmember Cordes asked about the 360 degree reference checks. She asked if Council hears all of it, the good and the bad, or does Sathe select what Council hears. Mr. Albrecht stated they take 6-8 pages of notes and give Council a consolidation ofthat. The report contains the good and the bad, any weaknesses, etc. Council is welcome to view all of their notes. Councilmember Cordes noted their fee is based on 1/3 of the starting salary. Mr. Sathe stated they modify their fee schedule for the public sector. They propose $18,000. Councilmember Soderberg noted in addition to the project fee, there are expenses for travel, lodging, web announcements, etc. Mr. Sathe stated they run approximately $1,000. Mr. Albrecht asked what the biggest issue is facing the city besides growth? Council replied the trickle down effect of growth, infrastructure, transportation, and relations with surrounding townships. Mayor Ristow asked about the timeframe. Mr. Albrecht stated it takes 45-60 days to hire someone. They should be able to have a slate of candidates within 30 days. Candidates typically have to give a 30 day notice. Their goal would be to have a selection made by Thanksgiving. They have people they know right now they could call, but that would limit the search. They could start tomorrow. Interim City Administrator Siebenaler stated they mentioned using an outside firm for any additional testing and asked ifthat would be an extra fee. Mr. Sathe replied that would be an extra fee. Thompson starts at $200, and PDI has a 2-day testing for $4500. Mr. Albrecht asked in what ways did the previous incumbent not meet expectations. Mayor Ristow stated they cannot respond due to data privacy and the advice of the attorney. Sorioe:sted & Associates Mr. Al Erickson Mr. Nick Dragosich Two other people that would work on the project are Mr. Roger Scott who has 40 years experience, and Mr. Bill Joins who has 30 years experience in local government. Mr. Erickson spent 15 years as a Finance Director and Deputy City Manager. Mr. Erickson stated there are 7 important key elements in any search process that starts with position analysis and ends with ongoing services. They work with clients in the long-term to help build their communities both fiscally and from a management basis. In 2000 they merged with MAl from Virginia. They are based locally in St. Paul and have offices around the country with over 60 employees. Most of their employees have worked in government. They only work for cities, counties, school districts and non-profit organizations. They have expanded their Human Resources area to include pay performance evaluation systems, pay classification systems, and organizational improvement studies. Mr. Nick Dragosich stated they have 7 or 8 former City Managers on staff. He is a former Mayor. Their process is not different in the way others do the process in terms of finding candidates. Council Workshop Minutes September 3, 2003 Page 3 Councilmember Soderberg noted they started out as a financial firm and then added executive search. He asked how long they have done executive searches. Mr. Dragosich replied 4 years as Springsted. Prior to that, MAl did executive searches for 25 years. They do executive searches in all 50 states. Their process begins with the position analysis, determining job requirements, policies and procedures, characteristics, personal traits, and community involvement. They interview Council individually to obtain their expectations. They are also given a questionnaire to complete. If Council requests, they will also go through the process with the department heads and the community. They then come back to Council with what they hear. They offer an option finder system which is an electronic voting system. They set up an interactive session with prearranged questions and everyone votes. This is used to develop a profile, and bring it to Council as a draft document. The next phase is the recruitment of candidates. They place ads in the various publications Council would like to advertise in. They also provide recommendations such as ICMA, the league website, their website, etc. They will compare resumes to the qualifications and come up with 10-14 semi-finalists. They call their references and those that are not listed as references. They also recruit candidates they feel are a good match. They review the semi- finalists with Council and reduce it to 5-7 finalists. They then do background checks. If Council chooses to do an assessment, Springsted will arrange for an assessment with another firm. If Council wants to visit the candidate's current community, Springsted will arrange a meeting with their Council. Springsted will help Council schedule the interview and select questions. After the candidate is hired, they will come back in 90 days to meet with the candidate and Council. If the candidate has been here for less than a year and they choose to leave, or are terminated for cause, Springsted will find another candidate at no additional cost except for out-of-pocket expenses. Councilmember Fogarty noted they are currently doing searches for Hibbing and Chisholm and asked if those cities are comparable in size. Mr. Dragosich replied Chisholm is less than 5,000 and Hibbing is 18,000. She had concerns with them doing a search for a city of similar size at the same time as Farmington. Mr. Dragosich replied they currently have 6 searches going on right now. Hibbing has different issues than what Farmington would have. He stated it would be unlikely that someone who would be interested in Hibbing would also be interested in Rosemount (Farmington) because the two are so different. Councilmember Soderberg stated they have a pool of candidates that they know may not be actively seeking a position, but might fit and asked how extensive the pool is. Mr. Dragosich replied they represent over 400 cities in Minnesota. They need to know what Council is looking for first. They do not have a pool of candidates that they move from city to city. Mayor Ristow asked what the fee schedule is. Mr. Dragosich replied it ranges from $11,000 - $14,000. In addition would be out-of-pocket expenses such as ads, etc. He felt the end of the year is doable depending on arranging meetings, etc. It takes 4-6 months to complete a search. There would be four people on the project. Mr. Al Erickson would be the primary contact. The people doing the search work for Mr. Dragosich and he would make sure they stay on task and review any work. Mr. Erickson stated the process involves 2 levels of quality control. Mr. Dragosich does the inside work, and Mr. Erickson would be the contact for Council. Interim City Administrator Siebenaler stated in their proposal they talk about screening candidates, an interview process, and background checks. He asked if they do any psyche Council Workshop Minutes September 3,2003 Page 4 testing. Mr. Dragosich stated they have a couple retired police officers who do the background checks. If Council wants psyche testing, they can arrange for that and recommend firms. Thompson Associates Mr. Larry Thompson Mr. Thompson stated there are a couple things an outside consultant brings to the table. One is the fact he has done this before. He has done 30 public sector placements, and has been in business for 25 years. He has never had an unsuccessful placement. Council's job is to pick the candidate that would fit the best. His firm can do the executive search process. He would contact 30-40 people to see who would be interested and that would generate 6 candidates. It is best to do a search and advertise. Evaluating adds a lot to the process. Council can use his report to compare the candidates and see where their strengths and weaknesses lie and to narrow down the list. He has a website candidates use for testing. This will eliminate 1/3 of the candidates. This test is also helpful to Council when they decide who they want to interview. The finalists will have already had psyche testing throughout the process. There are several options as to how involved Council is in the process. Some do not want to be involved until the end, some want to be involved from the beginning. He has two fee structures, one is at 22% of the salary to a maximum fee of $18,000. Thompson would pay all direct expenses involved in the recruitment. The other option is 20% of salary to a maximum fee of $16,000 and the city pays all expenses. He would recommend the second option. Advertising costs range from $1200 - $1500. In the early 80's he placed Finance Director Wayne Hennecke in Farmington. Mayor Ristow asked about the timeframe. Mr. Thompson replied it takes 10-12 weeks. It is 2-3 weeks before an ad appears. He would advertise in the ICMA Newsletter and Job Newsletter, LMC website, and local newspapers. It is another 2-3 weeks to take applications and 4 weeks after that to select a finalist. Mayor Ristow asked about the process if they did not like the candidates and if there would be an additional charge. Mr. Thompson stated he has not had that happen. It would depend on the circumstances. He would not charge if they were not the right candidates. If the Council is split, he would charge an extra 50% to redo the search. Mayor Ristow asked ifhe comes back in 6 months for an evaluation. Mr. Thompson replied he could, but there would be a fee. He usually checks in 2-3 months with Council. Councilmember Soderberg asked about placing ads and phone calls. Mr. Thompson stated they take all the City Administrators that might be potential candidates and assistants that have experience and call them all. He would restrict it to Minnesota, northern Iowa, eastern Dakotas, and western Wisconsin. Beyond that there is a fee to fly candidates in. He felt there should be enough candidates in Minnesota or nearby areas. Councilmember Soderberg asked about the process for developing a profile. Mr. Thompson stated he had a formal process and found Council's would agree on a candidate that fit the profile, but another candidate is the one they like the best. A lot is Council's connection with the candidate. He looks for a candidate that fits the needs, but does not get too formal with it. This concludes the Executive Search Firm interviews. Council Workshop Minutes September 3, 2003 Page 5 Mayor Ristow asked if any of the four firms meet their needs. Councilmember Soderberg stated he liked PDI. Sathe would have been his other choice, but they will use PDI anyway at an additional cost. Council agreed to eliminate Thompson Associates. As far as Springsted, Councilmember Soderberg stated they are doing searches of similar size and felt they are spreading themselves pretty thin. Councilmember Fogarty called on a lot of their references, and they are very well-respected in the financial world, but they are new to this field. Councilmember Fitch stated PDI would give a lot of guidance throughout the process. Councilmember Fogarty thought about merging Sathe and PDI - having Sathe get the candidates, and have PDI do the assessment. Councilmember Soderberg stated that was Sathe's plan and they would charge extra. Councilmember Fogarty stated Sathe had a reference that did not have fabulous things to say about them, and two references did not know they were on the reference list. Mayor Ristow felt PDI was straightforward. Interim City Administrator Siebenaler stated psyche profiles are good if they are balanced. PDI has been used in the testing process for police officers. They provided a psychological match. They provided candidates that were complimentary to what they already had. PDI and Sathe are both well respected. Sathe will use PDI and the city will pay extra. Sathe will be more expensive than PDI, because you do need to do the psyche testing. He recommended PDI and felt Mr. Brull set the bar. Mayor Ristow liked Mr. Brull because he was down to earth and not over-powering. He was concerned for the right fit for staff and for the community. He was sincere in the goals he set. Human Resources Director Wendlandt stated Councilmember Cordes could talk with Mr. Brull before making a final decision. Councilmember Cordes stated she is comfortable with the conversation and if other search firms use PDI, why go with someone else? Human Resources Director Wendlandt stated PDI has more experience and has dealt with more personalities. She recommended PDI. Interim City Administrator Siebenaler stated other firms will do options if Council wants them to. PDI said this is what we will do. They do a well-balanced assessment. Councilmember Fitch stated PDI does enough homework up front where he could bring Council the best 6 and they do not have to look at 10 or 15 candidates. Interim City Administrator Siebenaler stated Council needs to be very candid with Mr. Brull about what they are looking for and not looking for. Mr. Brull will work with Council to reach a consensus. Councilmember Fitch asked if there had to be a workshop for Council to get their act together so they can draw a consensus as to what are the most important qualities. Councilmember Soderberg stated Mr. Brull indicated he would help Council through that. Councilmember Fogarty stated she would guess they are not very far off from what they want. She felt they all want similar things. Mayor Ristow stated once Mr. Brull interviews them one on one they can tell what to expect. Human Resources Director Wendlandt has heard Mr. Brull works well with Councils. Everyone wants to fill the position as quickly as possible. Mr. Brull will slow things down if Council needs to reach a consensus on a particular issue. Interim City Administrator Siebenaler stated if it means getting the best person and waiting a little longer, that is what we will do. Council reached a consensus on PDI. This will be placed on the Consent Agenda for the September 15,2003 Council Meeting. Staffwill contact PDI to start the process on the ICMA publication. Councilmember Soderberg stated Mr. Brull had indicated he had the ability to send an e-mail nationwide. He felt it might be worth that extra effort. Council Workshop Minutes September 3, 2003 Page 6 MOTION by Cordes, second by Soderberg to adjourn at 8:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, f!rv~ /Y?~ Cynthia Muller Executive Assistant 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and Interim City Administr~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Capital Outlay: Landscape Edging DATE: September 15,2003 INTRODUCTION The Depot Way Arts Park received some new shrubs and trees. The four areas that were planted needed to have edging constructed around them in order to contain the mulch placed around the plants. DISCUSSION Kwik Kerb submitted the low quote of $ 1,420.00 to complete the work. Kwik Kerb is a concrete product that looks much like a street curb but has a lower height than a street curb. It also is much more durable than other forms of landscape edging. The City has used this product in the past in other landscaped areas. BUDGET IMPACT There is funding identified in the Park Improvement Fund budget to pay for the Kwik Kerb. ACTION REOUESTED No action is requested. This is for informational purposes only. RespectpJ1J' ~istad, Parks and Recreation Director . 