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Home My WebLink About07.21.03 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 July 21, 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 I. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Mr. Dave Pritzlaff 7. CONSENT AGENDA a) Approve Council Minutes (7/7/03 Regular) b) School and Conference - Human Resources c) School and Conference - Finance d) School and Conference - Public Works e) Capital Outlay - Information Technology f) Capital Outlay - Fire Department g) Approve Amendment Dakota County Mutual Aid Fire Services Agreement - Fire Department h) Approve Sidewalk Replacement Contract - Engineering i) Approve Traffic Control- Fairview Lane - Engineering j) Public Works Position Clarification - Human Resources k) Approve Bills I) Authorize RFP's for Executive Search Firm - Administration (Supplemental) 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Quarterly Customer Service Response Report - Administration b) June 2003 Financial Report - Finance c) Set Date Council Workshop - Project Updates - Administration Action Taken InformationR~ceived Appr()ved InformatiQn.Received. In/ormati()nReceived Information. Received . Information Rec~iv~d In/ormation R~ceive4 Approved. Approved Approved. Information ReCeived Approved Authorized Information R~ceived Information Rec~ived July28, 2003 d) Approve Request to Make Improvements to the Rambling River Center - Parks and Recreation e) Ash Street Project Update - Engineering f) Adopt Resolution - Farmington Lutheran Church Development Contract - Engineering g) Adopt Resolution - Riverside West Development Contract - Engineering h) Adopt Resolution - Meadow Creek 4th Addition Preliminary Plat - Community Development i) Discuss Ordinance Amendment Request for Commercial Vehicles and Paper Boxes - Community Development j) Request for Extension of Time - Riverbend Preliminary Plat - Community Development 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved Information Received R46-03 R47-0J R48-03 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 July 21, 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 ~. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Mr. Dave Pritzlaff 7. CONSENT AGENDA a) Approve Council Minutes (7/7/03 Regular) b) School and Conference - Human Resources c) School and Conference - Finance d) School and Conference - Public Works e) Capital Outlay - Information Technology f) Capital Outlay - Fire Department g) Approve Amendment Dakota County Mutual Aid Fire Services Agreement - Fire Department h) Approve Sidewalk Replacement Contract - Engineering i) Approve Traffic Control- Fairview Lane - Engineering j) Public Works Position Clarification - Human Resources k) Approve Bills I) Authorize RFP's for Executive Search Firm - Administration (Supplemental) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT _ O. PETITIONS, REQUESTS AND COMMUNICATIONS a) Quarterly Customer Service Response Report - Administration b) June 2003 Financial Report - Finance c) Set Date Council Workshop - Project Updates - Administration Action Taken Page 1 Pa~es 2-13 Page 14 Page 15 Page 16 Page 17 Pages 18-30 Pages 31-40 Pages 41-42 Pages 43..45 Pa~es 46-47 Page 48 Pages 49-50 Pages 51-52 Page 53 d) Approve Request to Make Improvements to the Rambling River Center - Parks and Recreation e) Ash Street Project Update - Engineering f) Adopt Resolution - Farmington Lutheran Church Development Contract - Engineering g) Adopt Resolution - Riverside West Development Contract - Engineering h) Adopt Resolution - Meadow Creek 4th Addition Preliminary Plat - Community Development i) Discuss Ordinance Amendment Request for Commercial Vehicles and Paper Boxes - Community Development j) Request for Extension of Time - Riverbend Preliminary Plat - Community Development 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Pages 54-60 Pages 61-73 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fal.Jlli~on.m~.us TO: Mayor & Councilmembers FROM: Daniel M. Siebenaler, Interim City Administrator SUBJECT: Supplemental Agenda DATE: July 21,2003 It is requested that the July 21,2003 agenda be amended as follows: CONSENT AGENDA 7 I) Authorization of RFP for Executive Search Firm - Administration Authorize staff to prepare and disseminate a Request for Proposals to retain an executive search firm for the recruitment of a City Administrator. 10 h) Resolution for ,Meadow Creek 4th Addition Preliminary Plat - Community Development Attached is the resolution which was inadvertently omitted from the Council packets. Respectfully submitted, /1. 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 Administrator SUBJECT: Authorization ofRFP for Executive Search Firm DATE: July 21,2003 INTRODUCTION / DISCUSSION During its workshop on July 16, 2003 the City Council reached a consensus that it preferred to use an Executive Search Firm in the recruitment of a City Administrator. Staff is prepared to begin the RFP process to locate and retain such a firm. BIDGETIMPACT There is no budget impact in the issuance of an RFP. A budget adjustment will be necessary in order to enter into a contract with a firm in the future. ACTION REQUESTED Authorize staff to prepare and disseminate a Request for Proposals (RFP) for the purpose of retaining an Executive Search Firm in the recruitment of a new City Administrator. Respectfully submitted, Darnel M. Siebenaler Interim City Administrator /O~ RESOLUTION NO. APPROVING PRELIMINARY 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 21st day of July, 2003 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the preliminary plat of Meadow Creek 4th Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 8th day of July, 2003 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the preliminary plat at its meeting held on the 8th day of July, 2003; and WHEREAS, the City Council reviewed the preliminary plat on July 21,2003; 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 preliminary plat be approved with the following conditions: 1. The applicant shall comply with recommendations submitted by the Minnesota DNR and Dakota County Soil and Water Conservation District (see attached letters). 2. The applicant shall provide trails in accordance with the attached letter from Randy Distad, Parks and Recreation Director as modified. 3. Easements shall be provided to access Outlots A and B. 4. A Development Contract between the Developer and the City of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21st day of July, 2003. Gerald Ristow, Mayor Attested to the _ day of 2003 City Administrator Mr. Dave Pritzlaff 20255 Akin Road Farmington MN 55024 Thursday, July 17,2003 Dear Mr Pritzlaff, I am not aware of any such "Hit List" against City of Farmington employees. Sincerely, Lacelle "Pete" Cordes 0Cl- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us July 14, 2003 Mr. Dave Pritzlaff 20255 Akin Road Farmington, MN 55024 RE: Question from July 7, 2003 City Council Meeting Dear Mr. Pritzlaff; I am writing in response to your question regarding a "list". I am not aware of any "list". So consequently, the answer to part two of your question is zero. ;n~(]~ Mayor Ristow Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past andfoster a promising future. 7~ COUNCIL MINUTES REGULAR July 7, 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, Cordes, Fogarty, Soderberg Fitch Joel Jamnik, City Attorney; Dan Siebenaler, Interim City Administrator/Police 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; Cynthia Muller, Executive Assistant Randy Pedersen, David Pritzlaff, Jeff Krueger, Paul Hardt, Randy Oswald 4. APPROVE AGENDA Councilmember Cordes pulled the June 23, 2003 Special Minutes to abstain from voting. Councilmember Soderberg pulled the June 16, 2003 Regular Minutes to make a clarification. MOTION by Fogarty, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Marilyn Speiker Marilyn Speiker retired from the position of Custodian effective August 17,2003. She was acknowledged for 27 years of service. b) Distinguished Budget Presentation Award The city has received the Distinguished Budget Presentation Award for the last SIX years. 6. CITIZEN COMMENTS a) Mr. Paul Hardt Mr. Paul Hardt, 1117 Bristol Lane, stated one ofthe best leadership mottos he ever heard was "Praise in public, reprimand in private." He has been volunteering for 40 years for various community projects. He wanted to compliment the staff Council Minutes (Regular) July 7,2003 Page 2 and in particular Community Development Director Kevin Carroll. As a member of the Housing and Redevelopment Authority, Mr. Hardt has seen first hand Community Development Director Carroll's professionalism and creativity. His presentations are clear, balanced, and help the HRA to do their job fairly and efficiently. He also complimented City Attorney Joel Jamnik, and Attorney Andrea Poehler for offering sound advice and clear thinking. Mr. Hardt stated it is a pleasure serving on the HRA with support like this. Mr. Dave Pritzlaff, 20255 Akin Road, asked Mayor Ristow and Councilmember Cordes to respond back to him in writing by the July 21,2003 Council Meeting ifthere are any additional people on their agenda and who the next person will be they will terminate and if there is such a list. His next question was for Councilmember Fitch stating knowing he would be on the Council for approximately 20 months, why would he agree to be appointed and to be part of ruining someone's professional and personal life? Mr. Pritzlaff stated it does not seem to him that someone should come in and be able to take in facts within such a short amount oftime and be able to ruin someone's life. According to Mr. Pritzlaff, Councilmember Fitch has stated previously he did not want politics and does not like it. Mr. Pritzlaff does not feel it was appropriate for Councilmember Fitch to step in just to be part of getting rid of someone. He would like Councilmember Fitch to also respond in writing before the July 21,2003 Council Meeting. 7. CONSENT AGENDA Councilmember Soderberg wanted to make a clarification on the June 16,2003 Council Minutes on page 4, the minutes should read "Our fire department receives a training beyond the scope of ALF Ambulance's ability." Councilmember Fogarty thanked Executive Assistant Muller for completing the July 3, 2003 Special Council Minutes over the holiday weekend. MOTION by Soderberg, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (6/16/03 Regular) (7/3/03 Special) b) Received Information Parks and Recreation Commission Minutes - Parks and Recreation c) Approved School and Conference - Parks and Recreation d) Approved School and Conference - Parks and Recreation e) Approved Park Name for Tamarack Ridge - Parks and Recreation f) Received Information Capital Outlay - Fire Department g) Approved Deduct Change Order - Main Street Project - Engineering h) Approved DNR License - Main Street Project - Engineering i) Approved Bills APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty to approve the June 23, 2003 Special Council Minutes. Voting for: Ristow, Fogarty, Soderberg. Abstain: Cordes. MOTION CARRIED. 8. PUBLIC HEARINGS Council Minutes (Regular) July 7,2003 Page 3 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Dahlco Vending Agreement - Parks and Recreation Staff requested Council approve a Vending Agreement with Dah1co Music and Vending. Proposals were received from Coke, Pepsi, and Dahlco. Dahlco could provide the best proposal and can sell both Coke and Pepsi products. There is a clause in the agreement where ifDahlco misses a payment it is an automatic out for the city. There is also a clause for Dah1co to provide state of the art vending and an item regarding service of the machines. MOTION by Cordes, second by Soderberg to approve the following: - The five-year exclusive beverage vending agreement with Dahlco. - Approve the purchase and installation of a new scoreboard at the ice arena and pay these costs from the proceeds received from Dahlco. - Approve the remaining proceeds, after the scoreboard has been paid off, be directed to the Park Improvement Fund. APIF, MOTION CARRIED. b) Approve Parks and Recreation Facilities Task Force Consultant - Parks and Recreation Staff requested Council approve hiring Ingraham and Associates to work with the Recreational Facilities Task Force to develop a written report in regards to recreational facilities in the city. Several firms were reviewed and Ingraham and Associates provided the best proposal. MOTION by Fogarty, second by Cordes to approve the hiring of Ingraham and Associates to work with the Recreational Facilities Task Force. APIF, MOTION CARRIED. c) Adopt Resolution - Preliminary and Final Plat Lot 1, Industrial Park 2nd Addition - Community Development The parcel is 9.37 acres and is the only remaining HRA-owned parcel in the Industrial Park. There is a pipeline easement running through the lot at an angle. This has made the lot difficult to sell. Staff recommended dividing the parcel into three lots, using the pipeline easement as the border for the lots, as has been done previously. At an April 30, 2003 joint Council/Planning CommissionIHRA meeting, staff received consent to have the property surveyed. The Planning Commission has recommended approval of the plat. There is a future road that would run north and south along the eastern boundary oflot 3. For now access to this lot would be from 20gth Street. Lot sizes are 2.5 to 3 acres. There has been significant amount of interest in lots of this size. Councilmember Cordes stated she is not opposed to the splitting of the parcel. She asked if it would make sense to keep the options open if someone were to look for a bigger area to start development at one end as opposed to the middle? Council Minutes (Regular) July 7,2003 Page 4 She asked if the daycare could be located in lot 3, and keep lots 1 and 2 open if someone were looking for a bigger area? Staff replied Ms. Karrmann liked the access off 20Sth Street. Staff had discussed lot 1 with Ms. Karrmann, but it is a more regular shaped lot which would be more suitable for a more conventional industrial type business. Therefore, staff recommended lot 2 for the daycare. It is an irregular shaped lot, but would be suitable for daycare use. It is anticipated lot 3 would be sold to someone who does not mind being off 20Sth Street and is not concerned about not having access to the east. Staff feels lots 1 and 2 will be sold first, and lot 3 would be sold later. Councilmember Cordes stated with the splitting of these lots, will the lots be open to the public, and would those proposals be considered? Staff replied yes, they are looking at some now. A purchase agreement has been brought in for lot 1, which technically does not exist until Council approval. There has been ongoing contact with Ms. Karrmann for lot 2. The HRA has entered into an agreement to work with them exclusively with the possible acquisition oflot 2. This was a 60 day agreement. If a deal is not reached within that time the HRA would have the option of extending it or negotiating with other parties. Councilmember Cordes asked ifthat would constitute a formal agreement for a lot that does not exist? Staff stated it is an agreement to talk with them exclusively about that area. The conceptual plan has existed for a couple months. Staff has been talking with Ms. Karrmann about the area shown as lot 2 and also talking with other parties about the area shown as lot 1. All these discussions are tentative and hinge on Council action. Nothing has been finalized with anyone. If Council approves the plat, the plat will be signed, taken to the county for filing and at some point, the HRA will have the legal authority to talk with parties about buying these lots. Attorney Jamnik stated the HRA can move forward contingent on the filing. Mayor Ristow asked if someone wanted to buy all three lots, is that an option? Are we looking to have different types of businesses? Attorney Jamnik stated at least until the HRA agreement with Ms. Karrmann expired, the BRA would not have the authority to offer all three lots. If that deal fell through, the HRA would own all three lots and can market them individually or collectively. If the plat is approved, and the HRA starts entertaining offers for individual lots, the HRA will deal with that however they want. The HRA was of the opinion that offers have not been received for the entire area and the best chance for selling all the lots would be to do the lot split. Councilmember Soderberg stated the HRA entered into an exclusive agreement in the anticipation that a lot split would not be problematic. They also entered into an exclusive agreement with Vinge Tile and Stone in the anticipation of a development agreement with the two lots along Hwy 50. This is an agreement between the HRA and the proposed developers to deal with them on an exclusive basis so they do not put a lot of time and effort into a project that could be bought out from under them at the last minute. Council Minutes (Regular) July 7,2003 Page 5 Mayor Ristow asked if 208th Street will be a collector if connected and would there be a problem with the intersection to the north and the entrances? City Engineer Mann replied the Traffic Engineer has looked at the lots and the location of the future north-south route that would connect with 208th Street. The issue has been resolved in his mind, as staff will be moving that road as far to the east as possible. He does not have any issues with the layout of the lots. Mayor Ristow asked if the 600 ft. setback from the intersection would be required? City Engineer Mann replied the physical proximity of the creek and other issues make the 600 ft setback difficult if not impossible. The Traffic Engineer felt it was adequate based on the circumstances. Councilmember Soderberg stated at the Planning Commission it was discussed that any access from 208th Street would be temporary and any purch~ser would be made aware of that in advance. Once the north-south road is attached, their entrance would come from the east. Councilmember Fogarty asked if the HRA was prepared to approve a variance on the 100 ft front until the north-south road is created? Staff replied typically 150 ft is required, and the HRA did grant a variance for 100 ft. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R43-03 approving the preliminary and final plat for the replat of Lot 2 Block 1 of the Farmington Industrial Park Phase II addition. APIF, MOTION CARRIED. d) Proposed Resolution in Support of Metropolitan Council Livable Communities Act Demonstration Account - Community Development Staff received a $40,000 opportunity grant from the Met Council to be used for development of the Spruce Street Corridor. On July 16,2003 there will be ajoint City Council/Planning Commission/Spruce Street Corridor Area Task Force meeting to discuss a preliminary draft of a master plan for development ofthe area. Spruce Street will be extended from the T intersection at Denmark, across the river, to a future connection with Pilot Knob Road. The developers are asking when Spruce Street will be extended, etc. Staffhas reviewed the Met Council's Demonstration Grant Program. One ofthe purposes for the opportunity grant is to help cities develop Master Plans that can then be developed in the future. Staff has compiled a grant application and obtained cost estimates. A grant has been requested in the amount of $1 ,597,000. The grant was submitted the end of June and is currently being reviewed. A resolution is required to show there is Council approval for the grant application. The final decision whether or not the grant will be issued will be made December 10, 2003. The money will be used for the cost of extending Spruce Street to the river, building a bridge over the river, and then extending Spruce Street into the heart of the development area to connect to a north-south road which would connect with Hwy 50 to the north. The Met Council has received 36 applications totaling $48 million and there is $8 million available to award. The average request is $1.3 million per application. Council Minutes (Regular) July 7,2003 Page 6 Last year the Met Council awarded 12 development grants in the total amount of $8.2 million. Staffhas discussed this grant with some ofthe property owners, particularly the Knutsen's and their developer, New Century. Councilmember Cordes asked if consideration was given to communities who had not received grant money in the past few years? Staff replied that is not an official criteria, but it is possibly an informal criteria. An advantage the city has is that the Met Council and the legislature have decided that a certain percentage ofthe money would go to developing communities. Councilmember Fogarty asked if when estimating the cost ofthe bridge and this project, is this the concept staffwas working with? Staff replied the figures reflect a standard bridge, but there was a separate section for enhancements. The design work will be done later, but staffhopes it will not be a standard bridge. Councilmember Fogarty asked with the opportunity grant for the master plan, was that a matching grant? Staff replied yes, but this grant is not a matching grant. Councilmember Fogarty stated it is a very well-written grant. Councilmember Soderberg asked if we receive the grant, are we bound to do the project? He was looking at the total cost of the project and trying to balance that with other projects. Staff stated the total infrastructure cost for this project is well over $6 million. Staff envisioned that expense being spread out over a period of time. The first phase would be to extend Spruce Street to the north-south road and get the bridge built. There might not be more infrastructure needed at that time. If the grant is awarded, the city is not obligated to do anything, the city can turn down the grant. The grant could possibly be held for 9 months to I year. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R44-03 authorizing application for a Development Grant through the Livable Communities Demonstration Program. APIF, MOTION CARRIED. e) Quarterly Building Report - Community Development In the second quarter of2003 the city issued building permits for 72 single-family homes and 50 townhouse units for a total of 121 new housing units. The average building valuation of the single-family homes was $192,206, and for townhomes was $150,620. The population as of June 30, 2003 is 17,477. f) Ordinance Amending Title 5, Chapter 5 Regarding the Sale, Possession, and Use of Consumer Fireworks and Resolution Amending Fee Schedule - Community Development This ordinance is to become compliant with the State Law regarding the amount of permit fee allowed and the enforcement of the sale and use of fireworks. For establishments with mixed sales the fee will be $100, for establishments that sell fireworks only the fee will be $350. Councilmember Soderberg requested that in Council Minutes (Regular) July 7, 2003 Page 7 the future, the language that is being changed should be shown on the ordinance. MOTION by Cordes, second by Soderberg to adopt ORDINANCE 003-491 amending Title 5, Chapter 5 of the City Code regarding the sale, possession, and use of consumer fireworks. APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R4S-03 amending the 2003 Fee Schedule. APIF, MOTION CARRIED. g) Adopt Ordinance - Fire Code - Community Development 1306 authorizes optional provisions for sprinkling occupancies that normally would not be sprinkled. During the workshop it was discussed to provide sprinklers in new construction as well as buildings that may be going through a change in use. If an owner were to buy a business that is operating as the same business, the use is not changed, so sprinklers would not be required. If the owner were to close a business and establish a new type of business, that may require it to be sprinkled. Councilmember Fogarty was in favor of adding this to the code due to all the new commercial construction that will be coming. Mayor Ristow noted the Chamber had not received any comments from it's members. Staff talked with Mr. Mike Burville, Chair of the Chamber's Community Development Committee. He was given copies of all the material the Council received at the last meeting. The Chamber sent a fax to it's members letting them know this was being considered and asking for questions or comments. No one commented in favor or against the revision. Mayor Ristow stated he talked to a Chamber member today, and they were unaware of it. He agreed with subpart 3, but does not agree with the occupancy change. If someone sells a building, and a new person comes in, it may restrict them from being able to put something in the building if it does not meet code. Fire Marshal Powers stated depending on the size and type of occupancy. Most buildings in the downtown do not have the square footage to require sprinklers even with an occupancy change. Councilmember Cordes asked if someone were to buy a building to put in a bar/restaurant would sprinklers be required? Staff replied bar/restaurants are unusual, it may not need sprinkling. Mayor Ristow stated it may not, but it may, was the problem before. It was too restrictive last time and people could not afford it. Fire Marshal Powers stated they are looking at a 2,000 sq. ft. minimum and most downtown buildings are less than that. Dueber's would be large enough if they were to change to a bar/restaurant. Mayor Ristow stated previously people could not afford the rent because it was so high to pay for the sprinklers. Fire Marshal Powers replied that is why we did not go with the retroactive option. We did not want to be restrictive or impose a hardship on existing business owners. Mayor Ristow asked if the change of occupancy provision needed to be in the ordinance? Attorney Jamnik replied there is no option to remove it. The revisions take care of some of the building permits issued to existing buildings and make it only applicable to new buildings, but they did put the occupancy changes into a classification the same as a new building or addition to an existing building. There is a better appeal process in the new rules at the Department of Administration and Fire Marshal's office. One of the issues Council Minutes (Regular) July 7, 2003 Page 8 is there is now an awareness ofthe application of those rules and a better understanding of what the impacts are. If a new tenant presents a reduced occupancy rating, they will not be required to have a sprinkler. There has not been much criticism of new buildings. It is the surprise they get when they fill a vacancy, have a tenant and remodeling concept in mind that is estimated at X dollars, and because of the higher occupancy, you have to have it sprinkled. The approach might be to have better education. Fire Marshal Powers stated staff is not in the business to create a hardship, we are trying to provide safety for the businesses and the firefighters. Weare not looking at trying to force businesses to not come to Farmington. We are trying to encourage them to come here and create an atmosphere where they will be here for a long time. Mayor Ristow stated we are trying to be business friendly. Fire Marshal Powers stated 1306 applied the right way is business friendly. Councilmember Soderberg asked when talking about change of occupancy, we are talking strictly about a change of classification of occupancy, not a change of tenant A vacates and tenant B moves in. A change of occupancy in the fire code means an office turns into a daycare. Those are the types of things that mayor may not trigger the sprinklers. Attorney Jamnik stated the Council can reserve their right at a later date to repeal the section as it did previously. Councilmember Soderberg stated when we run across those situations where it is a hardship, staff will work with the owners by perhaps phasing it in to make it feasible. MOTION by Soderberg, second by Cordes adopting ORDINANCE 003-492 adopting Chapter 1306 ofthe Minnesota State Building Code with the recommended options. APIF, MOTION CARRIED. h) Adopt Ordinance - Zoning Code Text Amendment - Camping; Garage/Y ard Sales; Setbacks Along Minor Arterials; and Zoning Officer Designation - Community Development In May 2002 the zoning code was revised and it has been discovered a few things were inadvertently omitted. Staff would now like to put those items back in the code. The first one has to do with recreational camping. Previously the code read, "No person shall be allowed to camp overnight in a recreational vehicle for three consecutive nights without first obtaining a permit from the Zoning Administrator. Such vehicles will not be permitted to connect to the City sanitary sewer or water system." The amended language reads, "No person shall be allowed to camp overnight in a recreational vehicle without first obtaining a permit from the Zoning Officer. A permit shall be allowed for no more than three consecutive nights of overnight camping within a residential or agricultural district only. Such vehicles will not be permitted to connect to the City sanitary Council Minutes (Regular) July 7, 2003 Page 9 sewer; but may connect to City water." In the past a warning has been issued and the visitor advised as to how they can get a permit. Permits are available at the Police Department. This allows the officers to know that someone will be parked on the street that is not normally there, so a ticket will not be issued. The second issue was garage/yard sales. The text remains the same which reads, "Unless otherwise regulated, garage and yard sales within residential districts shall be limited to no more than 3 garage or yard sales per year, lasting no more than 3 consecutive days." The next issue was regarding minimum front yard setbacks adjacent to minor arterial streets. The text remains the same and requires that there be a minimum front yard setback adjacent to minor arterial streets such as CSAH 50, Pilot Knob Road, 195th Street, and TH 3 except in the downtown area of the City in Section 31. The last issue was regarding the Zoning Officer designation in the code. The code previously indicated the Planning Coordinator be the Zoning Officer. That title has been changed to City Planner. Section 1-7-3 (k) will be deleted from the code. This section indicated the City Administrator shall act as the Zoning Officer. MOTION by Fogarty, second by Cordes to adopt ORDINANCE 003-493 amending Section 10-6-25, Camping; adopt ORDINANCE 003-494 amending Section 10-6-26, Garage/Y ard Sales; adopt ORDINANCE 003-495 amending Section 10-4-1 (1), Minimum Front Yard Setback Adjacent to Minor Arterial Streets; adopt ORDINANCE 003-496 amending Section 10-3-1, Zoning Officer and delete Section 1-7-3 (k). APIF, MOTION CARRIED. i) Council Discussion on Hiring Process for New City Administrator Mayor Ristow suggested this be discussed at the July 16, 2003 workshop. Councilmember Soderberg stated past practice has been that a search firm has been hired. There may have been some dissatisfaction with the last search firm, but he did not think it would be proper for the Human Resources Director to be screening applications for her own boss. He felt it would be in the city's interest, although it involves expense, to proceed as in the past. Councilmember Cordes stated there are search firms you can hire, and create your own process. Mayor Ristow suggested we could have staff get a list of firms. Councilmember Fogarty felt they should not wait a week to discuss this. She agreed, that having the Human Resources Director screen applications is not a great idea. A search firm would be able to help Council widen the range of applicants. Council instructed staff to obtain a list of search firms prior to the July 16 workshop. Interim City Administrator Siebenaler cautioned that using a search firm would take about six months. He stated if Council elected to use the in-house HR resources, and if Council set the criteria for minimum qualifications, the Human Resources Director would be able to go through the list and provide Council with a list of Council Minutes (Regular) July 7, 2003 Page 10 qualified applicants. In recognizing the concerns raised, it would be the Council's decision to take those qualified applicants and narrow it down to a list of finalists. In that scenario, the Human Resources Director would not be selecting a candidate only providing Council with a list by your established criteria. If Council does want to go with a search firm, staff will provide Council with a list of those types of firms and recommendations. Councilmember Fogarty stated if Council establishes the criteria, she would be comfortable with having the Human Resources Director do that, but she is concerned Council may not be able to agree on the criteria. Councilmember Cordes stated the criteria would be established before the ads were published. Interim City Administrator Siebenaler stated the qualifications are not the subjective opinion of Council. They would be an objective group of criteria such as education, training, experience, extra curricular involvement, etc, as opposed to management style and more subjective criteria. Mayor Ristow stated in the past the search firm interviewed each Councilmember to obtain the criteria. Staff will provide whatever information Council would like. Councilmember Soderberg asked if the minimum criteria was available that was used previously. Human Resources Director Wendlandt stated the previous profiles are available which contains a list of minimum qualifications and job duties. She expected Council would want to review that whether a search firm is used or not. She is willing to assist Council or provide a list of search firms. Councilmember Fogarty asked if a search firm would be able to find applicants that Human Resources might not be able to. Staff stated they would do things similar to a search firm, such as contacting ICMA, which has publications and lists, a direct mailing could be done to cities in the region, staff could place an ad in different publications and newspapers. Staff would not have the capability of knowing someone who is looking that would be a good fit for Farmington. A search firm would have that capability. One of the advantages a search firm would have would be a list of candidates from out-of-state. If that is important, then staff would suggest using a search firm. If that broad of a search is not that essential, then the process could be done in-house. Councilmember Soderberg felt the larger the pool the greater the chances of getting an excellent candidate. He would like to think about this, and have staff prepare a list of search firms that could be used as well as have the profile available to Council that was used last time. He recognized the interest in finding a replacement as soon as possible. His initial feeling is that he would prefer a search firm. Staff will provide a list of search firms and a copy of the profile prior to the July 16 workshop. This will be discussed at the July 16 workshop. It is important to find a firm that will specialize in municipal government. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council Minutes (Regular) July 7, 2003 Page 11 Councilmember Soderberg: He noted in the Star Tribune there are designs for the state quarter. There are two entries from Farmington. Both are very good. He wished them the best ofluck in the state's search. Councilmember Fogarty: She wanted to make a clarification regarding the Special Council Meeting of July 3. The City Attorney did not tell any member ofthe Council to not speak to another Councilmember. The audience was given the impression that the City Attorney had told Councilmember Fitch not to give her any information. City Attorney Jamnik did not do that. Some people left the meeting wondering whether or not there was complete support for Police Chief Siebenaler. Councilmember Fogarty completely supports him serving in the Interim position. She could not have picked anyone better. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, /: LP'--~~ 7~~ Cynthia Muller Executive Assistant 7/; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us FROM: Mayor, Councilmembers and Interim City Administrato~ Brenda Wendlandt, Human Resources Director TO: SUBJECT: School and Conference - Administration Department DATE: July 21,2003 INTRODUCTION The Minnesota Public Employer Labor Relations Association (MPELRA) Summer Conference will be attended Wednesday, Thursday and Friday, August 20 - 22, 2002 in Duluth, MN. DISCUSSION The MPELRA Summer Conference provides Human Resource professionals the opportunity to attend seminars on the latest developments in Labor Relations. The conference is designed to increase the skills and knowledge of the participants through continuing education. It is also an opportunity for attendees to participate in peer discussions about the challenges public employers face regarding labor relations. BUDGET IMPACT The cost of attendance is provided for in the 2003 budget. ACTION REOUESTED For information only. R7"";Z~l ~da Wendlandt, SPHR Human Resources Director 7c.. 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 Administra r FROM: Robin Roland, Finance Director SUBJECT: School & Conference - Finance Department DATE: July 21, 2003 INTRODUCTION Attendance at the Minnesota Government Finance Officers Association Conference held September 16-19, 2003 at Arrowwood in Alexandria is being planned. DISCUSSION This conference is an annual event for Government Finance Officers within the state organization. Conference events include sessions on GASe 34 financial reporting, internal control, debt structuring, bond ratings and TIF reporting. This conference qualifies as continuing education for professional finance personnel. BUDGET IMPACT The adopted 2003 budget includes funding for this conference. ACTION REQUIRED Information only. ~espe ully submittsd, ~-~~ . Robin ~t"-z Finance Director 7cf City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us TO: Mayor, Councilmembers, Interim City Administra# Lee M. Mann, P .E., Director of Public Works/City Engineer FROM: SUBJECT: School and Conference - Public Works DATE: July 21, 2003 INTRODUCTION/ DISCUSSION As part of the Public Works Department's on-going efforts to provide professional development opportunities, Mr. Glenn Mogensen is being offered the opportunity to attend the Academy for Public Management at Inver Hills Community College. The program enhances professional effectiveness in the areas of supervision, relationship building, innovation and change and communication. Several employees from Farmington have attended this program and have found the experience to be very valuable. BUDGET IMPACT The cost for the program is $895 which will be funded out of the 2003 training budget. ACTION REQUESTED F or Council information. Respectfully Submitted, ~>>tm~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file ?e, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us . TO: Mayor, Councilmembers, Interim City Administrat FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Capital Outlay - Information Technology DATE: July 21,2003 INTRODUCTION The laptop computer used in the Council chambers needs to be upgraded. DISCUSSION This is a replacement for the laptop that has been problematic during various public meetings. The new laptop will provide a more stable environment, greater functionality and efficiency. BUDGET IMPACT Funding for this computer is provided for in the 2003 Cable Communications budget. ACTION REQUESTED For information only. Respectfully submitted, .hU41~~tvvir !B:enda'Wendlandt, SPHR . Human Resources Director 7-( City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers awl Interim City Aillrrili~ Ken Kuchera, Fire Chief FROM: SUBJECT: Capital Outlay - Fire Department DATE: July 21, 2003 INTRODUCTION The Fire Department is planning to purchase a tanker fire truck. DISCUSSION The attached document includes the information for contractors and bid specifications for a new tanker fire truck. This document was completed by the Fire Department New Vehicle Committee. The process started prior to the first of the year with many hours of time delegated to its completion. BUDGET IMPACT Approved in the 2003 C.I.P. ACTION REOUESTED For information only. Respectfully submitted, ~~ VV-'->'>I.).A. CI---... Ken Kuchera Fire Chief Farmington Fire Department Farmington, Minnesota Information for Contractors ~ Sealed proposals are desired from reputable manufacturers of automotive fire apparatus in accordance with these specifications and with the advertisement, a copy of which is attached, for the piece of apparatus as follows: One Fire Truck tanker, rmmmum 3000 gallon booster tank and all other appurtenances in accordance with the following: GENERAL REQUIREMENTS: Each bid must be accompanied by bidders accurate written and detailed specifications covering the apparatus and equipment which it is proposing to furnish and to which the apparatus furnished under the Contract must conform. It is the intent of these specifications to cover the furnishing and delivering to the city, complete apparatus equipped as specified. Minor details of construction and materials where not otherwise specified are left to the discretion of the Contractor who shall be solely responsible for the design and construction of all features. Such details and other construction not specifically covered herein or not at variance with these specifications should conform with specifications as outlined in Booklet No. 1901 dated February 1996, Booklet No. 1142 dated August 2001 and any changes or additions made to these specifications since that date, by the National Fire Protection Association and approved by the International Association of Fire Chiefs. The apparatus shall further conform to all the standards of the Federal Motor Vehicle Safety Standards (FMVSS) 121. All specifications herein contained are considered as minimum. Some items have been specified by brand name or model number. These have been carefully selected because of their reliability, compatibility with present equipment, and local availability of parts. The apparatus being furnished under these specifications shall conform to all of the requirements of all Chapters of Booklet 1901 and 1142. Any test equipment required or expense incurred for the Certification Tests shall be borne by the Contractor supplying this equipment. Exceptions taken in areas other than listed above must be listed on a separate page and marked "Exceptions to Specifications". Every exception taken shall be listed as to page number and paragraph. Failure to provide the required exception list Witll tlle bid proposal will be cause for rejection of that proposal. RELIABILITY OF CONTRACTOR: Contractor shall furnish satisfactory evidence that he or she has the ability to design, engineer, and construct tlle apparatus specified and shall state the location of the factory where the apparatus is to be manufactured and tested. A minimum of 10 (ten) references of Fire Departments who have purchased similar apparatus within the last 3 (three) years is to be provided with the Bidders proposal. List shall include customer's name, address, date place in service, and a current contact with phone number. Proposals will only be considered which are submitted by full time fire apparatus manufacturers who are current members of the Fire Apparatus Manufacturers Association (F AMA). F AMA is a non-profit organization designed to keep fire truck manufacturers abreast with the latest teclmologies and governing standards, and to act as a liaison to the IAFC and NFP A. Bidder shall include evidence of their affiliation to F AMA in the bid proposal. 