7c City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, Interim City AdminiStralO~ Randy Distad, Parks and Recreation Director TO: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: September 15, 2003 INTRODUCTION The 2003 Park Improvement Fund budget provides funding for the construction of park and trail improvements. The City currently has several locations where vehicle entrance ramps and pedestrian ramps are needed. DISCUSSION There are five locations in the City where pedestrian ramps are needed to either provide proper access to trails or recreational facilities. These locations are as follows: two pedestrian ramps by the outdoor hockey rinks, a pedestrian ramp by the middle school tennis courts, a pedestrian ramp by the Rambling River Center's Spruce Street entrance, a pedestrian ramp at Evergreen Knoll and a pedestrian ramp in East Farmington that leads to the trails in the Prairie Waterway. The school district has agreed to pay 50% ofthe costs to construct the pedestrian ramp by the middle school tennis courts and the two pedestrian ramps by the outdoor hockey rinks since students use these to trails to access the middle school. In addition, there are two park locations where vehicle entrance ramps need to be created in order to provide better access to City recreational facilities by City vehicles. One at the outdoor hockey rinks so that the City water truck does not need to drive up and over a curb to get acces~ to the rinks for flooding. The second will need to be created at the City property located to the west of the Arena at the corner of Spruce Street and Denmark Avenue. City park staff members have created a tree nursery at this location that requires the water truck to drive up and over the curb to water the trees. Staff requested quotations from two contractors. The low quotation received was from North Country Concrete, Inc. in the amount of$10,859.40. BUDGET IMPACT There are funds available in the 2003 Park Improvement Fund budget to cover the cost of constucting the vehicle entrance ramps and pedestrian ramps. The City will actually pay $8,704.50 and the school district will pay the remaining cost of$2,154.90. ACTION REQUESTED This is for information only. Respectfully submitted, ~>># Randy Distad 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 lei TO: Mayor, Councilmembers, Interim City AdministratJ>r/~ Randy Distad, Parks and Recreation Director FROM: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: September 15,2003 INTRODUCTION The 2003 Park Improvement Fund budget provides funding for the construction of park and trail improvements. New trail sections will be constructed in several parks in order to improve trail connections to park amenities. DISCUSSION It appears that there are several parks that lack accessible routes to park amenities such as playground equipment and floating docks. Most recently the Federal Access Board has determined that playgrounds and other park amenities should have accessible routes to them. The Federal Access Board has developed standards that need to be complied with in order to make park amenities accessible. All of the trails that will be constructed under this project will satisfy accessibility requirements. All trails will be constructed with a bituminous surface at a width of 8 feet. Total length of trails to be constructed will be approximately 1,745 linear feet. Staff requested quotations from nine bituminous contractors. Two valid quotations were received. Attached to this memo is a bid tabulation form that identifies the park trail locations, the length of each new trail and the quotation submitted by each contractor for each trail section. As you can see on the bid tabulation form, Bituminous Roadways submitted the low quotation for each trail section to be constructed. BUDGET IMPACT There is funding available in the 2003 Park Improvement Fund budget to cover the cost of constructing these trail sections. ACTION REOUESTED This memo is for informational purposes only. ~~ Randy Distad Parks and Recreation Director ~ CG S S ::s en C o ~ J! o ::s a .2J u (I) '0' ... Q. - l! t- ~ ... CG Q. C S 0) C .- S ... 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Siebenaler, 1~ Interim City Administr~~ SUBJECT: Appointment of Executive Search Firm DATE: September 15, 2003 INTRODUCTION At the regular meeting of July 7,2003 the City Council decided to use an Executive Search Firm to assist in the hiring of a new City Administrator. A Request For Proposals (RFP) was published and proposals were accepted. At its August 18 meeting the City Council selected four firms for further interview. Interviews were set for September 3,2003 and were held in an open workshop in the City Council chambers at the Farmington City Hall. DISCUSSION Representatives of four Executive Search Firms were interviewed by the City Council. After a discussion of the merits of each proposal the City Council reached a consensus that the proposal by Personnel Decisions International best met the expectations of the members and the needs of the City. Since the interviews were conducted in a legally publicized Workshop no official action could be taken. The item has been placed on the Agenda for the regular City Council Meeting of September 15,2003 for official action. BUDGET IMPACT The proposal submitted by Personnel Decisions International includes a fee of $18,500 for services rendered plus out-of-pocket expenses such as advertising, postage and long-distance charges. This amount was not included in the original 2003 budget and will require a budget adjustment. An amount sufficient to fund this expense has been included in the 2004 proposed budget and appears as an adjustment to the 2003 figures. ACTION REOUESTED Enter into an Agreement with Personnel Decisions International for the purpose of conducting an Executive Search for the position of City Administrator for the City of Farmington. Respectfully submitted, D iel M. Siebenaler Interim City Administrator 7-F City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmernber~ Daniel M. Siebenaler, Interim City Administrator FROM: SUBJECT: Appointment Recommendation - Public Works Department DATE: September 15,2003 INTRODUCTION The recruitment and selection process for the appointment of a full time Natural Resource Specialist for the Public Works Department has been completed. DISCUSSION After a thorough review by the Public Works Department and the Human Resources Office, an offer of employment has been made to Ms. Jennifer Collova, subject to ratification by the City Council. Ms. Collova is a 1998 graduate of the University of Minnesota with a Bachelor of Science degree in Environmental Science. Since her graduation she has been employed with the Minnesota Department of Agriculture and HDR Incorporated, a private consulting firm, working in the natural resources field. She meets the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2003 Budget. ACTION REOUESTED Approve the appointment of Ms. Jennifer CoIl ova as Natural Resource Specialist in the Public Works Department effective on or about September 16,2003. cc: Personnel file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ FROM: Mayor, Councilmembers, Interim City Adrninistrat# Lisa Shadick, Administrative Services Director TO: SUBJECT: Set Public Hearing - Farmington Heritage Landmark Designation DATE: September 15, 2003 INTRODUCTION In accordance with City Code, a public hearing is required for the designation of a Farmington Heritage Landmark site. DISCUSSION The Heritage Preservation Commission has determined that the following sites meet the eligibility criteria for designation as a Farmington Heritage Landmark and requests a public hearing be held to finalize this designation ofthe sites: ./ Exchange Bank Building, 344 Third Street ./ Church of the Advent, 412 Oak Street ./ Akin House, 19185 Akin Road Notification ofthe public hearing will be sent to the owners of the properties and all adjacent property owners. Robert Vogel, HPC Consultant, will be present at the hearing to address any questions. ACTION REQUIRED Set a public hearing for 7:00 p.m., October 6,2003, to designate the Exchange Bank Building, Church of the Advent and the Akin House as Farmington Heritage Landmark sites. Respectfully submitted, ~ II A/~~ Lisa Shadick Administrative Services Director Cc: HPC Members Robert Vogel 7i 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 Interim City Ac1ministrat~ Lisa Shadick, Administrative Services Director TO: SUBJECT: City Participation in County Auction DATE: September 15,2003 . INTRODUCTION Dakota County is again this year holding a public auction to dispose of surplus equipment and is giving cities the opportunity to participate. DISCUSSION The auction is scheduled to take place at 10:00 a.m. Saturday, September 27, 2003, on the grounds ofthe Highway Garage on County Road 47 in Hastings. Items to be sold include approximately 60 bicycles, a police forfeiture vehicle and a surplus of miscellaneous items. BUDGET IMPACT Proceeds from this auction will have a positive impact on the budget. The Auctioneer's commission is seventy dollars ($70.00) for the sale ofthe vehicle and a commission of20% of gross sales of miscellaneous items. The City will receive a proceeds check minus commissions shortly after the sale. ACTION REQUESTED Acknowledge the City's participation in the County Auction to be held September 27,2003. Respectfully submitted, /~~IlMa~ Lisa Shadick Administrative Services Director ~Q.., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2003 Seal Coat Project Assessment Hearing DATE: September 15, 2003 INTRODUCTION The City Council scheduled the 2003 Seal Coat project assessment hearing at the August 4,2003 City Council meeting. DISCUSSION The 2003 Seal Coat project has been completed. The streets indicated in Attachment A were included in the seal coat program this year. The streets in East Farmington 5th and 6th Additions, Charleswood 2nd Addition, Nelsen Hills Farm ih Addition and Euclid Street between Euclid Path and Upper 183rd Street West were seal coated for the first time this year. The streets in Dakota County Estates 6th through 8th Additions, various streets in the Sunnyside Addition, Oak Street between 2nd Street and 4th Street, 3rd Street between Elm Street and Spruce Street and the municipal pool parking lot were also seal coated this year. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost for the 2003 Seal Coat project is $75,319.69. At the August 4,2003 Council meeting, Council directed staff to prepare the assessment roll allocating 50% of the project costs to the benefiting properties. Staff calculated the proposed assessment amount for the 2003 Seal Coat project to be $56.13 per buildable lot. The total amount to be assessed to benefiting properties is $37,435.35. Several streets in the project area have already been assessed for seal coating costs through their respective development contracts. The City's portion of the project cost is $37,884.34 and will be funded through the Road and Bridge fund. The additional $224.50 for the City's portion of the costs (over the 50% amount) is due to a calculation issue discovered after the assessment notices were sent out. As the additional $224.50 is well within the original project budget and contingency amount, staff recommends that the City fund this cost. ACTION REQUESTED Adopt the attached resolution adopting the assessment roll for the 2003 Seal Coat project. Respectfully Submitted, ez:: YJ1 >>1 ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -03 ADOPTING ASSESSMENT ROLL FOR PROJECT 03-02 2003 SEAL COAT PROJECT Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of September, 2003 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 03-02 Description Location Street Seal Coat - See Attachment A Oil and Aggregates NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount ofthe assessment levied against it. 2. Such assessment shall be payable in one installment to be payable on or before the first Monday in January, 2004 and shall bear interest at the rate of 6.0% per annum from the date of the adoption of this assessment resolution until December 31,2004. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 ofthe next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of September, 2003. Mayor day of September, 2003. Attested to the City Administrator SEAL Attachment A Streets 1 83rd Street West Elm Tree Circle E1kwood Avenue Lower l83rd Street Upper 1 83rd Street West Echo Drive Edgewood Court 1 85th Street West E1dorado Way Embers Avenue Euclid Street 1 88th Street West Exclusive Path 1 89th Street West Excalibur Trail Evensong Avenue Everest Path Everhill Avenue Exchange Trail Executive Path Oak Street 3 rd Street 12th Street 13th Street 14th Street Locust Street Larch Street Sunnyside Drive Sunnyside Circle Centermial Drive Centermia1 Court Centennial Circle Fairview Lane Fairview Circle Park Drive Heritage Way 6th Street Location Embers Avenue to Echo Drive All Upper 1 83rd Street West to Emerald Trail Elkwood Avenue to Echo Drive Embers Avenue to east phase line of Dakota Estates 7th Addition Edgewood Court to Emerald Trail All West phase line of Dakota Estates 8th Addition to Edgewood Court 1 85th Street West to Upper l83rd Street West North phase line of Dakota Estates 8th Addition to south phase line of Dakota Estates 8th Addition Euclid Path to Upper 1 83rd Street West Everest Path to west phase line of Nelsen Hills Farm ih Addition l88th Street West to Everest Path Everest Path to west phase line of Nelsen Hills Farm 7th Addition 1 89th Street West to Everest Path North phase line of Charleswood 2nd Addition to south phase line of Charleswood 2nd Addition North phase line of Charleswood 2nd Addition to Evensong Avenue Everest path to west phase line of Charleswood 2nd Addition Everhill Avenue to south phase line of Charleswood 2nd Addition Everhill Avenue to south phase line of Charleswood 2nd Addition 2nd Street to 4th Street Elm Street to Spruce Street Walnut Street to Larch Street Walnut Street to Larch Street Walnut Street to Larch Street 11 th Street to 14th Street 11 th Street to 14th Street Ash Street/c.R. 74 to Centermia1 Drive All All All All All All All from 6th Street to Trunk Highway 3 Heritage Way to south phase line of Sunnyside Addition ~6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City AdmiIDstraro~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: 195th Street West Assessment Hearing DATE: September 15, 2003 INTRODUCTION The City Council scheduled the 195th Street West Improvement project assessment hearing at the August 4, 2003 City Council meeting. DISCUSSION The 195th Street West Improvement project has been completed. This project consisted of street and utility improvements and trail improvements. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost is $1,015,840. The County is participating in the project per their cost-sharing policies. The City's share of the costs will be funded through the various funding mechanisms as outlined in the previous communications to Council. A cost allocation table follows: Total Project Cost Dakota Coun Pro. ect Cost Allocations City ISD 192 Deferred north side $1,015,838.48 $558,711.16 $2,516.73 $200,188.61 * $247,433.89 $6,988.09 * ISD 192 will also be assessed an additional $13,934.00 for other costs related to coordination with the school project. ACTION REQUESTED Adopt the attached resolution adopting the assessment roll for the 195th Street West Improvement proj ect. Respectfully Submitted, ~)V[~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -03 ADOPTING ASSESSMENT ROLL FOR PROJECT 01-16 195th STREET WEST IMPROVEMENT PROJECT Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of September, 2003 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 01-16 DescriDtion Street Improvements Location From Flagstaff Avenue to the existing pavement west of Pilot Knob Road NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2004 and shall bear interest at the rate of 6.0% per annum from the date of the adoption of this assessment resolution until December 31, 2013. To each subsequent installation when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of September, 2003. Mayor Attested to the day of September, 2003. City Administrator SEAL ~C!- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Admimstratop~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 209th Street - Street & Utility Improvement Project Assessment Hearing DATE: September 15,2003 INTRODUCTION The City Council scheduled the 209th Street - Street & Utility Improvement Project assessment hearing at the August 4, 2003 City Council meeting. DISCUSSION The 209th Street and Utility Improvement project has been substantially completed. The project provides municipal street, water main and storm sewer for 209th Street West between Chippendale Avenue (County Road 3) and Cantata Avenue West. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost is $280,000. The project costs will be financed through assessments to the residents along the south side of 209th Street and the Tamarack Ridge Development on the north side of 209th Street. Funds covering the costs of the construction are available in the developer's surety for the development project. The City has the funds to carry any deferred assessment amounts to the properties on the south side of 209th Street until such time those costs are actually assessed. The amount to be assessed to the residents along the south side of 209th for the street and storm sewer improvements is $7,088.76. The amount to be assessed to the residents along the south side of209th for the water main improvements is $1,959.11. The deferred assessments are in the amount of $78,441.43 ACTION REQUESTED Adopt the attached resolution adopting the assessment roll for the 209th Street - Street and Utility Improvement project. Respectfully Submitted, ~ ft1 YM~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -03 ADOPTING ASSESSMENT ROLL FOR PROJECT 01-08 209TH STREET IMPROVEMENT PROJECT Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of September, 2003 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 01-08 Description Street & Utility Improvements Location 209th Street West between Chippendale Avenue (Trunk Highway 3) and Cantata Avenue West. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2004 and shall bear interest at the rate of 6.0% per annum from the date of the adoption of this assessment resolution until December 31, 2013. To each subsequent installation when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of September, 2003. Mayor day of September, 2003. Attested to the City Administrator SEAL ,1!,tjse/f1:d!t , ~V; JJ~ r~ . :~JLJ,-Q~*~.zA:; . .- f~Y.~(}3 H ..3 r () 0 . JOJ sj- W h~Ijf!/~-bl fhA 69?Y l ~-~ /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Daniel M. Siebenaler, ~/' Interim City Administ~ SUBJECT: Discussion of workshops preceding City Council meetings DATE: September 15, 2003 INTRODUCTION At the August 4th, 2003 City Council meeting the subject of conducting workshops immediately prior to regular City Council meetings was raised. Council agreed to take the idea under advisement and place it on a future agenda for further discussion. Any workshop held by the City Council would be a public meeting and a required notice would be published in compliance with Minnesota State law. DISCUSSION During it's discussion of this issue Council is encouraged to consider both the benefits and pitfalls of such workshops. In addition Council should consider and define guidelines for the conduct of the workshop, that is, "What topics will be open for Council discussion? What rules or policies will Council abide by? And, What are the desired outcomes of the workshops?" ACTION REQUESTED Discuss the concept of City Council Workshops prior to regular City Council meetings and provide staff direction. Respectfully submitted, ,,-,,L aniel M. Siebenaler Interim City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOb TO: Mayor and councilme?jYbers Daniel M. Siebenaler, Interim City Administrat FROM: SUBJECT: Joint Powers Agreement for Dakota County Domestic Preparedness Committee DATE: September 15, 2003 INTRODUCTION In order to prepare for a response to large-scale natural and man-made disasters, jurisdictions of Dakota County have explored the formation of a Special Operations Team. A Joint Powers Agreement (JP A) has been prepared for review by the Council. DISCUSSION The Joint Powers Agreement (JP A) being presented is similar in structure and membership to the Mutual Aid Joint Powers Agreements for Law Enforcement and The Mutual Aid Assistance Group (MAAG) but serves a very different role. While the two existing JPA's address Law Enforcement functions, the Dakota County Special Operations Team is intended to be a group prepared to respond to large-scale disasters within the jurisdictions of the member organizations. Large-scale disasters include but are not limited to such events as structural collapse; technical rope rescue; Hazardous materials; wild land rescue; confined space rescue; trench rescue; water rescue and vehicle/machinery disentanglement. As can be noted in the description of the responsibilities of the Special Operations Team the operations performed would be similar to functions already provided by many local jurisdictions. Most Fire Departments currently provide many or all of the described rescue operations. However, few local jurisdictions have the capability of effectively responding alone to a large-scale disaster such as the total collapse of an entire building or the crash of an airliner. In those scenarios far larger numbers of trained personnel would be needed on short notice. At this time, as the Special Operations Team is envisioned, it would be comprised of members from the existing emergency services from local jurisdictions. That is, current Firefighters and Police Officers specially trained for large-scale response. BUDGET IMPACT There is no proposed budget associated with this Joint Powers Agreement. As noted in the Agreement the Governing Board would be responsible for the development of a budget as well as application for external funding sources. It is anticipated that the first year of operation will be funded entirely by Federal Grant Money. It should be noted however, that in the event that if and when grant funding is no longer available members of the Joint Powers Agreement might be responsible for the costs of the program. This is similar to other Joint Powers Agreements currently in existence. Current costs associated with personnel assigned to the Special Operations Team will be the responsibility of the local jurisdiction. These would include time associated with both training and response. ACTION REQUESTED Approve the proposed Joint Powers Agreement for Dakota County Domestic Preparedness. An appointment to the Governing Board will be necessary after council actions by all member jurisdictions. Respectfully submitted, GY). .." . y r~/ Daniel M. Siebenaler Interim City Administrator CC: Ken Kuchera, Fire Chief JOINT POWERS AGREEMENT FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE 1. Name. The parties hereby establish the Dakota County Domestic Preparedness Joint Powers Agreement. 2. Parties. The parties to this agreement shall consist of as many of the following entities that approve this agreement and execute a separate signature page to become parties: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul County of Dakota 3. purpose. The purpose of this agreement is to provide for the joint exercise of the parties' powers to plan for and to respond to the need of first responders for special response operations caused by the occurrence of large-scale disasters or emergencies, as defined in paragraph 9.2, within Dakota County. The joint exercise of the parties' powers pursuant to this agreement is intended to supplement and complement but not supplant the parties' joint and individual powers to plan for and respond to the occurrence of other emergency or unforeseen events occurring within Dakota County, as provided in the members' respective emergency operations plans and similar plans. 4. Governance. 4.1. Governing Board. The governing board formed pursuant to this Joint Powers Agreement shall be known as the Dakota County Domestic Preparedness Committee. 4.1.1. Membership. The Committee shall be constituted as follows: one member appointed by each member City; one member appointed by the Dakota County Sheriff; Dakota County Emergency Preparedness Coordinator ex officio; one Dakota County city manager/administrator appointed by the Dakota County Board of Commissioners, consistent with the recommendation of the city managers/administrators within Dakota County; 1 IPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE one member appointed by the Dakota County Emergency Medical Services Council; the Team Leader of the Special Operations Team appointed pursuant to paragraph 5.3; one member appointed by the Dakota County Public Health Director; and Dakota County Attorney ex officio or designee ex officio. The appointee of the Dakota County Public Health Director and the Dakota County Attorney or designee shall be non-voting members of the Committee and shall not be counted for quorum purposes. 4.1.2. Additional Member. In the event that none of the members appointed by the cities is a fire chief or none is a police chief, the Dakota County Fire Chiefs Association or Dakota County Police Chiefs Association, as appropriate, may appoint a member who is a fire fighter or police officer to the Committee. Such appointment shall endure until such time as a member city appoints a member who is a fire chief or police chief. 4.1.3. Documentation. Resolutions or other documentation of appointments shall be filed with the Dakota County Emergency Preparedness Coordinator. 4.1.4. Members not Emplovees. Members of the Committee shall not be deemed to be employees of the Committee and will not be compensated for serving on the Committee. 4.2. Terms; Vacancies. Members shall serve at the pleasure ofthe appointing party and may be removed only by the appointing party. Vacancies may be filled only by the appointing party. Incumbent members serve until a successor has been appointed. 4.3. Chair and Vice Chair. In January of each year the Committee shall elect a Chair and Vice Chair from its membership for one-year terms. The Chair shall preside at all meetings of the Committee and shall perform other duties and functions as determined by the Committee. The Vice Chair shall preside over and act for the Committee during the absence of the Chair. 4.4. Secretary/Treasurer. In January of each year the Committee shall elect a Secretary/Treasurer from its membership for a one-year term. The Secretary/Treasurer shall assist the Chair in overseeing the Committee's budget and finances. 4.5. Meetings. The Committee shall have regular meetings at such times and places as the Committee shall determine. Special meetings may be held on reasonable notice by the Chair or Vice Chair. The presence of a majority of the voting members of the Committee shall constitute a quorum. No action may be taken unless a quorum is present. 2 IPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE 4.6. Voting. Each Committee member shall be entitled to one vote. Proxy votes are not permitted. The Committee shall function by a majority vote of the Committee members present. 5. Duties of the Committee. 5.1. Program. The Committee shall formulate a program to carry out its purposes. The Committee shall carry out and implement its programs to the extent possible. 5.2. Special Operations Team. The Committee shall establish a Special Operations Team (SOT) with the capability of providing specialized response technical rescue operations for which specific training and equipment are required and which are not currently available to all of the members. The Committee will ensure that the SOT is established, that its members are trained to applicable federal and state standards, and that the necessary and appropriate equipment is purchased and made available for use by the SOT. The Committee will ensure that procedures are established so that the SOT is able to respond to large-scale disasters or emergencies occurring anywhere within the jurisdictions of the parties to this agreement. Procedures ofthe SOT are subject to the review and approval ofthe Committee. Members ofthe SOT will remain employees of the appointing party and will not be deemed employees ofthe Committee or the SOT. The parties agree to assign employees and make equipment available to the SOT. 5.3. Team Leader. The Committee shall appoint a Team Leader who will be responsible for ensuring that the Committee accomplishes the duties described in paragraph 5.2. 6. Reservation of Authoritv. All responsibilities not specifically set out to be jointly exercised by the Committee under this agreement are hereby reserved to the parties and each of them. 7. Powers of the Committee. 