1 WARRANTY: As a condition of the acceptance of the apparatus, the Contractor shall furnish the following Warranty: We warrant each new piece of Fire and Rescue Apparatus to be free from defects in material and workmanship under normal use and service. Our obligation under this warranty is to provide unlimited "Bumper - to - Bumper" coverage. All patts and labor required to place the apparatus back into standard working order is the responsibility of the Bidder. The Bidder shall have or designate an authorized repair facility within a ISO-mile radius of the Fire Department. This warranty shall cover a period of time of one (1) year beginning at the time that the department takes delivery of the unit. The water tank (Booster Tank) is to carry the Tank Manufacturer's unconditional Lifetime Warranty against any leaks or destruction due to cracks or corrosion caused by normal use of the same. This warranty extension required the yearly examination ofthe tank interior, with irregularities being reported to the factory immediately. The factory will repair or replace, as the Company may elect, the tank and/or its components. This warranty will not apply: 1. To normal maintenance services or adjustments. 2. To any vehicle which shall have been repaired or altered outside of our factory in any way so as in our judgement, to affect its stability, nor which has been subject to misuse, negligence, or accident, nor to any vehicle made by us which shall have been operated at a speed exceeding the factory rated speed, or loaded beyond the factory rated load capacity. 3. To commercial chassis and associated equipment furnished with chassis, signaling devices, generators, batteries, or other trade accessories in as much as they are usually warranted separately by their respective manufacturers. This warranty is in lieu of all other warratlties, expressed or implied all other representations to the original city and all other obligations or liabilities, including liabilities for incidental or consequential damage on the part of the Company. We neither assume any other warranty or liability on the Company's behalf unless made or assumed in writing by the Company. SERVICE INSPECTION: After delivery the contractor shall arrange for a factory service representative to perform two (2) complete service inspections at a period of time six (6) months and at eleven (11) months from the date of delivery. RESPONSIDILITY OF CITY: It shall be the responsibility of the city to specify the details of the apparatus, its required performance, the maximum number of firefighters to ride on the apparatus, and any hose, ground ladders, or equipment it will be required to carry which exceed the minimum requirements of this standard. CARRYING CAPACITY: The GA WR, and GCWR or GVWR of the chassis shall be adequate to carry the fully equipped apparatus including full water and other tanks, the specified hose load, unequipped personnel weight (The unequipped personnel weight shall be calculated at 200 lb. per person times the maximum number of persons to ride the apparatus as specified.), ground ladders, and a miscellaneous equipment allowance of 2000 lbs. FAILURE TO MEET TESTS: In the event that the apparatus fails to meet the acceptance test requirements of the initial trial, a second trial may be made at the option of the Contractor, within thirty days of the date 2 of the first trials. Such trials shall be final and conclusive and failure to comply with these requirements shall be cause for rejection. Failure to make such changes as tile city may consider necessary to conform to any clause of the specifications within thirty days after notice is given to the Contractor to make such changes shall also be cause for rejection of the apparatus. . ALTITUDE REQUIREMENTS: The apparatus shall be designed to meet the specified rating at 2000 feet altitude above sea level. ACCEPTANCE TESTS AND REQUIREMENTS: Acceptance tests on behalf of the city shall be prescribed and conducted prior to delivery or within 10 days after delivery, by the manufacturer's representative in the presence of such person or persons as the city may designate in the requirements for delivery. The apparatus, loaded with a full complement of hose and personnel, a full water tank, and equipment as specified in "Carrying Capacity" on tillS page, shall meet the tests on paved roads, dry and in good condition. Tests shall be on the basis of two runs; in opposite directions over the same route, the engine not operating in excess of the manufacturer's maximum RPM. The apparatus, when fully equipped and loaded per "Carrying Capacity", shall be capable of the following performance on dry/level/paved roads in good condition: Under full load from a standing start the vehicle shall attain a true speed of 35 MPH within 25 seconds. From a steady speed of 15 MPH the vehicle shall accelerate to 35 MPH within 30 seconds (without moving gear selector). The vehicle shall attain a minimum top speed of 50 MPH. The apparatus shall be able to maintain a speed of at least 20 MPH on any grade up to and including 6%. Specified acceleration tests shall consist of two runs in opposite directions over the same route. The service brakes shall bring the fully laden apparatus to a complete stop from an initial speed of 20 MPH in a distance not exceeding 35 ft., on a substantially hard level surface road free from loose material, oil, or grease. Manufacturers pump test and Underwriters Laboratories, Inc., Certification tests shall be conducted by the apparatus manufacturer in accordance with requirements of NFP A # 190 1. A Certificate of Testing shall be furnished to the City, both for tile Manufacturer's Preliminary Tests and the ULI Certification Tests. Responsibility for the apparatus and equipment shall remain with the contractor until acceptance by the city. The Manufacturer must supply at the time of deliver, at least two copies of: 1. Engine manufacturer's certified brake horsepower curve showing the maximum no-load governed speed. 2. Manufacturer's record of pumper construction details, per NFP A 1901. 3. Manufacturer's Run-In Certification with preliminary test results. 4. Pump Manufacturer's Certification of Hydrostatic Tests. 5. Pump Manufacturer's Certification of Pump Test Results. 6. The Certification of InspectionfTest of Fire Department Pumper by Underwriters Laboratories, Inc. 7. Weight documents from a certified scale showing actual loading on the left front axle, right front axle, left rear axle, right rear axle, and overall vehicle (with the water tank full but without personnel, equipment, and hose) shall be supplied with the completed vehicle to determine compliance with NFPA section 3-1. 8. At least two copies of the complete operation and maintenance manual covering the completed apparatus as delivered including, emergency lighting and sirens, portable fire pump, portable or built-in generator, or other furnished accessories. 3 9. Wiring diagrams of electrical systems, installed by apparatus manufacturer. Diagrams must be "vehicle specific", describing all electrical functions. 10. All production drawings of individual fabricated apparatus body and tank parts. Prints shall include all dimensional information and material lists to allow reproduction of any body part by a qualified fabrication shop. 11. A "Delivery Manual", consisting of a 3-ring notebook type binder with reference tabs for each section, shall be fumished to include the following items: individual component manufacturer instructions and parts manuals, warranty forms for body, warranty forms for all major components, warranty instructions and format to be sued for compliance with warranty obligations, routine service forms/publications, and technical publications or training guide for major components. 12. A certified noise level test shall be performed on the specified vehicle with noise level test results provided to the city. Test is to be conducted on the actual apparatus being provided by the bidder not results of a like apparatus. Testing procedures are to be as per NFP A recommendations. NOTE: Exceptions to the above requirements will not be acceptable. The contractor shall affix a permanent plate in the driver's compartment specifying the quantity and type of the following fluid use in the vehicle: 1. Engine Oil 2. Engine Coolant 3. Transmission Fluid 4. Drive Axle Lubrication Fluid 5. Air Conditioner Refrigerant 6. Power Steering Lubricant 7. Equipment Rack Fluid All nameplates and instructions plates shall be metal or plastic with the information permanently engraved, stamped, or etched thereon. Metal nameplates to be installed with plated screws. All nameplates to be mounted in a conspicuous place. DESIGN: The design of the equipment shall be in accordance with the best engineering practices. The equipment design and accessory installation shall permit accessibility for use, maintenance, and service. All components and assemblies shall be free of hazardous protrusions, sharp edges, cracks or other elements which might cause injury to personnel or equipment. NOTE: Where "nibbled" or non-continuous cutting methods are used to machine the body material, all edges shall be reworked/machine smoothed for injury prevention and appearance reasons. All oil, hydraulic, and air tubing lines and electrical wiring shall be located in protective positions, properly attached to the frame or body stmcture and shall have protective loom or grommets at each point where they pass through structural members. Parts and components shall be located or positioned for rapid and simple inspection and recognition of excessive wear or potential failure. Whenever functional layout of operating components determines that physical or visual interference between items cannot be avoided, the item predicted to require the most maintenance shall be located for the best accessibility. Cover plates which must be removed for component adjustment or part removal will be equipped with disconnect fastenings or hinged panels. 4 Drains, filler plugs, grease fittings, hydraulic lines, bleeders and check points for all components will located so that they are readily accessible and do not require special tools for proper servicing. Design practices shall minimize the number of tools required for maintenance. All components shall be designed and protected so that heavy rain or other adverse weather conditions will not interfere with normal servicing or operation. All aluminum used in construction of apparatus, manufacture shall state grade and thickness. All specified 4-way aluminum tradeplate shall be "polished" treadbrite or equal. All specified fasteners shall be zinc plated button socket head cap screws or Phillips head stainless steel cap screws. All nut fasteners to be, SAE Grade 5 or greater, self-locking, designed to prevent loosening. No substitute will be acceptable to stainless steel where specified. Since all custom manufacturers have the ability to shear, brake, weld, and drill holes, as these specifications require - all basic requirements must be complied with. Almninum can not be substituted for any specified stainless fabrications. Welding shall not be employed in the assembly of the apparatus in a manner that shall prevent the ready removal of any component part for service or repair. All steel welding shall follow American Welding Society D 1.1-96 recommendations for structural steel welding. All aluminum welding shall be done to American Welding Society and ANSI D 1.2-96 requirements for structural welding of aluminum. Flux core arc welding shall use alloy rods, type 7000, American Welding Society standards A5.20-E70Tl. The manufacturer is required to have an American Welding Society certified welding inspector in plant during working hours to monitor weld quality. All electrical wiring will be of a multi color-coded type, or other wise marked along the entire length of wire. No exception will be made for single colored wire marked on simply marked on either end. Prior to the construction of this vehicle, various chassis attachments such as: battery boxes, air reservoirs, air dryers, fuel separators, mufflers, tailpipes, filters, fuel tanks, and other bolt-on frame attachments shall be removed and relocated to pennit full utilization of the chassis for equipment compartments. All above specified components, where possible, shall be mounted on inside of chassis frame rails thus providing maximum compartmentation. Prior to assembly and installation of apparatus body components, the chassis frame, springs, axles, steering arms, and entire body subframe assembly shall be vinyl washed primed, zinc chromate primed, and acrylic urethane painted to match exterior body color. To insure the City a source of service and parts over a 20 year anticipated life of the apparatus; the Bidder shall provide factory authorized service, and testing facilities within a 150 - mile radius of the Fire Department. This same facility must stock a complete line of all fire fighting equipment and parts for this apparatus. Records as to the purchase source for all auxiliary components of the specified apparatus shall be available to City upon request. This purchase information shall include manufacturer name, model number, authorized distributor, current part number, and special installation instructions. Bidders taking "Total Exception" to these advertised specifications are hereby advised that such statement will result in immediate REJECTION of the Bid Proposal. The Truck Committee members, up to 4 (four), shall be advised as to the date of the following phases of construction: Pre-Construction (prior to bending of metal), Pre-Paint (final design/equipment layout), and Pre-Delivery. Truck Committee members reserve the right to travel to the factory, at the Bidders expense, during these stages of construction. Air travel (for distances over 300 miles), meals and lodging expenses shall be the responsibility of the successful Bidder. Bidder shall indicate intention to provide the required inspection trips in the proposal packet. 5 Bidder shall arrange for the above specified "Pre-Construction Conference", to be held at the manufacturer's factory, at which time all final designs and equipment mounting locations will be approved. Any changes to original proposal specifications, as approved at the Pre-Construction Conference, shall be noted on a "revised specification", provided by the manufacturer and distributed to Truck Committee members within five working days after Pre-Construction Conference. APP ARA TUS SIZE: Highest point of apparatus shall not exceed 126 inches; total overall width of apparatus shall not exceed 101 inches. PROPOSALS: All bids must be signed by an authorized employee or representative of the manufacturer of the apparatus being proposed. Bids signed by a sales representative shall be declared informal and will be rejected. Each bid must give the full business address of the manufacture. Bids by a Corporation must be authorized and signed by the President. Same signature is required on specified Bid Bond. A Bidders Bond in the amount of 10% shall be furnished with each Bid Proposal, written by a Corporate Surety, payable to the City of Farmington. This Bond is to insure that the Bidder will enter into a contract for the equipment as per the following detailed specifications with NO EXCEPTIONS. Bidder shall specify number of working days for competed delivery of the apparatus, from date of bid acceptance. In order to eliminate interest and handling charges for the chassis portion, the customer will "pre-pay" the chassis portion upon its receipt at Bidder's factory. This amount is to be identified in the Bid Proposal. All Bidders shall be required to detail, in exact terms, the payment for said apparatus in their own "Fire Apparatus Proposal". Bids may be withdrawn by certified mail or telegraphic request from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the Bid Proposal confers no right for the withdrawal for the Bid after it has been opened. No Bidder may withdraw their Bid after the time set for the opening thereof. All Bidders shall furnish complete "Proposal Specifications", printed on their own stationery; copies of reproductions of these "advertised specifications" can only be used as an attachment to the proposal specifications, for comparison/compliance purposes. All Bid Proposal Specifications must be in the same sequence as these Advertised Specifications for ease of comparison. Any bid not in this sequence will be disregarded and rejected. Each Bid shall be submitted with a complete detailed print of the apparatus as is specified. The print shall be to scale, minimum of 1 inch = 1 0 inches, of the exact apparatus being proposed, and not a stock print of a similar unit. The print shall have complete views of the left side with chassis cab, right body side with chassis cab, rear of body, and top view of the chassis cab area. The print shall include all of the following items: compartmentation with dimensions and door hardware, hosebed arrangement with dividers and grating material, emergency and standard lighting fixtures and location, all exterior 4-way treadplate pattern areas, pump panel lay out with gauges and pwnp controls, discharge outlets-location and cap style, cross-lay hosebeds with roller assemblies, suction inlets - location and cap style, hand rails and location, tow hook and cubby, hand operated 12v quartz 1,000,000 candle power flood light and location in cab, body access steps and location, interior compartment shelving and location, roll-out trays, water tank with sump/fill tower/interior baffles, and other necessary detailed features so as to provide a "picture" for the proposed apparatus. All submitted drawings shall become a part of the proposal, failure to submit the required prints, with the sealed bid proposal, will cause immediate rejection of the proposal and bid. Quality of drawing will be considered in determination of most qualified Bidder. All dimensions are subject to a +/- v.. inch tolerance. 6 It is the intent of the City of Farmington to receive proposals on equipment/apparatus meeting the attached detailed specifications and all submittals or bid proposals shall so state on the Bid Proposal Page, followed by a detailed "Letter of Exceptions" listing the areas of non-compliance and equipment being submitted. The City of Farmington reserves the right to reject any or all Bid Proposals and purchase the equipment it prefers. Each Bidder shall be prepared, if so requested by the City, to present evidence of his design experience/ capabilities and manufacturing ability to carry out the tenns of the contract. The materials specified are considered absolute minimum. Exceptions will not be accepted or permitted since all raw materials of the specified type are available to all manufacturers. Since all custom manufactures have the ability to shear, brake, and weld, as these specifications require - all basic requirements must be complied with. No exceptions will be taken for stainless steel material and specified thickness, since it is available to all fire/rescue manufactures. Award of Contract: The contract will be awarded, as soon as possible to the most "Responsible Bidder", provided their Bid is reasonable and it is in the best interest of the City of Farmington. The city reserves the right to waive any formality in bids received once such waiver is in the interest of the City. Also to accept any item in the Bid, found to be of superior quality or otherwise preferred by the City. The competency and responsibility of Bidders along with content of proposal specifications and accuracy/quality of proposal drawing will be considered in making the award. The City reserves the right to reject any or all Bids when such rejection is in the interest of the City and to reject the Bid of a Bidder who, in the judgement of the City, is not in a position to perform the contract. The City does not, in any way, obligate itself to accept the lowest or any Bid. Prior to award, the Bidder will meet with purchasing officials (at City's location) too personally discuss all facets of these specifications to insure a complete and satisfactory understanding of the City's specifications and the Bidder's proposal. The only person authorized to approve change orders that result in a change that will increase the cost of the apparatus is tlle City Administrator, upon consultation with the Fire Chief. Delivery: The maximum period for construction of the vehicle shall not exceed 180 working days and shall include the time required for delivery of the chassis to the apparatus manufacturer. The contractor will not be held liable for delay of delivery caused by accidents, strikes, floods or other events not subject to their control. The completed unit shall be delivered to the city with full instructions provided to Fire Department personnel on operation, care, and maintenance of apparatus at the city's fire station. Payment for the apparatus shall be made within five (5) working days of delivery. The apparatus will not be left at city location without full acceptance or prior agreement between the City and the Bidder. Final delivery price shall not include any Local, State, or Federal taxes. The Bidder shall not be liable for any State or Federally mandated tax or program after the sale of this apparatus. Apparatus, to insure proper break in of all components while still under warranty, shall be delivered under its own power, rail or truck freight shall not be accepted. Delivery Engineer: Delivery shall be performed by a factory trained Delivery Engineer only employed by the Bidder. Delivery Engineer shall remain in the community a reasonable time for training of Fire Department personnel and making normal adjustments. 7 Delivery shall include, but not limited to: A. Transportation of the fire apparatus. B. Conducting day and/or evening classes for instruction of Fire Department personnel and Drivers for operation. The Delivery Engineer shall be factory trained, fully capable of conducting informative classes on the complete operation of the vehicle. This means familiarity with engine, nmning gear, and transmission, driving skill, as well as handling of pump equipment and all controls. The Delivery Engineer shall set delivery and instruction schedule with the person appointed by City, recognizing the need for either daytime or evening classes. Advance notice of at least one (1) week will be given, advising the specific day on which the new apparatus will arrive. The Bidder shall make all housing arrangements for the Delivery Engineer and provide him/her with transportation to and from lodging and nearest available airport or rental agency (if it applies). The costs of all housing and other living expenses are to be paid by the Delivery Engineer. 8 Farmington Fire Department Farmington, Minnesota Tanker Truck Specifications i""'. ~ 3,OOO-gallon Aluminum or Stainless Steel Vacuum Tanker PRIMARY VEHICLE FEATURES: APPARATUS 3,000-gallon vacuum tank, 20-year warranty Aluminum apparatus body Complete vacuum system One (1) powered drop tank rack, capable of carrying two (2) 3500 gal. Portable tanks CHASSIS Sterling 8500 400 H.P. Caterpillar engine Single 75 gal. Fuel tank Leece Neville 270 amp alternator Up-graded interior for sound dampening Jacobs Extarder Engine Brake Allison automatic transmission, 4000 EVS six speed Meritor 18,000 lb. set back Front axle Meritor 40,000 lb. Rear axle with manual differential locks Two (2) chrome vertical exhaust stacks one on each side behind cab Alcoa Aluminum wheels Air Conditioning AM/FM weather band radio AM/FM Antenna mounted RH side of cowl High back, clothe fabric, Air suspension, Air lumbar, inside armrest Bostrom Drivers seat High Back, cloth fabric, Air suspension, Air lumbar, inside armrest Bostrom Passenger seat Butterfly option on hood Round universal gauge package Tilt and Tele-scoping steering column Self-canceling turn signals Power, Heated mirrors with 6" convex mirror below Power windows both passenger and driver Two (2) complete sets of chassis manuals TIRES Front XZE Michelin 315/80R x 22.5" Rear XDN Michelin 315/80R x 22.5" TANK 3,000 gallon capacity and shall be rated to 29 r r vacuum and 10 psi. Tank shall be properly coated to assure rust free operation Interior baffles shall be installed to comply with NFPA standard. There shall be one 20"manhole, top front of tank Tank shall have air actuated valve bottom of tank from manhole collar to 6" vent/drain pipe Vent/drain shall be 6" schedule 40 and shall be plumbed through tank Any overflow from the vent shall discharge under the truck behind rear wheels ~ Switches for the vent shall be located in the chassis cab and at each tank fill location There shall be a stainless steel access ladder rear of tank to the manhole. Tank frame shall be constructed to assure maximum strength and support DUMP & TANK FILL VALVES There shall be one (1) 6" dump with air-actuated knife valve at the tank rear On the rear dump valve shall be a tip-down chute constructed of tread bright aluminum On each side of the apparatus at the front shall be 6" intake/dump valves 6" valves shall have air-actuated knife valves and aluminum quick coupler w/cap One 6" x 22" automatic aluminum extension chute Air actuated valves shall have controls in cab and at each valve location 6" cam locking opening at the top rear of tank (for overhead filling in bay) W' bleeder valve located at each fill location right BODY & COMPARTMENTS Low side body constructed of 12-gauge aluminum with integral compartments. Two Aluminum compartments, one on each side, ahead of rear axles, as large as space permits Cabinets constructed of 12-gauge aluminum, sweep-out design Aluminum swing up doors powder coated to match body with door activated interior lights and molded rubber floor tiles Each compartment shall be vented The vacuum pump and components shall be mounted in a compartment on the driver side behind chassis cab This compartment shall have a flush panel door with stainless steel piano hinge with vertical swing and door checks to hold open at 140 degrees and stainless steel" D" slam latch assembly. LIGHTING & ElECTRICAL: (lED lights where applicable) All wiring is color-coded and run through automotive loom. Wiring to the lights mounted on the tank shall be run through stainless steel conduit. ICC lights includes red and amber clearance lights and large rectangular stop. turn, tail Weldon 2010 and Truck-Lite clearance with chrome bezels. Two scene lights with internal optics shall be flush mounted on the upper rear head, directed down 15 degrees to come on with backup lights. Two-side flood lights on angled brackets one each side of tank. Two 7" clear back up lights. Two Whelen warning strobes, mounted top rear of tank by flood lights left light shall be Red, Right light shall be Blue Code 3 light bar, mounted on cab roof with 3M Opti-Com Code 3 siren, cab mounted Federal electronic Q-Siren mounted in front bumper Code 3 speaker, grille mounted in chassis front bumper Code 3 electrical control modules, mounted in cab with rocker switches Two grille strobes red. Two intersection strobes, mounted on each side front chassis fenders. Electronic back up alarm. Master battery disconnect switch by driver seat in chassis cab 4-light tank level gauge mounted in cab and large lights mounted on back of tank Open compartment light inside cab wherever practical 12v quarlz hand operated 1,000,000 candle power flood light mounted in cab Map light on passenger side VACUUM SYSTEM Vacuum pump shall be mounted driver side behind the cab in compartment Pump shall be driven by PTO Pump shall be air cooled and shall be rated at 430 acfm @ 15"vacuum Pump shall have internal pressure/vacuum changeover valve, air actuated from cab Pump shall have automatic oilier with remote oil tank 3" primary shut-off lo-profile mounted top front of tank with stainless steel collar Primary shall have a stainless steel quick-release ring clamp PAINTING (Apparatus to match chassis) All surfaces shall be properly cleaned, sanded, prepared and primed Three coats of high quality Ford 9E White automotive paint shall be applied, with three coats clear Touch up paint Full automotive undercoating shall be applied under apparatus Marine spatter paint inside of cabinets on top of an abrasion resistant 'road guard' 16" reflective Blue striping on chassis and apparatus body MOUNTING Tank and body mounted to chassis with 1" rubber skids and u-bolt mounting hardware All pumping and electrical systems tested Full rubber mud flaps behind rear wheels Two tow hooks attached to chassis frame rails, front and rear through polished aluminum step deck OTHER ITEMS Drop tank rack shall hold two (2) 3500 gal. Tanks shall be mounted on passenger side Drop tank rack shall be power operated with controls on passenger side Two (2) 3500-gallon 22oz. Vinyl drop tanks (Fol-Da-Tank or equal) shall be provided Hose tubes built in under tank rack with rear access door to hold two (2) 6" x 12' hard suction sleeves Storage for four (4) 6" x 12' hard suction sleeves drivers side with rear access door Center console with all emergency lighting, siren vacuum and valve switches Two (2) 12-volt power points located on center console Two flashlights with charger mounted in cab, on passenger side, Streamlight model # SL20X Two NFPA wheel chocks mounted under chassis on driver side 18h.p. Waterous pump (PB 18 Vanguard 30-25A) in passenger side compartment. Pump shall be plumbed into tank and on a slide out tray Six (6) 6" x 12' light weight suction hose Low level floating strainer with detachable pan Low Level floating pump 350gpm placed on a slide out tray Dual air horns mounted one on each side on vertical portion of hood One (1) 6" cam lock X 5" Storz adapter One (1) 6" cam lock X 2 W' Male NST adapter One (1) 6" cam lock X 2 W' Female NST adapter Map storage on passenger side in cab Electric Hose reel with 100' of 1" hose, in passenger side compartment Wherever 2 dissimilar metals are joined, they must be electrically isolated 2-way CDM 1250 mobile Motorola radio with optional oversized speaker It is strongly recommended that all Motorola radio equipment be obtained from FFD specified dealer Two (2) complete sets of apparatus manuals Two (2) Tasmanian Devils holding a pick ax (6" decal) Truck graphics will be determined at the pre-construction meeting Exceptions to Stated Specifications Manufacture shall state reason, price difference, etc., on exception to specifications, and list them numerically on a separate sheet City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ FROM: Ken Kuchera, Fire Chief TO: Mayor, Councilmembers and Interim City Administrat SUBJECT: Mutual Aid Fire Services Agreement DATE: July 21,2003 INTRODUCTION Attached is a revised Dakota County Mutual Aid Fire Services Agreement. DISCUSSION This agreement was approved on June 16,2003. Due to questions that developed after the previous agreement was distributed, changes were made in Section 8, Charges to the Requesting Party. Paragraphs 2 and 3 were added, and the changes are underlined. BUDGET IMPACT None. ACTION REOUESTED Approve the Dakota County Mutual Aid Fire Services Agreement. Respectfully submitted, ~. ~-~L~,~. Ken Kuchera Fire Chief J Q v--) ------------- DAKOTA COUNTY MUTUAL AID FIRE SERVICES AGREEMENT This agreement is entered into among the Cities of Apple Valley, Bumsville, Cannon Falls, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and the Randolph-Hampton Fire District, . 1. Purpose. This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel, and other resources available to one party from other parties to this Agreement for the purpose of fire or emergency medical services. 2. Definitions. I. "Party" means a political subdivision. 2. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. "Requesting Party" means a party that requests assistance from other parties. 4. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Assistance" means Fire and/or emergency medical services personnel and equipment. 3. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 4. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/ her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. The decision of the Responding Party or Official to respond shall be determined solely by the Responding Official and shall be conclusive. No liability to the Responding Party or Official shall result by failing to respond or to provide assistance to the Requesting Party. 5. Recall of Assistance. The Responding Official, at his/her own sole discretion (by order of the governing body of the Responding Party), may at any time recall assistance when it is determined that the Responding Party shall cease any further assistance. No liability to the Responding party or Official shall result by the Responding Party's recall of assistance. H: LMC/mutualaidagreement061803/1 009 Page 1 of 19 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the commanding officer of the Requesting Party until the Responding Official withdraws assistance. The employees, volunteers, or personnel of the Responding Party shall be, and, are deemed to be, employees of the Responding party and at no time shall they be deemed as employees, personnel, or volunteers of the Requesting Party. 5. Workers' compensation. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 6. Damage to equipment. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue 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 volunteers. 7. Limits of Liability 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer ofthe Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 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 any party. 3. No party to this agreement, or any employee, official, or volunteer of any party, shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. 8. Charges to the Requesting Party. I. Except as otherwise provided herein, no charges will be imposed or charged by a Responding Party to this agreement for assistance rendered to a H:LMC/mutualaidagreement061803/2of19 Page 2 of 19 Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. 2. Notwithstanding the above, in the event the Requesting Party is authorized to and does impose or charge a third party for the costs of providing fire protection and fighting services for which a Responding Party renders assistance to the R~uesting Party under this Agreement, the Requesting Party shall submit to any third party paying the costs of the fire services the Responding Party's statement of cost.~_ and shall pay to the Responding Party the amount ctf i!2_2~iQ1il!}Q d~~ upon receipt of the same from the third party. 3. NotwithstandiJ!~~.~~e, a Re~Eon.Eing Party shall be reimbursed by the Requesting Party for Jl1.~l!9_TI!al~.9~!~"QX ~.Y_~ID?Pl!~S J~rovided !>.y-!~e Resp~g Party in assisting the ~S~~~tiJ.1:~ P8!1y ll!1der the agreement. The Requesting Party shall make full reimburs~ment withiQ~Q,g~Y~J2ft~2~~ptc:>i~u~..!!!i~~~ statement.or invoice of the a~.tual costs of each supply,;, 9. Duration. This agreement shall remain in force until and unless cancelled by any party upon thirty (30) days written notice to all other parties; provided that such cancellation shall only apply to the canceling party. 10. Effective Date and Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. This agreement is intended to supersede any prior agreement among the parties. Each party to this agreement shall maintain a copy of an executed copy of this agreement. Such copy shall be provided by the Secretary-Treasurer of the Dakota County Fire Chiefs' Association. This Agreement shall be effective as of the date that any two parties have executed this Agreement. This Agreement shall remain in effect for each party that has approved and executed the Agreement until the party cancels the Agreement pursuant to Paragraph 10 above. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed in their respective corporate names by their duly authorized officers by authority of their respecting governing bodies. H:LMC/mutualaidagreement061803/3of19 Page 3 of 19 CITY OF FARMINGTON BY: MAYOR CITY CLERK / CITY MANAGER / CITY ADMINISTRATOR DATE: H:LMC/mutualaidagreement061803/8of19 Page 8 of 19 [JLD ---. THE Motion for the adoption of this resolution was duly seconded by Member and upon vote being taken thereon, said resolution was declared duly passed and adopted and was signed by the Mayor with the signature attested by the City Clerk. RESOLUTION NO. R39-03 A RESOLUTION AUTHORIZING MUTUAL AID WHEREAS, the City Council of the City of Farmington , Dakota County, Minnesota, finds that there are situations where another local government may need the assistance of our local government's personnel and equipment and it would be impossible or impractical for the City Council to meet to authorize sending such assistance; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington , Dakota County, Minnesota, as follows: I. It authorizes the City Administrator/designee to dispatch equipment and personnel as deemed necessary to assist another local government. This decision shall be made after considering at all times and in each case the internal needs of our local government in addition to the needs of the party requesting our local government's assistance. 2. This action shall be considered to be an official act of the local government and all of the local government's policies regarding the compensation, use of equipment, insurance, etc., will apply, as per the Dakota County Mutual Aid Fire Service Agreement. 3. The City Administrator/designee shall recall the local government's equipment and personnel if it is needed in our local government, or if it is no longer needed by the requesting local government or if the City Council orders that action. J2~Q~ Mayor/City Administrator/Designee A~A~ C er V -,. H:IMC/resolutionauthorizingmutualaid DAKOTA COUNTY MUTUAL AID FIRE SERVICES AGREEMENT This agreement is entered into among the Cities of Apple Valley, Bumsville, Cannon Falls, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Randolph-Hampton, Rosemount, South St. Paul, and West St. Paul, and the Metropolitan Airport Commission. 1. Purpose. This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel, and other resources available to one party from other parties to this Agreement for the purpose of fire or emergency medical services. 2. Definitions. 1. "Party" means a political subdivision. 2. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. "Requesting Party" means a party that requests assistance from other parties. 4. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Assistance" means Fire and/or emergency medical services personnel and equipment. 3. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 4. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/ her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. The decision of the Responding Party or Official to respond shall be determined solely by the Responding Official and shall be conclusive. No liability to the Responding Party or Official shall result by failing to respond or to provide assistance to the Requesting Party. 5. Recall of Assistance. The Responding Official, at his/her own sole discretion (by order of the governing body of the Responding Party), may at any time recall assistance when it is determined that the Responding Party shall cease any further assistance. No liability to the Responding party or Official shall result by the Responding Party's recall of assistance. H: LM C/mutualaidagreementJ Page I of 20 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the commanding officer of the Requesting Party until the Responding Official withdraws assistance. The employees, volunteers, or personnel of the Responding Party shall be, and are deemed to be, employees of the Responding party and at no time shall they be deemed as employees, personnel, or volunteers of the Requesting Party. 5. Workers' compensation. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even ifthe injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 6. Damage to equipment. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue 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 volunteers. 7. Limits of Liability I. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party.- 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 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 any party. 3. No party to this agreement, or any employee, official, or volunteer of any party, shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. H :LM C/mutualaidagreementl Page 2 of20 8. Charges to the Requesting Party. Subd. I No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 2 Such charges are not contingent upon the availability of federal or state government funds. 9. Duration. This agreement shall remain in force until and unless cancelled by any party upon thirty (30) days written notice to all other parties; provided that such cancellation shall only apply to the canceling party. 10. Effective Date and Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. This agreement is intended to supersede any prior agreement among the parties. Each party to this agreement shall maintain a copy of an executed copy of this agreement. Such copy shall be provided by the Secretary-Treasurer of the Dakota County Fire Chiefs' Association. This Agreement shall be effective as of the date that any two parties have executed this Agreement. This Agreement shall remain in effect for each party that has approved and executed the Agreement until the party cancels the Agreement pursuant to Paragraph 10 above. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed in their respective corporate names by their duly authorized officers by authority of their respecting governing bodies. H: LM C/mutualaidagreementl Page 3 of 20 , ' CITY OF FARMINGTON BY: ~ q.....:L:::s- bl~ MA~ 'LERk'fCITY MANAGER / CITY ADMINISTRATOR DATE: ~.~ /? ~oo3 C7 / H: LM C/mutualaidagreementl Page 8 of 20 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us TO: Mayor, Councilmembers, Interim City AdmiOistrat# Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Award Contract - Sidewalk Replacement Project DATE: July 21,2003 INTRODUCTION Two quotations were received for the 2003 Sidewalk Replacement Project. DISCUSSION North Country Concrete, Inc. has submitted the lowest quotation for the sidewalk removal and replacement work proposed for 2003 in the amount of $15,180.00 (see attached tabulation of quotations). The budgeted amount for sidewalk replacement in 2003 is $15,783.00. BUDGET IMPACT The $15,783.00 amount budgeted for the sidewalk replacement project is accounted for in the City's Street division budget. ACTION REQUESTED Authorize by motion the award of contract for sidewalk removal and replacement to North Country Concrete in the amount of$15,180.00. Respectfully submitted, ~~~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file .... u~ .~o 00 J-4N ~ ,.. 1""4 .... ~ =...... CIJ = e",- CIJ = ~ 0 ...... tI:J Q.."tS CIJ ..... ~!:Q ,..::&:\4001 ...... 0 "' = ~ 0 C1J:Q "tS "' ..... ...... rJ'J = ~,.Q o "' of-! N ,.0 .. ::3 U .l!l .l!l CIl !:: :.:E u .5 i (I) .. ~ o u E' !:: ::3 o U ~ o Z ~ ~ w tit E-< Z ~ :.:E w t: z o ti5 Z w ~ w o o o o o .... tit E-< Z ~ o o g o .... tit z o .... CIl Z W E-< >< W 8 o 1O 1O tit E-< Z ~ 8 o 1O 1O tit .... ~ '"" '" <ll .l!l (I) ~~ ~'2 8-B = .a '<t' '" ~a ..$"0 !:: fr 0 .~ ~ ~ <ll --...~ ~ ~ (; ;E 0 ~ o S ~ :.:E ~ en o o ~ 1O (t') .... tit o o 00 tit o o o <"l 00 ....' .... tit o o t-.: tit o 0\ \0 .... t7i '"" '" <ll ~ ~ ~<:t: U"O Sj; U .. = .a \0 '" ~a ..$-g fr~ .. --...~ ~tU o ~ S (I) ~] 8 o 1O .... (t') tit o o 0\ tit o o g 00 N tit 8 00 tit o 1O <"l ~ CIl <"l o o N -- V ..... -- I'- o o o R \0 to:' .... ~ Q.i1O ;>1O <:t: !:: ~ (I):.:E~ 'x I <ll ,to- ~ ~~ 0=N 00 ><ll 1O 0\ 0\ \0(1)'-' ;:!:"P., 0.. <:t: tit o o d 00 .... ari' .... ~ ,gZ o . .c: (I) "O~ !:: .~ "0 ...J .. .... <"l .. '<t' (I).... ,.00 ~~ to- <"l o <"l('l 100 lO\O !:: O? :.:E~ ,1O ~Cfi' ",\0 S~ <ll ~ .0 CIl I- "0 in tit - c: CIl E Q) o CIl -a Q) 0::: ~ l Q) "0 Ci5 <"l o o N Q .... j:C ...J ~ o E-< 7/' 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 Adrrrirristrat# Lee M. Mann, P .E., Director of Public Works/City Engineer TO: SUBJECT: Approve Traffic Control- Fairview Lane DATE: July 21,2003 INTRODUCTION Staff received a request for all way stop control at the intersection of Heritage Way and Fairview Lane. DISCUSSION The traffic engineer has reviewed the intersection and has recommended installation of a stop sign on Fairview Lane at Heritage Way. The intersection does not warrant all-way stop control at this time (see attached memo). BUDGET IMPACT The funds to cover the cost of the stop sign are available in the 2003 budget. ACTION REQUESTED Approve the placement of a stop sign on Fairview Lane at Heritage Way by motion. ~~~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file .w - 1\11 Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. Marvin L. Sorvala, P.E. Glenn R. Cook, P.E. Rlbert G. Schunicht, P.E. Jeny A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. .Joseph C. Anderlik, P.E. Richard E. Turner, P.E. Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. Robert R. Pfefferle, P.E. Richard W. Foster, P.E. David O. Loskota, P.E. Mark A. Hanson, P.E. Mchael T. Rautmann, P.E. Ted K. Field, P.E. Kenneth P. Anderson, P.E. Mark R. Rolfs, P.E. David A. Bonestroo, M.B.A. Sidney P. Williamson, P.E., L.S. Agnes M. Ring, M.B.A. Allan Rick Schmidt, P.E. Thomas W. Peterson, P.E. James R. Maland, P.E. Miles B. Jensen, P.E. L. Phillip Gravel III, P.E. Daniel J. Edgerton, P.E. Ismael Martinez, P.E. Thomas A. Syfko, P.E. Sheldon J. Johnson Dale A. Grove, P.E. Thomas A. Roushar, P.E. Robert J. Devery, P.E. Offices: SI. Paul, SI. Cloud, Rochester and Willmar, MN Milwaukee, WI Chicago, IL Website: www.bonestroo.com Engineers & Architects MEMORANDUM TO: Lee Mann - City Engineer FROM: Sheldon J. Johnson DATE: July 8, 2003 RE: Traffic Control Request Fairview Lane and Heritage Way A citizen request has been made for stop sign control at the intersection of Fairview Lane and Heritage Way. The request also included solutions to "fast driving" of traffic in the vicinity of this intersection. The intersection is a "T" intersection that doesn't have any traffic control at the present time. All quadrants of the intersection contain residential land use. Each street is functionally classified as a local street. Each street provides for one lane of traffic in each direction and parking is allowed on both sides of all the roadways. Sight distance is good for all approach roadways. The City of Farmington conducted mechanical traffic and speed counts on all legs of this intersection during the period of 6-25-03 to 7-02-03. The average daily two-way traffic volume on each leg, as a result of these counts, are as follows: Fairview Lane 444 vehicles Heritage Way - West of Fairview Lane - East of Fairview Lane 258 vehicles 365 vehicles These volumes are reflective of local street volumes and are far below the volumes that suggest all-way stop control, as indicated in the Minnesota Manual on Uniform Traffic Control Devices. 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 The speed data collected at the intersection allows for calculation of the 85th percentile speeds. The 85th percentile speed is the speed at or below which 85 percent of the motorized vehicles travel. This speed is one factor used to establish roadway speed limits. The speed limits on Heritage Way and Fairview Lane are 30 mph. The 85th percentile speeds from the collected data are as follows: Location 85th Percentile Speed Range Fairview Lane North of Heritage Way (Northbound) North of Heritage Way (Southbound) 16 - 20 mph I - 15 mph Heritage Way East ofFairview Lane (Eastbound) East ofFairview Lane (Westbound) 21 - 25 mph 21-25 mph Heritage Way West of Fairview Lane (Eastbound) West of Fairview Lane (Westbound) 21 - 25 mph 21 - 25 mph The speed data collected indicates that speeds in excess of the speed limit are not occurring at this location. Conclusions . The traffic volumes do not warrant all-way stop traffic control. . Sight distance at the intersection does not indicate the need for all-way stop control. . The existing speeds (85th percentile) are within the speed limit of the roadways. . In order to establish positive right-of-way assignment, it is recommended that a stop sign be installed on the Fairview Lane approach of this intersection. If there are any questions or comments regarding the contents of this memorandum, please do not hesitate to contact me. 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us 74 U TO: Mayor, Councilmembers, Interim City Administrato~ Brenda Wendlandt, Director of Human Resources Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: New Position - Public Works DATE: July 21, 2003 INTRODUCTION The 2003 budget includes the addition of a Park Keeper position budgeted between Parks and Recreation, Forestry, Public Works and the Storm Water Utility. This need for this position was identified to perform maintenance, implementation and enforcement work on a variety of the City's natural resources. DISCUSSION During the process to determine the 2003 Budget, this position was identified as a Park Keeper. However, it was known that the position would be somewhat different than a Park Keeper and therefore, the salary was budgeted accordingly. At the time ofthe budget process, the job duties were not finalized and the City's new job evaluation process was just being completed. After evaluating the position per the City's job evaluation process, it has been determined that this position is equivalent to a Natural Resources Specialist and is more closely related to Public Works as many of the duties fall under the area of responsibility of the Assistant City Engineer. This position therefore would fall under Public Works and be supervised by the Assistant City Engineer. This position would be responsible for pond revitalization, NPDES Phase II - Storm Water Pollution Prevention Plan implementation and enforcement, enforcement of wetland buffers, erosion control, weed control and boulevard tree inspection, maintenance and replacement. It requires a minimum of a two-year degree in Natural Resources or related field with a Bachelor's degree preferred, computer skills, and natural resources or related experience. In order to effectively recruit for this position and find the best qualified individual, the position should be advertised as a Natural Resources Specialist. BUDGET IMPACT Funding for this position is provided for in the 2003 budget. ACTION REOUESTED F or Council information. Respectfully Submitted, AVAdW~ ~:;: Wendlandt, Director of Human Resources ~>>t~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /Oa.... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us / TO: Mayor, Council Members, Interim City Administrator, FROM: Lisa Shadick, Administrative Services Director SUBJECT: Customer Service Response Report DATE: July 21,2003 INTRODUCTION In an effort to meet and understand our citizen's needs and concerns, the City has adopted a customer service satisfaction program. This program is designed to ascertain and measure the level of customer satisfaction during service-related interactions. All citizen contacts with the City are documented in terms of complaint type, referring department, priority of service request and service outcomes. Responses are typically anonymous ensuring that citizens with negative experiences are just as likely to respond as those with positive service experiences. Accordingly, it is the City's intent to use this information as a customer service tool to improve and promote the importance of excellence in customer service. DISCUSSION The table below reflects summary statistics generated by Customer Action Request forms over the months of January, February and March, 2003. Summary response percentages are generated through the analysis of monthly reports and include response data from all operating City departments. # of Service # of Surveys Prompt Personally Courteous Month Requests Returned Response Satisfied & Helpful t January ~ February ! March , Summary 21 31 31 83 13 12 16 41 91% 100% 93% 94% 100% 100% 81% 93% 100% 100% 100% 100% . The percentages above reflect the number of actual surveys that indicated a response in any given category. Consequently calculations are based on the actual numbers of responses received which may differ from the number of surveys received as some respondents did not indicate answers to specific survey questions. On average, ninety three percent, (93%), of citizen requests for service are handled and addressed within a 1-3 day period. Typically, from that point it requires approximately 90 days or more to receive process, compile and analyze the survey response data into monthly reports. In terms of how "promptly the City reacted to citizen requests," the degree of "how personally satisfied citizens were with service outcomes," and was City staff "courteous and helpful" in responding to citizen requests, response data suggests a very high level of customer satisfaction in all three categories. In terms of core customer service skills, City staff have achieved an impressive 100% rating in "courteous and helpful service" and 94% in "prompt service" regardless of how personally satisfied a resident was with service outcomes. This underscores the City's commitment to treat each resident contact as a highly valued customer service relations opportuni ty. In terms of how personally satisfied a resident is with a specific service outcome, staff responses are, in most cases, controlled by state statutes, City ordinances, available staff resources and/or service priorities. In some cases, responses are a function of a third party who must respond to a given situation. Overall, a summary rating of93% over the three month period for how personally satisfied a resident was with a City service response is a very respectable response ratio given the wide range of resident concerns. In review of survey comments, residents commented both negatively and positively on a variety of concerns such as road conditions, issues involving pets, sanding cul-de-sacs, garbage pick up and can replacement and also the response from city staff. BUDGET IMPACT None. ACTION REQUESTED Acknowledge the Customer Service Satisfaction reports from January through March, 2003. Staff will continue to present customer service satisfaction data to Council as it becomes available. Monthly report data with department breakdowns are available for Council review upon request. Respectfully submitted, ~d ~C(~ Lisa Shadick Administrative Services Director 106 CITY OF FARMINGTON SUMMARY OF REVENUES AS OF JUNE 30, 2003 50.00 % Year Complete )) iiii:1111111iii :::::::::::::::i:I:ljlllllllllil.,liiii ::::III.lllil % $ % GENERAL FUND Property Taxes Licenses/Permits Fines Intergovernment Revenue Charges for Service Miscellaneous Transfers Total General Fund 3,188,070 1,000,000 1,010,058 31.68 945,521 36.37 1,033,700 154,801 778,016 75.27 724,545 62.26 82,500 6,425 31,390 38.05 29,917 36.26 876,486 1,317 76,661 8.75 78,832 9.65 329,779 20,696 101,007 30.63 120,845 37.62 330,500 20,363 124,798 37.76 150,849 45.64 225,000 19,269 111 ,769 49.68 172,250 50.00 6,066,035 1,222,871 2,233,699 36.82 2 222,759 39.27 SPECIAL REVENUE HRA Operating Fund 27,000 836 6,677 24.73 8,240 33.99 Police Forfeitures Fund 8,050 3,713 6,975 86.65 3,755 46.65 Park Improvement Fund 152,500 5,005 37,085 24.32 39,547 10.11 Recreation Operating Fund 186,700 31,784 46,427 24.87 84,423 40.38 ENTERPRISE FUNDS Ice Arena 243,300 3,476 95,844 39.39 109,176 50.20 Liquor Operations 2,410,500 268,104 1,265,945 52.52 1,114,344 46.43 Sewer 1,298,000 139,726 552,108 42.54 746,348 48.29 Solid Waste 1,358,500 150,110 542,340 39.92 321,592 25.56 Storm Water 270,000 32,377 138,803 51.41 80,921 13.22 Water 1,790,000 133 526 631,850 35.30 602 623 34.24 Total Revenues 13,810,585 1,991,528 5,557,753 40.24 5,333 728 37.87 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF JUNE 30, 2003 :::::P:iRP:liftft : ........2mJ.~..........pe.lteKt t/:ti!mJ.~: .. iiiiiii.:i::....:.::::::i .ii:::iii:\ldi:::::::::iii . ................. .... .. ......... . .......... ........... ...... GENERAL FUND % $ % Legislative 61,120 8,071 41,595 68.05 28,525 40.30 Administration 418,660 31,624 224,700 53.67 158,315 44.71 Human Resources 191,820 12,671 64,174 33.46 53,615 41.33 MIS 92,330 3,920 49,516 53.63 24,716 43.54 Elections 10,870 0.00 16 0.07 Communications 76,350 4,966 24,948 32.68 27,414 41.37 Finance 372,730 31,102 190,704 51.16 198,621 52.36 Planning/Zoning 155,360 12,987 71,265 45.87 70,990 50.79 Building Inspection 316,330 26,110 159,759 50.50 120,519 44.42 Community Development 87,350 11,721 54,211 62.06 35,878 41.49 Police Administration 456,300 43,166 273,568 59.95 167,198 42.86 Patrol Services 1,120,280 139,606 585,426 52.26 442,305 46.03 Investigation Services 171,980 15,215 83,725 48.68 36,504 24.22 School Liason Officer 80,830 4,861 38,820 48.03 35,851 53.46 Emergency Management 1 ,400 17 629 44.93 85 6.07 Fire 371,000 21,284 124,686 33.61 112,939 33.83 Rescue 47,690 7,402 23,544 49.37 14,611 38.91 Engineering 259,430 28,254 138,082 53.23 115,170 47.05 G.I.S. 12,820 26 3,025 23.60 296 2.84 Streets 419,200 59,761 213,824 51.01 158,547 43.10 Snow Removal 105,640 1,476 46,766 44.27 37,344 43.94 Signal Maint 95,600 7,776 38,785 40.57 37,478 43.78 Fleet Maint 0.00 53,077 44.97 Park Maint 244,162 35,975 179,696 73.60 129,494 62.86 Forestry 110,000 223 11 , 120 10.11 13,193 12.82 Building Maint 105,300 7,688 55,550 52.75 44,686 42.35 Recreation Programs 256,850 52,604 191,763 74.66 106,765 37.38 Outdoor Ice 27,640 3,802 13.76 6,004 23.20 Transfers Out 100 000 0.00 0.00 Total General Fund 5 769,042 568 506 2 893 683 50.16 2230 156 42.19 SPECIAL REVENUE HRA Operating 88,840 7,117 45,668 51.40 25,819 49.51 Police Forfeitures Fund 8,050 581 2,573 31.96 6,521 81.01 Park Improvement Fund 134,500 8,069 41,694 31.00 45,790 39.20 Senior Center 108,020 10,536 60,512 56.02 37,969 34.97 Swimming Pool 124,560 27,626 56,832 45.63 21,522 17.89 ENTERPRISE FUNDS Ice Arena 273,900 24,698 121,844 44.48 112,536 47.34 Liquor Operations 2,247,750 259,193 1,176,608 52.35 1,096,792 49.81 Sewer 1,263,767 87,751 640,948 50.72 555,434 47.04 Solid Waste 1,363,631 235,627 691,451 50.71 561,603 46.20 Storm Water 242,939 8,901 76,835 31.63 89,587 37.74 Water Utility 1 104503 57 288 464175 42.03 345 587 22.90 Total Expenditures 12,729,502 1,295,893 6,272,823 49.28 5,129,316 41.79 /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers FROM: Daniel M. Siebenaler Interim City Administrator SUBJECT: City Council Workshop DATE: July 21,2003 INTRODUCTION / DISCUSSION The City of Farmington has a number of ongoing projects including the Spruce Street Extension; the City Hall Task Force; the Recreational Facilities Task Force; The MUSA Review Committee as well as several others. In order to continue the progress the City has made in meeting the goals set by the City Council and to provide direction to the Interim City Administrator staff is requesting a workshop with the City Council to discuss these ongoing projects. Staff will be prepared to provide a very brief update on each of a number ofprojects currently underway in the City. It is staffs hope that the Mayor and Council will provide staff guidance as to the direction and priority of each project. Staff is suggesting two possible dates for the workshop on either Wednesday, July 30 or Wednesday August 6, 2003. ACTION REQUESTED Set workshop date. IOe/, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and Interim City Administrato FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Request to Make Improvements to the Rambling River Center DATE: July 21,2003 INTRODUCTION The current floor plan for the Rambling River Center does not function efficiently due to a recent staffing change. DISCUSSION Attached are the floor plan and cost estimates for each phase planned for the Rambling River Center Improvement Project. It is anticipated that phase one, two and possibly three will be completed as part of this project. Charlie Weber, Rambling River Center Advisory Board member and Missie Kohlbeck, Senior Coordinator, will be in attendance at the meeting to make a brief presentation to the City Council about the proposed improvements and will be available to answer any questions about the project. There are several reasons why the request is being made to improve the Rambling River Center. They are as follows: . A part-time staffperson was hired this past spring at the Rambling River Center. The hiring of a part-time staff member has caused the office space to become more crowded. Two people now share the same office space because there was no other office space available for the part-time staff member. This has created issues with maintaining confidentiality and privacy. . Building new offices will allow more space for staff to work independently of each other. Confidentiality and privacy will be restored due to creating two separate offices. . Moving the existing computer lab into the staff office being vacated, will allow expanded space for the computers and a more comfortable environment for the Rambling River Center members who use the computers. . The vacated computer lab space will then be expanded to allow for a fitness room to be created. Currently there is no space for a fitness programming component. As the "Baby Boomer" population ages, it has been shown that it is more physically fit than previous aging generations and desires to have opportunities to maintain its fitness and healthy lifestyle. In order to entice new members, it becomes vital to expand programming opportunities that include fitness. BUDGET IMPACT Currently in the 2003 Capital Outlay Budget, $4,500.00 was appropriated for a new piano at the Rambling River Center. This request is to reallocate these funds towards Phase One and Phase Two costs of the project. The Rambling River Center Advisory Board and the Parks and Recreation Advisory Commission have reviewed this request and are both recommending to the City Council that the money originally identified for the purchase of a new piano be reallocated to the improvements at the Rambling River Center. Any costs above the $4,500.00 will be covered by money that was fundraised over the past two years. To date this amount is just over $6,000.00. Total project costs of the improvements then, will not exceed $10,500.00. ACTION REQUESTED Approve the request to reallocate $4,500.00 that was identified in the 2003 Capital Outlay budget for the purchase of a piano towards the Rambling River Center's improvement costs and to allow the identified improvements to be made to the Rambling River Center at a cost not to exceed $10,500.00. R....esnectfu.llY S~b 'tte d, {I'--_) ---~P- '- Lf;;&, Parks and Recreation Director Rambling River Center Remodeling All Labor is Volunteer unless noted. Phase 1 Phase 1 is the building of 2 Offices and a Reception Area. The rough construction of the walls will be done by volunteers. The drywall and the electrical will be done by contractors. The opening on the east wall off the new office will be closed and a window will be installed. When phase one is complete the current office will be moved to the new office and the computers will moved to the old office. Lumber, Doors, Drywall, Nails & Accessories Finishing Drywall (Contractor) Electrical (Contractor) Heat Vent Office Furniture Reception Desk $1145.00 $250.00 $690.00 $75.00 $1500.00 $800.00 Total $4460.00 Phase 2 Phase 2 of the project will be to replace one door, add panic hardware to two doors, and install three exit signs to comply with the fire code. The French doors that are to the left of the coat racks will be moved to the right of the racks. This will make an entry to the old Gift Store which now becomes the Game room. The wall where the French door was will be closed up. One wall of the old computer room will be removed and a wall will be added to make the room larger. This now becomes the new exercise room. Materials from walls removed will be reused when possible. Door, Panic hardware, Exit signs Lumber, Drywall Finishing Drywall (Contractor) Electrical (Contractor) $700.00 $150.00 $125.00 $500.00 Total $1475.00 Phase 3 Phase 3 will be to replace the ceiling tile and floor covering in the new Exercise room. When the Exercise room was two rooms the floors and ceilings didn't match. Exercise Equipment Ceiling tile Floor covering (Contractor) $6000.00 $300.00 $2000.00 Total $8300.00 1 Phase 4 Storage areas will be added where the French doors were, and also behind the janitor's room. Lumber, Doors, Drywall Finishing Drywall (Contractor) Storage Shelves Misc. Hardware $700.00 $192.00 $200.00 $100.00 Total $1192.00 Total cost of first 4 phases + 15% overrun: $17,741.05 Phase 5 Phase 5 will be the removal of the wall between the two large meeting rooms and replace it with an 8 foot high Accordion door. A request for approval and funding will be made at later time. 2 !; m fi: .... c: ~ ~ c.. ~ o IX: .c ~ :i: ~ :5 'l to ~ DO (Jl e al (!) c Q) .J:: .g ;.2 - --.,-:=l i E ~ . "" c:: :I , " ~ ~ " ~ " ~ , " ~ " ~ ~ \ .1 ~ ..