7.1. General Powers. The Committee is hereby authorized to exercise such authority as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in paragraph 7.2. 7.2. Specific Powers. 7.2.1. The Committee may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law. The Committee may approve any contract relating to this agreement up to the amount approved in the annual budget and may authorize the Chair to execute those contracts. No payment on any invoice shall be authorized unless approved by at least two of the three officers elected pursuant to paragraphs 4.3 and 4.4. The Chair shall report to the Committee any such payments at its next meeting. 7.2.2. The Committee may disburse funds in a manner which is consistent with this agreement and with the method provided by law for the disbursement of funds by Dakota County. 3 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE 7.2.3. The Committee may apply for and accept gifts, grants or loans of money or other property or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. 7.2.4. The Committee may obtain liability insurance or other insurance it deems necessary to insure the Committee and its members for actions of the Committee and its members arising out of this agreement. 7.2.5. All powers granted herein shall be exercised by the Committee in a fiscally responsible manner and in accordance with the requirements oflaw. The purchasing and contracting requirements of Dakota County shall apply to the Committee. 8. Budgeting and Funding. 8.1. Budget Adoption. By April 1 of each year the Committee shall adopt an annual workplan and budget for the following calendar year including a statement of the sources of funding. 8.2. Budget and Accounting Services. Dakota County agrees to provide all budgeting and accounting services necessary or convenient for the Committee. Such services shall include but not be limited to: management of all funds, payment for contracted services and other purchases, and relevant bookkeeping and recordkeeping. Dakota County contracting and purchasing requirements shall apply to transactions of the Committee. 8.3. Expenses. The parties understand and acknowledge that the activities and duties of the Committee are to be funded first by grant monies from the federal government, state government or other associations and agencies. Nevertheless, the parties agree to contribute to funding, if necessary, for the expenses of the Committee, to the extent not covered by grant funds. Each party agrees annually to appropriate funds for the expenses ofthe Committee not covered by grant funds, on a population basis, subject to each city council's or the county board's adoption of a resolution authorizing any such appropriation. For purposes ofthis paragraph, Dakota County's population is the population of the townships within Dakota County. 8.4. Federal and State Grant Funds Available to Counties. The parties understand and acknowledge that federal and state grant funds have been and may continue to be made available for the purposes of improving and enhancing local government units' capabilities in responding to the occurrence of large-scale disasters or emergencies. The parties further understand and acknowledge that some such federal and state grant funds may be made available directly to counties with the intention that the funds be expended for the benefit also of cities within the county. Dakota County specifically agrees that federal and state grant funds for such purposes which the Dakota County Board of Commissioners, pursuant to Committee recommendation and proposed budget, applies for and receives will be applied for and received on behalf of the cities who are parties to this agreement and will be appropriated to the Committee for 4 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE expenditure in accordance with the terms ofthe applicable grant agreement and budget approved by the county board. The Committee will expend any such funds only in accordance with the terms of any applicable grant agreement, approved budget, laws and rules. This paragraph does not prohibit Dakota County from unilaterally applying for, receiving and expending grant funds made available for the purposes identified in this paragraph. 8.5. Accountability. All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to the members monthly and on an annual basis. 9. Special Operations Team Activation and Use. 9.1. Purpose. The purpose of this section 9 is to provide for the deployment of the SOT established pursuant to paragraph 5.2, so that the SOT may be utilized by any party to this agreement in the event of a large-scale disaster or emergency within their jurisdiction. It is not the purpose of this section to provide for or address in any way requests by one party of another party for other services, or to supplant other mutual aid agreements to which any ofthe parties may be signatory. 9.2. Definitions. SOT Team Leader - the person designated by the SOT who is responsible for exercising tactical control of personnel and equipment provided by the SOT whenever the SOT is requested to be deployed or is deployed Disaster or large-scale emergency - an unforeseen exigent circumstance requiring technical rescue operations Requesting party - a party to this agreement who has requested that the SOT provide specialized response operations Special Operations Team (SOT) - a group of personnel assigned by the parties who will be trained and organized to provide special response operations to any party who requests them. Specialized Response Operations - specialized rescue services for problem-specific emergency situations, including, but not limited to structural collapse, technical rope rescue, hazardous materials, wild land rescue, confined space rescue, trench rescue, water rescue, vehicle/machinery disentanglement, and the like. 9.3. ReQuests for assistance. Whenever a party, in its sole discretion, determines that the conditions within its jurisdiction cannot be adequately addressed by that jurisdiction because of a large-scale disaster or emergency, the party may request orally or in writing that the SOT provide specialized response operations to the party. 9.4. Response to ReQuest for assistance. Upon a request for assistance of the SOT, SOT Team Leader may authorize, direct and permit the SOT to provide assistance to the requesting party. Whether the SOT shall provide such assistance, and the extent of such 5 IPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE assistance, shall be determined solely by the SOT Team Leader. Failure to provide assistance in response to a request made pursuant to this agreement will not result in any liability to the SOT or to any other party. SOT Team Leader shall notify the Chair or Vice Chair any time the SOT Command consents to provide assistance to a party, pursuant to this agreement. If a request is made by a governmental unit not a party to this agreement, the SOT Team Leader may provide assistance only with the approval of the Chair or Vice Chair, pursuant to Committee policy. 9.5. Recall of assistance. The SOT Team Leader may at any time and in its sole judgment terminate and recall the SOT or any part thereof. The decision to recall the SOT provided pursuant to this agreement will not result in liability to the SOT. 9.6. Direction and Control. Personnel and equipment ofthe SOT shall remain under the direction and control ofthe SOT Team Leader. 9.7. Exercise of Police Power. Any member of the SOT who is a licensed peace officer and who is providing assistance pursuant to this agreement has the full and complete authority of a peace officer as though appointed by the requesting party and licensed by the State of Minnesota provided the officer meets the requirements set forth at Minn. Stat. ~ 471.59, subds. 12(1) and (2). 9.8. Compensation. 9.8.1. Parties to this agreement. When the SOT provides services to a requesting party, the personnel of the SOT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their appointing party. No charges will be levied by the SOT for specialized response operations provided to a requesting party pursuant to this agreement unless that assistance continues for a period exceeding 48 hours. If assistance provided pursuant to this agreement continues for more than 48 hours, the SOT shall submit to the requesting party an itemized bill for the actual cost of any assistance provided, including salaries, overtime, materials and supplies. The requesting party shall reimburse the SOT for that amount. 9.8.2. Other Entities. In the event that the SOT is activated and deployed at the request of an entity not a party to this agreement, the Committee shall submit to the requesting entity an itemized bill for the actual cost of assistance provided, including salaries, overtime, materials and supplies. The Committee shall send the itemized bill not later than 90 days after the assistance has been provided. 9.9. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or death of its own employees. Each party shall maintain workers' compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the SOT. Each party to this agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 9.10. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment occurring during deployment ofthe SOT. Each party waives the right to sue 6 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 11. Liability. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), persons assigned to the SOT are deemed to be employees of the party that has assigned them to the SOT. Each party agrees to defend, indemnify and hold harmless the other parties against any claims brought or actions filed against any other party or any officer, employee or agent of such other party for injury to, death of, or damage to the property of any third person or persons, arising from the action or omission of its other personnel while serving as a member of the Committee or while providing special operations services pursuant to this agreement. Under no circumstances shall a party be required to pay on behalf of itself and other parties to this agreement any amounts in excess ofthe limits ofliability established in Minn. Stat. Ch. 466 applicable to anyone party. The limits ofliability for some or all of the parties may not be added together to determine the maximum amount of liability for anyone party. 12. Term. The term ofthis agreement shall commence upon approval and signature of a majority of the parties. Dakota County shall notify the parties in writing of the effective date of this agreement. 13. Withdrawal and Termination. 13.1. Withdrawal. Any party may withdraw from this agreement upon 12 months' written notice to the other parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 13.2. Termination. This agreement shall terminate upon the occurrence of anyone of the following events: (a) when necessitated by operation oflaw or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of parties agrees to terminate the agreement upon a date certain. 13.3. Effect of Termination. Termination shall not discharge any liability incurred by the Committee or by the parties during the term of this agreement. Upon termination property or surplus money held by the Committee shall then be distributed to the parties in proportion to contributions of the parties. 14. Miscellaneous. 14.1. Amendments. This agreement may be amended only in writing and upon the consent of the governing bodies of all of the parties. 14.2. Records. accounts and reports. The books and records of the Committee shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. ~ 16B.06, subd. 4. 14.3. Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same 7 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE instrument. Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. 8 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE CITY OF FARMINGTON Name Title Date of Signature 13 lPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and councilme(iYmbers Daniel M. Siebenaler, Interim City Administr r FROM: SUBJECT: Engine Noise Ordinance /Research update DATE: September 15, 2003 INTRODUCTION Staff has been asked to look into the possibility of enacting an Engine Noise Ordinance. While no final recommendation can be made at this time, staff has prepared this update on the status of research being conducted and is asking for further Council direction. DISCUSSION Historical Information. The last time staff researched an Engine Noise ordinance was in July 2000. At that time they were commonly called "Jake Brake" ordinances. Such ordinances were opposed by the manufacturer of the Jacob Engine Brake as a discriminatory use of their trade name. The engine brake company also states that it is not an issue of the engine brake itself, but the operators failure to maintain the muffler system associated with the system. Jacob Engine Brake Company threatened a lawsuit in Minnesota and as a result signs identifying the Jake Brake were prohibited on state highway right-of-way by MnDOT. MnDOT had determined that Minnesota Statutes 169.69 (mufflers) and 169.693 (vehicle noise) adequately addressed the issue of Engine Brakes and found that Engine Brake Ordinances were unnecessary. In the 7 -County metropolitan area MnDOT will approve the installation of signs that read "Vehicle Noise Laws Enforced" as long as the City passes a resolution indicating that the city will enforce two statutes listed above. According to information received from the City Attorney at that time in order to enforce the two statutes listed the City would need to purchase a decibel meter and measure the noise level of suspected violators. Staff has learned that a level of 85 decibels is the accepted standard recognized by OSHA. 85 Decibels is approximately the noise level found while standing next to a common walk-behind lawn mower. Current Research Staff has contacted Dakota County Court Administration. Court staff was unfamiliar with any Dakota County Prosecutions for engine noise and could not comment on the outcome of such a case. According to the Engineer for the Dakota County Highway Department there are currently no such signs on any Dakota County Highway. The Engineer did state that there is no official county policy against such signs but that Dakota County would try to follow the same guidelines as MNDOT before erecting them. Staff has been in contact with the Minnesota Department of Transportation and has learned that the 7- County Metropolitan Area rule is still in effect. In order to post Engine Noise signs on State right-of- way the City would be required to adopt an ordinance and file a Council Resolution with MNDOT indicating that enforcement would be directed at the two State Laws