-i~ ..... /l) ~ E 8 ell B (f) !t= (!) i ::: ,., ..... .. c::: . to c.. co ~ <C Q) C') c: co .r:::. U ~ ~ ~ u= o t .~.6 ,I ~ ::s a. E 8 c: (J) E o ~ LO Q) ~ .r: (l. ('t) o(S ~ ~ .~ c: 3$ 0 ~ :;::; J!J ca UJ ~ 8 ..c:: 't'"" C- O) tn 0::: co .J: a. c: Q) ~ 'V en co ..c: c.. ... J~~~:' .~-.ti .U, /, JdI.. I, I. , ..!J-.9 "J .\: 1.ir-.:' ~ r .~ i',5F . u.-,c I ! ~ Q) In ,. I.. I c: .~ .2 19 )( '5. 8 l1.J m tJ m cr:: .' J~at}? - ..:JEi . ioU ",S' .;: .~ ..1. . .11-.::1' j .c. u ~ -' , --:!. c: .S1 0.. as c u: ~ .... ~ --_....-----../ , .:t E ~ <<t= ~ o i' i ~ ?; c m :! :.. ~. t it' IOe City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us FROM: Mayor, Councilmembers, Interim City Administrat~ Lee M. Mann, P .E., Director of Public W orks/City Engineer TO: SUBJECT: Ash Street Project - Update DATE: July 21, 2003 INTRODUCTION At the June 23, 2003 meeting with Castle Rock Township, staff was directed to forward a draft Joint Powers Agreement/Orderly Annexation Agreement (JP NOAA) to the Township for their review and approval. Upon the Township's approval ofthe JP NOAA, the City would then make a final decision whether or not to move forward with the project under the terms discussed at the joint meeting. DISCUSSION Township officials are currently reviewing the proposed JP NOAA that the City Attorney has drafted. Staff has been in contact with Dakota County to verify the deadline for project requests for the County's 2004-2008 CIP. The County has indicated that the City's resolution requesting projects to be included in the County's 2004-2008 CIP needs to be to the County by the end of August. Therefore, staff will continue to coordinate with Castle Rock Township with the goal of bringing an approved JP NOAA to either the August 4 or August 18, 2003 City Council meeting. The Council will then still have the ability to make a decision regarding the Ash Street project within the County's CIP process time frames. Attached for Council's review is a copy of the draft JPNOAA. BUDGET IMPACT Also attached to this communication is a memo from the Finance Director outlining the funding mechanisms that would be utilized if the City chooses to go ahead with the project. ACTION REQUESTED For Council information and discussion. Ash Street, July 21,2003 Page 2 Respectfully Submitted, ~)1,~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file DRAFT JOINT POWERS/ORDERLY ANNEXATION AGREEMENT CITY OF FARMINGTON - TOWNSHIP OF CASTLE ROCK ASH STREET RECONSTRUCTION AND UTILITY IMPROVEMENTS 1.0 Parties. This Agreement is entered into by and between the City of Farmington, a Minnesota municipal corporation ("Farmington") and the Town of Castle Rock, a Minnesota municipal corporation ("Castle Rock") pursuant to the authorization contained in M.S. ~471.59 and ~414.0325. 2.0 Recitals. A. Farmington and Castle Rock each have authority to construct public improvements as defined in M.S. Chapter 429. B . Farmington and Castle Rock have determined that the reconstruction of Ash Street and related improvements including sanitary and storm sewer services to the surrounding properties, as described in the attached feasibility report, are in the public interest, and that they are necessary, feasible, and economical. 3.0 Puruose. The purpose of this Joint Powers Agreement is to define the duties and obligations of Farmington and Castle Rock regarding the reconstruction of Ash Street and the related utility improvements and, where appropriate to effectively maintain and serve the affected properties to facilitate the orderly annexation of identified properties receiving urban services and to maintain township jurisdiction over those properties not yet receiving urban services. 4.0 Duration. This Agreement shall terminate one (1) year following substantial completion of the combined project as related to the improvement project but shall continue with regards to the orderly annexation of the identified properties until annexation occurs or the parties terminate this Agreement. 5.0 Definitions. "Ash Street Reconstruction Project" means the reconstruction of that portion of Ash Street lying between the railroad tracks east of Denmark Avenue and State Trunk Highway 3, as more fully described in the Feasibility Report dated June 2003, prepared jointly by the engineers for Farmington and Castle Township, including grading, bituminous paving of street and pathways, installation of concrete curb and gutter, installation of storm sewer pipe and catch basins, turf reestablishment and landscaping, and utility adjustments. "Storm Water Facilities Project" means the construction of storm water piping systems, the acquisition, enlargement, and improvement of storm water ponds and sedimentation ponds all of which are required to collect, treat and convey all or some of the surface water runoff from the Ash Street Reconstruction Project and surrounding areas. "Combined Projects" means the Ash Street Reconstruction Project and the Storm Water Facilities Project. 6.0 Proiect Terms and Conditions. In consideration of the mutual undertakings herein expressed, the parties agree as follows: A. Project Design. Farmington and Castle Rock shall prepare plans and specifications for those portions of the Combined Projects which are located within each jurisdiction. The plans and specifications shall be combined for purposes of preparing bid documents and advertising for bids. B . Advertisement for Bids. Farmington shall advertise for and receive bids for the combined projects. Farmington shall provide Castle Rock with a copy of the bid tabulations. C . Contract Award. Upon receipt of the bid tabulations, the Castle Rock engineer shall confer with the Farmington engineer and concur in the recommendation of the award of bid to the lowest responsible bidder. Each governing body shall approve of the recommendation prior to the award of a contract. Contract shall be let by the City of Farmington. D. Contract Documents. Farmington shall prepare all construction contract documents and they shall be approved by the Farmington attorney. E . Construction Supervision. Each party shall have its own contact person to administer the scheduling of field work, occurring within its corporate boundaries, as described in the contract documents and shall coordinate efforts wherever possible to ensure that the construction of the Combined Projects proceeds in an efficient manner. F. Change Orders. During the course of construction, each party may request change orders for the portion of the Combined Projects located within its boundaries. Change orders shall be submitted and approved pursuant to the terms of the construction documents. G . Allocation of Project Costs. The City of Farmington shall be responsible for all project costs identified in the report as Township or City costs, with the exception of any Township engineering costs. H. Indemnification. The City of Farmington and the City of Castle Rock agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and cost and expenses connected therewith, arising out of resulting from the failure of either party to satisfy the provisions of this agreement or for damage caused to third parties as a result of the manner in which the City of Farmington or the City of Castle Rock perform or fail to perform duties imposed one each party by the terms of this agreement. Nothing herein will constitute a waiver of limitations of liability available at Minnesota Statute Chapter 466 and other applicable law. K. Ownership/Maintenance. Upon completion of the Ash Street Reconstruction Project, the City shall own or otherwise be responsible for and maintain the storm water facilities portions of the project located within the project area. The City of Farmington will own the City water and sewer utilities located within its jurisdiction, on city property, or on city easements through areas of Castle Rock as shown on Exhibit attached to this agreement. 7.0 Proiect Financin2 and Assessments. A. Chapter 429/444 Financing. Township hereby authorizes City to undertake proceedings on behalf of the Parties to enable the City to impose special assessments against properties served by the project assessed for the improvements, or to establish equivalent availability and connection charges. B. Approvals. All financing methods will be mutually developed by City and Township engineering and financial staff or consultants, and approved by the Town Board and City Council prior to, or contemporaneously with, any statutorily required hearings/meetings/procedures. 8.0 Orderly Annexation of Benefited Properties. A. Immediately Served Properties. Township hereby consents and agrees to the annexation of those properties mutually identified as being immediately served by the sanitary sewer or water improvements constructed as part of the Project. B. Subsequently Served Properties. Township hereby consents and agrees to the annexation of those properties that petition for, or otherwise connect to city-provided sanitary or water services. Orderly annexation agreements or annexation ordinances as mutually agreed to by the parties will be adopted by the parties as necessary to effectuate this provision. C. Unserved properties. City hereby agrees that it will not annex unserved properties in the Project area absent a petition of the affected property owners, except as provided in paragraphs A and B above. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement. Pursuant to Council authority granted on the _ th day of , 2003. CITY OF FARMINGTON By: Gerald Ristow Its: Mayor By: Its: Interim City Administrator Pursuant to Town Board authority granted on the _th day of , 2003. Town of Castle Rock By: Its: By: Its: City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council members, Interim City Administrat r FROM: Robin Roland, Finance Director SUBJECT: Funding the Ash Street Project DATE: July 21, 2003 The feasibility report for the Ash Street project identifies a $6,604,950 project cost (allowing for inflation to 2005): Attached with this memo is an analysis of funding sources for this project. Staff proposes that $2,650,000 in bonds would be issued in June of 2005. The bonds would be repaid using assessments and tax levies. The balance of the project costs would be covered by County funding and City trunk funds. The portion of the funding identified by the "Deferred" column (with the exception of Storm Water), is the assessments that might be collected if properties in Castle Rock were to annex into the City to hook up to Water and Sewer. We must treat these potential assessments as if they will not be paid in order that we may see a true cost of financing the project. The $687,150 identified as "Deferred Storm Water" is the cost for Pond 8 in Castle Rock Township which they have recently identified as beyond their funding capabilities. However, as this pond is necessary to the City's storm water facilities plan, it could ultimately be funded out of Storm Water Trunk funds. The additional pages (from Ehlers & Associates) identify what a bond issue would look like and the annual tax levy which would be required. All of this financial data is based on assumptions that the bond market in 2005 would look similar to today. Staffwill be happy to answer questions at the meeting regarding project financing. 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Bonds, Da/cdjune 1, 2005 Issue Summary TOTAL ISSUE SOUllCES AND USES Dated 06/01/2005 Delivered 06/01/2005 Street WaterMain SaJlitarySwr Storm Wtr Issue Summary SOURCES OF lUNDS Par Amount of Bonds....................................................................... $570,000.00 $380,000.00 $815,000.00 $885,000.00 $2,650,000.00 Trunk................................................................................................ 383,015.00 560,800.00 1,242,871.00 2,186,686.00 County............................................................................................... 1,700,830.00 210,675.00 1,911 ,505.00 TOTAL SOURCES.............................................................................. $2,270,830.00 $763,015.00 $ 1,375,800.00 $2,338,546.00 $6,748,191.00 USF3 OF lUNDS Deposit to Project Construction Fund............................................ 2,236,900.00 746,350.00 1,330,500.00 2,291,200.00 6,604,950.00 Deposit to Capitalized Interest (elf) Fund..................................... 15,606.67 10,426.67 22,333.33 24,238.33 72,605.00 Costs of Issuance.............................................................................. 7,528.30 5,018.87 10,764.15 11 ,688.68 35,000.00 Total Underwriter's Discount (1.200%)....................................... 6,840.00 4,560.00 9,780.00 10,620.00 31,800.00 Rounding Amount............................................................................ 3,955.03 (3,340.54) 2,422.52 798.99 3,836.00 TOTAL USES...................................................................................... $2,270,830.00 $763,015.00 $1,375,800.00 $2,338,546.00 $6,748,191.00 Ehlers ,E Associates, Inc. Leaders in Public Finance File = FA/lMINGTON.SF-Ser 05 $6,0604K Proj Cost Ash Str<<:t Imprv-Issue Sumnuuy 7/10/2003 4:47PM City of Farmington, MN $2,650,000 G.O. Bonds, DatedJune 1,2005 Issue Summary DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total PH 2/01/2006 - - 72,605.00 72,605.00 2/01/2007 225,000.00 2.550% 108,907.50 333,907.50 2/0112008 235,000.00 2.900% 103,170.00 338,170.00 2/01/2009 240,000.00 3.350% 96,355.00 336,355.00 2/0112010 245,000.00 3.700% 88,315.00 333,315.00 2/01/2011 255,000.00 4.050% 79,250.00 334,250.00 2/01/2012 265,000.00 4.350% 68,922.50 333,922.50 2/01/2013 280,000.00 4.650% 57,395.00 337,395.00 2/01/2014 285,000.00 4.800% 44,375.00 329,375.00 2/0112015 305,000.00 4.900% 30,695.00 335,695.00 2/0112016 315,000.00 5.000% 15,750.00 330,750.00 Total 2,650,000.00 - 765,740.00 3,415,740.00 YIELD STA'DS'llCS Bond Year Dollars.................................................................. ............................................................................... Average Life........................................................................................................................................................... Average Coupon.................................................................................................................................................... $17,161.67 6.4 76 Years 4.4619209% Net Interest Cost (NIC) ......................................................................................................................................... True Interest Cost (TIC) ........................................................................................................................................ Bond Yield for Arbitrage Purposes...................................................................................................................... All Inclusive Cost (AlC)........................................................................................................................................ 4.6472176% 4.6485678% 4.4278562% 4.8957746% IRS FORM 8038 Net Interest Cost.................................................................................................................................................... Weighted Average Maturity................................................................................................................................ 4.4619209% 6.476 Years Ehlers .f Associates, Inc. Leaders in Public Finance File = FARMINGTON.SF-SeT 05 $6P604K Pro) Cost Ash Street lmprv-/ssue Surnnuuy 7/10/20034:47PM 520 Ash St Farmington, MN 55024 July 13,2003 City ofParmington 325 Oak St Farmington, MN 55024 Mayor Ristow, Members of the Council, Acting Administrator Siebenaler and City Engineer Mann: It is our understanding that the Council will be discussing the Ash Street project at the July 21 meeting, to decide whether or not to pick up Castle Rock township's $700,000 share and proceed with the street, utility project. We are asking for your help. Please vote to approve this badly needed improvement. If it is not approved now, the cost will only keep rising; as those costs rise, our property value will go down. The ditch in front of our home is an eyesore and an embarrassment. The County, in it's generosity, added river rock a few years ago, making it impossible to mow over half of it. We have smelly standing water, weeds and an endless supply of beer cans and other trash; it is a wonderful breeding ground for mosquitos. We won't even discuss the water we have had to contend with in our basement. Most of you will remember the fecal coliform contamination in our and some other of the ditches along Ash Street in the summer of 1998. While some were reluctant to blame failed individual septic systems ( cesspools) in the area for that contamination they seemed highly suspect. Twenty two failed systems were identified at that time, and in August of 1998 those township residents were served notice to upgrade their systems by June of 1999. Even now, five years later, very very few of those systems are compliant with the law. Can we assume that if this project is not approved, that the City of Farmington will put pressure on Castle Rock Township to enforce MN Statute 155.55 Rule 7080 ? If not, why not? We have heard the phrase "neighbor friendly" used many times in dealing with the township over this issue. It's time to stop worrying about what the neighbors will think and take care of Farmington residents and tax payers! We realize the Council has many important issues to deal with including north Farmington development and the Spruce Street corridor. Planning for the future of the city is obviously necessary, but taking care of what is already here is just as important. Give the south side of town some of the action. Please make the Ash Street project a priority and get it done with now. The finances are available. Thank you for listening; we look forward to a response from you and to your "yes vote" for the reconstruction of Ash Street and a solution to the drainage problems in this area. €.~ _fullY, ~ .----~ ~ -/o--c~_ EugeV Pat Thurmes July 21st, 2003 To Mr. Mayor and Council Members, It is time for the City of Farmington to take control of the Ash Street project. It is obvious that the Castle Rock Township never had any intentions of participating in this project. I think if someone were to analyze all the cost incurred in the studies on this project over the years, plus the man-hours by city staff, council, the township, and county they would find that the costs could have probably paid for half the cost of the project. This road is vital for the continuous growth of Farmington, and also to help relieve the ever-increasing congestion on Hwy 50 coming through town. I hope the City has the foresight to approve this project and move swiftly forward, eJk Co.!