cited earlier. In order to keep the signs MNDOT would also require a demonstration that those laws are being consistently enforced. If the City Council desires a Vehicle Noise Ordinance the following issues would have to be addressed. . The City council would be required to adopt a Vehicle Noise Ordinance acceptable to MNDOT. . The City Council would be required to adopt a Resolution agreeing to enforce Minnesota Statute 169.69 regarding mufflers and Minnesota Statute 169.693 regarding vehicle noise. It would be necessary to periodically demonstrate enforcement of these two statutes. . The City would be required to purchase a Decibel Meter for use in monitoring vehicle noise, ticketing those vehicles at or above 85 Decibels. . Signs would have to be posted at each entrance to the City on State and County highways along with other areas where such violations are common. It would be necessary to obtain permission from other jurisdictions (MNDOT and Dakota County) to place signs in their right-of-way. . The Police Department would be required to dedicate personnel to the task of monitoring vehicle noise at each designated point multiple times per year. ACTION REQUESTED Staff is requesting that the Council discuss the severity of the vehicle noise problem and determine whether an Ordinance is in order. Provide staff direction. Respectfully submitted, Daniel M. Siebenaler Chief of Police / Interim City Administrator Engine Brake Ordinance Page 1 ofl Dan Siebenaler From: Andrea M. Poehler [andrea@ck-Iaw.com] Sent: Thursday, July 20, 2000 3:29 PM To: Dan Siebenaler Cc: Joel J. Jamnik Subject: Engine Brake Ordinance I talked with MnDOT re: policy changes in the department for "No Jake Braking" signage. (Contact: Mike Weiss 284-3440). Mike indicated that there was threatened litigation by the manufacturer of Jacob Engine Brakes concerning use of the their tradename "Jake Brakes." As a result, MnDOT pulled all of its "No Jake Braking" signs and conducted internal meetings to consider how to proceed. Eventually, MnDOT determined that such ordinances were unnecessary and that cities needed only to enforce existing statutes: M.S. S169.69 (re: mufflers) M.S. S169.693(vehicle noise) Dan: Joel asked that I forward to you the following information that I had gathered, please let me know if you have any additional questions or comments: MnDOT now requires cities in the 7 -county metro area to pass a resolution stating that they will enforce the two state vehicle noise statutes, in order to obtain the new signage which states as follows: "Vehicle Noise Laws Enforced." In order to enforce the vehicle noise statute, however, the City would probably need to purchase a noise meter and actually monitor the traffic along the designated areas. Communities outside the 7 -county metro area may request the new signs without passing such a resolution. For information on obtaining signage, Farmington would contact Harris Baker at (651)634-2146. Cannon Falls would contact Mike Shayen or Peter Buchen out of Rochester district office at (507) 285-7350. Andrea McDowell Poehler CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 apoehler@ck-law.com 08/11/2003 JOcl City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Adrninistra~ Lee Mann, Director of Public Works/City Engineer FROM: SUBJECT: Consider Resolution - Meadow Creek Third Addition Development Contract DATE: September 15,2003 INTRODUCTION The Development Contract for Meadow Creek Third Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Meadow Creek Third Addition was approved by the Planning Commission on June 10, 2003 and by the City Council on June 16,2003. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Meadow Creek Third Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, ~~~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R - APPROVING DEVELOPMENT CONTRACT MEADOW CREEK THIRD 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 l5thday of September, 2003 at 7:00 P.M. Members present: Members absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. R 78-01, the City Council approved the Preliminary Plat of Meadow Creek First Addition; and, WHEREAS, pursuant to Resolution No. R4l-03, the City Council approved the Final Plat of Meadow Creek Third Addition subject to the following conditions: 1. Lots 1-12 located north of 1 87th Street, west of Dunbury Avenue shall be labeled Block 4 2. No building permits shall be issued for Lots 1-5 of Block I and Lots 1-12 of Block 4 until construction of the waterway is complete. 3. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 4. Any engineering issues 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 RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and Interim 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 September, 2003. Mayor Attested to this _ day of ,2003. SEAL Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 15th day of September, 2003, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Progress Land Company, Inc., a Minnesota corporation (DEVELOPER) and Builders Mortgage Company, LLC, a Minnesota limited liability company (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Meadow Creek Third 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 fmal plat. 3. Development Plans and Rie: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 - ZoninglDevelopment 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 Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fInal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classifIcation of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoninl!lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements and Pilot Knob Road Improvements Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with 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. 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. Pilot Knob Road Improvements Assessments The parent parcels of Meadow Creek Third Addition have been assessed for improvements to Pilot Knob Road Improvements. The total levied assessment amount for the parcels is: 2 Parcel Description: Outlot A, Meadow Creek Second Addition Outlot C, Meadow Creek First Addition Parcel Nos. 14-47801-010-00 14-47800-030-00 Total: Total amount levied: (Through 12/31/03) $ 31,016.09 $ 48.382.88 $ 79,399.07 A portion of the levied assessment plus interest becomes due with the fInal platting of Meadow Creek Third Addition. The amount due with Meadow Creek Third Addition will be calculated proportionally based on the area of Meadow Creek Third Addition being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the assessment in cash at the time of [mal plat approval or have it prorated and reassessed to the lots and blocks of Meadow Creek Third Addition. If assessed, the assessments shall be spread over a 10-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefIt to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public utilities, by September 30,2004, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlots A, B, and I 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 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 fInal 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 [mal acceptance of streets and utilities. 10. Gradinl! 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. 3 If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 1,373 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/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 Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a fmal 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 Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's 4 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 Manae:ement Fee. The Developer shall pay an area storm water management charge of$ 113,411 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of $ 42,506 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water 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 $ 41,800 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 36,319 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of$ 118,775 in satisfaction of the City's park dedication requirements for the plat. 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. A credit in the amount of $ 122,979 will be given to the developer for land donated in satisfaction of the City's park dedication requirements for the plat. The net result is a park dedication credit of $ 4,204. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 4,712 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 3,040 based upon the number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 5 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for frre 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 terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 605,653. 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. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 36,661 $ 12,750 $142,385 $ 87,571 $ 171,588 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 19,000 $ 38,125 $ 33,000 $ 3,956 $N/A Two Years Principal and Interest on Assessments $ 60,617 This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, 6 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 Sil!ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 31. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of grading as-built plans, 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 7 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 fmal 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 fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed 8 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 fme 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: Mike Olson Progress Land Company, Inc. 6001 Egan Drive, Suite 100 Savage, MN 55378 (952) 226-3200 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Daniel Siebenaler, Interim City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Daniel Siebenaler, Interim City Administrator DEVELOPER: Progress Land Company, Inc. By: Its: Builders Mortgage Company, LLC By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 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 Daniel Siebenaler, Interim City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Progress Land Company, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Builders Mortgage Company, LLC, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT "A" Outlot C, MEADOW CREEK FIRST ADDITION and Outlots A and D, MEADOW CREEK SECOND ADDITION, according to the recorded plats thereof, Dakota County, Minnesota. 12 EXHIBIT "B" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 13 JOe. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administrator#, Lee Mann, Director of Public Works/City Engineer FROM: SUBJECT: Consider Resolution - Bristol Square Fourth Addition Development Contract DATE: September 15,2003 INTRODUCTION The Development Contract for Bristol Square Fourth Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Bristol Square Fourth Addition was approved by the Planning Commission on January 14, 2003 and by the City Council on January 21,2003. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: I. 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 Bristol Square Fourth Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, ~J11~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R - APPROVING DEVELOPMENT CONTRACT BRISTOL SQUARE FOURTH ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 15thday of September, 2003 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R80-98, the City Council approved the Preliminary and Final Plat of Bristol Square; and, WHEREAS, pursuant to Resolution No. R02-03, the City Council approved the Final Plat of BRISTOL SQUARE FOURTH Addition subject to the following conditions: 1. 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. 2. Any engineering issues be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and Interim 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 September, 2003. Mayor Attested to this _ day of ,2003. SEAL Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 15th day of September 2003, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and SAS Development L.L.C., a Minnesota Limited Liability Company (DEVELOPER) and Associated Bank National Association, a national banking association (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for BRISTOL SQUARE FOURTH ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the fmal 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 Reauirements. 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. Zonin!!/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements and Countv Road 72 Improvements Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with 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. 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. Countv Road 72 Improvements Assessments The parent parcels of Bristol Square Fourth Addition have been assessed for improvements to County Road 72 Improvements. The total levied assessment amount for the parcels is: 2 Parcel Description: Outlot G Outlot H Outlot I Outlot J Outlot K Parcel Nos. 14-15300-070-00 14-15300-080-00 14-15300-090-00 14-15300-100-00 14-15300-110-00 Total: Total amount levied: (Through 12/31/03) $ 10,782.00 $ 10,782.01 $ 10,782.01 $0 $ 10.782.01 43,128.03 A portion of the levied assessment plus interest becomes due with the fmal platting of Bristol Square Fourth Addition. The amount due with Bristol Square Fourth Addition will be calculated proportionally based on the area of Bristol Square Fourth Addition being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the assessment in cash at the time of fmal plat approval or have it prorated and reassessed to the lots and blocks of Bristol Square Fourth Addition. If assessed, the assessments shall be spread over a 10-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public utilities, by September 30, 2004, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlots C 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 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 final 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. Grading: 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 3 Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 198 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapine:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/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 Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a fmal 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 Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal 4 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 Manae:ement Fee. The Developer shall pay an area storm water management charge of $ 28,937 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of$ 6,120 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water 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 $ 21,450 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 5,229 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of$17,101 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 5 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 2,418 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,560 based upon the number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fIre training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 380,170. 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. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-fIve (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfIed, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 16,250 $ 44,125 $ 79,000 $ 66,625 $ 99,375 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 9,750 $ 25,000 $ 18,000 $ 1,625 N/A Two Years Principal and Interest on Assessments $ 20,420 This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its offIcers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its offIcers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. 6 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 Sie:ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 31. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plans, 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 7 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 fmal 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 fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. 8 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 fme 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: Sharon Allen SAS Development L.L.C. 12433 Princeton Avenue Savage, MN 55378 (952) 894-1888 (952) 894-4543 (Fax) 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: Daniel Siebenaler, Interim City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Daniel Siebenaler, Interim City Administrator DEVELOPER: SAS Development L.L.C. By: Its: Sharon Allen Associated Bank National Association By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 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 Daniel Siebenaler, Interim 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 SAS Development L.L.C., a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Associated Bank National Association, a national banking association, on behalf of the corporation. Notary Public 11 EXHIBIT" A" Outlot A, BRISTOL SQUARE SECOND ADDITION, and Outlots G, H, I, J, and K, BRISTOL SQUARE FIRST ADDITION, and that part of Lot 10, Block 4, BRISTOL SQUARE FIRST ADDITION, lying Southeasterly of the following described lines: Commencing at the southwest corner of BRISTOL SQUARE FIRST ADDITION, thence South 89 degrees 48 minutes 08 seconds East, along the south line of BRISTOL SQUARE FIRST ADDITION, a distance of 409.80 feet to the point of beginning of the lines to be described; thence North 21 degrees 00 minutes 00 seconds East, a distance of 117.10 feet; thence North 45 degrees 00 minutes 00 seconds East, a distance of 215.11 feet to the Northeasterly line of said Block 4, and there terminating. 12 EXHIBIT "B" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure( s) Signature Date 13 /o,f City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members,.~ Interim City Administrato~ Jim Atkinson Assistant City Planner TO: SUBJECT: Adopt Ordinance - Zoning Code Text Amendments for Spruce Street Master Plan Area DATE: September 15, 2003 INTRODUCTION The City of Farmington is proposing to make several amendments to the City Code consistent with the recently approved Spruce Street Area Master Plan for the area south of C.S.A.H. 50 and west of Denmark A venue. The proposed amendments include: I. Amending the Spruce Street Commercial District regarding permitted and conditional uses. 2. Creating a Business/Commercial Flex Zoning District. 3. Creating a Mixed-Use Zoning District. BACKGROUND The City of Farmington received an Opportunity Grant from the Met Council to plan for the future development of the area south of C.S.A.H. 50 and west of Denmark Avenue. The entire area consists of approximately 450 acres. The City hired the consulting firm of Hoisington Koegler Group to perform the study and prepare a Master Plan that would serve as a guide for future development. The Master Plan was approved by the City Council on September 2,2003. The land use aspect of the plan identified the need for additional zoning classifications to accommodate certain development patterns that were found to be desirable during the preparation of the Master Plan. Descriptions of the proposed additions are provided below. DISCUSSION Spruce Street Commercial District At its meeting on August 12, 2003, the Planning Commission reviewed potential amendments to the existing Spruce Street Commercial District regarding permitted and conditional uses. The proposed changes are attached to this memo. Two (2) potential uses were identified by the Commission as needing more research prior to including them as text amendments. The two (2) uses are major auto repair and housing. Major Auto Repair The City Code defines major auto repair as follows: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding and major painting services. The concern with this use is the possibility of generating negative impacts on surrounding properties and public areas. Examples of potential impacts are automobiles under repair in view of the public, inoperable automobiles stored in the parking lot, noise from the operation, etc. After reviewing the City Code, however, there are several provisions that would prohibit such negative impacts. Section 10-3-5 (D) of the City Code regulates noise and other pollution that may be present in such an operation (Section 10-3-5 (D) is attached to this memo). Section 10-6-21 (A)6 requires screening for certain types of unsightly operations, which would include inoperable vehicles and other similar visual impacts. Given the protective provisions that already exist in the Code, it is possible to include major auto repair as a conditional use in the Spruce Street Commercial District without undue concern that such an operation would create a negative environment in the Spruce Street area. Multi-Family Housing Multi -family housing has been discussed as a potential use within the Spruce Street Commercial District. Staff believes that some types of housing may be appropriate in this district under certain circumstances. For example, housing located above retail would be appropriate given the downtown-like atmosphere the City is hoping to achieve in this district. Allowing stand-alone housing, however, would not be consistent with the purpose of the district and is not recommended. According to the City Code, the Spruce Street Commercial District is "...primarily designated for commercial retail sales and services." The following types of housing are proposed: Mixed-Use buildings - shall include office, retail, or commercial uses on at least one (1) floor and residential apartments or condominiums on upper floors. Business/Commercial Flex Zoning District This district is designed to accommodate both short-term and long-term development of business uses as well as potential additional commercial uses. The bulk requirements are flexible to accommodate several types of uses, including smaller retail operations and larger office complexes. The district is consistent with the Business/Commercial Flex designation in the Master Plan (see attached zoning provisions). Mixed Use Zoning District This district is designed to accommodate a mix of vertically integrated uses that would closely simulate the existing downtown. The district would allow smaller lots and provide for buildings to be placed close to adjacent streets. This district is consistent with the mixed-use designation in the Master Plan (see attached zoning provisions). Planning Commission Review The Planning Commission reviewed the requested amendments at their meeting on August 12,2003 and again on September 9,2003. The Commission unanimously recommended approval of the proposed text amendments. ACTION REQUESTED Adopt the attached Ordinance amending the City Code. Respectfully Submitted, q~~ Jim Atkinson Assistant City Planner Farmington City Code 10-3-5 (0) All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this title, the board of adjustment may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant. 1. Fire prevention and fighting equipment acceptable to the board of fire underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on. 2. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. 3. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. 4. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. 5. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. 6. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property. 7. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted. 8. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. 9. Water pollution shall be subject to the standards established by the Minnesota pollution control agency. 10. Applications for conditional uses in the floodplain districts shall be accompanied by reports from the city engineer on the following material as supplied by the applicant: (a) Site plans indicating existing and proposed structures, fill, material storage, floodproofing measures and their relationship to the stream channels. (b) Typical valley cross sections through the site, indicating the elevation of land areas adjoining each side of the channel, landform changes proposed on the site together with high water information. (c) Soils maps, topographic maps at a two foot (2') contour interval, vegetative cover plus the location and elevation of streets, water supply and sanitary facilities. (d) Profile showing the slope of the bottom of the stream channel. (e) Specifications for building construction and materials, floodproofing, filling, dredging, grading channel improvement, material storage, water supply and sanitary facilities. (f) Plans showing the floor protection measures to be taken in accordance with this section. (g) An analysis of the above information by a registered professional engineer which includes the following: (1) An estimate of the peak discharge of the regional flood. (2) The water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas. (3) The effect of the proposed encroachment on the stage and velocity during the regional flood event. 10-6-21 (A)6 Screening: Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public right of way and shall be equally effective in winter and summer. Chainlink and slatted fencing are prohibited. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-5-17 (SPRUCE STREET COMMERCIAL ZONING DISTRICT), RENUMBERING SECTIONS 10-5-18,10-5-19,10-5-20,10-5-21,10-5-22,10-5-23,10-5- 24, AND ADDING A BUSINESS/COMMERCIAL FLEX ZONING DISTRICT AND A MIXED-USE ZONING DISTRICT TO THE FARMINGTON CITY CODE. THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-5-17: (SSC: Spruce Street Commercial Zoning District) of the Farmington City Code is amended as follows (new text is underlined, deleted text is ~): (A)Purpose: The SSC Spruce Street commercial district is primarily designated for commercial retail sales and services. This district is not intended to compete with the businesses in the central business district~ rather. it is intended to provide a location for those businesses that have space needs that are larger thafl can cannot be accommodated in the downtown or would be a disruption to existing development patterns. Development in this district will provide design elements and building and site relationships that emulate traditional mainstreet form to create a walkable pedestrian friendly environment with connections to surrounding areas. The relationship of the Spruce Street commercial district to CSAH 50, future residential development, and the central business district will require a greater sensitivity to design with higher quality standards in order to develop a pleasant, attractive and aesthetically pleasing environment. (B)Bulk And Density Standards: Lot area Lot width Front yard setback 1 acre 100 feet At least 50 percent of the building front shall be within 20 feet of the public right of way or private street edge Side yard setback No requirement Rear yard setback 20 feet Height (maximum) 40 feet All standards are minimum requirements unless noted. (C)Uses: 1. Permitted: Child daycare center, commercial. Commercial recreation. Indoor. Commercial Services Clinic Health clubs. Personal and Professional Services Personal Health and Beauty Restaurants, class I, traditional. Restaurants, class III, with liquor service. Retail sales and services. 2. Conditional: Commercial Recreation. Outdoor Convenience stores, with gas. Grocery stores. Hotels and motels. Mai or Auto Repair (confined to the interior of vrincipaI building) Minor Auto Repair Mixed Use Buildings (shall include office. retail. or commercial uses on at least one (1 ) floor and residential apartments or condominiums on uvper floors). Public Buildings Public utility buildings. Restaurants, class II, fast food, convenience. Theaters. 3. Accessory: Parking lots. 4. Interim: Mineral extraction. (Ord. 002-469,2-19-2002) SECTION 2. The following Sections of the Farmington City Code are amended as follows (new text is underlined, deleted text is stmek:): 10-5-+8 20: BP BUSINESS PARK DISTRICT 10-5--1-9 21: IF INDUSTRIAL PARK DISTRICT I 0-5-~ 22: I-I INDUSTRIAL DISTRICT 10-5-U 23: P/OS PARKS AND OPEN SPACE DISTRICT 1 0-5-~ 24: PLANNED UNIT DEVELOPMENT OVERLAY I 0-5-~ 25: FLOODPLAIN OVERLAY DISTRICT I 0-5-~ 26: AMENDMENTS ADOPTED SECTION 3. Section 10-5-18 is added to the Farmington City Code as follows (new text is underlined, deleted text is stmek): 10-5-18: BUSINESS/COMMERCIAL FLEX DISTRICT (A) Purpose: This district is designed to accommodate both short-term and long-term development of business uses as well as potential additional commercial uses. The bulk requirements are flexible to accommodate several tyoes of uses. including smaller retail operations and larger office complexes. (B) Bulk and Density Standards: Lot Area I acre Lot Width lOO feet Front Yard Setback No Requirement Side Yard Setback No Requirement Rear Yard Setback 20 Feet Hei~ht (maximum) 40 Feet All standards are minimum requirements unless noted (C) Uses: 1. Permitted Health Clubs Hotels Offices Research Laboratories Restaurants. Class I. traditional Restaurants. Class III. with liquor service Warehousing Facilities Child Daycare Facility, commercial Commercial Recreation, Indoor Retail Sales and Services 2. Conditional Dental Laboratories Public Utility Buildings Convenience Store, with gas Grocery Stores Hotels and Motels Restaurants, Class II, fast food, convenience Theaters 3. Accessorv: Parking Lots 4. Interim Mineral Extraction COrd. 002-469,2-19-2002) SECTION 4. Section 10-5-19 is added to the Farmington City Code as follows (new text is underlined, deleted text is stmek): 10-5-19: MIXED-USE DISTRICT CA) Purpose: This district is designed to accommodate a mix of vertically integrated uses that would closely simulate the existing downtown. The district would allow smaller lots and provide for buildings to be placed close to adiacent streets. (B) Bulk and Density Standards: Lot Area No Requirement Lot Width Minimum - 40 feet Maximum - 100 feet Front Yard Setback Maximum - 0 feet Side Yard Setback No Requirement Rear Yard Setback 20 Feet Height (maximum) 40 Feet All standards are minimum requirements unless noted (C) Uses: 1. Permitted Health Clubs Offices Restaurants. Class I. traditional Restaurants. Class III. with liquor service Child Daycare Facilitv. commercial Commercial Recreation. Indoor Retail Sales and Services 2. Conditional Restaurants. Class II. fast food. convenience Theaters Mixed Use Buildings (shall include office. retail. or commercial uses on at least one (1 ) floor and residential aoartments or condominiums on upper floors). 