~l1 Garvey /O-F 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 Administrat ! FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Emmaus Grove Development Contract DATE: July 21,2003 INTRODUCTION The Development Contract for Emmaus Grove is forwarded herewith for Council's consideration. DISCUSSION The final plat for Emmaus Grove was approved by the Planning Commission on March 11, 2003 and by the City Council on April 7, 2003. The contract has been drafted in accordance with the approvals and conditions placed on the Preliminary an,: 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 Cilv Council approval of the final plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Emmaus Grove Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~ Yvi }vz wYVL- Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -03 APPROVING DEVELOPMENT CONTRACT EMMAUS GROVE 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 21 sl day of July, 2003 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R25-03, the City Council approved the Preliminary and Final Plat of EMMAUS GROVE subject to the following conditions: 1. Any engineering issues shall be addressed and approval of construction plans for grading, storm water, and utilities by the Engineering Division must be granted. 2. 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. 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 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 21 sl day of July, 2003. Mayor Attested to this _ day of ,2003. SEAL Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 21 st day of July, 2003, by, between, and among the City of Farmington, a Minnesota municip<', corporation (CITY) and Farmington Evangelical Lutheran Church, a Minnesota non-profit corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for EMMAUS GROVE (also referred tc in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City OJ Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Ri2ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonine/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements and Akin 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. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. g505.02. The Developer's surveyor shall submit a written notice to the City certifYing that the monuments have been installed. Akin Road Improvements Assessments The parent parcels of EMMAUS GROVE have been assessed for improvements to Akin Road Improvements. The total levied assessment amount for the parcels is: Parcel Nos. 140250001076 (Including Turn Lane & Utility Work) 140300002050 Total amount levied: $ 63,549.22 $ 2.222.09 Total: $ 65,771.31 (As of 12/31/03) 2 A portion of the levied assessment plus interest becomes due with the final platting of EMMAUS GROVE. The amount due with EMMAUS GROVE will be calculated proportionally based on the area of EMMA US GROVE 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 final plat approval or have it prorated and reassessed to the lots and blocks of EMMAUS GROVE. If assessed, the assessments shall be spread over a lO-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. 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 fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradine Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before. the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the 3 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 $ 1,387 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapin2. 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 4" of black dirt. The responsibility for the installation of black dirt 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 Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Mana2ement Fee. The Developer shall pay an area storm water management charge of$ 113,575 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 eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 16. Wetland Conservation and 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$ 21,287 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 eight percent (8%) 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. A credit of $ 11,485 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that a credit will be given to the developer for the Water Main Trunk Area Charge in the amount off 1,198. 18. Water Treatment Plant Fee. The Water Treatment Plant Fee in the amount of $ 550 per SAC unit, is due before a building permit may be issued. The number of SAC units in the development is to be determined by the State of Minnesota after the submission of an approved building construction plan. To guarantee payment of the Water Treatment Plant Fee, 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 $ 9,625. This security may be added to the construction security amount as defined in paragraph 26, or may be furnished as a separate security. 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 Water Treatment Plant Fee is not paid, 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, to satisfy the Water Treatment Plant Fee requirements. 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$ 17,045 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 eight percent (8%) 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$ 22,298 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 eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 965 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$ 743 based upon the number oflots 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 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 $ 927,734. 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 $ 37,750 $ 59,966 $ 86,753 $ 378,456 $ 284,469 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 200 $ 20,938 $ 10,125 $ 938 $N/A Two Years Principal and Interest on Assessments $ 48,090 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 eight percent (8%) 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 Silms. 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, utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The 7 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 signiticance" 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 requirement~ so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City. County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indenmify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M. Not Allowed 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 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Farmington Lutheran Church 501 Walnut Street Farmington, MN 55024 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: Farmington Lutheran Church 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 Farmington Lutheran Church, a non-profit corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT "A" KNOW ALL PERSONS BY THESE PRESENTS: That Farmington Evangelical Lutheran Church, a Minnesota non-profit Corporation, fee owner of the following described property situated in the County of Dakota, State of Minnesota, to wit: DESCRIPTION: That part of the northeast quarter of the southeast quarter of section 25, township 114, range 20, Dakota county, Minnesota which lies northeasterly and northerly at the following described line; commencing at the northeast corner of said northeast quarter of the southeast quarter; thence south 89 degrees 33 minutes 09 seconds west an assumed bearing along the north line of said northeast quarter of the southeast quarter a distance of 1034.70 feet to the point of beginning of said line to be described; thence south 35 degrees 24 minutes 51 seconds east a distance of 890.65 feet; thence south 25 degrees 57 minutes 51 seconds east a distance of 199.72 feet; thence north 64 degrees 07 minutes 09 seconds east a distance of 59.41 feet, thence northeasterly and easterly a distance of 92.09 feet along a tangential curve concave to the south having a radius of 200.00 feet and a central angle of 26 degrees 22 minutes 56 seconds; thence south 89 degrees 29 minutes 55 seconds east tangent to last described curve a distance of 295.16 feet to the point of intersection of the east line of said northeast quarter of the southeast quarter and a line drawn parallel with and distant 870.00 feet south of the north line of the northwest quarter of the southwest quarter of Section 30, Township 114, Range 19, in said Dakota County and said line there terminating. AND ALSO: The north 870.00 feet of the west 150.00 feet of the northwest quarter of the southwest quarter of Section 30, Township 114, Range 19, Dakota County, Minnesota. AND ALSO: A strip of land 30.00 feet in width over that part of the northeast quarter of the southeast quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota, the northerly line of which is described as follows: Commencing at the northeast corner of said northeast quarter of the southeast quarter: thence south 89 degrees 33 minutes 09 seconds west, on an assume bearing along the north line of said northeast quarter of the southeast quarter, a distance of 1034.70 feet; thence south 35 degrees 24 minutes 51 seconds east, a distance of 890.65 feet; thence south 25 degrees 57 minutes 51 seconds east, a distance of 199.72 feet to the point of beginning of said line to be hereinafter described; thence north 64 degrees 07 minutes 09 seconds east, a distance 59.41 feet; thence northeasterly and easterly, a distance of 92.09 feet along a tangential curve concave to the south having a radius of 200.00 feet and a central angle of 26 degrees 22 minutes 56 seconds; thence south 89 degrees 29 minutes 55 seconds east tangent to last described curve, a distance of 295.16 feet to the point of intersection of the east line of said northeast quarter of the southeast quarter and a line drawn parallel with and distant 870.00 feet south of the north line of the northwest quarter of the southwest quarter of Section 30, Township 114, Range 19, in said Dakota County and said line there terminating. Said strip of land is to extend by its full width from a line which bears south 25 degrees 57 minutes 51 seconds east from said point of beginning to the northeast quarter of the southeast quarter. AND ALSO: The south 30.00 feet of the north 900.00 feet ofthe west 150.00 feet of the northwest quarter of the southwest quarter of Section 30, Township 114, Range 19, Dakota County, Minnesota. 12 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ICj TO: Mayor, Councilmembers, Interim City Administrat FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Riverside West Development Contract DATE: July 21, 2003 INTRODUCTION The Development Contract for Riverside West is forwarded herewith for Council's consideration. DISCUSSION The final plat for Riverside West was approved by the City Council on May 19,2003. The contract has been drafted in accordance with the approvals and conditions placed on 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 REQUESTED Adopt the attached resolution approving the execution of the Riverside West Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~~~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -03 APPROVING DEVELOPMENT CONTRACT RIVERSIDE WEST 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 2151 day of July, 2003 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R32-03, the City Council approved the Preliminary and Final Plat of RIVERSIDE WEST subject to the following conditions: 1. All engineering issues shall be corrected and approval of construction plans for grading, storm water, the existing cul-de-sac, and utilities by the Engineering Division must be granted. 2. 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. 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 ofthis 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 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 2151 day of July, 2003. Mayor Attested to this _ day of ,2003. SEAL Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 21st day of July, 2003, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and John A. Benedict, an individual (DEVELOPER), and Brian 1. Budenski, an individual (DEVELOPER), and Finden Properties LLC, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for RIVERSIDE WEST (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT): The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Ri2ht 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. Zonin2/Development Map. The Developer shall provide an 8 1I2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements and Akin 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. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. S505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. Akin Road Imorovements Assessments The parent parcels of RIVERSIDE WEST have been assessed for improvements to Akin Road Improvements. The total levied assessment amount for the parcels is: Parcel Nos. 140300002279 Total amount levied: $1,048.58 $289.53 Total: $1,338.11 deferred assessments (through 12/31/03) active assessments (due upon execution of the development contract) 2 A portion of the levied assessment plus interest becomes due with the final platting of RIVERSIDE WEST. The amount due with RIVERSIDE WEST will be calculated proportionally based on the area of RIVERSIDE WEST 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 final plat approval or have it prorated and reassessed to the lots and blocks of RIVERSIDE WEST. 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. Storm Sewer and Pondinf! Imorovements The existing storm sewer system on Devonshire Avenue will be modified as indicated on the construction documents. The Developer will be responsible for the costs of adding one catch basin with pipe lead to catch basin #4. The City will be responsible for the costs of the other modifications to the existing piping system. The Developer's contractor will submit a price for this work to the City for approval before the work may commence. The City will reimburse the Developer's contractor directly for the City's share of the costs. The existing pond at the comer of Devonshire Avenue and 206th Street West will be modified as shown on the construction documents. The Developer will be responsible for the costs to expand the pond volume to accommodate the runoff volume from Riverside West. The City will be responsible for the costs of the other modifications to the pond. Mobilization and de- watering costs, if any, will be pro-rated between the City's improvement costs and Developers improvement costs. The Developer's contractor will submit a price for this work to the City for approval before the work may commence. The City will reimburse the Developer's contractor directly for the City's share of the costs. 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. 9. Warrantv. 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 final acceptance of streets and utilities. 10. Gradin2 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 $ 136 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapin2. 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 4" of black dirt. The responsibility for the installation of black dirt 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 final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal 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 controb, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Mana2ement Fee. The Developer shall pay an area storm water management charge of $ 1 J ,272 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 eight percent (8%) 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 hased upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Miti2ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Char2e. The Developer shall pay a water main trunk area charge of$ 4,225 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 eight percent (8%) 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 $ 2,750 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 eight percent (8%) 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. Sanitarv Sewer Trunk Area Char2e. The Developer shall pay a sanitary sewer trunk area charge of $ 3,610 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 eight percent (8%) 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 has satisfied the Park Dedication fee requirements for the development. A reimbursement for the actual costs of construction will be given to the Developer for trail construction within the plat. The amount of reimbursement for trail construction shall not exceed $21,161. 21. Sealcoatin2. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 310 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$ 200 based upon the number oflots 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 tu 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 reimbursc the City for street cleaning costs. 26. Securitv. 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 pial 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 $ 210,908. 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 ,)1' 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 $ 5,800 $ 3,607 $ 11,436 $ 6,250 $ 167,118 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 1,250 $ 5,500 $ 3,] 25 $ 308 $ N/A Two Years Principal and Interest on Assessments $ 6,515 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 eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 30. Wetland Buffer and Natural Area Si2ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 31. Existin2 Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. 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, utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The 7 Developer is responsible for maintaining said streets in a condition that will assure the access of eDii:rgency 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 AM. until 7:00 P.M. 8:00 AM. 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: Finden Properties Attn.: Steve Finden 28 8th Street Farmington, MN 55024 651-460- 5100 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 CITY OF FARMINGTON By: By: DEVELOPER: By: John A. Benedict By: Brian J. Budenski Finden Properties LLC By: Steve Finden Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 SIGNATURE PAGE Gerald Ristow, Mayor Daniel Siebenaler, Interim City Administrator Its: 10 STATE OF MINNESOTA 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 COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of ,20 by , an individual. John A. Benedict Notary Public STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of ,20 by , an individual. Brian J. Budenski Notary Public STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of ,20 by , the of Find en Properties LLC, a Steve Finden corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT" A" That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 114 North, Range 19 West, lying north of the south 660 feet thereof and west of the westerly boundary of Riverside Estates as platted, described as follows: Commencing at the west quarter comer of said Section 30; Thence South 00 degrees 25 minutes 56 seconds East, along the west line of the Southwest Quarter of said Section 30, a distance of 1318.71 feet to the northwest comer of the Southwest Quarter of the Southwest Quarter of said Section 30, this point also being the POINT OF BEGINNING; Thence South 89 degrees 27 minutes 15 seconds East, along the north line of the Southwest Quarter of the Southwest Quarter of said Section 30, a distance of 578.69 feet to a point on the westerly boundary of Riverside Estates; Thence South 22 degrees 54 minutes 42 seconds West, along said westerly boundary, 53.92 feet; Thence continue North 89 degrees 27 minutes 15 seconds West, along said westerly boundary, 56.32 feet; Thence continue South 23 degrees 03 minutes 28 seconds West, along said westerly boundary, 659.04 feet to a point on the north line of the south 660 feet of the Southwest Quarter of the Southwest Quarter of said Section 30; Thence North 89 degrees 24 minutes 38 seconds West, along the north line of the south 660 feet of the Southwest Quarter of the Southwest Quarter of said Section 30, a distance of 238.28 feet to a point on the west line of the Southwest Quarter of Said Section 30; Thence North 00 degrees 25 minutes 56 seconds West, along the west line of the Southwest Quarter of said Section 30, a distance of 658.61 feet to the POINT OF BEGINNING and there terminating. 13 /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us FROM: Mayor, Council Members, ~/ Interim City Administrato( jJY \U?v Jim Atkinson Assistant City Planner TO: SUBJECT: Meadow Creek 4th Addition Preliminary Plat DATE: July 21,2003 INTRODUCTION Warren Israelson of Progress Land Company proposes to plat 123 single-family residential lots on 47.89 acres in the fourth phase of Meadow Creek. The proposed subdivision is located east of Prairie Creek and north of the Meadow Creek 2nd and 3rd Additions. Plannin2 Division Review Applicants: Warren Israelson Progress Land Company 6001 Egan Drive, Suite 100 Savage.~ 55378 952-226-3200 Attachments: Preliminary Plat Letter from Randy Distad, Parks and Recreation Director Letter from Patrick Lynch - DNR Letter from Jay Riggs - Dakota County Soil and Water Conservation District 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: Residential PUD to the north, R -1 to the west and south, and Empire Township to the east. Existing Conditions: The property consists of farmland and includes a man-made drainage way 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 123 single-family lots on 47.89 acres in the fourth phase of Meadow Creek. A total of four (4) outlots make up the remainder of the plat, all of which would be utilized for stormwater management. Lot Width Requirement The zoning code requires lots in an R-l district to have at least 75 feet of street frontage as measured from the front yard setback line. As shown on the plat, only the lot widths at the property line are labeled. Because of this, compliance with the lot width requirement for several lots is difficult to determine. The applicant, however, has verified that all lots are at least 75 feet wide at the front yard setback line. Transportation Dunbury Avenue and Dylan Drive would connect the fourth addition to the third addition. There would also be three connection points to the north connecting to future residential development. Trails The applicant met with Staff on July 15, 2003 to discuss additional trails that were recommended by the Parks and Recreation Director (see attached memo from Randy Distad). The applicant will submit a revised drawing that depicts the modified location of the mutually agreed upon trail system. The drawing will be available for the Council meeting on July 21,2003. The following trail segments will be added to the applicant's original proposal: 1. On the south side of Road B between the Lake Julia Waterway and Dunbury Avenue. 2. Along the wetland boundary on the eastern side of the development. This trail location has been modified from the requirement provided in the memo from the Parks and Recreation Director. Staff is recommending that the trail not be located directly adjacent to the proposed lots on the eastern side of the development, but rather along the wetland boundary. Given this change, the trail would no longer connect to Dunbury Avenue as required in the memo. 3. Access from Road "E" and Road "C" via easements provided between lots. Staff will work with the applicant to determine the most appropriate locations for the easements. ACTION REQUESTED Approve the Meadow Creek Fourth Addition preliminary plat contingent upon the following items: 1. The applicant shall comply with recommendations submitted by the Minnesota DNR and Dakota County Soil and Water Conservation District (see attached letters). 2. The applicant shall provide trails in accordance with the attached letter from Randy Distad, Parks and Recreation Director as modified. 3. Easements shall be provided to access Outlots A and B. 4. A Development Contract between the Developer and the City of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Respectfully submitted, I I'lL- (-~/I'~- ~ Jim Atkinson Assistant City Planner cc: Warren Israelson Mike Olson RESOLUTION NO. APPROVING PRELIMINARY 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 21st day of July, 2003 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the preliminary plat of Meadow Creek 4th Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 8th day of July, 2003 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the preliminary plat at its meeting held on the 8th day of July, 2003; and WHEREAS, the City Council reviewed the preliminary plat on July 21, 2003; 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 preliminary plat be approved with the following conditions: 1. The applicant shall comply with recommendations submitted by the Minnesota DNR and Dakota County Soil and Water Conservation District (see attached letters). 2. The applicant shall provide trails in accordance with the attached letter from Randy Distad, Parks and Recreation Director as modified. 3. Easements shall be provided to access Outlots A and B. 4. A Development Contract between the Developer and the City of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21st day of July, 2003. Gerald Ristow, Mayor Attested to the _ day of 2003 City Administrator (?:::-:;E::~:::~-- -., ;~- C=:J to [!!m @ ~ [!!m ~ ~ ~ ~~ ~~ ~~ ~f2 g~. .- l:8 .E IV- ..:::.... eU Q..3t 0/--- ~ ~}- ).J. ~ l ~ 1 I P ~ ' 1 tl : J fIn ; ~I : : t II..! ~ Ii ! i lill i r .}; Iii lZ' I, ii, t! 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I' . .!ct I . /' ,.... ....... .. ). >< A 1,......y ,.................. ., ',I ~ ," it l,.Clil.Ot $" I I -...~ '~'" ,- . ,/ ~~~~~~.,..::~~~>//:.://~:~\~~~~z' ?~/ ':>"::-'~~7 :'r' /, ~ f -' ',..'/ ,.., . 1/, ", -"',- '%' ,~; .. " , II /^~'7~:;::J}/j~~({l !i:f!";i~~;! if '/i , / /....1, ,r:,! ,. ,~I ,...., < I" '~. i ''''''..//'1 :co 11'.,., :, / {;, ,; I",." ". /!i~~S~~~;:;j~~:~:t61:;I~~ :z => -') 'to u ::> .. .!l IJ it a i= o ::) >-a: g~ o :to ~~ ~u. I- o Z ~ ~ '< 'v City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us DATE: July 2, 2003 FROM: Lee Smick, City Planner Randy Distad, Parks and Recreation Director ~ Meadow Creek 4th Preliminary Plat TO: RE: I wanted to provide some comments to you about the location of the trails in the Meadow Creek 4th Preliminary Plat. I have attached the Preliminary Plat that highlights the trail locations that I am referencing below. 1. A trail connection was previously identified being made along Road B from the trail along the drainage way to the trail that will run along Dunbury Avenue. No trail is shown in this location on the Preliminary Plat. 2. Along the eastern side of the development there should be a trail shown between the storm water ponds and the lots that will run from the eastern edge of the development down the southeast side of the development and connect up with the trail shown along Dunbury A venue. There is no trail shown in this location on the Preliminary Plat. 3. There should be a trail connection shown between lots on Road E and Road C. These small connections from the streets to the trail along the eastern edge of the development are not shown on the Preliminary Plat. If you could communicate these comments to the developer, it would be greatly appreciated. Should you or the developer need further clarification about the location of the trails in the Meadow Creek 4th Preliminary Plat, please don't hesitate to contact me. --- , , -, ~. , _I" '__I' I I 'r1'-I '_........'-011., I ,...,"""'- U.I U. Minnesota Department of Natural Resources Central Region Waters - 1200 Warner Road) St. Paul) MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 July 1, 2003 Lee Smick, City PlaIl.DCt' City of Farmington 32S Oak Street Farmington.}vfumesota 55024 RE: Proposed Preliminary Plat of Meadow Creek 4lh Addition Dear Ms. S~ck: The DepllJ'UDeQt ofN atural Resources (DNR) received the notice ofhearing and plan sheets you sent relative to the proposed :preliminarypl.a1 ofMeadaw Creek 4th Addition in Farmington. The documents were reviewed and the following COInInC:DtS are offi:redfar coosi.de:ra1ian at the upcoming bearing. The site is void ofanyDNRPublic Waters Wetlands, although it is situated be:tWeenDNR Wct1.and#19-352Wto1bewestandNorthCreek,a tributary to the VermillionRiwr, to the east. A portion of'the east side of the plat lies within a federally designated floodplain. Developmalt within the :floodplain must adhere to the provisions of the community's floodplain ordinance. It is recommended that the :linel plst documents include the I OO-year:flood elevation em them. Lots 11 and 12, Block 5, are proposed to be elevated on fill. These lots willl.ikely require a J:.et1a' afM.ap Revision (LOMR) once :filled, to avoid future owners :from paying flood iDsursn.ce. The lowest floor eleva.tion of structures on these lots must be at least one foot above the IOO-year flood (or higher ifth.e city has more restrictive requirements). Sheet C3 (Grading and Drainage Plan) indicates a linear drainage feature to be construc:tedfrom westto'east. By incorporating meanders in to this drain.agc feature, the drainage feature will have a more natural look, md help reduce the runoff rate. Also, please consider requiring planting of willow. dogwood, and red maple along this drainage to provide stability, shade, and habitat. The city has utilized signa.ge along many of its wetlands and stonn paocis. Sigoage alODg the wetlands and storm ponds in this development will educate the public as to thefunc:tion and values of these resources. and remind them that mowing. grading,fiUing or CJtbernlise distnrbing these areas are not allowed. To reduce; nmaffrale and volume, please: COD.Sider requiring oa.rrawer streets, and. where :feasible. ma.~g stonnwater infiltration. This proposed development, with the proposed on-sitemitigation wetlsnd, provides an oppormnityto monitorThe mitigation wetland on the east end of the plat under the WHE.P program administered by Dan Huff at Dakota County Extensioa Please contact him if the city is interested in pursuing this further. ' In the future:, please address all notices of hearing for sh.oreland or floodplain matters to my attention at the above address, lfyou have any questions, please call me at 651-772-7917. Sincaely. Patrick J. Lynch m AreA Hydrologist c: Dakota SWCD, Brian. Watson D8Il. Huff: Dakota CountyExtz::csion Micbcle Hanson. DNR DNR Information: 651-296-6157 . 1-888-646-6367 . TIY: 65)-296-5484 . l-800-657-3929 An Equ:\l Opponunity .empll.lyt:r Who Vahle~ ni\'er~ity ft: Printed on Rccycled ?:\per COI1t3injn~ a '\r~ Mini mum uf 20% POSf~Con$Umcr Wa~Lc: DAKOTA COUNTY SOIL & WATER CONSERVATION DISTRICT Dakota County Extension and Conservation Center 4100 220th Street West, Suite 102 Farmington, MN 55024 Phone: (651) 480-7777 FAX: (651) 480-7775 www.dakotaswcd.org June 30, 2003 Ms. Lee Smick Ref.: 03-FRM-045 City of Farmington 325 Oak Street Farmington, MN 55024 RE: REVIEW OF THE PRELIMINARY GRADING PLANS FOR MEADOW CREEK FOURTH ADDITION Dear Lee: The Dakota County Soil and Water Conservation District (SWCD) has reviewed the plans for the above- mentioned site. This project entails the construction of 68 single-family lots on approximately 48 acres. The following report discusses wetland related issues and submits erosion control recommendations. Wetland Permitting Issues The plan includes over 68,000 square feet of wetland fill. These impacts are cumulative with the impacts associated with the 3Td Addition for which a Wetland Replacement Plan Application was recently submitted. Sequencing information will need to be submitted with another Wetland Replacement Plan Application prior to approval of the final grading plans and construction. The SWCD will comment further on the proposed wetland alterations as part of the application review process. Erosion and Sedimentation Control Minimal erosion and sedimentation controls are shown on the plan. Accordingly, in addition to the proposed silt fence, the SWCD suggests the following at a minimum for this site: 1. Develop a dewatering plan that addresses erosion control issues and include it with the construction documents. 2. Construct the storm water ponds promptly to. serve as temporary sediment basins. Install a stable overflow on the pond. 3. Show temporary and permanent seeding and mulching specifications. 4. Install a rock construction entrance. 5. Stabilize slopes tributary to waters of the state promptly in accordance with the NPDES permit. 6. Install energy dissipation devices at all storm sewer outlets. Show the type and location of all energy dissipation devices on the plan. 7. Install inlet sediment filters at all low points in the system. 8. Use native, deep-rooted vegetation wherever possible. Thank you for the opportunity to review this plan. Call me at (651) 480-7779 if you have questions. Sincerely, Jay Riggs, CPESC cc: Rehder & Associates, Inc., 3440 Federal Drive, Suite 240, Eagan, MN 55122 Progress Land Company, 6001 Egan Drive, Suite 100, Savage, MN 55378 Lee Mann, City of Farmington Brian Watson, Dakota SWCD /0,,' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, Interim City Administrato FROM: Jim Atkinson Assistant City Planner '?f (./ SUBJECT: Citizen Request for City Code Amendments Regarding Commercial Vehicles and Paperboxes DATE: July 21, 2003 INTRODUCTION City staff was recently contacted by a resident in the Charleswood development who has concerns regarding an adjacent property: (1) A commercial work van is parked on the driveway at night and on weekends. This situation is similar to many properties within the City where a work van belonging to the resident's employer is kept at home. (2) A newspaper box is located in the boulevard next to the neighbor's driveway. Each issue is addressed separately below. DISCUSSION Commercial Vehicles The City Code currently addresses some aspects of commercial vehicle parking within the City. SectionlO-6-4 (M) addresses the permitted location of all types of vehicles in a residential zone: 10-6-4: OFF STREET PARKING (M) Parking In Residential Areas: All vehicles shall be parked on a hard surface driveway or parking apron. All parking areas shall maintain a five-foot (5') setback from side and rear lot lines. Section 10-6-4 (K) addresses the prohibited uses of required parking spaces in all zoning districts: 10-6-4: OFF STREET PARKING (K) Use Of Parking Area: Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale. (Ord. 002-469, 2-19-2002) Section 9-1-4 (F) addresses parking for some types of commercial vehicles on City streets: 9-1-4: PARKING PROHIBITED (F) Between two o'clock (2:00) A.M. and five o'clock (5:00) A.M., no person shall park any vehicle in excess of seven thousand (7,000) pounds GVW or any trailer on any City street except that the owner of a vehicle under fifteen thousand (15,000) pounds GVW may apply to the Farmington Police Department for a temporary parking permit, not to exceed three (3) consecutive days or six (6) days annually. Such permit to be issued only with the written consent of the property owner(s) directly adjacent to the parked vehicle. No property owner may authorize more than three (3) permits per calendar year. (Ord. 092-270, 7-6-1992) The City Code, however, does not prohibit commercial vehicles to be parked on a residential driveway, provided the above provisions are complied with. Staff is not aware of any other complaints regarding commercial vehicles parked in residential driveways in the last several years. If the Code were changed to prohibit or regulate commercial vehicle parking on residential driveways, enforcement of the Code would affect the many property owners that keep work vehicles at their homes. Given the potential impact to property owners with commercial vehicles and the lack of complaints regarding commercial vehicles, staff is not recommending any additional regulation at this time. If the Council believes that a Code amendment regulating commercial vehicles is appropriate, they may direct staff to draft an ordinance. Newspaper Boxes The City Code does not specifically allow newspaper boxes In the boulevard. Allowable activities In boulevards are as follows: 8-1-5: BOULEVARDS,' ALLOWABLE USES: (A) No person shall install any structure or improvement or plant any materials in the City boulevard except as follows: 1. Street trees as allowed under Section 2-9-11: 2. Sidewalks meeting minimum and maximum City design standards; 3. Driveways meeting minimum and maximum City design standards; 4. Annual or perennial flowers, shrubbery not exceeding three feet (3') in height; 5. Split rail fences; 6. Planters not exceeding two feet (2') in height or closer than three feet (3') from the back of the curb or paved surface; 7. Underground sprinkler systems; 8. Boulevard sod as specified in subsection 11-5-3(F); 9. Decorative rock and tree bark. According to the City Attorney, banning newspaper boxes could be considered an infringement on a person's first amendment rights. It may be possible, however, to regulate the location and quantity of paper boxes. For example, a paper box could be required to be attached to a mailbox, and not freestanding. A property owner could also be limited to one (1) paper box. As with the commercial vehicle issue, staff has not received any other complaints regarding newspaper boxes and therefore does not recommend changing the Code to regulate the location or quantity. It may be appropriate, however, to add newspaper boxes to the list of allowed uses in boulevards since they are currently not provided for. The Council may direct staff to draft an appropriate Ordinance. ACTION REQUESTED Provide direction to staff regarding Code amendments to regulate commercial vehicle parking on residential driveways and to regulate the location and quantity of newspaper boxes. Respectfully submitted, 4~[}t::- Jim Atkinson Assistant City Planner Jim Atkinson From: Sent: To: Subject: ~ Wednesday, July 09,200312:53 PM Jim Atkinson ref: Amend commercial vehicle ordinance & paperbox Jim, I'm requesting an amendment on the ordinance to do with commercial vehicles and paperboxes. Should read as follows: No residence shall park, store or keep a commerical truck or van in the driveway or any other location upon premis unless registered to owners of such a residence. If commerical vehicle is registered to owner of residence there shall be proper screening. No less than a 6' high berm or fence approved by the city of Farmington. No less than a 10 foot setback from adjoining properties. Also, Please amend the code regarding paperbox: No residence shall have more than one paperbox. All paperbox shall be connected to a mailbox. Please forward to correct people. I know the attorney will write this correctly. Please allow some relief to people in Farmington who live very close to someone who parks a van or truck that is obviously unsightly. . L __ .... _. Farmington, Mn. 55024 1 /0 I <J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us TO: Mayor, Council Members, Interim City Administrator ~ FROM: Jim Atkinson Assistant City Planner SUBJECT: Request for Time Extension for Filing of Final Plat - Riverbend DATE: July 21,2003 INTRODUCTIONIDISCUSSION The Developer, Steve Juetten of Newland Communities, received approval from the City Council for the Riverbend Preliminary Plat on December 17,2001. Section 11-2-2 (D) 3 of the City Code requires that upon approval of the preliminary plat by the City Council, the Developer must submit the final plat within 100 days of the approval, unless a time extension is requested by the Developer and submitted in writing and approved by the City Council. On March 18, 2002, the City Council approved an 18-month extension of the 100-day final plat submittal requirement. The 18-month extension is scheduled to expire on August 1,2003. The developer, however, has recently submitted a request for an additional extension of twelve months. The attached letter from Mr. Steve Juetten dated July 9, 2003 explains the need for additional time. If approved, the new deadline for submitting the final plat would be August 1, 2004. ACTION REOUESTED Approve the requested time extension of 12 months (August 1,2004) for the submittal of the Riverbend Final Plat. Respectfully submitted, q ~ at=- Jim Atkinson Assistant City Planner cc: Steve Juetten, Newland Communities II NEWLAND COMMUNITIES NEWLAND MIDWEST 11000 West 78th Street Suite 101 Eden Prairie. MN 55344 952'942'7844 Fax 952'942'8075 July 9, 2003 Ms. Lee Smick City of Farmington 325 Oak Street Farmington, MN 55024 Re: Riverbend Final Plat Dear Ms. Smick, On March 18,2002, the Farmington City Council approved an extension of time until August 1, 2003 to submit the Riverbend Final Plat. Unfortunately, do to several unforeseen issues, Astra Genstar Partnership, LLP, needs to request an additional twelve-month extension oftime. Since March 18, we have continued to work toward the resolution of several items. We have received FEMA approval of the Letter of Map Revision and we have continued to work with City Staff on the completion of the final grading plan. However, due to issues that only surfaced in the last few months regarding the need to coordinate grading plans with the developer to the south, City staff s requirement to survey the existing pond . in Dakota County Estates to ensure that the existing properties in Dakota County Estate& are protected from drainage. problems, and recent results of the Dakota County East/West Corridor Study - resulting in the need for City staff to reevaluate whether the need still existed to provide right-of- way for the construction of an east/west roadway along the north line of the plat, an update of the grading plan has only recently been completed and submitted to City Staff for review. In order to ensure the best design of the project, it is our desire to wait until the final grading plan is approved prior to starting the final utility and street plans and final plat. By waiting until City Staff has approved the final grading plan, the utility and street plan design and final plat will be completed according to the approved grading plan. Further, because of the time of year and the economics of the project, no site work is expected until 2004. -- It is our belief that another extension of time is appropriate and would allow everyone the necessary time to continue to work through the issues that may surface regarding the grading plan, utility and street plan and final plat to ensure that the final design will be consistent with City policies prior to bringing it to the City Council for approval. Thank you for consideration of this request for a twelve-month extension of time to submit the Riverbend Final Plat. Please contact me if you have any questions. Sincerely, ~) Steven P. Juetten Genstar Land Company Midwest, LLC, Managing Partner of the Astra Genstar Partnership, LLP