3. Accessory: Parking Lots 4. Interim Mineral Extraction (Ord. 002-469. 2-19-2002) SECTION 5. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2003, by the City Council of the City of CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: Interim City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of ,2003. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. SUMMARY OF AN ORDINANCE AMENDING SECTION 10-5-17 (SPRUCE STREET COMMERCIAL ZONING DISTRICT), RENUMBERING SECTIONS 10-5-18, 10-5-19, 10-5-20, 10-5-21, 10-5-22, 10-5-23, 10-5-24, AND ADDING A BUSINESS/COMMERCIAL FLEX ZONING DISTRICT AND A MIXED-USE ZONING DISTRICT TO THE FARMINGTON CITY CODE. NOTICE IS HEREBY GIVEN that on Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. , the City Council has directed that a title and summary be prepared for publication. , 2003, Ordinance No. _ was adopted by the City NOTICE IS FURTHER GIVEN that the ordinance expands the list of permitted uses within zoning districts designated as Spruce Street Commercial to include: indoor commercial recreation, medical and other health clinics, personal and professional services, personal health and beauty businesses and retail sales and services. The ordinance also expands the list of uses allowed following the issuance of a conditional use permit to include: outdoor commercial recreation, major and minor auto repair businesses, mixed use buildings and public buildings. NOTICE IS FURTHER GIVEN that the ordinance creates a new zoning district designated as Business/Commercial Flex to accommodate several types of uses, including smaller retail operations and larger office complexes, with permitted uses (including health clubs, hotels, offices, research laboratories, restaurants of different types, warehousing, child daycare, indoor commercial recreation and retail sales and services) and conditional uses (including dental laboratories, public utility buildings, convenience stores with gas, grocery stores, hotels and motels, fast food restaurants, and theaters). Parking lots would be allowed as accessory uses and mineral extraction could be authorized by interim use permit in these zones. NOTICE IS FURTHER GIVEN that the ordinance creates a new zoning district designated as Mixed- Use Business/Commercial Flex to accommodate a mix of vertically integrated uses such as commercial establishments at street level and housing on upper floors. Permitted, conditional, accessory and interim uses similar to those allowed in the Business/Commercial Flex zone would be allowed, plus housing A printed copy of the whole ordinance, which becomes effective upon its passage and publication of this summary, is availalable for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Farmington this ,2003. day of CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: Dan Siebenaler Interim City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of ,2003. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /OJ TO: V Mayor, Council Members,. \J.RZ--, Interim City Administrator~ FROM: Jim Atkinson Assistant City Planner SUBJECT: Consider Comprehensive Plan Amendments for Spruce Street Master Plan Area DATE: September 15,2003 INTRODUCTION The City of Farmington is proposing to amend the Comprehensive Plan for the Spruce Street Master Plan area located south of C.S.A.H. 50 and west of Denmark Avenue. The amendments would be consistent with the Master Plan for the area that was approved by the City Council on September 2, 2003. The proposed amendments do NOT, at this time, include the Knutsen property located at the northeast comer of the site. The Comprehensive Plan for the Knutsen property was amended from Business Park to Business (western portion) and Environmentally Sensitive (eastern portion) on February 18,2003. DISCUSSION As shown on the attached Comprehensive Plan map, the subject properties are currently designated Business Park, Medium Density, LowlMedium Density Residential, Low Density Residential, Natural Open Space, and Urban Reserve. As shown on the attached map, the proposed designations would be consistent with the land use plan provided in the Master Plan. ACTION REQUESTED Adopt the attached resolution amending the Comprehensive Plan for the subject properties as described on the attached map. Respectfully Submitted, SZ~n aL- Assistant City Planner '2 ,Q 1ii ... Q) "0 '{ii IIIII1 c c 0 CO r..l ... (L Q) "0 C Q.) ::J > iii Q) CJ) lL. , C 0 Q.) 0 0 ..c N Q.) I- 0.. 0 E 0 LO 0 .- 0 0> 0 0 C 0 ..... -+-J CJ) >< 0 ill 0 LO o o .0 LO UC!sua)X3 "Pl:I qDU)t lOUd l'!lua)Qd z~ RESOLUTION NO. APPROVING COMPREHENSIVE PLAN AMENDMENT SPRUCE STREET MASTER PLAN AREA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 15th day of September, 2003 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Land Use component of the approved Master Plan identifies certain land uses for properties that are inconsistent with the current Comprehensive Plan; and, WHEREAS, the requested amendments described on the attached map are consistent with the Land Use component of the approved Master Plan; and, WHEREAS, the Planning Commission, at a public hearing held on September 9,2003, recommended approval of the Comprehensive Plan amendments; and, WHEREAS, the City Council has reviewed the petition and the Planning Commission recommendation at it's City Council meeting held on September 15,2003 and concurs with said recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the Comprehensive Plan for the subject properties as described on the attached map. Adopted on the day of ,2003 CITY OF FARMINGTON MAYOR INTERIM CITY ADMINISTRATOR Z 0::: 0 I.LJ ~ 0 z V) => I.LJ ~ 0 c: l- V') CIJ 0 z E z 0 "0 U c: CIJ E <t c: ro - a.. CIJ > 'r- V) c: CIJ .t::. CIJ 0 L- a. In E J: 0 <( u Vl VI "0 u VI Q) CIJ C III 'Vi 0 :::l a. co 0 L- a.. ~ >-!:j ~;~ c onVlQ) .- C -0 :::c Q) .- o ~ 0::: z~ ..., Q) ~ o o -0 o o ,.., o o o ,.., ~ E >-!:j :::l ~ C VI Q) :Cc-o Q) Q) .- ~o~ 0::: ~ >-!:j .~ c VI Q) c-o Q) .- o ~ 0::: >-- ..... tl3 e(i; .Z C C Q) Q) 0-0 ~ 'Vi onQ) :CO::: lOA City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, i~ Interim City Administrator <7. Jim Atkinson Assistant City Planner TO: SUBJECT: Adopt Ordinance - Zoning Map Amendments for Spruce Street Master Plan Area DATE: September 15, 2003 INTRODUCTION The City of Farmington is proposing to rezone certain properties in the Spruce Street Master Plan Area located south of C.S.A.H. 50 and west of Denmark Avenue. The rezoning would be consistent with the Master Plan for the area that was approved by the City Council on September 2, 2003. The proposed rezoning does NOT, at this time, include the Knutsen property located at the northeast comer of the site. The Knutsen property was rezoned from Business Park to Spruce Street Commercial (western portion) and Parks/Open Space (eastern portion) on February 18,2003. A small portion (4.8 acres) of the Knutsen property is identified in the Master Plan as a "Mixed-Use" area. Certain types of mixed uses could be accommodated under the existing Spruce Street Commercial District, which might eliminate any need to rezone a portion of the Knutsen property to the newly created Mixed-Use District. A final staff recommendation regarding the need (or lack thereof) to rezone any property to the Mixed-Use District will be made after some specific information is obtained regarding the property owners' development plans. DISCUSSION As shown on the attached zoning map, the subject properties are currently zoned Business Park, Agriculture, Single-Family Residential, LowlMedium Residential, and Medium Density Residential. The residential districts are generally located south of the Vermillion River and the Business designation is located north of the river. The proposed zoning would keep this pattern intact, with the majority of residential zoning located to the south of the river. The intensity of residential uses would increase, introducing High Density Residential to the area and eliminating Single-Family Residential and LowlMedium Residential. ACTION REQUESTED Adopt the attached ordinance rezoning the subject properties as described on the attached map. Respectfully Submitted, q--- ~ Jim Atkinson Assistant City Planner s= c- .2 ~ Q) "0 '0:; II c: 0 u Q) "0 c: :::l ~tii E:;:: ro c: u.. aJ Q5 aJ:2 Q) - I/) U. OlaJ 0') .~ 0:: 0 C en 0 0 C C\l 0 N 0 0') 0 l() C .... -+-' CJ) 0 X 0 0 W .... 0 0 l() 0 0 0 l() ~~ 6 ~ c:: ~ < C Vi ~, ,0<; i.IJ \OJ Z..J ~ 0 i::<: ;.:l< tn< u ~ < ;:;:: Clb Zt: :..J ....... <rJ VJ ....Z :.LIZ i::<: ~ :J g;rJ O~ S 0 .....0 -0 ~ ~?J ~ ClVi C3v; .<<; X S;u ::ul 0 ~.....:J .... ..... ~i::<: :..J ~~ ..... Cl ~ ~ ~ 5 " ~ z ~ :;! &; ~ ::i ~ i.IJ I I I III v t.L: .....l c: 0 i::<: 0 m ~ =: <: < E:: ~ e+ 0 0 \ .. ~ "' '" 3JlNHA V )ruVWNIIG [ - ""- ~ ~ ~ .- ... " > ct. " o .... .... .~ e ~ "'! o Lr1 Q -< o p::: ~ Z :.::J o U ~ o M tl .. >D ...: II GRGN'tUXR avOlI HO!\.T)l ~orIId ] ~-~ ;-e jh liS ~ ~,.Il .. !'.I ~ * ~ ~h; .~ ~ .. liB .s o CIl CIJ s:: s:: ~ d' o bo s:: .~ i:l.. a 0:: ~ ~~ -~ ~~ ...- o CIJ CI:I ~ ::JU5 "'dCIJ dU d2 ~~ N , "l- t.) ~ c... c: ~ 0: '- I.J '-' <J) ~ ~ ~ I.J '- <:r: 8 ~ '6l; I.J .5 b E (f) ;; I.J u.. u~ :::l C '- '" c.. .::: C/lU on c .- c o N (J) (]) en o 0. o l- e.. Z 0:::0 ~~ ZIJ.J :::::l0 1-- o~ Zo U o Ll"'l :c ~ VI U ~ >.:::; .... c -@,'Vi Q) .- c ""0 ::c Q) 'Vi o Q) 0::: Q)~ Q) .- L- U .... L- V') Q) Q) E U E ::J 0 aU V') Q) III :::::l I "'0 >< ~ ~ ...... .- ~ ~ >< Q)Q)~ .5 E ~ ~ E CCl 0 U z~ .... Q) ~ o ~ o o M o ~ E >.:::; .... c .~ 'Vi Q) ""Oc""O Q) Q) 'Vi ::Eo~ o o M ~ E >-:::; .... c ::J .- Q) .- III ""0 ""0 ~ ._ Q) 0 III ::E ~ >.- .... n:l -Vi :p c c Q) Q) 0"'0 .r:. 'Vi onQ) ,- 0::: ::c CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FARMINGTON FOR PROPERTIES LOCATED WITHIN THE SPRUCE STREET MASTER PLAN AREA FROM BUSINESS PARK, AGRICULTURE, AND SINGLE F AMIL Y RESIDENTIAL TO BUSINESS/COMMERCIAL FLEX, MIXED USE, MEDIUM DENSITY RESIDENTIAL, AND IDGH-DENSITY RESIDENTIAL. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS: SECTION 1. The Official Zoning Map of the City of Farmington is amended for the properties within the Spruce Street Master Plan Area as described on the attached map. SECTION 2. Effective Date. This Ordinance shall be effective upon its passage and publication according to law. Adopted on the day of the City of Farmington. , 2003, by the City Council of CITY OF FARMINGTON Mayor ATTEST: Interim City Administrator Approved as to form the _ day of ,2003. City Attorney SEAL Published in the Farmington Independent the day of ,2003 10,' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, if; Interim City AdministratOl)p" Kevin Carroll, Community Development Director TO: SUBJECT: Review SeedlGenstar AUAR DATE: September 15,2003 INTRODUCTION A draft of the AUAR [Alternative Urban Areawide Review] for the SeedlGenstar property is now ready for preliminary review and comment by the City Council. DISCUSSION The area that is locally referred to as the SeedlGenstar property encompasses approximately 1006 acres west of Highway 3 and east of the current boundaries of the City of Farmington. The property, which is owned by the Seed Family Trust, is the subject of an orderly annexation agreement between Farmington and Empire Township that was approved by the State of Minnesota's Municipal Board in May of 1999. Sherri Buss of Bonestroo, Rosene, Anderlik & Associates has coordinated the consulting work that was required for the preparation of the draft AUAR. She will be in attendance at the City Council meeting on Monday night to give you an overview of the AUAR's contents and to answer any questions that you may have. The Planning Commission reviewed the AUAR at its meeting on September 9t\ at which time the Commission unanimously recommended that the City Council (a) authorize the distribution of the AUAR to the reviewing agencies and other interested parties, and (b) authorize the publication for the required notice in the EQB [Environmental Quality Board] Monitor. After the AUAR has been distributed and the aforementioned notice has been published, the reviewing agencies and other interested parties will then have 30 days to comment on the AUAR. If all goes as planned, the AUAR could be finalized and adopted by the City Council by the end of the year. I have attached a copy of the timetable for the remainder ofthe AUAR process. ACTION REQUESTED 1. Review draft of AUAR [Alternative Urban Areawide Review]. 2. Ask questions (if any) andlor seek clarifications (if needed). 3. Adopt motion authorizing the distribution of the AUAR and authorizing the publication for the required notice in the EQB [Environmental Quality Board] Monitor. Kevin Carroll Community Development Director Farmington Seed/Genstar Revised Schedule July, 2003 AUAR Publication. Reviews and Adoption Sept. 9 Planning Commission reviews Draft AUAR Sept. 15 City Council approves Draft AUAR for mailing Sept. 17 AUAR mailed - 30 day comment period begins on Sept. 18 Oct. 17 30-day comment period ends Oct. 20-31 Prepare responses to comments and review with City Staff and Developer Nov. 17 Review AUAR comments and Final AUAR with City Council Nov. 19 Mail Final AUAR Dec. 5 1 O-day objection period ends Dec. 15 Council adopts final AUAR /C!J' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Council Members, \~/ Interim City Administrato{.~ FROM: Jim Atkinson Assistant City Planner SUBJECT: Meadow Creek 4th Addition Final Plat DATE: September 15, 2003 INTRODUCTION Warren Israelson of Progress Land Company proposes to plat 126 single-family residential lots in the fourth phase of Meadow Creek. The proposed subdivision is located east of Prairie Creek and north of Autumn Glen in the northeast corner of the City of Farmington. The City Council approved the preliminary plat on July 21, 2003. Plannin2 Division Review Applicants: Warren Israelson Progress Land Company 6001 Egan Drive, Suite 100 Savage, MN 55378 952-226-3200 Attachments: Final Plat Location of Property: Located in the northeastern portion of the City of Farmington. Area Bounded By: Single-family residential to the west, proposed single-family residential to the north, open space to the east and single-family residential to the south. Existing Zoning: R-l - Single-Family Residential Surrounding Zoning: R-l Single-Family Residential to the north and south, R-l PUD to the west and Empire Township to the east. Existing Conditions: The property consists of vacant farmland and includes a man- made waterway that is utilized as an outlet for Lake Julia and runs southeasterly along the southern boundary of the Fourth Addition. Lot Coverage and Sizes: The maximum lot coverage for an R-l single-family zone is 30%. The minimum lot size for the development is 10,000 sq. ft. The minimum lot width is 75 feet measured at the front yard setback. Topography: The property is relatively flat. DISCUSSION The applicant proposes to plat 126 single-family lots in the fourth phase of Meadow Creek. The City Council approved the preliminary plat on July 21,2003. Since that time, the plat has been modified to include an additional 3 lots that were originally platted as one (1) outlot in the 3rd addition of Meadow Creek. The individual lots were not platted in the 3rd addition due to the uncertainty of the design of the Lake Julia waterway. Now that the design of the waterway has been clarified, the additional 3 lots may be platted. These 3 lots would be treated similarly to lots 1-5 of block 1 in the 3rd addition in that no building permits would be issued until construction of the waterway is complete. Planning Commission Review The Planning Commission reviewed the final plat on September 9, 2003 and unanimously recommended approval. ACTION REQUESTED Consider the attached resolution approving the Meadow Creek 4th Addition Final Plat contingent on the following: 1. No building permits shall be issued for Lots 1-3 of Block 7 until construction of the waterway is complete. 2. An easement (20 feet wide) shall be provided between Lots 9 and 10 of Block 5 and between Lots 31 and 32 of Block 5 to provide trail access. 3. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 4. Any engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be granted Respectfully submitted, q'^- ()l~ Jim Atkinson Assistant City Planner RESOLUTION NO. APPROVING AND AUTHORIZING SIGNING OF FINAL PLAT MEADOW CREEK 4th 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 of said City on the 15th day of September, 2003 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Meadow Creek 4th Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 8th day of July, 2003, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS; the City Council reviewed the final plat on September 15th, 2003; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. No building permits shall be issued for Lots 1-3 of Block 7 until construction of the Lake Julia Waterway is complete. 2. An easement (20 feet wide) shall be provided between Lots 9 and 10 of Block 5 and between Lots 31 and 32 of Block 5 to provide trail access. 3. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 4. Any engineering issues be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of September, 2003. Mayor Attested to the day of ,2003. City Administrator 0 .E . ,. ~ CIl iiii 1 ~ 1 ui Qi Q) " t-~ ..<: " ~ j l " .... <II iH! <~ " 0 .~ " f ~- ... '0 N ii I ::5 4 1 0 c; I~ti ~ en " en ~ z Q ~ <( Q ~-..Vl ~. .. . ~ " .. ;; .< . ~l :11 ~ I!~ l i 'tl " g i . ~ c: ..<: I 0 I I 0 <II , I:c ! " ~ l ~ ,; J '- ~ s Q) ": ] ! '. 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';.I"*!t~r,r./' .~ jo>..,Q.i'jo-~ /Ok City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: May~r, C~uncil ~e~bers,.W Intenm CIty AdmInIstrator Y FROM: Kevin Carroll, Community Development Director SUBJECT: Discussion of Possible Zoning Code Text Amendments Regarding the Keeping of Farm Animals Within the City DATE: September 15,2003 INTRODUCTION The Planning Commission has indicated to City staff how the Commission would prefer to handle a matter involving the minimum distance or spacing between outdoor [farm] animal enclosures and nearby residential homes. The Commission and staff would like to get the City Council's input on the recommended approach before time is devoted to the drafting of an ordinance and the scheduling of the required public hearing. DISCUSSION Earlier this year, City staff sent a violation letter to a resident who had acquired two pygmy goats. The violation in question was not the mere possession of the goats; rather, the violation related to the fact that the outdoor enclosure for the goats was approximately 130 feet away from the home of the nearest neighbor. The City Code currently requires there to be 500 feet of separation between an outdoor [farm] animal enclosure and the home of the nearest neighbor. The owner of the goats appealed the violation letter to the Planning Commission. The appellant and the Planning Commission jointly agreed to table the appeal for 90 days to enable staff to conduct additional research and explore alternative methods of resolving the issue. City staff then reviewed relevant provisions in the City Codes of a number of different cities. Some cities do not have any provisions that regulate or specify the minimum distance that must be maintained between homes and animal enclosures. Ofthose that do, Lakeville and Cottage Grove have Code provisions (see attached) that are fairly typical. Cities that regulate outdoor animal enclosures (for animals other than house pets) seem to do so in one (or more) of three ways: 1. They specify a minimum lot size for the keeping offarm animals (which is generally defined to include goats). For example, Cottage Grove requires 1.5 acres of land per "animal unit," and Lakeville requires at least 2.5 acres for anyone who wants to keep horses. 2. They specify a minimum distance between animal enclosures and properly lines [60 feet in Cottage Grove] and/or the homes of nearby neighbors [300 feet in Cottage Grove and 100 feet in Lakeville]. 3. They prohibit the keeping offarm animals on "non-farm" properties unless an interim use permit is issued [as in Lakeville]. Minimum Lot Size. The Farmington City Code does not specify a minimum lot size for the keeping of farm animals. As a result, property owners in any residential neighborhood can currently keep farm animals on their property as long as they are able to meet the existin~ 500 foot spacing requirement between animal pens and nearby homes. At its meeting on September 9t , and in the interest of reducing the presence of farm animals in residential neighborhoods to the greatest extent possible, the Planning Commission recommended that the City adopt a minimum lot size of 1.5 acres. Such a requirement would make the vast majority of residential lots ineligible for the keeping of farm animals. If the Council adopts such a recommendation, any residential property owner who has a lot that is smaller than the new minimum lot size AND who is currently keeping farm animals on that lot would have a legal non- conforming use after the adoption of the new requirements. In other words, the current use would be "grandfathered" because the farm animals were already being kept when the new ordinance went into effect. However, the non-conforming use could not be expanded, which staff would interpret to mean that no new farm animals could ever be brought onto the property. If an existing animal died or was removed from the property for any reason, it could not be replaced with another farm animal. If an existing animal produced offspring, the offspring would have to be immediately removed from the property. In time, there would no longer be any farm animals on the property, so the initial non-conformance would eventually be eliminated. Distance Reauirement. Farmington's 500 foot spacing requirement between animal pens and nearby homes is significantly in excess of the minimum spacing that is required in Lakeville, Cottage Grove and other communities. This may be due, in part, to Farmington's lack of a minimum lot size requirement. In addition to recommending a new minimum lot size of 1.5 acres, the Planning Commission also recommended that the City adopt a new distance requirement of 100 feet, which would be consistent with the City of Lakeville's minimum distance. RECOMMENDED ACTION For discussion only. However, if the City Council indicates that it generally supports the approach that has been suggested by staff and approved by the Planning Commission, staffwill then proceed to (a) draft a proposed Ordinance to effectuate the suggested Code revisions and (b) schedule a public hearing to consider the proposed Ordinance at the Planning Commission's next meeting on October 14th. To review: the proposed Ordinance would (a) incorporate a 1.5-acre minimum lot size for the keeping of farm animals and (b) specify a minimum distance of 100 feet between any outdoor [farm] animal enclosure and any residential dwelling not located on the same property as the enclosure. K arroll Community Development Director LAKEVILLE ANIMAL KENNEL: Any place where three (3) or more domestic animals of one type, over six (6) months of age, are commercially kept, sold, boarded, bred, or exhibited, except hospitals, clinics, and other premises operated by a licensed veterinarian exclusively for the care and treatment of animals. ANIMALS: A. Farm Animals: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the State of Minnesota. B. House Pets: Animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside of the principal structure), and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a building permit, excluding wild or domesticated wild animals. 11-35-3: KEEPING ANIMALS: The following animals may be kept in the City: A. The keeping of house pets is a permitted accessory use in all zoning districts. B. The keeping of horses is a permitted accessory use in all zoning districts provided: 1. The minimum lot size is two and one-half (2 1/2) acres. 2. The number of horses does not exceed qne per acre unless a higher number is granted by the issuance of a conditional use permit. C. The keeping of farm animals is an allowed activity on all farm property. Farm animals may not be confined in a pen, feedlot or building within one hundred feet (100') of any residential dwelling not owned or leased by the farmer. . D. With the exception of the keeping of animals allowed by subsections A, B, and C of this Section, no other animals are allowed except by interim use permit as regulated under the provisions of Chapter 5 of this Title. . E. Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. F. Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. G. Animal enclosures shall be subject to the accessory structure requirements of subsection 11-18-7E of this Title. (Ord. 674, sec. 1, 7-17-2000) Cottage Grove FARM ANIMALS: Horses, cows, sheep, bees, pigs, chickens, ducks and other commonly known animals normally associated with farms, but excluding customary household pets. 11-3-7: FARMING OPERATIONS IN RESIDENTIAL DISTRICTS: Agriculture is a permitted use in all residential districts, subject to the following: A. Sales Of Agricultural Products: Limited sales of products produced on the owner's property may be conducted on the premises from a roadside stand by conditional use permit. Such stand shall not exceed twelve feet (12') in height or five hundred (500) square feet in floor area, and no portion of any such stand shall be located or erected nearer than forty feet (40') to any street line. B. Farm Animals: 1. Parcels Less Than Forty Acres: The keeping of any farm animal on parcels of less than forty (40) acres in size shall be permitted, subject to the following conditions: a. The property must contain at least five (5) acres in contiguous ownership or leasehold. b. The property must contain at least one and one-half (1 1/2) acres of land per animal unit. This number may be exceeded only by conditional use permit. c. All buildings intended to house animals shall be set back at least sixty feet (60') from all property lines and at least three hundred feet (300') from a dwelling other than the dwelling on the property in question. d. All pens, yards or other confinement areas, excluding pastures, where an"imals are kept shall be set back at least sixty feet (60') from all property lines. e. The Minnesota Pollution Control Agency does not require that a feedlot permit be issued. 2. Parcels Larger Than Forty Acres: The keeping of farm animals on parcels larger than forty (40) acres in size is permitted, subject to the following conditions: a. All buildings intended to house animals shall be set back at least sixty feet (60') from all property lines and at least three hundred feet (300') from a dwelling other than the dwelling on the property in question. b. All pens, yards or other confinement areas, excluding pastures, where animals are kept shall be set back at least sixty feet (60') from all property lines. c. The Minnesota Pollution Control Agency does not require that a feedlot permit be issued. (1971 Code ~ 28-26; amd. 2000 Code) IICL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us FROM: Mayor, Councilmembers, Interim City Administrator ~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Appoint Council Liaison - Water System Vulnerability Assessment DATE: September 15, 2003 INTRODUCTION The D.S Environmental Protection Agency requires the City of Farmington to perform a Vulnerability Assessment of the water system. This assessment is required to be completed by June of 2004. DISCUSSION The Water Board is ready to commence with the Vulnerability Assessment. The Water Board feels that it would be desirable to have a City Council liaison for the project. The liaison would offer input from a Council perspective and report back to the Council regarding the project process, status and outcomes. The Water Board will have a project kick-off workshop on September 22, at 5:00 p.m. BUDGET IMPACT None. ACTION REQUESTED Appoint a Council member to be the liaison to the Vulnerability Assessment Project. Respectfully Submitted, ~/Vt~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file